Cameron Miranda
Despite an increase in the number of countries upholding gender equality in their constitutions, many countries still enforce gender-specific laws. While federal laws in some countries prohibit discrimination based on sex, gender disparities persist in education, employment, earnings, retirement, health, and violence. In the United States, the lack of an Equal Rights Amendment (ERA) means women are not recognised as equal citizens under the law. Globally, countries with folk religion, Buddhism, Judaism, or no official religion have higher gender equality, while predominantly Muslim countries have significantly lower levels of gender equality.
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What You'll Learn
Gender-based violence
While federal laws prohibit discrimination based on sex, gender disparities persist in education, employment, earnings, retirement, health, violence, and other areas covered by federal programs. Gender-based violence (GBV) is a violation of human rights and a life-threatening health and protection issue. It can include sexual, physical, mental, and economic harm inflicted in public or in private, as well as threats of violence, coercion, and manipulation. GBV disproportionately affects women and girls, and their risk of exposure increases in situations of displacement. Forcibly displaced and stateless people also face higher risks of GBV.
Forms of GBV include intimate partner violence, sexual violence, child marriage, female genital mutilation, and so-called 'honour crimes'. The consequences of GBV can be devastating and life-long for survivors, and it can even lead to death. In the United States, there are laws and organizations in place to support survivors of gender-based violence and domestic violence, such as the Violence Against Women Act and the National Domestic Violence Hotline.
However, there are still laws in place that prevent women from being treated as equals, even in countries that uphold gender equality in their constitutions. For example, in the Democratic Republic of the Congo, a law states that the husband is the head of the household and the wife must obey her husband. In Yemen, wives are required to have "legitimate intercourse" with their husbands when they are "fit to do so", and they must obey and refrain from leaving their homes without their husband's permission. In Saudi Arabia, while there is no official law preventing women from driving, a fatwa (Islamic ruling) states that women should not drive to prevent the removal of the hijab, interactions with men, and "taboo" acts. These laws and cultural norms contribute to gender-based violence and reinforce gender inequalities.
To address GBV effectively, it is essential to challenge these discriminatory laws and cultural norms that perpetuate gender inequality and violence. This includes promoting gender equality, strengthening legal protections for survivors, and providing adequate resources for prevention, mitigation, and response to GBV. By addressing the root causes of GBV and prioritizing the safety and empowerment of women and girls, we can create a more equitable and peaceful society for all.
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Gender equality in constitutions
Constitutions are a country's most authoritative expression of its system of governance and accountability. As such, they present opportunities for advancing gender equality. Since the 1980s, there has been a significant increase in gender-responsive constitutions worldwide. This is a cause for celebration, as more countries than ever before uphold gender equality in their constitutions.
However, the existence of gender-discriminatory provisions in some constitutions undermines this progress. For example, in the Democratic Republic of Congo, a law states that the husband is the head of the household, and the wife must obey him. In Egypt, a law protects honour killings, with husbands facing less severe punishments for killing their wives if they catch them committing adultery. In Yemen, wives are required to have "legitimate intercourse" with their husbands and must obey and refrain from leaving their homes without their husband's permission.
In the United States, federal laws prohibit discrimination based on sex, but gender disparities persist in education, employment, earnings, retirement, health, and violence. For instance, women are more likely to be in low-wage jobs, take on caregiving responsibilities, and experience sexual harassment and assault. Furthermore, the maternal mortality rate in the US is the highest among developed countries, disproportionately affecting women of colour.
Despite these challenges, there have been notable advancements towards gender equality in the US. For instance, in 2020, Ketanji Brown Jackson became the first African-American woman appointed to the Supreme Court. In 2021, Kamala Harris was sworn in as the first female Vice President of the United States, and Deb Haaland became the first Native American woman to serve in a presidential cabinet.
While constitutions play a crucial role in advancing gender equality, it is important to address discriminatory laws and policies that prevent women from being treated as equals.
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Gender equality in opportunities and outcomes
While federal laws prohibit discrimination based on sex, gender disparities persist in education, employment, earnings, retirement, health, and other areas. Women are more likely to be concentrated in low-wage jobs, face sexual harassment, and be responsible for caregiving. They are also underrepresented in management roles and STEM professions.
Gender equality is a fundamental human right and a foundation for a peaceful, prosperous, and sustainable world. Despite progress in recent decades, the world is not on track to achieve gender equality by 2030. Women still earn 23% less than men globally and spend three times as many hours on unpaid domestic and care work. Sexual violence, exploitation, and discrimination in public office remain significant barriers.
To achieve gender equality, we must address systemic barriers through political leadership, investments, and comprehensive policy reforms. This includes ensuring equal economic opportunities for women, removing legal barriers to their participation, and promoting their access to leadership and decision-making positions.
Education plays a crucial role in empowering women and girls to stay in school, fight for their rights, and address unconscious biases that hinder equal opportunities. Technology can also help remove barriers to labour force participation and increase access to flexible working arrangements.
Initiatives like the White House Equal Pay Pledge aim to address pay inequities, and laws such as the Affordable Health Care Act ensure access to birth control and preventive health services. The removal of the ban on women in military combat positions and the appointment of women to political and judicial positions, including Kamala Harris as the first female Vice President of the United States, are significant steps towards gender equality.
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Gender-specific laws in democratic countries
Despite an increasing number of countries upholding gender equality in their constitutions, many democratic countries still have gender-specific laws that disadvantage women. For instance, in the United States, children born out of wedlock face different conditions when obtaining citizenship depending on whether they gain status through their mother or father. This is an example of a law that intrinsically treats men and women differently. The US also does not have a constitutional provision that specifically addresses gender equality or prohibits discrimination based on sex. This has resulted in women facing discrimination in various areas, including education, employment, earnings, retirement, health, and violence. For example, women are more likely to be in low-wage jobs, take on caregiving responsibilities, and experience sexual harassment and assault.
In Latin America, despite progress in several countries in approving comprehensive legal frameworks to address gender violence, women's fundamental rights are still not translating into tangible achievements. For instance, at least 4,050 women were victims of femicide in 2022, with Latin America and the Caribbean being the most violent and dangerous region for women. Social norms that limit women's rights, such as those that promote violent masculinity, pose a threat to democracy and hinder human development.
Some other examples of gender-specific laws in democratic countries include:
- In the Democratic Republic of Congo (DRC), a law states that the husband is the head of the household, and the wife must obey her husband.
- According to the Civil Code of Japan, a man can marry at 18, but a girl can marry at 16.
- In Yemen, wives are required to have "legitimate intercourse" with their husbands and must obey them. They also need permission from their husbands to leave their homes.
- In Saudi Arabia, a fatwa (Islamic ruling) prohibits women from driving, claiming it could lead to the removal of the hijab and interactions with men. While the government denies this, Equality Now notes that fatwas carry the force of law in the country.
- In Chile, husbands are responsible for managing the spouses' joint property, as well as property belonging to the wife.
While some countries have made strides towards gender equality, the persistence of gender-specific laws in democratic nations underscores the ongoing struggle for women's rights and the need for transformative social and legal changes.
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Gender-based discrimination in the US
Despite federal laws prohibiting discrimination on the basis of sex, gender-based discrimination remains prevalent in the United States, particularly in the realms of education, employment, earnings, retirement, health, and violence. In the workplace, gender discrimination manifests in various forms, including sexual harassment, unequal pay, harsher evaluations, and missed promotional opportunities. According to a 2017 survey, 42% of US working women have experienced gender discrimination at work, with higher-income women being more likely to report earning less than men in comparable roles. Women of colour often face additional challenges, with 53% of employed Black women reporting experiences of gender discrimination, compared to 40% of White and Hispanic women.
Historical laws and policies in the US have perpetuated gender inequality. For example, in 1769, the American colonies based their laws on English common law, which stated that a married woman's legal existence was "suspended" and incorporated into that of her husband. In 1777, all states passed laws denying women the right to vote, and it wasn't until 1848 that a plea for an end to discrimination against women was signed by 300 men and women. The 1933 National Recovery Act resulted in many women losing their jobs by forbidding more than one family member from holding a government position.
While there has been progress towards gender equality, with notable milestones such as the appointment of female Supreme Court justices and the removal of the ban on women in military combat positions in 2013, gender disparities persist. Women continue to be underrepresented in management roles and STEM professions, facing obstacles such as sexual harassment and the "glass ceiling." They also face challenges related to financial security in retirement due to lower wages and career interruptions for caregiving.
Maternal health outcomes further highlight gender-based disparities, with the US having the highest maternal mortality rates among developed nations, disproportionately affecting women of colour. The Affordable Health Care Act of 2010 mandated that private health insurance companies cover preventive services, including birth control, without co-pays or deductibles. However, the lack of clear performance measures hinders the effectiveness of programs aimed at reducing racial and ethnic disparities in maternal health outcomes.
To address gender-based discrimination, federal agencies can play a crucial role in designing, implementing, and evaluating programs and policies. For instance, the Equal Employment Opportunity Commission (EEOC) enforces laws like Title VII of the Civil Rights Act, which prohibits employment discrimination based on sex, gender identity, sexual orientation, pregnancy, and transgender status. Additionally, state laws, such as California's Fair Employment and Housing Act (FEHA), offer stronger protections against discrimination, covering smaller employers with as few as five employees.
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Frequently asked questions
No, in fact, the opposite is true. While there is a long history of scepticism regarding the relevance of laws that discriminate on the basis of gender, considerable progress in legal gender equality has taken place over the past five decades.
The United States is an outlier among democratic countries when it comes to guaranteeing rights for individuals based on sex or gender. While federal laws prohibit discrimination on the basis of sex, women do not have the same protections under the law as men.
85% of the 193 United Nations member states have a provision in their constitutions that specifically addresses gender equality, and an additional 115 have a provision that prohibits discrimination on the basis of sex—yet America is not among these countries.
In the Democratic Republic of Congo, a law states that the husband is the head of the household, and the wife must obey her husband. In Egypt, a law protects honour killings. In Saudi Arabia, a fatwa (Islamic ruling) states that women should not drive.
Greater legal equality between men and women is associated with a narrower gender gap in opportunities and outcomes, fewer female workers in positions of vulnerable employment, and greater political representation for women.
