Abstract
Welcome to this issue of the International Journal of Discrimination and the Law. In setting its Sustainable Development Goal 5 (SDG5) to ‘achieve gender equality and empower all women and girls’ by 2030, the United Nations has noted that, ‘The commitment to advancing gender equality has brought about improvements in some areas, but the promise of a world in which every woman and girl enjoy full gender equality and all legal, social and economic barriers to their empowerment have been removed remains unfulfilled.’ Of grave concern is the observation that Covid 19 risks reversing the limited progress that has been made in recent years on gender equality and women’s rights worldwide. As scholars and practitioners interested in discrimination law, the fight to improve women’s social and economic equality must be at the forefront of our work and so we are delighted to introduce this issue of the Journal in which this area is explored in the context of three jurisdictions: India, Nigeria and South Africa.
In her consideration of the Indian legal system’s approach to violence against women (VAW), Ayushi Agarwal points to the fact that current legal intervention often focuses on individual punishment rather than structural remedy and reform. This obscures the widespread and systemic nature of such acts of violence and prevents wider understanding of their causes. The author advocates a feminist understanding of VAW and its placement within the wider context of women’s subordination and its identification as a form of sex discrimination. A necessary shift in the methods of redress available would provide a more effective legal framework for the eradication of VAW.
Onyeka Okongwu advocates for an alternative to a strictly legal approach as a means of combatting the various forms of discrimination endured by women in Nigeria. The author argues that the development of the law has not been as effective as it could have been in the promotion of equality between the sexes as the entrenchment of cultural and religious practices and beliefs continues to contribute to discriminatory attitudes and behaviours within as well as well as beyond legal institutions themselves. Rather than law alone, it is suggested that the way forward lies in the adoption of grassroots policy measures such as educational programmes and awareness raising.
The underrepresentation of Black African women in managerial posts within South Africa’s private sector is the focus of the contribution by Kola Odeku and Motlhatlego Matotoka. The authors argue that employers are easily able to circumvent legislation which ostensibly requires equitable representation on the grounds of class, race and gender due to its over reliance on self-regulation and a lack of penalties for non-compliance. Rather than ensuring the equitable treatment of Black African women, such legislation can in practice serve as a smokescreen for the perpetuation of discriminatory practices. The response, it is argued, should be the introduction of mandatory non-flexible quotas aimed at ensuring the recruitment and promotion of Black African women to managerial grades within the private sector.
As these important contributions to the debate on law’s role in furthering women’s equality demonstrate, although the issues explored and the solutions proposed may vary depending on the specific legal settings, discrimination law scholars are committed to finding new and innovative ways of turning SDG5’s promise of a world in which every woman and girl enjoys full gender equality into a reality. That is something to which we all should aspire.
On a different note, it is our great pleasure to let our readers know that we have introduced a new section for contributions: ‘Cases, Legislation and Policy Developments’ will be edited by Professor Lucy Vickers and Dr Rachel Horton. This section will consist of case notes, analyses of legislation and policy from around the world on the broad themes of discrimination, equality and social justice. Papers for this section should be 2000-5000 words in length and should comply with the Journal’s house style, available here: https://journals-sagepub-com-s.web.bisu.edu.cn/author-instructions/JDI We look forward to receiving your contributions to this new section as well as your longer articles and hope that the Journal continues to be a stimulating and informative source of discussion and debate on discrimination law for all our readers.