Gender Blindnessand Gender Discrimination in the Law on Work-related Injuries

Through a case study this article argues that there is insufficient expression of women's will in the law and there is a gap between the constitutional principle and the actual situation of women's rights.

Twenty years ago a woman in her seventh month of pregnancy received an electric shock during her job. Although her wound was insignificant, the fetus was diagnosed with mental retardation of a third grade level. The woman filed a request with her unit for compensation for her work-related injury but to no avail. Inspired by another case that took place twenty years later, the woman filed suit again, and again lost her appeal. The legal system does not take enough account of damage to pregnant women, nor to fetuses. The cause is rooted in the assumption of men as ?legal persons,? and the law being based on the male's experiences. There is insufficient expression of women's will in the law. Cases of gender discrimination are difficult to pursue in court. There is a gap between the constitutional principle of men and women being equal and the actual situation of women's rights and interests.

How good is this research?
Assessing the quality of research can be a tricky business. This blog from our editor offers some tools and tips.
Read now

Related content

Document
Explaining low employment rates among older women in urban China
W. Jin / Institute for Fiscal Studies, London, 2017
In China, the employment rate among middle-aged and older urban residents is exceptionally low. For example, 27% of 55-64-year-old urban women were in work in 2013, compared to more than 50% in UK, Thailand and Philippines.
Document
Using social media for the prevention of violence against women: Lessons learned from social media communication campaigns to prevent violence against women in India, China and Viet Nam | Partners4Prevention
C Liou / Partners for Prevention, 2013
Using social media sites has become a part of the daily lives of millions of people. Based on lessons learned from the Partners for Prevention regional project ‘Engaging Young Men through Social Media for the Prevention of Violence against Women’, this publication offers an understanding of how to use social media as a tool to prevent violence against women.
Document
Gender patterns and value of unpaid work: findings from China's first large-scale time use survey
X. Dong, X. An / United Nations Research Institute for Social Development, 2012
In 2008, the first large-scale time-use survey (TUS) was carried out across China. This paper, produced by the United Nations Research Institute for Social Development, analyses the TUS data collected, describing the gender patterns across three different types of activity: paid work, unpaid work, and non-work activity.
Document
Website: Parched Homes: A multimedia exploration of Domestic Violence against women in China
2013
Combatting domestic violence is at the heart of the struggle to equalise gender rights. Despite the fact that Taiwan and Hong Kong have enacted laws preventing spousal violence, mainland China has no national legislation to protect victims of abuse and bring perpetrators to justice. Family issues or intimate relations are regarded as private issues.
Document
Gender, Politics and the State
V. Randall (ed), G. Waylen (ed) / Routledge, 1998
Over the last two decades our understanding of the relationship between gender, politics and the state has been transformed - this volume provides an overview of this dynamic and growing field. We need to broaden the field of politics to include activities often undertaken by women which fall outside the boundaries of conventional politics and, therefore, not usually considered 'political'.

Eldis

Gender Blindnessand Gender Discrimination in the Law on Work-related Injuries