Feminist Perspective on Gender Equality

• Main Authors: Pan, Yun-Fan, 潘韻帆
• Other Authors: Liu, Shing-I
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/64653276825488422899

碩士 === 國立臺北大學 === 法律學系一般生組 === 99 === The concept “gender mainstreaming” is proposed by Third World Conference on Women in1985. Because of this proposal, the female consciousness was raising. In Taiwan, lawmakers drew up several relating laws concerned with gender, including Gender Equality in Employment Act and Labor Standards Act. . From the perspective of laws, it seemed to pay equal attention to males and females; however, gender discrimination is still widely prominent in modern society even the concept of gender equality had already been acknowledged in legal documents. In other words, how to realize the concept gender equality in society and authentic working field is an important issue to modern people.. This study is to analyze the labor law from the feminist perspective, using a different method from the traditional interpretation and reexamine the current law in Taiwan. The thesis is divided into six chapters. First, chapter one is the introduction section, including the motivation, purpose of research and methodology. Chapter two is the analysis of feminist legal theory. From this perspective, the researcher hopes to supply another view on judicial review of equal protection, trying to find the defects of current laws to challenge the existing power structure.Thirdly, chapter Three is the discussion of judicial review on gender equality, and the concept of“difference”between men and women is clearly clarified to reveal what is “real difference”and what is“stereotype.”In addition,, the discussion about the standards of judicial review is included in this chapter. Chapter four is the impact of affirmative action on judicial review.Besides, chapter five is the analysis of case studies related with labor lawand chapter Six, the final part, is the conclusions and recommendations. Judicious current laws should be made through paying attention to gender awareness and sensibility. In the past, because of incomplete consideration, gender discrimination existed, producing negative effects and some of which still are present now. The wholeness of legislation should be much more gender sensitive instead of being gender-blind. In legislation, the elimination of external facial in genders is not enough. Specifically, gender sensibility should be carefully comprised in laws from consideration of physiology, psychology, social differences and the structure inequality of females so that a well-developed and integral situation could be expected in the future, reaching authentic gender equality in executive, legislative and judicial perspectives. To consider whole elements between men and women, including physiology、psychology and social differences, attention to women’s structural inequality. Key Words: Feminist legal theory, Gender equality, Judicial review, Affirmative action