Monthly Archives: August 2017

Legal Protection Barriers That Prevent Empowerment Of Women

Several efforts to empower women have met a counter attack from constitutions that create a legal barrier to the initiative. Women continue to remain unequal with men and boys. Despite a past Beijing conference that had an objective to give rise to gender equality, women still remain less vocal in several countries.

Lack of protection

Despite the constitutional regard to equal treatment of women, the law lacks protection clauses that enforce the right. Women continue to face discrimination in work places due to lack of a guaranteeing constitutional protection. This barrier makes women to participate partially in the economy of the affected countries.

Lack of Explicit Gender Equality

Some countries such as Australia lack an explicit gender equality enforcement clause in their constitution. America offers a general guarantee, but it does not address specifically to women. Notable among the oversight in the constitutions is the elevation of religious or customary regulations above constitution. Such an oversight makes women vulnerable to barriers that limit their empowerment.

Lack of implementation

A gap exists between the constitutional rights and their implementation. It means that a constitution can have protection regulations that empower women, but its enforcers can lax on implementing the regulations. This situation leaves women voiceless in a society that arms them with a voice.

Lack of protection in politics

Some countries have a legislation that places a quota on women representation. However, the actual number of sitting female politicians is still less that the one that the constitution of those countries stipulates. It shows that there is laxity in observing totality in the implementation of legislation.

Lack of Protection against Discrimination at Work

The number of constitutions that enforce equal pay against equal work outwits the ones that enforce non-discrimination of women in workplaces. It means that there is suppression of women rights in work places, and it emanates from the realm of the regulations. The regulations give matters that affect men and boys in work places an upper hand than the ones that affect women.

Selective Application of the regulations

In the US, women do not have a constitutional right on paid maternity leave even though some companies grant women that right. The same applies to paid paternity leave for fathers. Whilst it is an enforceable right in other countries, there is an oversight in the US regulations. The oversight translates into a sparing application of regulations in the global realm.

Lack of Reliable Data

Globally, there is lack of reliable data on barriers that limits the empowerment of women from the perspective of the constitution. This limitation makes it difficult for the world to see how women are vulnerable in the eyes of the regulations. Additionally, lack of the data makes it impossible to measure the effectiveness of the regulations in empowering women.

 

There is a need to enforce legal protection regulations that empower women. Constitutions need to have adjustments that inscribe the protections. Importantly, constitutions should create enforcement agencies that enforce law that empowers women.