Gender discrimination: concept, legal definition, article, punishment and legal advice

Gender discrimination is called sexism or gender preference. This means the division of people into men and women, the manifestation of bias, antipathy, negativity in one sex to another. This ideological orientation is rooted in social practice supported by the patriarchy. This phenomenon is quite common in the world, even in relatively democratic, egalitarian countries.

gender discrimination

Historical Review

When a discussion about gender discrimination begins, most often only women are meant, they are considered weaker sex in relation to men. This concept comes from ancient times, if we take into account the statements of philosophers and religious figures.

Socrates in his writings argued: "What a blessing to be born a man, not a woman!" Although Plato said that there is nothing wrong if the state will be governed by a woman, intelligent and talented.

Religious politicians doubted gender equality, covering up the violation of rights by lack of soul in the second half of humanity - these creatures, although they belong to the animal kingdom, do not belong to the human race. Ancient theological works reflect the attitude to a woman as an inferior subject.

Currently, gender inequality is replaced by the expression - the struggle for equality between the sexes. Scientists have defined sex discrimination as limited, infringed on human rights, freedoms, and the dignity of his dignity. A specific gender is not emphasized here; sociologists had in mind all people.

gender discrimination

What hides sexism

By sexism, one should understand the biased attitude of one person to another, which differs from him in biological parameters. It should be understood that a person gains sex from birth. Gender preferences are manifested under the influence of the environment of his upbringing, the society in which he grew up and socially developed.

Sexism is expressed in gender discrimination:

  • underlined antipathy to humans;
  • violence in his field of activity;
  • preference for hiring;
  • level of growth on the career ladder.

Often beliefs appear in the professional field that this particular species has become famous:

  • mind;
  • talent
  • by force.

Often an abandoned wife can endow all men with the same epithets. A deceived husband speak out about the existence of low social responsibility for all women. This proves that the presence of gender discrimination is seen on both sides of the human race.

What are the reasons for the occurrence?

A person can contrast, exalt himself over the other sex due to ethnic, religious stereotypes. The reasons lie in the prejudices on which he was brought up. Religious texts, various interpretations in the scriptures indicate the framework of individual behavior. That is why in many countries gender discrimination is manifested - in the prejudice that a woman is a lower being and subhuman.

Subjective reasons include features:

  1. Male and female chauvinism.
  2. An authoritarian style of educational methods.
  3. The assimilation of a specific family model in childhood, belonging to the leadership of one of the members. The inequality procedure is especially observed in single-parent families, when one mother or father remains and enforces the child’s mind with his priorities.
  4. Suggestion to children about the decency and depravity that are present in all individuals of the opposite sex.

Sex discrimination in some families begins in childhood. A child from an early age sees how his father relates to his mother, with what words he calls and addresses. He will fix this model of behavior in the mind. The opposite resonance may occur: the boy will understand how not to behave, and the girl, instead of eternal humility, will hate the opposite sex.

Gender Equality

Signs of Inequality

Discrimination of women on the basis of sex is recognized by their attitude to her:

  • belief in the mental superiority of men;
  • faith in iron logic and unappreciable;
  • indecent jokes that explicitly or covertly belittle dignity;
  • reduced abilities in various achievements, allegedly due to lack of talent.

Negative behavior in society can manifest itself with signs of infringement of rights, regardless of the biological affiliation of a person:

  • biased attitude towards success;
  • aggressive attitude in case of disagreement with the point of view;
  • emotional blackmail;
  • dominance in the management of various processes.

The presence in society of one of the listed signs proves its limitations, where there is no respect in relations. Time has branded sexism, calling it prejudice in the course of historical processes, this does not mean that they are eradicated in the modern world.

Legislative level and punishment

In Russian legislation there is such a thing as gender discrimination. Article 5.62 of the Code of Administrative Offenses of the Russian Federation establishes the main provisions, and similar behavior is condemned by administrative penalties. The amount of fines depends on the status of the offender. The act gives an explanation of what is considered an infringement of the legitimate interests of citizens if discrimination occurs on their basis:

  • national;
  • language;
  • sexual;
  • racial;
  • family;
  • social;
  • official;
  • age;
  • religious;
  • skin color.

The objects of offenses include the rights of citizens based on the universal principle of equality, which the Constitution of the Russian Federation guarantees.

gender discrimination article

Punishment for gender discrimination and legal advice

According to Art. 19 of the Constitution of the Russian Federation, the state guarantees the equality of rights and freedoms of man and citizen regardless of gender, race, nationality, language, origin, property and official position, place of residence, religion, beliefs, membership in public associations, or other circumstances. Any form of restricting the rights of citizens on the grounds indicated is prohibited. A man and a woman have equal rights and freedoms and equal opportunities for their implementation.

What types of inequality?

Female discrimination as a phenomenon is detailed in the second generation feminist movement. The term “sexism” originates from here in accordance with the concept of “racism”, where scientists and writers argue that human rights should not be linked to gender. But do not forget the biological differences between people, which determine their vital functions. The uniqueness of both sexes lies in their functionality. Women are given to give birth and bear children, the masculine gender gives the seed to continue life. Do not belittle their importance in childbearing, create on this basis discrimination against men by gender.

In the world there are different types and classifications of infringement of citizens' rights:

  • hostile, aggressive, directly degrading a person;
  • benevolent, emphasizing female weakness, weakness, to highlight the strength of other representatives;
  • internal, where women adhere to the patriarchal system in the country as true, with the condemnation of other behaviors with career growth in work that do not aspire to a family, for them freedom is more important.
  • religious - some religions do not allow women to go to temples all the days, to cross the forbidden features for them in the prayer building.
  • institutional - standards established by politics, healthcare, education, law enforcement agencies.

In the structure of each state there is one form or another of inequality. Not one generation will be able to completely get rid of discrimination, no matter how technical progress develops, views on many things do not change, and laws for violations are toughened. The law of nature, where the strongest wins, leads the development of society.

Who do employers prefer?

The most common manifestation is gender discrimination. Typical sexism shows the attitude of superiors to their subordinates if they voluntarily or not humiliate the opposite sex with their behavior.

Actions reflect:

  • career growth, preferring only by gender;
  • salary in the same specialty and effort spent when the rates of one are higher than the other;
  • questions at the interview are more pretentious for women, as the employer cares about their marital status, the presence of children and the onset of future pregnancies;
  • age restrictions.

Many managers want to see young and beautiful faces in their office or at the store counter, pushing aside experience and skills.

At this stage, it is not necessary to classify sexual harassment in the workplace on the part of the authorities as discrimination in work by gender, as these are crimes of a criminal nature.

gender discrimination

Military service

Whether or not women are degraded by not demanding to serve in the army is a moot point. Perhaps, with this step, the Government shows a peculiar concern for the mother. Defending the homeland has always been an honor. It is not worth mentioning the difficulties of life in the Armed Forces, the lack of desire of young people to give their debt.

This is not so, the young man is proud of the years spent in the performance of his duty. A girl, if she wishes, can, both with epaulettes and without a military rank, get a civilian employee in a unit and help men with hard work.

Retirement benefits

There is significant disparity in retirement periods. There are complaints from men that grandmothers live longer than grandfathers and leave work earlier by 5 years. You should look for the reason for the decrease in life expectancy. Maybe the secret is hidden in the environment, excessive love for strong drinks and other charms that relate to organ destroyers?

If a strong gender thinks that in this way their dignity is infringed, then most men are among the legislators. Let them ask themselves about discrimination in this matter.

Gender discrimination

Family status

Men are also offended by fate. In a divorce, the court in most cases is on the mother’s side, gives her children, and equally shares the acquired property. Fathers are deprived of control over child support, it is believed that all funds go to the education of offspring. The ability to negotiate has not been canceled, to stay in good relations - too. Then there will be no problems in education and a generation will grow up without prejudice.

What can be a violation of the rights of a mother or father when the law puts the child at the forefront? The state seeks to educate a decent society. Children can become such only in a safe environment, without scandals, drunkenness and in abundance.

The judge listens to all parties, and if it is revealed that the woman will not be able to support the child, leads an immoral lifestyle - no one will entrust her education. So equality depends on the consideration of history by the court, how much humiliation a woman suffered during marriage, whether there were beatings in front of children.

Level of punishment

Women are not sentenced to life sentences. For criminals, men for the same violations are sentenced more severely than lawbreakers. It is believed that the judicial system in the Russian Federation belongs to the most discriminatory factor by gender.

Men are harder to be kept behind bars; it is more difficult for them to get ahead of schedule. Mothers can postpone the sentence in the presence of young children until they come of age.

gender discrimination

Can sexism be eradicated and how to deal with it?

Legal scholars argue about methods to combat gender inequality. The difficulty in eradicating the negative phenomenon lies in the population’s habit of stereotyping. The weak side expects that the husband, as a strong person, will provide her, many do not try to provide financial assistance, they believe that it is enough to keep the house and its inhabitants clean. It is possible to overcome inequality only at the legislative level, to prove in court damage to one’s interests and rights.

What if you become a victim of discrimination? In this regard, lawyers give some advice:

  • Try to fix a violation of your rights and freedoms. For example, if you are not hired, get a written refusal or make a video where you are humiliated, based only on gender. The presence of such evidence will help prove the offender’s guilt.
  • You must immediately contact the law enforcement authorities and be sure to draw up a statement so that they can deal with your case.
  • If your appeal was ignored, then contact the higher authorities.


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