EQUALITY AND THE LAW.

          Equality refers to the state where by both the male and female gender are given equal chances to access to opportunities and resources. There have been many efforts which have been put forward to ensure that both the male and female gender get equal treatment .Women are still getting disadvantaged despite those efforts. This is evident where women are left to perform all domestic cores, cannot access well-paying jobs and sometimes not allowed to vie for political seats. This has affected the economic political and religious development of many countries.

          In 1990, there were some strategies which were put forward in order to evaluate countries gender equality. Those strategies were to evaluate the equality in almost 12 countries .The gender equality was set was to examine equality in social economic, health household and political practices. Between the years 150 to 2003 a positive progressive gender equality was noticed. Although that was identified but no country was found to have total gender equality. A hypothesis by Goldin 'quiet revolution' to test and explain the issue of gender equality failed to give a detailed information about gender equality.

      The countries history economic characteristics are the one which brings about the issue of gender equality. Mary Wollstonecraft, A Vindication of the women rights (1792) argued that the equality should not involve the practices of women having power over men women's should have power over themselves. In the year 1792 Mary Wollostonecraft set out principles to ensure that women get the same treatment as men. This included that women are educated the same as men and women should be evaluated on their advantages and not what their male partners have achieved. 

         In the last 200 years a great change has been evident in so many activities that needs gender equality. Women rights have been recognized and many laws have been set to ensure that the female gender is not oppressed. Female gender all over the world have been given equal chances the same as the male gender to get educated. Women everywhere have got all the chances to live as man can also out do them, this is according to world bank2011.Despite the many efforts which have been put forward to fight for gender equality this has not been fully attained this is evident where by in the world parliamentary seat only 23 percent seats are occupied by men the other 77 percent is occupied by men.

           Here you find that not even the quarter of women are given the chance to get the parliamentary seats. Another incidence is evident the third world countries where you find girls under 18 years of age are married. This is according to research by International center for women 2014.An organization known as Organization for Economic Co-operation and Development 2015, highlighted that in the sixty-eight countries the gender equality to access to primary school education is not balanced.

       In jobs, women have ventured into them but they are placed in informal sectors where they work a lot the security is not enough the payments are low. Women have also been exposed to inequality in terms of instructional treatment. In 2002 millions of women were denied access to, medical resources and that resulted too many deaths (Klasen and Wink 2002).The issue of gender equality is very instrumental important. Law makers and scholars have now started to view gender equality in a positive perspective.

        This is because gender inequality has brought about development in so many countries in the world. Strauss and Thomas 1995; Currie and Moretti 2003, they said that increasing the chances for women to access all types of resources and participate in political matters it will improve booths gender education. It also reduces corruption in the government this is according to Dollar , Cisman and Gatti 2001.Balanced gender equality will also result to economic growth (Klasen and Lamanna 2009).

     Various measures have been put forward to weigh the issue of gender equality globally. Since gender equality is a multifaceted concept according to Sen 1990, is it measured by using multiple indicators. There is no a single measure which can be used since the issue of gender equality has a broad coverage. Using of multiple indicators it shows that a country has attained balanced equality. For equality to be measured accurately multiple factors concerning a countries performance have to be compared. 

           Data should be collected in the very many aspects, combined together estimated accurately in order to achieve desired results. This gives an overall measure of equality measure in a country at national level. The use of multiple indictors has led to introduction of numerous measures. Among those measure we have the united development Programmed (Ump) Gender Related Development Index (GDI) and Gender Empowerment Measure (GEM). All those were introduced in the year 1995 to evaluate the issue of gender equality for development.

          There have been so many criticisms in response to united nationals measure. This has resulted to forming of more indices of gender inequality. This was argued by Klasen and Schuler in the year 2001. This indices include the African Gender status index, Social Watches Gender equality index, Worlds Economic Forums Global Gender Gap Index and the Women's Economic Opportunity Index. Though all those indices were put forward the lack historical background. The first index started in the year 1995, the GDI, which was later replaced in the year 2010 by Gender inequality index by Klasen 2006. Due to this it has been of little importance to use this indices in the measure to equality. This has raised so many questions. Some of this questions include how does the status of women relate to those of men? What is the appropriate status to measure shifts?

        To have a long term perspective multi reasons have to be put in place. In all cases we find that gender relations have an historical background According to Alberto F. Alesina , Paola Giuliano , and Nathan Nunn 2013  argued that  the present gender inequalities practices  is influenced by the practices of the first .You find that in the past the agricultural practices women participation was minimal. Most men participated in those agricultural practices such as ploughing and this indicated that there was lasso's equal gender norms. This historical information should be used to evaluate the origin of these inequalities.

        From there remedies are to be suggested on how to overcome and climate this instances of inequalities. These data is also important to relate it to theories which have been put in place to explain the origin of this inequalities and the issues of development. This were put forward by Boserup in1970; Humphries in 1993; Goldin in 1995; Eastin and Prakash in2013. Doepke, Tertilt and Voena 2012 put forward that those data may be used to evaluate the direction causality and link it to development and empowerment of women. 

        Some recent literature which have been put forward tries to give a long term perceptive about the gender equality .It has been I identified and put down by Shawn F.Dorius and Glenn Firebaugh(2010) that there have been a global decline of gender inequality in matter concerning health politics education and economic activities from the year 1960 and onwards In 1995 the Human Development Report (UNDP 1995) calculated the GDI of the year 1970 and compared it to that of the year 1992. The recent reports aby the word bank (2011 and 2014) tries to examine and make comparison among the countries that are making efforts to attain gender equality balance and those which are experiencing gender equality.

       The paper tries to introduce the Historical Gender Equality Index (HGEI) covering various area of gender equality from the year 150 onwards. From our understanding (HGEI) I was the first index long term index which could allow for comparisons in the whole world the areas which were covered by this included the measure gap   between genders. It tried to eliminate the achievements which are made by each of the two genders. The index reported a progress in gender equality, even in those countries where there were completely no such practices, the progress was intense.

           Those countries which showed a great progressive change included the countries in the Middle East and North America, the Sub-Saharan African and in South Asia. Despite the progressive changes there was no a point where by the male and female had come to equal levels.

          Practices of gender inequalities are practiced in every part of the world even to date. However the nature of this inequalities is not uniform. In some countries like Scandinavian countries the issue of gender equality cannot be compared to those of the countries like Yemen and Jordan. In Scandinavian they are ranked at the top to have a balanced gender equality while the latter Yemen and Jordan are ranked the last since have very greater practices of gender inequality. In the world today areas in which women face gender equality vary from country to country.

             For instance in China those gender inequalities are practiced in skewed sex ratio leading to favoring of the boy child. In other countries like Rwanda women from certain communities are denied the rights to vie for some parliamentary seats. Without consulting the past practices it is hard to determine whether those differences began in the present or they were there before. Carmichael,Dilli, and Rijpma 2014, explained that it is hard to determine whether those gender inequalities existed because most men outlive men today.

         Therefore, short term perspective are excluded in determining that feature. In the year 1995, Scandinavia observed that in countries like Rwanda the presentation of women in parliament was allowed and they were ranked at the top in matters concerning politics. There was also a change in China were vin the 1980s whereby the matter of one child policy of sex  girls was done away with and the policy of one child for missing girls was observed. This was put into account by the World Bank 2011. In the past very few women were allowed to inherit property, but in the world today any of the gender is obliged to own property except for some countries in the Sub-Saharan African countries.

           Apart from that we have another motivation to use historical approach to evaluate the relationship which exists between the gender equality and the development of the economy. The introduction of industries was assumed to benefit booth gender  according to Goode 1963, but other scholars like Goldin 1995; Horreal and Humpries 1995 observed that the introduction of industries  the male gender was favored by them being the being given the most chances to participate in England. Scholar Claudia Goldin in the in year 2006 agreed that women participation in jobs in the industries in1930-1950 was due to increased work which men could not handle alone, and this could not be observed without using the time series data. In 2011, Laureal Bossen et al noticed that most textiles produced in the industries replaced the ones which were produced domestically since the household work by women was in question.

       Alesina , Giuliano ,Nunn 2013; World Bank 2014 argued that omens position may be determined by norms and values which are persistent in them over a long period of time instead of looking at what development they have made. This is evident in countries like Northwestern Europe were by quite a good number of women had ventured into business even before the revolution of industry, when the country's was at low economic status. This all was found out by Horreal and Humphries 1995; De Moor and van Zanden 2010.Controlling of the economic and political development, scholars such as Boris Branisa ,Stephan Klasen , and Maria Ziegler in 2003 found out that the study of cross –country after the year 2009 institutions whereby there is a lot of discrimination, lower education levels, higher fertility and child mortality rates have been evident. Htun and Weldon 2011 wrote that the disadvantages which are experienced by women in North America were as a result of cultural and religious practices and also the laws which were governing marriage and inheritance of property. 

        Some practices such as polygamy has resulted into negative health outcomes. This has been evident in the Sub-Saharan African countries by STI;Bove and Valeggia in 2009 were many women have been depressed and have conducted the sexually transmitted diseases. Things all brings out clearly that denying women their rights and not being treated equally brings about long term effects which sometimes it is not easy to overcome them.

         Feminist legal is believed to place women in lower positions in the community therefore exposing them to discrimination, by law unlike their counterpart's men. Feminist legal is broadly divided into two categories: firstly it explain how the rule of law has actually played part in putting women in lower positions, according to law, by lowering their status. The 2nd approach tries to bring revolution by changing law and by putting women in a better position and raising their status in the community, broadly it focuses on elimination of gender discrimination, by proving that women deserve a better position in the community like their counter part men.

        Many of the revolutionist and gender advocates have set plans, to change the social status of women. Through pushing for amendment of law acts in their respective communities. Many human activist have played a major role in pioneering changes on how women are treated by the law. Through the success of some great revolutionist the status of women, have greatly improved in comparison to the olden days. In the past for example women were not allowed to hold some position in offices as they were believed to be less productive as compared to men. Employment discrimination, ownership of properties and other major human rights were infringed to women. Women could not run business in the past on their own and as a result they were denied financial independence. The success of these gender advocates is evident in the society and even have proved that women can equal men in production.

          Success of these gender advocates have not only been seen in financial intermediation but also it's evident in leadership. Women empowerment and non-discrimination has proved as an efficient tool in poverty eradication and saving homes from conflicts. Through this revolution financial intermediation by banks, has allowed women to borrow loans and also the occurrence of small microfinance institution supporting women and giving them financial intermediation, through education.

       Women in leadership has also been as a result of change in the feminist legal where in the past women were seen unsuitable to certain office jobs. Law held women from occupying certain positions in office. This has been abolished and has led to the raise of women in office and also in politics. In accordance to the first feminist  approach , which explains  how the law has played a vital role in lowering the  status  of women, we realize that progress of women  would not only be deemed by  other factors but  also law could actually work as a limiting factor to their success.

       The foundation of women feminist has also played a successive role in eradicating sexual abuse, it's through imposition of fines and remedies that have led to a successive reduction of sexual abuse in office and in the public in general. This has led to Changing the community, view about women and their status.  Legal amendments have also played a major role in raising the status of women and the improvement of the community in general.

          In the past years there have been several attempts to change law affecting women. Rights of women were denied and there was no equality before the law. Incidences of sex discrimination, assault of women in public, were a major occurrence in the19th century. Great scholars did not only focus on the issue of sexual discrimination but also discrimination in employment contract. Where women were discriminated in employment opportunities, women also in the 19th century were not allowed to practice their voting rights and also had limited rights to property ownership. This was an issue of discrimination which was in the community.

         In the 19th century   there was formation of women movement group which were established to consider and bring the legal change in the law. It is because of this movement there is a success in the abolishment of women discrimination and a reform which would include women in the voting process.  Various movement and efforts revolved around women rights. Conferences and meetings were held where, teachers in the school of law and student played a vital role in identifying   circumstances in which women rights were infringed. 

       Conferences and meetings  also played a major role in resolving the issue, by having  a legal framework to change on ,pregnancy  at the work place, security of women and equal consideration by the law all this laid a foundation to the feminist theory. Many scholars and women writers wrote various books and articles to raise the concern of sexual harassment of working women this articles discouraged and showed the effect of this vices at the work places and the community at large.

       Moreover female fight towards discrimination and equity, is demonstrated by the worldwide creation of awareness, women groups, lawyers, activist and other determined scholars in the world have promoted women, through empowerment and raise of alarm whenever their rights are infringed. Celebration and marking of certain days to commemorate women also is a great achievement towards promotion of equality to all. Companies have also shown a great response by avoiding women discrimination and also appreciating the difference between women and men. Pregnancy leave, breastfeeding rooms and daycares have been set out to make sure that no woman is discriminated due to the motherhood responsibilities. Formation of bodies that promote women rights and reduce discrimination have played equally an important role in making the society aware that women are equally productive like men.

           The raise of feminist theory branches more and focuses on equality of women, where women should be treated equally as men, this is through the democratic view in which democracy is believed to treat people equally not subjecting them to discrimination. This gives raise to the equality theory where nobody should be discriminated because of gender, race nor sex

The success for the fight against women discrimination continues by taking into account the differences between men and women. This is put into account by putting into consideration, some women features and characteristics. Pregnancy and motherhood are seen to be some of the factors putting women at a disadvantage, therefore there was an establishment of pregnancy leave and motherhood cores such as breastfeeding in the work place. 

         The scholars further pushed for an amendment of the constitution to have pregnancy discrimination act, as a sex discrimination act, which was imposed never to discriminate a woman because she is pregnant, while considering employment opportunities. Furthermore the legal perspective of law is brought to account on the dangers and effects of violence, it brings out the effect of domestic violence to women in homes, and address the issue of male dominance and effects of inferiority of women in homes and the community at large. This include remedies on brutal beatings, rape and other harassment affecting women. 

        The law have been amended to take account that women may be discriminated in their homes and the community in large. Promotion of women to study law as their counterparts, has been also been a milestone marking the success of feminist legal. Women have greatly promoted legal professionalism of other women to study law greatly. Some of the schools in 19th century actually did not embrace the fact that women should study law like their counterparts , this called for formation of an anti-discrimination  body to ensure no school which discriminated female on educational matter, this furthermore undermine the law of equality.  In 1970s this was reformed by passing a rule that action would be taken to school which discriminated women who were studying and wishing to study law.

     Canadian feminist group similarly adopted a way to fight for women rights which involved raising the status of women by enabling them to own property. This was done by increasing their rights on property ownership. Also it focused on female access to education, and women to be treated equally as men by the law. The idea was psyched by the fact that women are more responsible in parenting and at large caring of the community.

           Moreover women work in the missionary activities and charity work catalyzed feminist legal as women were seen to be the civilizing force in Canada. Denial of voting rights raised concern as women were not allowed to participate in choosing of leaders. These was an infringement of rights since according to human rights everyone has a right to elect a leader of his choice. The raise of the 2nd world war had a great impact on women feminism as the they had to take on leadership and other roles as men war at war.

 However women were rejected in missionary groups in Canada. Some of the women who wished to join the missionary societies were discriminated and these lead to the formation of women groups which contributed funds to sponsor some of their own in the missionary school. Some of them actually formed mission schools which not only provided education but also employment. Hence through religious movement   women were able to change the society socially. The revolution actually was marked by presence of training institution in which women could acquire basic skills.

       In the early 1990s the wake of women began by several women advocating for women to be incorporated as persons in the law of persons. Some of the parts of constitution by then did not recognize women, even for leadership position. As change continued the 2nd regime about women focused on equality in everything. Women wanted to be equally considered as the male, in everything they did. Differences in men and women were to be similarly considered, the fact that women could get pregnant was also an issue to be considered.  

In the 1930s women were discriminated in the labor force some of the women who were married and pregnant could not be recruited in the labor force. As the industries continually need of  more  workers in the workforce , women advocated for   setting up for nurseries school and daycare where women with babies could take care of the babies and do  work. In the 1970s revolution towards gender equity in Canada had taken another course in such that women fought for their rights exclusively in an educational approach. 

They empowered students to advocate for rights such as equity before the law and organized campaigns against violence to women in homes and the community also they wanted daycares in working places and also equal remuneration as men. Various committee were   formed to express women interest and also discourage discrimination based on gender race and even religion. The committee were also aimed to equal remuneration of work of some value through demonstrations and mobilization. 1n 1980s women's demand for equal pay was considered.

 However some of the retrogressive cultures in the society were not addressed despite of the mighty conquest of women against discrimination, sexual harassment and consideration of their status in the community. Therefore it was agreed that some practices such as female genital mutilation was not in accordance to the human rights. Some of the young ladies suffered the negative consequences of this act worldwide and therefore it was necessary to curb the culture by and classifying it as a criminal activity which should be punishable by law. 

The Canadian feminist group were a success due to the corporation of various sectors which included religion, education and the labor force.  These bodies effectively   cooperated to each other to aid in achieving amending the legal position of the law about females... Mobilizing of people and their collaboration effectively resolved the issue of discrimination and also the ability to   work to a common goal, made they strategies of countering discrimination be a success

Presences of educated scholars and their willingness to prove the society wrong, also made their strategies a success. Women were determined to end infringement of their rights and raise their status in the community by proving they were equally gifted like men. They pulled resources together and even sponsored women of their own to mission colleges and also learning institution gender equality work with a quantitative perspective implies a focus on an even distribution of women and men in the workplace, in schools, in power positions and at different organizational levels in community institutions. An equal gender distribution is said to occur when the balance between women and men in a group is at least 40/60. Quantitative gender equality work also concerns resources and indicate that women and men should enjoy the same financial resources in a given field. Thus, it concerns matters that can be counted and measured using gendered statistics. 

There have been also qualitative gender equality where by work the policy focuses on both male and female. It focuses more on the attitudes values norms and all circumstances which may affect women and men in schools in politics and in all other areas which involves works by both genders.

This qualitative gender equality focus more on situations which may not be affected by the operation of a male a female gender. It calls for a crucial approach including careful examination   of the perspectives which exist between men and women and should undertake as it is instructed.

There women and men should be created equal, be it in social economic activities in politics and in schools. This is because in some cases you find out that the famine gender has got a greater ability to perform a particular and yield positive results than when it is performed by a masculine gender. Through this we will end up having greater developments in each and every sector of the country's operation and the world as a whole.

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