Monday, December 2, 2019
The legal rights of women Essay Example
The legal rights of women Essay The legal rights of women has been one of theà historical issues that the federal government and state government in US have had to address. It started as small voiceless group in the 19thà century but gotà momentum in the 1960s during theà greatest American civil rights revolution.à Women had been discriminated as weak and inferiorà to men forà a very long time. But with the education of female gender and access to job opportunities it can be notedà that women are capable of performingà tasks equivalent to men. Women movements have done considerable work to have legal rights of women entrenched in the constitution. Although th e laws have given women more chance and opportunity than before, there is still much to be done.WOMEN LEGAL RIGHTS MOVEMENTSWomen have long been a neglect lot in the history of human development. Ideology from the historical perspectives have viewed women as inferior to maleà gender in many aspects such as intellectualà and lea dership capabilities. Women have suffered a brunt of mens ego for along time. The women rights gained public attention in the USA as early as 1848 where their grievances came to public domain. Ità set the agenda for women rights and severalà conventions were held later that culminated to the emergence of women rights movement in USAà (Imbornoni, 2008).Previously women issues have had less legal and career openings over men. It relegated women to roles of wive and mother.à The right to vote for womenà in the 20th century was a foundation for increasing the chances of women inà educational and career undertakings. The notion of most people in the early times was that women wereà inferior andà source ofà evils and temptation and referred as children. Teachings in the early Christian theology reinforced the idea that women were evil and wicked. In other countries the attitude was different and more positive towards women affairs such as in India women were fre e to own property and marry. However with the evolution of Hinduism, women were required to obey their husbands and could not own wealth (DaMetz, 1994).It has been proven that when women are given opportunities in education and leadership to exercise their might. They are found to perform exceptionally well like men. For instance the women religious leaders in the past enjoyedà great influence of power and prestige as well as in leadership such as the Queens of England in the 16th century (Elizabeth) and 19th century (Victoria). Women were relegated to house à work and less muscular task while heavy work like hunting and ploughing was for men. But women are knownà to be highly tolerant to pain, diseases and have higher life expectancy than menà (DaMetz, 1994).In the twentieth centuryà women movements emerged more vigorously toà champion for the rights ofà women in issues like contraceptivesà abortion, education, gender discrimination, employment opportunities and more gender based discrimination. For instance inà early 20th century women attending school was 19 percent. They were taught how to read and write. Girls were prepared for motherhood and marriage while men forà professional work.à This scenario improved steadily for instanceà à in 1980s statistics showed that 49 percent of women attended school, 49 % had masters degree, 33% had doctoral degrees andà 25 percent of all college students were 29 years or older. In the colonial America, women were not included in most of theà formal job opportunities even studying was restricted to summer times when men wereà working and out of school. This led to the onset of women movements (Stetson, 2004).In 1869 women activists formed the Nationalà Woman Suffrage Association (NWSA) which aimed at ensuring there is amendment in the constitution at national level that addresses the plight of women. In the same year,à American Woman Suffrage Association (AWSA)was formed to advocate for the rights of women at States level. This made severalà States to adopt legislations thatà provided legal redress to women and between 1893 to 1918 most States had adopted the legislation.In the following years major amendments were done to improve the welfare and conditions of women such as the National Association of Colored Women (1896) voiced the conditions of colored women, National Women Trade Union (1903) that sought to improve working conditions,à formation of Congressional Union of women in 1913, passage of federal woman suffrageà in 1919, formation of Womens Bureau in 1920 for collecting data on working women, formation of American Birth Control League in 1921, formation of National Council for Negro women that championed for discrimination, sexism and racismà against black women in 1935 and later the emergence of Daughters of Bilitis, a lesbian group (Imbornoni, 2008; Robnett, 1997).From the 1960 to the present radical changes have been mad e to change the statusà of women. For instance in 1960 the Food and Drug Administration allowedà women to have birth control. In 1962 President John Kennedy set up Presidents commission that sought to reportà information concerningà working women in case of discrimination and unfair hiring practices.à Inà 1963 the Feminine Mystique book by Betty Friedman was released. It became popularà andà was bedrock for contemporary women movements (Imbornoni, 2008).The enactment of two Acts inà the subsequent years boosted the women movements. This included the Equal Pay Act (1963) andà Civil Rights Act (1964). These required the federal government and contractors to pay equal salary to all genders and avoid discrimination of women based on their gender. Similarly, the Employment Equal Opportunity Commission (EEOC) was set up toà investigate and penalize violators of the law. In 1965 the supreme court ruled out the a caseà which barredà married people to u se contraceptives. A feminist group calledà National organization for Women (1966) thatà sought for abolition of discrimination in jobs by championing for legislation and lobbying as well asà litigations and demonstrations in the public was formed (Imbornoni, 2008).President Lyndon Johnson in 1967 devisedà an Executive policy thatà ensured all women are indiscriminately allowed to attend educationalà institutions of their choice. The EEOC in 1968 ruled out sex segregatedà advertisement in the media and thus set cause for women to be employed in high paying jobs. California later became the first state toà adopt the divorce law that connotedà no fault and which granted women equal share of property inà case of marriage getting sour. This followed another ruling made in 1970 where the supreme upheld the rule that jobs should be equal and not identical such that the employer cannot pay female worker less than male worker in the same job category (Imbornoni , 2008).Then in 1972à the Equal Rights Amendment went through the Congress and taken to States for ratification.à It did not get the required minimum number of states and was subsequently rejected in 1982. In the same year calls for privacy was upheld for unmarried persons who were allowed to use contraceptivesà through the supreme court ruling. Then the Education Act Amendment (Title X) allowed participation of school going girls in athletics andà professional programs. This increased their numbers significantly (Imbornoni, 2008).The equal opportunities Act of 1974à further reduced restriction of labor market. And in 1976 marital rape become an offence starting with Nebraska. The pregnancy Act was passed in 1978à where employers were required to allow women to work even when they are pregnant as well as grant them the same opportunity in employment. In 1984 the EMILY network was started which advocated for female candidates eying for political office to be support ed. This helped to increase the number of women membership in the national level. The supreme court in 1986 made ruling depicting that sexual harassment as discrimination in the workplace (Imbornoni, 2008).More over, the supreme court went ahead and quashed a case in which the state of Pennsylvania wanted reinstitutionà of clauses in Abortion Act à that were referred as unconstitutional in1992. Two years later the federal government tightened federal laws governing violence against women such asà rape and domestic violence. In 1996 the court ruled in favor of admitting women to the Virginia military school or lose public funding.à The court also gaveà more weight to penalty against sex discrimination to third party complainant.à In 2006 the supreme court banned specific type of abortion proceduresà according toà the Partial Birth Abortion Ban Act of 2003.à The above application of legalà rights to women have had impact in the conditions of women in Ameri ca since 1960s (Imbornoni, 2008).However the adoption and implementation of the Acts since the 1960s were sparingly applied. For instanceà the Equal Pay Act and Civil Rights Act did notà change theà welfare ofà women working in retail stores and access toà credità cards. There was considerable difficulty in application of the law to female offenders since most women were unfairlyà treated as compared to men. Unmarried women were constantly harassed and their privacy undermined and female prostitutes were imprisoned as male customers were not (Stetson, 2004; Robnett,1997).It was also evident that women in America were not allowed to own property but were virtually the possession of their men similar to children and material wealth. This discrimination prevailed for a long time even in education and job opportunities.à For exampleà women doctors accounted for 5% in 1890, women lawyers wereà 2% in 1930 and no womenà engineer in 1930. But with enactment of the Acts since 1960s the percentage of women enrollment increased by more than 15% such as women lawyers in 1980s was 22% while medical doctors accounted forà 17%.à Comparatively, teaching profession had large number of women teachers equivalent to twice the number of men teachers (Stetson, 2004).Although currently the women make large proportion of employees, they still do supportive work such as secretaries, waiters, attendants and waiters. In 1989 there wasà 45% of women in the US work force but had littleà significance in decision making. The number in senior positions later increased dramatically but could not surpass the proportion of men. Women were still paid less than men like in 1963, 43% were paid less and dropped toà 32% in 1988. Women become concerned with jobs and delayed family for long while working elders numbers increased (DaMetz, 2004).The number of working mothers increased steadily fromà 12 percent in 1960s to 57% inà 1980s. Black women c onstituted the largest number and hadà other roles to perform apart from formal work which included domestic work andà caring of children.à In the 1970s working wives spent more thanà one hour per week in domestic chores thanà full time housewives.à More so maternity leave in most Statesà was not given to breast feeding women even with theà changes made in the federal law (DaMetz, 2004).Women in the political positions were notà successful despite theà right to vote that was passedà long time before the 1960s rights revolution. It is only in 1984 where a woman wasà nominated to run for vice presidency.à Apart from this most high ranking public office held by women have been in mayoral and governors positions.CONCLUSIONWomen rightsà movement in the USA started as early asà mid 19th century. It began with the need to address legal ineffectiveness in tackling women issues. Two formidable associations were formed the NWSA and AWSA which later à merged to form NAWSA. This articulated women issues at Federal and States levels. Several Acts and Amendments were enacted and slowly transformed a woman from her main historical role of domestic and motherhood into the professional modern woman. Laws discriminating against gender, race and sex were enacted. The most visible ones include the Equal Pay Act (1963) and The Civil Rights Act (1964) among others. Though these laws were supposed to give level ground to all women. There is still difficulty inà implementing them.
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