The twentieth century is the era of industrialization, characterized by the struggle of women for their rights, the emergence of general education (albeit initially separate in form), the “performing” of male functions by women, the emergence of new professions and the modernization of old ones, which are successfully mastered by women.
As a result, there are more and more women who are successful in traditionally “male” fields of activity - politics, law, economics.
The process of changing the social roles of men and women connected a number of contradictions. The contradiction lies in the intersection of several lines of human development.
The contradiction lies in the intersection of several lines of human development:
Biological characteristics of the sexes that lead to functional and psychological differences;
Historical social inequality;
Socio-economic development, ensuring the social realization of women;
Feminism, sexism as extreme manifestations of women’s struggle for equality and their social place;
The global situation of socio-economic changes that create new opportunities for men and women and at the same time require greater resources, potential, and opportunities from the individual;
Constantly increasing instability of family relationships (number of divorces);
Declared equality of men and women;
Stereotypical ideas “about the rights and responsibilities” of different sexes, caused by traditional and psychophysiological differences;
Really existing dissimilarity and complementarity of men and women.
The solution to these problems depends on us, modern youth. Will we be able to get rid of gender role stereotypes and ensure successful social interaction between men and women in society.
The traditional role of a man is the breadwinner of the family, and the woman is the keeper of the hearth. However, due to major structural changes in society, this distribution of roles may change to a slight or very significant extent. This is what happened in Russia: women gradually and due to various circumstances took on male roles in addition to their own. Historically, these metamorphoses took place in five stages.
The first stage is the end of the 19th century and the beginning of the 20th century. , when the rapid development of industry pushed huge masses of peasants out of the village and they went to waste industries. Otkhodnichestvo is a search for temporary work in cities and industrial centers. For a long time, the woman remained the real mistress of the house. She had to take on a significant part of men's work, including repair and construction. Thus, little by little, a non-traditional type of strong, independent, and later business woman began to emerge in Russia.
The second stage is Stalin's industrialization of the 30s. The extensive development of the national economy and the construction of a huge number of industrial facilities have increased the need for labor. But there was clearly not enough male labor. Unskilled female workers are actively being drawn into the economy. The state made appropriate ideological adjustments: women and men were equal in almost all rights. In other words, the division into purely male and purely female social roles was eliminated. Production and professional roles became available to women in large numbers. A new touch of the liberated wife of a proletarian is added to the old image of the otkhodnik’s wife.
The third stage is the Great Patriotic War and the post-war revival of the national economy. Huge losses of the male population of Russia at the fronts led to the fact that women in large numbers began to replace retired men in purely male, often physically difficult, jobs. From the main, or at least equal to man, subject of socialist construction, the Russian woman is turning into the main subject of the post-war economic revival. And besides, as a teacher of a huge army of children and teenagers who lost their fathers at the front. And all this fell on the lot of single mothers - the largest category of the post-war era.
In the peaceful years that followed, the social fate of Russian women was not entirely successful. Although over time the gender and age structure of the country's population has leveled out, its social role structure has become deformed. In other words, the man performed mainly production roles, and the woman performed both production and family roles. The divorce rate has increased when the child remains with the mother, which inevitably pushes the woman to “make a career.” The era of developed socialism - the fourth stage in the development of the muscular type of woman - added new features to the social portrait of Russian women. They were determined based on the high level of divorce, mass alcoholism of men, their passivity in helping women with housework and, finally, low wages for men, which doomed the Russian family to the so-called two-career and two-breadwinner family model.
The fifth stage has come recently in connection with the transition to market conditions. Major structural changes in the economy led to the ruin of entire sectors of the economy that were once prosperous. Male breadwinners, especially those from the financially secure defense sector, have either partially or completely lost their earnings. Unemployment affected women to an even greater extent. In new, more stringent socio-economic conditions, a new type of woman is being formed: traditional gentleness and the optimism inherent in her disappear, their place is taken by harshness, authoritarianism, overprotection of children, the desire to compete in business with men on an equal basis, and even greater imitation of muscular patterns of behavior. , including demonstrative smoking, the use of obscene expressions, emphasized rudeness and rudeness in treatment, the cult of power and money, love for money.
If the process of changing social roles existed constantly, then what is its peculiarity in our time? Where is the process going now?
Three main forecasts are possible: “War of the sexes”, “Return to patriarchy”, “Women’s and men’s mentalities as general cultural ones”.
Two extreme forecasts could be a harsh confrontation between men and women (“War of the Sexes”) and a division of female and male social roles in the image of traditional society (“Return to Patriarchy”). But in modern society this is unlikely. The third forecast option is most favorable for modern society.
“War of the Sexes” “Return to Patriarchy” “Double Mentality”
Social sphere (family) Absent Domostroy Complementary interaction between men and women
Education Separate for boys and girls, Only for boys Coeducational education and at the same time, however, essentially male (i.e., different, ensuring adequate as at present) gender and age development
Human psychology Aggression, clannishness, distrust. In men, fear of not being able to cope with Adequate gender identification, dissatisfaction with responsibility. Among women -
low self-esteem, manifestation
"domestic feminism"
Politics The emergence of “diverse” states. Territorial - economic cooperation
The struggle of states for gender confrontation between states regime
Right Sex discrimination Discrimination against women Equal rights
Science Absent No fundamental changes Fundamentally new turns, discoveries, visions, especially in the humanities and biology
Conditions under which a favorable prognosis may occur should include:
Thus, we can say that the tendency (direction) of this process is the emergence of a dual (female and male) mentality in culture.
This means that a person's social success will depend on the degree to which he develops a dual mentality and the ability to interact with the other sex.
Chapter 2. The emergence of a dual mentality in culture is a trend in modern society.
2. 1. The process of changing gender role stereotypes of women and men in society.
Historically, men have played a leading role in public life. It is they who are characterized by the fulfillment of the most important social roles. Let's look at some of them.
The role of the employee, the creator of basic material assets.
The role of the leader, organizer, politician.
The role of the defender of the Fatherland.
Perhaps the most important social role of a man is to be a husband and father.
It was believed that the ability to manage, to be an intelligent and educated person, to have self-control - all this is inherent only to men. It is generally accepted that strength is a distinctive feature of men.
However, there are many examples showing that women throughout human history have coped with leadership functions just as well as men.
History is full of great women. There are countless queens and empresses alone. Some of them still enjoy enormous authority among their subjects, for example, the Queen of England.
One of the largest empires was ruled by Catherine the Second. She controlled the destinies of millions. Corresponding with great thinkers, she simultaneously showed herself to be a cruel tyrant: she waged useless wars and shot her opponents.
Modern society has created new opportunities for women's social fulfillment.
Women successfully cope with the role of leader, organizer, and politician.
Women head the governments of some countries - Germany, Finland, Latvia. Including those where traditionally a woman was considered a second-class citizen - in India, Bangladesh, Turkey, Liberia and other countries
As for Western countries, for the first time in the history of Austria, the Ministry of Internal Affairs was headed by a 63-year-old woman, Lise Prokop, who had previously worked in the government of the state of Nith-Austria. American women are becoming increasingly involved in politics. Washington State will be represented for the first time by (black) Twain Moore. One of the main political intrigues of New York, which was recognized as the most popular US politician in 2003.
There are 14 senators, 49 members of the lower house of Congress, and 8 female governors in the United States. The US Secretary of State is also a woman - Condoleezza Rice. The leader of the US Democratic Party is Hilary Clinton.
Prime Minister of Ukraine - Yulia Tymoshenko.
Also worthy of attention are major political leaders of Russia - Irina Khakamada, Oksana Dimitrieva, Elena Drapeko, Valentina Matvienko, Valeria Novodvorskaya. There is a public movement “Women of Russia”; the leader of the all-Russian movement “Hope of Russia” is Tatyana Savinko. Mayor of the city of St. Petersburg - Valentina Matvienko. Mayor of Uglich - E. Sheremetyeva.
More and more women leaders have begun to appear in the Russian economy. In the Tver region, 5T workers are mostly women, successful managers - Natalya Kurnavina, Tatyana Andreeva, Valentina Abramova, Lidiya Pavlova, Anna Sharinova. Veronica Borovin was recognized as the most successful business lady in Russia - Lilchevskaya - President of the Media Holding company Top Secret. Olga Dergunova, President of Microsoft in Russia and the CIS, was included in the global list of business leaders in 2004.
The process of changing the social roles of men and women has currently led to a number of contradictions. The global situation of socio-economic changes has created new opportunities for men and women and at the same time requires greater resources, potential, and opportunities from the individual. In a market economy, an employee must have such qualities as individual responsibility. Activity, initiative, rationalism, etc.
Man and woman. Who is better? (in%) opinion poll
the best parents the best workers the best managers
5 men 14 men 36 men
34 women 20 women 12 women
59 equally 64 equally 49 equally
2 difficult to answer 2 difficult to answer 3 difficult to answer
At the same time, the current economic situation in Russia has led to many men taking on the role of “mother and housewife,” while their wives took up careers and businesses. Many women in Russia work several jobs and support their families, while some men were affected by the economic crisis: having lost their jobs in their specialty for various reasons, they were unable to adapt to new conditions, find a different field of activity, another job, at best. they take care of the house, children, and at worst, become passive.
Stereotypical ideas “about the rights and responsibilities” of different sexes continue to exist, caused by traditional and psychophysiological differences.
Traditional views on gender relations remain very influential in our society. In reality, many people still prefer to deal with men.
“Unfortunately, here (the city of Kanash and the Kanashsky district), as everywhere else in Russia, the number of unemployed women predominates. In percentage terms, it ranges from 70 to 80 percent. Moreover, women’s wages are 6 percent lower than men’s.”
There are few women in Russian business. “Over the course of 1999-2004, specialists from the State University - Higher School of Economics processed media reports about the resignations and appointments of top managers. During the period under review, only every 10th appointment was to the fair sex, notes Sergei Roshchin, one of the authors of the study, head of the department of the Faculty of Economics of the State University - Higher School of Economics. There are thousands of Russian managers included in the professional reputation rating, which has been compiled since 2002. Russian Managers Association, in 2004 only 6% were women.”
Such a violation of the gender stereotype is not accidental and has roots in the peculiarities of our culture. The proclaimed orientation towards social equality of men and women leads to this. That they are being prepared for a very similar path in life: regardless of gender, everyone needs to get an education and work; for a woman, the family acts only as an “additional” sphere of fulfillment. At the same time, in our society traditional views on gender relations as hierarchical remain very influential, therefore both the people around us and various circumstances (preferential admission of boys to higher education institutions, to work, etc.) constantly remind us of the advantages of men. This situation stimulates the development of the following qualities in women: competitiveness, desire for dominance, hyperactivity.
We conducted a social survey among female students aged 16 to 20 years old “Your chances of emancipation.”
Before using the term “emancipation”, let us define it based on the root meaning of the word. In Latin, the word “emancipare” means: 1) to free a son from his father’s authority and thereby declare him independent.
2) formally refuse something, alienate, yield.
The root of the word “emancipation” can be interpreted as “liberation from a certain role.” For almost a century, emancipation has been “claiming” to be an active element: those subject to discrimination, especially women, are demanding the right to liberation from the role imposed on them.
The proclaimed orientation towards social equality of men and women leads to the fact that they are prepared for a very similar path in life: regardless of gender, everyone needs to get an education and work, the family acts as an “additional” sphere of fulfillment for women.
As a result of the study of personal data, we came to the following conclusions:
1. Conclusion: Modern girls in most cases want to continue their education after graduating from college. Moreover, they need education to make a career.
2. Conclusion: Only 1/3 of female students in the next 5 years see such prospects in their personal lives as getting married and having a child. Please note that the best age for women’s reproductive function, according to doctors, is 20-25 years.
3. Conclusion: There have been changes in stereotypes of ideas about the social roles of men and women in the family. If it has long been believed that a man is the head of the family, the breadwinner, and a woman is the keeper of the home. This position is supported by only 12% of respondents.
4. Conclusion: Many female students see themselves in a leadership position or want to engage in entrepreneurial activities.
As a result, more and more women are appearing in successful and traditionally “male” fields of activity - politics, law, economics. And what is perhaps more important, this success is ensured not by the adoption of masculine characteristics and strategies of action, but, on the contrary, by the use of a “feminine style.”
This process is reflected in such social phenomena as:
Feminism and other women's movements;
Dependence of professional success on gender;
Penetration of women into traditionally male professions;
Low social adaptability of men in modern Russia;
Facilitation of household work;
The introduction of separate education - the emergence of women's gymnasiums and cadet corps.
2. 2 Activation of the role of women and the contradictions of society.
There are several problems caused by changes in a woman's social status. It is very difficult to find similar points of view on what role a woman should play in society and family. We looked at the two most opposite of them.
Many people of both sexes (supporters of conservative views) are convinced that women are predetermined by nature to have second roles in social life.
They explain their point of view this way: a woman should have the main role, first of all, in creating and strengthening a family. And it is impossible to perform this role well if you combine it with an active social life in society. That is, without a woman fulfilling the role of homemaker, the family will cease to be strong. The whole society may suffer from this.
Conservatives name several social problems that can develop due to “a woman leaving the family” and give arguments.
Another group of people (supporters of feminist views) believes that a woman should have absolutely equal rights and opportunities with a man.
Feminists believe that a woman is absolutely no different from a man and can successfully replace him in many areas of social life.
First of all, a woman should have the opportunity to pursue a career on an equal basis with a man. And only when she achieves complete economic independence, then let her think about the family or do without it. When starting a family, it is the woman who can serve as the main breadwinner, even if the husband is successful. A woman can successfully make a career, and a man must take on some of the household chores.
That is, this group advocates for full rights for women and even seeks to give them greater rights as compensation for the oppressed position in which women have been throughout human history. And they also give their arguments.
Many experts believe that if the differences between the fulfillment of social roles by men and women disappear, society will lose a lot. It will simply weaken because:
1. A man will lose interest in what he does in his professional field.
Arguments: any work, be it scientific activity, artistic creativity or work in production, is performed most successfully by a man because there is a beloved woman nearby, who is the mother of his children. They all need his labor efforts.
A man, as a rule, is very happy to bring to the family everything that is expected of him - money earned, news of his successes. He feels recognized by his family for his achievements and strives to do even better. It turns out that if a man is a leader in the production sector, then he brings more benefits to both the family and society.
2. A woman will lose interest in what many families rely on - to be a housewife, to create coziness, warmth, and comfort in the family.
Arguments: if a woman feels her special female role in the family and is happy with this, then all family members are happy. A good husband and loving children return everything to such a woman in full with their love, care, warmth, tenderness.
3. The family loses its meaning, it loses its main purpose and people stop striving to create a family.
4. Children will not receive the life experience they need in the family.
Arguments: boys will learn nail-driving skills from their mother, and dad will give them housekeeping lessons.
Who is right - conservatives or feminists? We will analyze several social problems, citing the arguments of conservatives and feminists, and formulate our own point of view.
Main Issues Conservative Feminists
Decrease “If a woman thinks more, “A woman should have the opportunity to make a career on an equal basis with a man.”
fertility about her career, then she will have no time to give birth to children"
Constitution of the Russian Federation Art. 19(part 3)
For the period 1992-1998. births decreased by 36% “Men and women have equal rights and freedom and equal children. opportunities for their implementation"
Abbreviation “Reduced defense capability of the country, 1. Create a professional strength, the country’s sovereignty is under threat.” army in Russia.
defenders
Fatherland. 2In the USA and Western countries, women serve in the army.”
Growth “Criminals in families in which children are poorly cared for. The causes of crime are not rooted in the employment of parents and crime is looked after.” neglect of children, minors and in the personality of the parents themselves.
More than 80% of adult criminals committed their first offenses while underage. A drinking mother, as a rule, does not work, but does not look after her children.
reduction “The population of the country will begin to decline, old people”People do not want to have children, because the number will become greater than the number of young people. This means that active labor makes it difficult to support them.”
The working-age population will not be able to feed pensioners.”
population. The poverty rate in 2004 was 37% of Russian families.
Every year the country's population decreases by 700 thousand.
Human. Financial situation of the family in Russia
(opinion poll)
The problems of modern society on this topic were discussed in groups among students: the guys identified problems and suggested ways to solve them.
Using this table, a sociological survey was conducted among students aged 16 to 20 years. The survey results are as follows:
Who is right - conservatives or feminists?
For the conservatives:
Girls - 5
For feminists:
Girls - 38
Our conclusions.
1. One part of society is subject to traditional stereotypical ideas about male and female images, including the social roles they perform.
2. Another part of society, under the influence of the feminist movement, advocates the proclamation of gender equality.
3. The disappearance of stereotypical ideas “about the rights and responsibilities” of different sexes, both among women and men.
4. The right to choose social, professional activities or the role of mother and wife in any case should depend on the woman herself.
2. 3 Family and professional activities of women.
Processes of deep transformation of social relations, changes in social value priorities, and people’s lifestyles affect the institution of the family. The intensification of the social role of women in society creates for many women the problem of combining social, professional activities and the role of mother and wife. Because most functions in the family are performed by women (reproductive, educational, economic, household, primary social control, etc.).
The beginning of the formation of any family is the process of courtship. In our culture, it develops quite traditionally - a man is active, expresses his feelings, tries to win attention; the woman is relatively passive and feminine. Since the traditional form of courtship is one of the few manifestations of the double standard that directly “benefits” the woman, it is relatively easy for her to adopt a dependent position. After marriage, the distribution of roles and responsibilities begins to take shape in a very traditional way: the wife, trying to be “good” and as feminine as during courtship, takes on most of the responsibilities. However, in this situation the traditional double standard turns out to be inconvenient. Unequal participation in family affairs (especially noticeable in connection with the internalized idea of gender equality and truly equal participation in professional activities) quite quickly ceases to suit a woman. And although such a distribution of roles is objectively beneficial for the husband (it leaves more time and more freedom), at the same time, it once again emphasizes the activity of the woman’s position and the passivity of the man’s position, which can cause psychological discomfort in him as well.
This situation is further aggravated when the first child is born in the family. Research, both Soviet and foreign, shows that after this, the spouses’ satisfaction with the marriage begins to decrease, since the birth of a child leads to a significant traditionalization of the position of both spouses, when the wife performs purely feminine affairs and responsibilities related to family and home, and the husband - men's, associated primarily with work. While the child is very small, such a distribution of responsibilities is relatively justified in the eyes of both spouses. The decline in marital satisfaction reaches its maximum by the time the child turns 3-4 years old and caring for him, even from the point of view of ordinary consciousness, no longer requires any special feminine qualities. During this period, maternity leave ends and the woman has a double burden: regardless of her desire, she is forced to go to work and at the same time continue to do the vast majority of housework. Naturally, this situation does not suit women; moreover, going to work strengthens their muscular orientation, which also contributes to increased activity and the need to change the family situation.
Number of registered divorces per 1000 population by year.
1997 1998 1999 2000
Russia (country as a whole) 3.4 3.38 3.7 3.8
Chuvashia (republic as a whole) 2.3 2.2 2.3 2.7
Rural population of Chuvashia 1 1 1.1 1
Number of divorces per 1000 marriages - 2002 Moscow-722
Chuvash Republic-640 officially registered marriage 72% living together without registering a marriage18% wedding or other forms of religious celebration7% of marriage I don’t consider it necessary to have a family2% WHAT FORM OF FAMILY
RELATIONSHIP IS FOR YOU
MOST ACCEPTABLE? find it difficult to answer1%
WHAT DO YOU THINK THE ATMOSPHERE IS IN THE FAMILIES OF YOUR ACQUAINTMENTS? (V %)
Peace and love Friendly family There are problems, but the atmosphere is nervous Discord, quarrels They find it difficult to answer
The spiritual values and guidelines of modern youth have changed. The survey data showed that for modern youth, in most cases, purely pragmatic, material life goals are characteristic, and the family comes in last place in importance. (diagram)
Can a woman combine her professional activities and family
We conducted a social survey among women aged 25 to 55 years.
After analyzing the personal data, we came to the following conclusions:
1. Women begin to make careers much later than men. Having worked at the company for more than 10 years, they decide to take a higher position.
2. A woman is engaged in professional activities, in most cases, in order to replenish the family budget; they perceive a career as personal growth, as self-realization. Moreover, men understand prestigious and promising positions by career.
3. We saw 3 groups of working women:
1. The first group includes women who have worked for more than 20 years, mainly specialists with secondary specialized education or higher education. They play the role of a housewife in the family and have from 2 to 3 children.
2. Women of the second group are engaged exclusively in professional activities, they have reached the position of middle managers, since they are not yet married or there are no children in their family,
3. The third group includes women who got married and continued to work. They combine their profession and personal life. Not every woman can bear such a load. The only way to solve this problem is through the active involvement of the husband in the family business.
Why are you engaged in professional activities?
What role do you play in the family?
Who makes money in your family?
How many children are in your family?
Who is raising the children in your home?
Conclusion: In the 90s of the twentieth century, a new state policy began to take shape in the Russian Federation. There were statements “Main directions of state family policy”, which provided for the provision of the necessary conditions for the family to implement its functions and improve the quality of life of all family members.
The patriotism of the state in relation to the family must be replaced by the principles of partnership and division of responsibility; husband and wife have equal rights in the opportunities for self-realization in the labor sphere and social activities.
Conclusion
The process of deep transformational social relations, changes in social value priorities, and people’s lifestyles have an impact on the social roles of men and women, affecting the institution of the family and the position of women in it.
In our work, we proposed three options for changing the social roles of men and women: “War of the Sexes”, “Return to Patriarchy”, “Women’s and men’s mentalities as general cultural ones”.
Two extreme forecasts could be a harsh confrontation between men and women (“War of the Sexes”) and a division of female and male social roles in the image of traditional society (“Return to Patriarchy”).
Historically, men have played a leading role in public life. They are the ones who fulfill the most important social roles, and the main role of a woman is that of a mother and housewife.
But in modern society this is unlikely. Because the processes of emancipation and feminization equalized women and men in their rights and gave women the opportunity to lead an active social life on an equal basis with men.
The third forecast option is most favorable for modern society. In our work, we proposed the conditions under which a favorable forecast can be realized, they should include:
The legal basis for real equality of people;
Changing the education system for adequate gender and age development of the younger generation;
State and public support for family and marriage;
Inclusion of women (in quantity and quality comparable to men) in government bodies at various levels;
Changing people's gender-role stereotypes.
Thus, we can say that the tendency (orientation) of the modern process in society is the emergence in culture of a dual (female and male) mentality. This means that a person's social success will depend on the degree to which he develops a dual mentality and the ability to interact with the other sex.
However, the proclaimed orientation towards social equality of men and women leads to the fact that they are prepared for a very similar life path: regardless of gender, everyone needs to get an education and work, the family for women acts as an “additional” sphere of realization.
The spiritual values and guidelines of modern youth have changed. The survey data showed that for modern youth, in most cases, purely pragmatic, material life goals are characteristic, and the family comes in last place in importance. Modern girls see their prospects as continued education and the opportunity to make a career.
This has led to the emergence of a number of problems in society: a decline in the birth rate, a reduction in the working-age population, a reduction in the number of defenders of the Fatherland, an increase in juvenile delinquency, and a growing danger of social degradation of the family in general.
The problems listed above primarily affect the family. Because they increase misunderstanding, discontent and even confrontation between men and women. The results of sociological research show a constant increase in the number of single-parent families, single women and men.
Apparently, the favorable development of the process under consideration depends on the formation of a female mentality in our culture (created by men). However, this does not mean simply adding something new to what already exists. Since male and female development are inextricably linked with each other, the emergence of a female mentality in a culture will cause corresponding changes in the male one.
It is necessary to find an optimal solution to this problem: active support from the state and society. State family policy must be adequate to the new socio-economic and political realities of Russian society. There must be long-term prospects for strengthening and developing the family, creating equality and respect for all family members.
Compliance with and expansion of the principles of family policy by all institutions of society is the key to family stability. Increasing the moral and educational potential of the family depends not only on the activity of the woman, but also the man who is the father of the children. Only the active intervention of society and relevant organizations can ensure the strengthening of the family and the formation of new family relationships.
Introduction……………………………………………………………………………………………………………2
1. International legal framework for the protection of women’s rights and interests and their implementation in modern Russia…………………………………3
2. Russian lawyers on equal rights for women……………………………………………………………6
3. State policy towards women and its reflection in the legislation of the Russian Federation………………………………………………………8
4. Recognition, observance, protection of the rights of Russian women as the main responsibility of the state………………………………………………………..9
5. Realization of Russian women’s rights to work in modern conditions…………………………………………………………………………………………11
6. Some problems of legal regulation of women’s labor in the light of labor legislation reform……………………………………………………………13
7. Trade unions and protection of women’s social and labor rights………………………15
8. Problems of realizing women’s rights in Russia……………………………17
Conclusion…………………………………………………………………………………………………………19
References…………………………………………………………………………………21
Introduction
Social and legal protection is a set of political, ideological, economic, social and legal norms. One of the most important areas of social and legal protection is the protection of the rights and interests of women.
In my opinion, economics and politics have changed the system of social relations in our country and the place of women in it. Life has revealed discrepancies between declarations and reality.
It seems to me that the economic crisis, the decline in real incomes, the increase in social and national conflicts, political and ideological confrontation - all this has an extremely negative impact on the situation of women, both in the sphere of employment and in socio-political activities.
Therefore, the development of our society has many specific features that do not allow us to directly transfer foreign experience in solving the women's issue. But it seems appropriate to compare conceptual approaches and global trends in the changing position of women in society that occurred in the 70-80s. This is of practical importance, since the development of a market economy in Russia creates conditions close to those in which economically developed countries have accumulated experience in solving women's problems, including through legislation.
In my opinion, it is necessary to recognize the equal importance of professional work, family and household functions, and social and political activities for both women and men. And, based on the egalitarian concept, to form national programs that expand access for women to the sphere of professional and social activities, and for men - to the sphere of family and raising children. This approach is based on a high level of development of productive forces, democratic traditions, psychological attitude, legal culture and, of course, the corresponding legal framework is especially important.
They believe that a woman by nature should give birth to children, raise them and be the keeper of the home, but there is no need for rights to do this. I believe that some of the main questions to consider are:
1. Realization of the rights and interests of women in modern Russia.
2. Responsibilities of the state in relation to women.
3. Realization of women's political rights in Russia.
Despite the existence of a legal framework, there is no mechanism for implementing and monitoring the execution of legal documents on this issue. There is also a lack of educational activities in the field of women's rights. Trade unions have taken a passive position on this issue, and the media, in opposition to state policy, directly discriminate against women, presenting them as objects of sexual exploitation. This, among other reasons, contributes to an increase in violence against women, as well as an increase in crime in society.
The vulnerability of women in the sphere of social production, the inaccessibility for a significant part of families of high-quality medical care, household, cultural - all this is concentrated in the population indicator. The population mortality rate exceeds the birth rate by 2 times. Who will live in the 21st century and for whom are the reforms being carried out?/
Women of Russia, as carriers of the nation's gene pool, require priority protection of their rights and interests.
1. INTERNATIONAL LEGAL FRAMEWORK FOR PROTECTING THE RIGHTS AND INTERESTS OF WOMEN AND THEIR
IMPLEMENTATION IN MODERN RUSSIA
Russian women have to fight for their rights throughout
20th century. 90 years ago, at the First All-Russian Women's Congress (1908), women demanded, first of all, political rights. In 1913, celebrating for the first time
International Women's Day on March 8, they demanded that their rights as citizens, workers and mothers be respected. These demands of Russian women workers were based on scientific conclusions made by A.M. Kollontai, who, having studied the situation of women in Russia and, having examined the legislation regarding women in European countries, substantiated the need for state participation in protecting the rights of a woman worker, a woman mother * (7).
Russian women received full political rights in 1917, and the policy of equal rights was legally enshrined in the Constitution.
1918, and then in all Soviet Constitutions. Discrimination against women was not overt, and the legislation of the country (USSR) on the issue of equality complied with international standards and was, in fact, mostly implemented.
The situation worsened sharply due to attempts to transition to market relations. The UN Convention on the Elimination of All Forms of Discrimination against Women (Article 7)*(8) is not implemented. Women's political rights are not fully realized: only their passive part is realized - participation in elections, and the active part - participation in decision-making at all levels of legislative and executive power - is not fully realized. If in 1985 the share of women in the Supreme Soviet of the USSR was 32%, then in 1993 their share in
The Federal Assembly of the Russian Federation was 11%, and in 1995 only 7%. At the same time, the share of women in the population of the Russian Federation is 52%.
The main goals of legislative activity in terms of ensuring equal rights in the labor market should be to legislate the possibility of providing women with a job and independent income. However, it is among women that the largest number of unemployed people is found. Meanwhile, women’s contribution to the total family income is 40%, and in recent years, due to the increasing rate of family breakdown, the proportion of so-called “maternal” families, where the woman is the only breadwinner, has increased. The birth of a child sharply reduces the level of well-being of the family, throwing it beyond the poverty line. Therefore, many young women, faced with a dilemma: a child or professional employment, make a choice in favor of the latter option. And the result is depopulation of the Russian population, and this problem cannot be solved with good wishes and calls. What is needed is clear legal regulation and state guarantees, the real amount of benefits for motherhood and childhood, and not saving budget funds at the expense of women and children. Article 19 of the Constitution of the Russian Federation requires additions in terms of guarantees for the implementation of the policy of equal rights, as well as sanctions in case of non-compliance with these rights.
Article 38 of the Constitution, which states that motherhood and childhood, as well as the family, are under the protection of the state. It is a good defense if in 1997 the new pension legislation removed from the length of service that affects the size of the pension not only the time of maternity leave, but even maternity leave itself!
All this contradicts Article 7 of the Constitution of the Russian Federation, which states that
The Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of people, provides state support for family, motherhood, fatherhood and childhood.
An inspection by the Prosecutor General's Office of the Russian Federation revealed that 3.5 million women work in unfavorable conditions, and labor safety legislation is violated in every sixth enterprise. Of course, today this problem is complicated by unemployment. It is not profitable for employers to bear the costs of labor protection for women, and today there are already requests from women themselves to remove all prohibitions and restrictions on women performing any work, including underground work, which is contrary to ILO Convention No. 45. At the same time, the same argument is put forward , unclearly spelled out Article 19
Constitution.
In the history of our country, this already happened during the transition from an agricultural economy to an industrial one - at the end of the 19th - beginning of the 20th century. The fact is that there is discrimination in wages, and with the transition to a market economy, the wage gap between women and men is growing. Strangely enough, trade unions also make their “contribution” to this. Regularly calculating the minimum consumer basket for women, they underestimate it, without taking into account the specific needs of women.
Legislative acts should enshrine women's right to advanced training and retraining, especially after the birth of a child, as well as after breaks in work associated with motherhood. This should also apply to the wives of military personnel, who, living at the place of their husband’s military service, as a rule, did not have the opportunity to work due to the lack of work for women there. Now they are also deprived of the right to include these years in the length of service required to calculate the pension. And finding a job, especially in a previously acquired specialty, after a long break from work is very problematic. Such adjustments should be made to the Russian Federation Law “On Employment”.
Today, the labor rights of women on maternity leave are also violated. The legislative introduction of such a rule as parental leave, without accompanying a protective mechanism for maintaining a job upon leaving it, has become another factor of discrimination.
The viability of parental leave must be supported by a mechanism to maintain qualifications, as well as benefits that meet social standards.
Privatization in our country began precisely with its destruction.
The state system of out-of-school and a significant part of preschool education was practically destroyed. The curtailment of the activities of consumer service enterprises increased the already high workload of women, depriving them of free time, and at the same time of cultural institutions.
But the most glaring fact of discrimination is the introduction of the principle of payment for medical services. The result of this is an increase in maternal mortality, the birth of sick children, and a sharp decline in population in all constituent entities of the Russian Federation with the exception of the North Caucasus region with a traditionally high birth rate. Things have gotten to the point where the government
At the IV World Conference of Women (Beijing 1995), Russia was forced to undertake an obligation: to create conditions for reducing maternal and infant mortality. However, this obligation, as well as the International Covenant on Economic, Social and Cultural Rights, ratified by our country, are not fulfilled *(1).
In many countries, women's and family entrepreneurship receives government support in the form of tax breaks, loan guarantees, leasing on special terms, etc. This usually applies to small and medium-sized businesses in the social sphere and the consumer services sector. Business incubators are created in educational institutions with the support of state or local authorities. The problem of youth employment, and especially its female part, is quite acute everywhere, but there are examples of its positive solution.
In a number of economically developed countries there is a law “On equal rights and equal opportunities for women and men”, which regulates the procedural aspects of the implementation of the principle of equality, and also establishes a procedure for monitoring the implementation of legal norms in practice. Thus, in Sweden there is an “Act on Equality between Men and Women” * (1), which regulates this problem in the field of work. There is an ombudsman institution, as well as other options and mechanisms for preventing discrimination against women, including appealing to the European Commission of Human Rights and the European Court of Human Rights, where Russian women can now apply.
To develop a national mechanism for protecting the rights and interests of women
Russia should, firstly, conduct an examination of the existing legislation of Russia, secondly, develop criteria and approaches to assessing discrimination against women, thirdly, analyze the current mechanism for monitoring compliance with international and Russian legislative acts regarding women's rights . Such work requires the combined efforts of specialists from different industries and cannot be built only on enthusiasm.
2. RUSSIAN LAWYERS ABOUT WOMEN’S EQUALITY
The problem of women's equality began to arise seriously in Russia in the late 19th and early 20th centuries. This was caused by the fact that new social relations began to develop in society in connection with changes in the legal system. But it did not affect women. The position of women remained unequal. It was formed under the influence of the following reasons: firstly, it was the result of the social division of labor, when physical strength was of great importance in the economic life of society. The second reason is the political conditions of the old time: the humiliation of women was inevitable and quite acceptable under such a regime, when the entire population consisted, in essence, not of “citizens”, but of “subjects”. The main task of a woman in such a society was to raise peaceful subjects, and for this she did not need rights and were even harmful.
And so Russian women began to fight for their rights.
At the beginning of the 20th century, Moscow University professor V.M. Khvostov * (3) in his works “Woman and Human Dignity” and “On the Equality of Women” wrote about the need to provide women, first of all, with political rights, which means suffrage, i.e. .e. the right to vote and be elected. Women, powerless in this regard, were told as a consolation that they already have great influence on political life: after all, most men are in their hands and subject to their charm. Such a point of view, which refers women to behind-the-scenes intrigues, did not fully correspond not only to the essence of the matter, but also to the human dignity of women, wrote Professor Khvostov. He also considered the argument of opponents of granting political rights to women unfounded, that if they were involved in politics, they would pay less attention to family and household, but the exercise of voting rights does not distract men from fatherhood and other responsibilities.
He believed that another argument in favor of equal rights for women was that involving women in active political life would significantly raise the moral level of women themselves.
In his public lecture “On the Equality of Women,” given in
In Vladimir and Moscow in 1906, he said: “... I consider the question of equal rights for women to be one of the most important social issues of our time, even the most important, standing alongside the question of the position of the working classes. In my eyes, it’s about correcting blatant social injustice” * (14).
Another Russian lawyer, State Duma deputy and professor St.
St. Petersburg University, representative of the Psychological School of Law
L.I. Petrazhitsky * (3) wrote: Giving women political rights and assigning political responsibilities to them is a means of forcing people to leave their selfish narrowness of interests and raise them to care about the common good. Children of such mothers who will treat with enthusiasm and enthusiasm great ideas and tasks, will absorb public culture..."*(11).
Progressive people of that time could not help but realize the need for full admission of women to government positions.
Investigating the women's problem, lawyers of that time noted the illogicality of the state in this matter: while universally supporting the version of female inferiority, in relation to responsibilities the state did not provide for differences between women and men. Women paid taxes at the same rate as men. Before a criminal court, they were liable on the same grounds as men. If the law made some leniency towards pregnant women, it was not because of attention to the woman, but rather because of attention to the child. Otherwise, the attitude of the criminal law towards women was clearly disdainful.
Opponents reminded women who cared for equal rights about military service, which they did not bear, perhaps precisely because they were not recognized as equal to men in rights, and therefore in responsibilities.
On this occasion Khvostov V.M. wrote that women bear a different kind of duty: they give the Motherland future admirals and generals, paying a bloody tribute with their lives, because according to statistics of that time, mortality during childbirth exceeded the number of deaths in the war.
We can come to the following conclusion: Russian lawyers, having actively participated in the struggle for equal rights for women, were able to convincingly prove the need to provide them with rights equal to the rights of men in all spheres of life, skillfully building a logical chain of arguments. They supported the women's movement for equal rights and actively participated in the work of the First
All-Russian Women's Congress (1908). In 1911, women received the right to vote in elections to the volost zemstvo. Political rights were given to them in full in 1917, constitutionally enshrined in 1918.
3. STATE POLICY REGARDING WOMEN AND ITS REFLECTION IN
LEGISLATION OF THE RUSSIAN FEDERATION
Changes in various spheres of activity of Russian society have a significant impact on the status of women, the implementation of their rights and freedoms. In the context of the transition to a market and the intensification of the economic crisis, the problems of eliminating discrimination against women and involving them in the development process are becoming particularly acute and require the development of a unified state policy. One of its most important directions is its legislative implementation.
The Constitution of the Russian Federation (1993) contains Article 19, paragraph 3, which talks about the equality of women, but there are no guarantees for its implementation and no sanctions for violations of this principle.
Even before the adoption of the current Constitution, a Decree of the President of the Russian Federation was issued
“On the priority tasks of state policy towards women” (from
4:03.1993 No. 337), which noted that Russia is not fulfilling its obligations under the UN Convention on the Elimination of All Forms of Discrimination against Women.
This Decree recognized the need to implement a holistic state policy to improve the status of women as one of the priority areas of the state's socio-economic policy.
In order to implement this Decree, by order of the President, a
Commission on Women, Family and Children under the President of the Russian Federation
Federation (dated 05/11/1993).
The Regulations on this Commission state that it is a collegial advisory body that carries out preliminary consideration and preparation of proposals on issues of women, family and children for the President of the Russian Federation.
In connection with the preparation for the IV World Conference on Women
“Action in the interests of equality, development and peace”, a government decree created the National Council (dated June 19, 1993, No. 1103), which was charged with organizing all preparatory work at the state and local levels, including the preparation of a government report, as well as work on participation of the Russian Federation in international events held as part of the preparation and holding of this conference.
In 1996 (dated January 8, 1996 No. 6) a Resolution was adopted
Government of the Russian Federation “On the concept of improving the status of women in the Russian Federation,” which defines the general strategy and priority directions of state policy regarding women. The concept recognizes that women's rights are an integral part of general human rights. The full and equal participation of women in politics, economics, social and cultural life at all levels, including international, should become the main goal of state policy in the field of improving the status of women in Russia.
4. RECOGNITION, COMPLIANCE, PROTECTION OF THE RIGHTS OF RUSSIAN WOMEN AS A BASIC
RESPONSIBILITY OF THE STATE
The question of the legal status of women in the Russian state, first raised at the end of the 19th and beginning of the 20th century, today, on the threshold of the new century, arises again with no less relevance. In modern society, when human and civil rights are proclaimed the “supreme value”, and the state considers it a priority duty to respect and protect these rights and freedoms, often in practice there is a situation of actual inequality of the legal status of men and women, a lack of equal opportunities for the implementation of these rights and freedoms . Article 19 (part 2.part 3)
The Constitution of the Russian Federation proclaims equality of rights and freedoms regardless of gender, but, obviously, the proclamation of equal rights of men and women should be based not only on the prohibition of discrimination against women, but also be supplemented by the creation of an optimal, fairly effective mechanism for the implementation of these rights and freedoms. The role of a woman as the foundation of the family and the social significance of motherhood suggest that society and the state are obliged to create special guarantees for women to exercise their rights; this issue cannot be reduced only to the formal equality of the rights of women and men.
The constitutional formula “highest value” (Article 2 of the Constitution of the Russian Federation) is, first of all, a legal concept. The fulfillment of this duty by the state consists mainly in the implementation of three important points: recognition, observance, and protection of women's rights in Russia.
By the 90s of our century, I think we did not come with the best results. The experience accumulated over decades in creating a system of legal protection for women was being destroyed and lost before our eyes. The state did not realize one of its main goals: caring for women, ensuring her free and dignified development, her rights and freedoms.
Only three years after the adoption of the Constitution, after the proclamation of formal equality in the rights of men and women, in 1996, a system of normative acts on women’s rights in Russia began to take shape, necessary for the implementation in practice of the constitutional principle of equal rights and equal opportunities, for the observance of women’s rights in unity of general human rights and freedoms (decree of the President of the Russian Federation “On increasing the role of women in the system of federal government bodies and government bodies of the constituent entities of the Russian Federation”).
At the federal level, it is recognized that there are distinctive features of the status of women that cause “special concern” to state authorities and government of the Russian Federation. These are such features of the legal status of women as the extremely low representation of women in federal and government bodies of the constituent entities of the Federation, in senior production positions and in entrepreneurship; failure to ensure equal rights in the labor market; unfavorable situation, the impact of negative consequences of interethnic and military conflicts, etc. Unfortunately, in the Concept, the Government of the Russian Federation practically does not indicate the reasons for the current situation, but is only limited to stating the facts. The approach itself is important, an attempt to identify problematic issues, and based on them, outline the first steps to implement a policy of equal participation of women in the political, economic, social and cultural areas of life at all levels.
As the main areas of activity, the state proposes both generalizing information on the legal status of women (examination of Russian legislation to determine whether Russian legislation on women’s rights complies with international human rights standards, organizing the collection of statistical data on the participation of women in state and public life), and conducting specific activities to implement the plan
(ensuring the required minimum level of food consumption for pregnant and nursing mothers, at affordable prices; development of a network of physical education, health and sports women's and family clubs; development of social service institutions, etc.).
I would like to note that the implementation of a whole range of tasks in the field of the legal status of women is possible only with the active participation of the regions, which, according to this program, are only recommended to draw up similar plans within several years. In addition, the timing of many activities, defined in the federal program rather ambiguously, raises some doubts.
However, the state has begun to resolve the problem in the area of the legal status of women in Russia, recognizing and defining at the state level the main directions, tasks, and methods for resolving them for the next three to four years. The next steps - respecting and protecting the rights of Russian women - are directly related to the mechanism outlined above and, I want to believe, will be decisive and effective, because only then can we talk about a new Russian statehood and the humanistic essence of the constitutional system as a whole.
5. IMPLEMENTATION OF RUSSIAN WOMEN’S RIGHTS TO WORK IN MODERN CONDITIONS
In the course of socio-economic changes in Russia, a transition to a market economy took place and a labor market was formed. The situation is aggravated by the ongoing crisis in the Russian economy, which has led to a 50% drop in production and a sharp decline in the number of jobs. As a result, only for 1992-1995. the number of people employed in the economy decreased by 10%
(7.4 million people). In 1996 the number of employees decreased by another 2 million people. At the same time, for the entire period released (at the initiative of the administration)
7-8%, the rest quit at their own request and went into sectors of the economy not taken into account by state statistics. The main reasons for the decrease in the number of workers: a decline in production, large amounts of part-time employment; in 1996, on average, about 3.2 million (6.7% of the total number) worked part-time or a week each month. In 1996, 7.5 million (3.6%) employees of large and medium-sized enterprises were on forced administrative leave*(12).
Naturally, in this situation, competition for jobs has increased.
The employment process is carried out in a market mode. Poorly socially protected socio-demographic groups of the population have clearly emerged - women, young people, people with disabilities, who have low chances of employment, a decent salary, and full social protection. They get jobs that are not popular with men. The most vulnerable (the largest category - more than 50% of the working population) were women.
Due to their natural purpose, women belong to a special category of workers, because produce not only material and spiritual benefits, but also the human race, fulfilling maternal responsibilities, which is inevitably associated with large labor costs in raising children and serving the family. That is why market conditions of employment have most of all led to the disadvantage of women in the world of work. Previously unresolved problems, such as the underestimation of the role of women in management and politics, their excessive employment in production sectors and in areas with unsatisfactory working conditions, the lag in the qualification level, in wages (according to the recognition of the former Minister of Social Protection L. Bezlepkina *( 12) in an interview on August 8, 1996) - the average salary of women in the national economy
Russia has one third less than men. To this should be added imperfection, and most importantly, violation of legal standards on labor protection. To the listed problems, new ones have been added - unknown prospects, uncertainty, a decline in the standard of living of many families, non-payment of wages, child benefits, reduction of preschool institutions, expansion of paid medicine, education, fear for the future of their children. Public opinion is increasingly expressing the idea of women returning to the home. Women workers in a significant range of industries, professions and types of work perform better. And here it is very important for society that a woman can freely choose her life path, decide what and where to do. A significant role in solving this problem could be played by a targeted, targeted government policy in the field of women's employment, which formally exists, but is not very effective.
The labor market, with its constant attributes of labor supply and demand, competition, and unemployment, has strengthened the always existing discrimination against women in employment. This is largely due to the mechanism for providing women with expensive social benefits. This increases the cost of female labor and limits the employer's discretion in using female labor. And since employers are focused on obtaining maximum profits, they are not interested in maintaining an economically unprofitable and “troublesome” contingent of workers in terms of compliance with legal norms. Today, social programs have been curtailed at enterprises. Women are fired first (and in the majority) compared to men, and are hired very reluctantly (for example, among those declared for dismissal in St. Petersburg in 1996 there were 58.6% women, in 1997 - 56.4 %).
The constitutionally declared equality of rights, freedoms and equal opportunities for their implementation for men and women (Article 19 of the Constitution) has not actually been achieved. The equality of women provided for by law does not yet mean actual equality, since the most important condition for its equality is the work of women in social production. Women's labor
- a special category, for its regulation the state establishes special legal norms that protect women’s health and motherhood. Once upon a time, the classics set the task of drawing a woman into socially productive labor and tearing her out of domestic slavery.
The path to achieving full social equality for women went through several stages:
1. establishing equal rights for women under the law;
2. creation of equality of opportunity, conditions, guarantees for the implementation of equal rights;
3. achieving and ensuring real equality for women;
4. During the perestroika period, instead of achieving complete social equality, we have a rollback of positions.
Legislation on women's labor rights has developed intensively.
There is a large list of very good regulations in terms of special labor protection, simplification of working conditions, reduction of labor standards, especially during maternity, expansion of social assistance for maternity
(benefits), development of a network of preschool institutions, and in terms of protecting the rights of women at work. However, with the provision of guarantees and the mandatory implementation of legislative acts, the situation is problematic. Guarantees mean: conditions, methods and means of ensuring the actual opportunity to enjoy the rights and freedoms enshrined in the law, to actually exercise them, as well as ways and means of protecting and defending these rights and freedoms.
A female labor market has formed, characterized by a narrowed range of available professions, low social status of work, instability of employment, limited opportunities for career advancement, and low wages. Women's starting conditions in the field of employment are much less favorable compared to men, not to mention the field of politics.
In St. Petersburg, for example, in the critical zone of the labor market (CLZ)
(or labor market risk zone)*(12) according to monitoring data from the St. Petersburg Employment Committee for 1997 - the number of women in the labor market is almost twice as high as that of men. In the sectoral structure of the Labor Code of Labor, the first place in terms of share is occupied by the budgetary sector, where, as is known, the majority of working women are concentrated, as well as in the service sector and trade * (12).
Perestroika broke the emerging path of reducing women's employment in hard and hazardous jobs, engaged in manual, heavy physical, and unskilled labor. The system of stimulating unattractive work (high salaries and other benefits) turned out to be preferable for women; there is an increase in women’s employment, which is fraught with consequences for the gene pool
Russia. Moreover, as the survey showed, 70% of the women surveyed are not satisfied with 10 out of 14 elements of working conditions that worsen their well-being and working condition (noise, physical activity, dust, harmful chemicals, uncomfortable working posture, etc.).
Based on the above, we can conclude that the state policy in the field of women’s employment that preceded the market situation was aimed at protecting motherhood and childhood, but little attention was paid to increasing the competitiveness of women in the world of work, especially after the birth of a child; increasing the interest of employers in using women's labor through tax incentives.
6. SOME PROBLEMS OF LEGAL REGULATION OF WOMEN’S LABOR IN THE WORLD
LABOR LEGISLATION REFORM
In accordance with Art. 19 of the Russian Constitution, men and women have equal rights and freedoms and equal opportunities for their implementation. As for rights and freedoms, one can still agree with this provision if we consider the problem from a formal point of view; as for the equal opportunity for their implementation, this constitutional maxim does not find adequate support in the current legislation and is not consistent with the realities of our social life.
Soviet and then Russian labor legislation always contained special rules regulating certain issues of the use of women's labor.
Some of these norms apply to all women based on their gender, and some are related to women’s performance of a special social function - giving birth and raising children. The first group of norms is devoted to special labor protection rules for women (prohibition of work in difficult and hazardous conditions according to special lists of work, restriction of work at night, establishment of maximum standards for lifting heavy objects, etc.). These groups of norms never contained actual benefits; on the contrary, they were essentially restrictions on the legal status of women associated with public ideas about the need to protect the moral and physical health of women.
Another group of norms did provide and continues to provide women with a number of benefits in connection with motherhood. These norms, in the form in which they currently exist, were formalized into law by 1990 (See.
Resolution of the Supreme Soviet of the USSR dated April 10, 1990 “On urgent measures to improve the status of women, protect motherhood and childhood, strengthen the family”). Since then, the volume of these benefits has not decreased. Only the actual opportunities for working women to realize them have decreased significantly. This indicates that the legislative preservation or expansion of benefits for women in itself does not change anything in their real situation in the world of work, but only strengthens their non-competitiveness in the labor market, assigning to them the actual status of a “second-class” labor force. Therefore, it is characteristic that it is women’s organizations that advocate the abolition of “women’s” benefits when considering draft new labor legislation. Meanwhile, of the benefits assigned to women in connection with their performance of the functions of motherhood, only a few are inseparable from a woman-mother (the need to transfer pregnant women to light work, providing maternity leave, breaks for nursing mothers). In this regard, I would like to draw attention to ILO Convention No. 156 of 1981 on workers with family responsibilities. Such persons under this convention include both men and women who have family responsibilities for their dependent children or other immediate family members who require care and assistance, where such responsibilities limit their ability to prepare, access and participate in labor
(economic) activity. Currently, in accordance with Art. 167
Labor Code of the Russian Federation: only partially paid parental leave for up to one and a half children and unpaid parental leave for a child up to three years old can be used by the child’s father, grandmother, grandfather or other relatives who actually care for the child at the family’s choice. The remaining guarantees and benefits provided to a woman in connection with motherhood (Article 172-
1 of the Labor Code of the Russian Federation) apply to fathers, as well as guardians (trustees) of minors only if they are raising a child without a mother (in the event of her death, deprivation of parental rights, etc.).
It seems reasonable that in all cases the family should choose the member who will use the guarantees and benefits associated with raising children.
In addition, it should be recognized that there is scope for expanding the benefits provided in the field of labor law in connection with maternity
(paternity), are almost exhausted, in some cases, in the course of reforming labor legislation, it is possible to differentiate them based on the real capabilities of the employer, for example, in the field of small business.
Society (and, accordingly, the state) should be primarily interested in creating appropriate conditions for motherhood in society. This implies that problems related to the creation of conditions for the birth and upbringing of children should be solved, first of all, by means of the right to social security, and not by labor law. However, all social security reform projects being developed do not take this into account; on the contrary, they actively ignore the idea that the birth and upbringing of children is an independent sphere of socially beneficial activity. It must be recalled that social insurance is the main organizational and legal form of social security in our country. And here fundamental possibilities open up for stimulating employers to use women’s labor through the appropriate organization of the social insurance system.
7. TRADE UNIONS AND PROTECTION OF WOMEN’S SOCIAL AND LABOR RIGHTS
Trade unions, both in the West and in Russia, have always participated in resolving the “women’s issue.” The issue of the length of the working day for women, adolescents and children was particularly discussed. In the traditions of the trade union movement, it was the provision, for example, of legal or medical
(doctor's payment) assistance not only directly to the trade union member, but also to members of his family (wives, children). Trade unions sought to improve working conditions for women, teenagers and children. To achieve this, they were actively involved in the work.
“women’s congresses”, “congresses of factory doctors”, “anti-alcohol congresses”, as was the case in Russia at the beginning of the century.
The protection of women's social and labor rights remains in the field of view of trade unions in all countries to this day. This is a very pressing problem for Russia today. Unfortunately, now women are perhaps the most vulnerable category of the population. Despite the fact that the principles of equality of men and women are enshrined in the Constitutions of the Russian Federation, the Labor Code, the Law “On Employment” and other documents. In the world of work, the division into “male” and “female” professions and industries is objectively preserved. The majority of women are employed in a limited number of professions at a relatively low official level. Women, more than men, are engaged in manual and unskilled labor; an unfair number of them work in hard physical work and in production with hazardous working conditions. Moreover, the level of wages in traditionally “female” industries is much lower. The proportion of women among the unemployed is also high - 62%. Two thirds lost their jobs as a result of redundancy. In recent years, women have been noticeably pushed out of the financial sector, where earnings are significantly higher.
Despite the high level of education (19.6% of women and 16.8% of men have higher education among the working population), a small number of women pursue professional careers. There is an increase in injuries at work.
Every year, between 70 and 80 thousand female workers are injured*(4).
Unfortunately, those rights and guarantees that are written in the laws are implemented very poorly. The result is a completely unsightly picture.
Today, employers often violate labor laws
Trade unions have to deal with real discrimination” with the illegal dismissal of single mothers, women on maternity leave, as well as caring for children under three years of age.
Trade unions today propose to urgently develop a coordinated program to remove women from difficult, harmful and dangerous working conditions. They demand that measures be taken that will at least reduce the impact of harmful and dangerous factors on women’s health, provide them with personal protective equipment, and gradually replace equipment. Trade unions also demand changes in income policy. Considering that most women are employed in organizations financed from the budget, they are seeking to legislatively increase the salaries of budget organizations.
The FNPR Action Program until 2000, adopted by the III FNPR Congress, states that trade unions will be the guarantor of social peace and, in particular, in the exercise of trade union control over the implementation of federal and regional programs to protect families, women, youth and children.
Today, social partnership remains the most effective in protecting women’s social and labor rights. The conclusion of agreements at different levels and collective agreements always provides for the solution of the “women’s issue”.
In conditions of legal chaos, it is very important for Russian trade unions to bring our legal standards in the labor sphere into line with international ones.
This, on the one hand, will contribute to the expansion of trade union lobbying, and on the other, will make it possible to demand that foreign entrepreneurs working in Russia comply with laws governing labor relations.
That is why the Federation of Independent Trade Unions of Russia was actively involved in the work on the program for the preparation and ratification of the Russian
Federation of the European Social Charter.
The European Social Charter, along with the European Convention for the Protection of Human Rights and Fundamental Freedoms, is the most important document
Council of Europe in the field of human rights. And if the Convention is primarily an instrument for the protection of civil and political rights, then
The Charter is dedicated to the protection of social rights, incl. and women.
The European Social Charter, adopted back in 1961, was amended in 1996. Today it is very important that Russia, having entered the
The Council of Europe has ratified it. The amended Charter has already been signed by nine states: Belgium, Cyprus, Denmark, Finland, France, Greece,
Italy, Portugal and Sweden. Once it is ratified by at least three states, it comes into force, which is expected in 1998*(4).
Among other guarantees, the European Social Charter provides guarantees for working women, mother and family rights, and children's rights. Articles 4, paragraphs 3,7, 8,16, 20, 27 provide for the right of women to fair remuneration for work of equal value with men; the right of children and youth to special protection from physical and moral risks; workers' rights
“Solidarity”, 1998, No. I of women on maternity protection; special family protection; the right to equal opportunity and equal treatment in employment without discrimination on the basis of gender; the right of workers with family responsibilities to equal opportunities and equal treatment.
It is very important for trade unions that the new edition of the Charter includes an article stating that trade union membership or participation in trade union work outside working hours or with the consent of the employer during working hours should not constitute valid reasons for termination of employment relations (Article 24, paragraph 3) .
8. PROBLEMS OF IMPLEMENTATION OF WOMEN’S POLITICAL RIGHTS IN RUSSIA
Women's political rights, enshrined in international and national legislation, are an element of universal human values and ideals, the mechanism of implementation of which is greatly hampered by the fact that in the age of information, politics remains predominantly a sphere of male activity.
According to the Convention on the Political Rights of Women of 1953, women have the right, without any discrimination, to vote in all elections on an equal basis with men, they are given the right to be elected to all institutions requiring public elections, and to hold positions in public and public service. Many countries have ratified this Convention, including the USSR, but women on the planet occupy only 14% of managerial positions, 6% of positions in cabinets of ministers, 11% of seats in parliaments * (13).
Therefore, Article 1 of the 1979 Convention on the Elimination of All Forms of Discrimination against Women interprets the concept of “discrimination” against women as any distinction, exclusion or restriction on the basis of sex, which is aimed at weakening or nullifying the recognition, use or exercise of rights by women and freedoms, including political ones.
The Constitution of the Russian Federation of 1993 also enshrined not only the equality of rights and freedoms of men and women, but also equal opportunities for their implementation. This instruction cannot be interpreted simply.
The social significance of motherhood and the role of women in procreation is generally recognized, as a result of which women need additional guarantees of equality in the implementation of not only socio-economic, but also political rights. The equality of citizens before the law and the right, without any discrimination, to equal protection of rights and legitimate interests, proclaimed in the Russian Constitution, does not at all mean that different categories of citizens have equal legal status. The legislation contains a large number of norms and even separate laws devoted to the peculiarities of the legal status of children, youth, and women. These features associated with age and gender concern various spheres of social relations, including political ones.
The problem of implementing women's voting rights in Russia was resolved with the adoption of the Constitution of the RSFSR of 1918. 15% of women were elected to the 1st Congress of People's Deputies of the USSR in 1988 - half as many as before democratic innovations. Moreover, most of the women deputies were elected from the CPSU and other public associations; in the elections to the parliaments of the union republics in 1990, the share of women deputies did not exceed 5%.
It remains at approximately the same level now, for example, in the Republic of Belarus, women deputies in parliament make up 4.5%, while in parliament
Turkey has 11%. It is well known that in the Scandinavian countries, where women deputies make up about 40% of parliaments, politics is low-aggressive and constructive, with priorities being the protection of human rights and social welfare. The experience of these countries has shown that women come to power, as a rule, having gone through the school of political parties and other social movements, having experience working with people. Thus, in Holland, in each political party, there is a 35% quota for women; The “equal opportunity” program in the United States forces women to be selected primarily from among applicants for various positions*(13).
We cannot agree that the introduction of quotas to eliminate actual inequality creates new inequality, since “quota” appointees are inferior in the level of professionalism to those who received a seat in parliament or another state body as a result of free competition. Yes, selection
“quota” candidates for deputies within a party or other social movement are also characterized by competitive struggle.
The path to realizing women's political rights in Russia, as in other countries, lies through the creation of a women's political party that would represent and defend in parliament the interests, first of all, of women voters, who are 9.5 million more than men, and among there are 2.5 times more pensioners who are more active in elections. Yes, movement
“Women of Russia” is a prototype of a political party, in the elections in
State Duma in 1993 received 46 mandates, more than 10% of the total composition of Duma deputies.
In the law on political parties and other legislative acts, special attention of the legislator should be drawn to the mechanism for implementing the proclaimed
The Constitution equals rights and freedoms for men and women.
CONCLUSION
In my opinion, the transition from one system of social relations to another, as is happening in our country, inevitably entails changes in the legislative framework, including in relation to the rights and interests of women.
First of all, this concerns constitutional norms. In the current
The Constitution of the Russian Federation retains the following wording:
“Men and women have equal rights and freedoms and equal opportunities for their implementation.” While the Constitution of the USSR had Article 35, which not only established equal rights for women and men, but also guaranteed the implementation of these rights. In the totality of constitutional guarantees, two groups of guarantees were distinguished. The first of them included those that ensured the equality of women as citizens and workers, i.e. equal opportunities with men in obtaining education, professional training, in work, remuneration for it and promotion at work, in socio-political and cultural activities.
The second group of guarantees included constitutional provisions that take into account the performance of maternal functions and provide opportunities for combining professional work and family and household responsibilities. These guarantees included: special measures to protect women’s labor and health, and the creation of conditions allowing them to combine work with motherhood.
Additional guarantees of women's equality were contained in Article 53 of the Soviet
The Constitution specified the forms of state care for the family - the creation and development of a wide network of child care institutions, the organization and improvement of consumer services and public catering, as well as various types of benefits and benefits.
All this was fully consistent with international UN Conventions. Unfortunately, no effective mechanism for monitoring their compliance has been developed.
It seems to me that today the Constitution of the Russian Federation does not contain any guarantees of equal rights for women, and Article 38 paragraph 1 only sternly states:
“Motherhood and childhood, the family are under state protection.” This phrase was left only because the same Constitution recognizes the supremacy of international acts. In fact, the situation is quite the opposite: there are no corresponding expenditure items in the budget, and with chronic budget deficits, expenses for maternity and childhood benefits are cut first, not to mention the fact that many maternity and child care institutions are closed due to lack of budget funding . In capitalist countries, women's employment is growing due to fundamental changes in working conditions, the expansion of flexible forms of employment, accompanied by a high degree of industrialization of the domestic sphere, as well as such widespread phenomena as rising prices, inflation, and the need to earn money.
In our country, the reasons for the high employment of women were associated with the industrialization of the national economy, the destruction of the Great Patriotic War, the extensive development of the economy in the 60s, the creation of new jobs while maintaining outdated technologies, and the need for another income in the family.
At the same time, the intensive involvement of women in social production and the growth of their educational level had a significant impact on the possibility of individual realization in various spheres, including socio-political.
All this changed their needs, spiritual world, forms of life, status in society, and was correspondingly reflected in legal norms and legal culture. However, the situation of women was negatively affected by the lack of the rule of law, as well as the adoption of legislative acts that were not supported by material and financial support, for example, the decision to release women from heavy work was not supported by the creation of jobs for them with favorable working conditions.
The chapters presented in the abstract pursue one, primary task
- show the irresponsible attitude of the current state towards the main subject of social relations, towards women. The ancients long ago told the truth, the essence of which is that the desire to see a stable state and society requires looking at their attitude towards women - mothers, educators.
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Society and motherhood. Petrograd, 1916.
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DOCUMENTATION
15. Vienna Declaration and Program of Action.
16. Universal Declaration of Human Rights.
18. Convention on the Elimination of All Forms of Discrimination against Women.
19. Convention on the Political Rights of Women.
20. Convention on Equal Treatment and Opportunities for Men and Women Workers: Workers with Family Responsibilities.
21. Constitution of the Russian Federation (1993).
22. International Covenant on Economic, Social and Cultural Rights.
23. International Covenant on Civil and Political Rights.
24. Beijing Declaration.
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Chapter 1. The concept of gender equality and the development of gender relations.
§ 1. The concept of gender equality.
§2. Historical analysis of tender relations.
Chapter 2. Features of the legal status of women in the sphere of labor and other directly related relations.
§ 1. Unity and differentiation of labor law norms regulating the work of women.
§2. Legal guarantees provided to women under Russian labor law.
Chapter 3. Mechanisms to ensure real equality in labor relations between women and men.
§ 1. Legal means of ensuring equality of women and men in labor relations.
§2. Practical proposals for improving the legal framework for equal rights in labor relations between women and men.
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Introduction of the dissertation (part of the abstract) on the topic “Problems of gender equality in Russian labor law”
Relevance of the research topic
The problem of equal rights and equal opportunities for men and women is one of the most pressing and, until recently, the least studied. It is important that now it is in the field of view of Russian government authorities. Evidence of this is the consideration in the State Duma of the draft Federal Law “On state guarantees of equal rights of men and women and equal opportunities for their implementation”, the creation in the Federation Council of a Public Committee to ensure equal rights and equal opportunities for men and women.
However, women remain victims of “gender asymmetry.”
The Constitution of the Russian Federation (Part 3 of Article 19) declares that “men and women have equal rights and freedoms and equal opportunities for their implementation.” Back in 1980, the USSR ratified the UN Convention “On the Elimination of All Forms of Discrimination against Women” and some other international documents binding on the Russian Federation, as the legal successor of the USSR, imposing specific obligations on the parties to these agreements to ensure real gender equality and improve social status of women.
Despite this, in the last decade, inequality in the position of men and women in our country has been increasing. All negative social phenomena
1 Resolution of the State Duma of the Federal Assembly of the Russian Federation of April 16, 2003 No. 3893-111 GD “On the draft Federal Law No. 284965-3 “On state guarantees of equal rights and freedoms of men and women and equal opportunities for their implementation” // SZ RF. - 2003. - No. 17. - Art. 1569. Convention on the Elimination of All Forms of Discrimination against Women (Adopted on 12/18/1979 by UN General Assembly Resolution 34/180). The USSR ratified the Convention (Decree of the Presidium of the USSR Supreme Council of December 19, 1980 No. 3565-X) // Collection of international treaties of the USSR. - Vol. XXXVII. - M., 1983. - P. 26-36.
3 International Labor Organization Convention No. 100 concerning equal remuneration for men and women for work of equal value (Geneva, 29 June 1951). The RSFSR ratified this Convention on April 30, 1956 // Conventions and recommendations adopted by the International Labor Conference. 1919-1956. - T. I. - Geneva, International Labor Office, 1991; International Labor Organization Convention No. 156 concerning Equal Treatment and Opportunities for Men and Women Workers: Workers with Family Responsibilities (Geneva, 3 June 1981). The Convention was ratified by Federal Law of October 30, 1997 No. 137-FE // SZ RF. - 2004. - No. 32. - Art. 3284; Model law on state guarantees of equal rights and equal opportunities for men and women (Adopted in St. Petersburg on November 18, 2005 by Resolution 26-11 at the 26th plenary meeting of the Interparliamentary Assembly of the CIS Member States) // Information Bulletin. Interparliamentary Assembly of States Parties of the Commonwealth of Independent States. - 2006. - No. 37. - P. 328-341; and some others. tions of Russian society - unemployment, poverty, illness have a “female face” today. The most characteristic indicator in this regard is the level of female unemployment. According to Rostrud, the number of unemployed people registered with the state employment service at the end of 2007 was 1,742,000 people, of which 1,132,000 were women, that is, more than half." Employers, as a rule, prefer to fire women but hire men. Therefore, Unemployed women take longer to look for a new job.The situation in the labor market is especially difficult for girls who have no work experience and women of pre-retirement age.
Men also have many unresolved problems. First of all, the influence of fathers on raising children in the family has catastrophically decreased. Closely related to this problem is society’s underestimation of fatherhood, men’s responsibility for the socialization of children, the upbringing of the younger generation, and their active self-development. In labor legislation, not all benefits and guarantees related to raising children apply to working fathers.
Equality laws have been adopted in many countries of the world - in Canada, Denmark, Norway, Finland, Sweden, Portugal, etc. Similar legal acts are being developed in the CIS countries. For example, in Lithuania, Ukraine, Kazakhstan, Kyrgyzstan.
In Russia, the solution to the problem of gender inequality may be the use of part-time employment or home-based work. The development of home-based work will serve to ensure employment of the population, replenish the family budget and develop the country's economy, and will also create the opportunity to restore and preserve some types of handicraft production passed on from generation to generation, in particular, the production of folk arts and crafts, and transfer this inheritance for future generations.
The purpose of the dissertation work is a comprehensive study of gender relations in Russian labor law, comparative legal analysis
1 Number of economically active population, employed and unemployed, data from the Federal State Statistics Service // www.gks.ru. problems of equality of women and men in Russia and foreign countries and revealing ways to increase the effectiveness of the implementation and protection mechanism.
The objectives of the dissertation research are as follows:
Define the concept of “gender”, “gender equality and inequality” in relation to Russian labor law;
Carry out a historical analysis of tender relations, identify the specifics of their formation and development;
Conduct an analysis of the problem of gender equality in Russia and foreign countries;
Identify gaps in Russian labor legislation in the legal status of men and women;
Consider the possibility of using international experience in further improving Russian labor legislation;
Determine the main directions of developing a strategy for gender equality in Russian labor law.
The object of the study is social relations that arise in the process of implementing legal norms relating to the equality of rights of women and men in the field of labor relations.
The subject of the study is a complex of theoretical and practical problems in the process of regulating gender relations in labor law.
The theoretical and methodological basis was the fundamental concepts and hypotheses presented in the works of classics of law and modern studies of domestic and foreign scientists on the position and role of women in public life: A.A. Abramova, E.M. Akopova, S.S. Alekseeva, N.G. Alexandrova, L.Yu. Bugrova, N.V. Vasilyeva, S.Yu. Golovina, K.N. Gusova, F.O. Dzgoeva, I.K. Dmitrieva, I.G. Dudko, E.N. Ershova, A.D. Zaikina, I.Ya. Kiseleva, R.Z. Livshitsa, A.M. Lushnikova, M.V. Lushnikova, S.P. Mavrina, G.V. Mertsalova, V.I. Mironova, T.M. Moskvicheva, A.F. Nur-tdinova, Yu.P. Orlovsky, S.V. Polenina, N.G. Prisekina, L.S. Rzhanitsyna, I.O. Snigireva, V.G. Soifer, J.I.C. Talya, V.N. Tolkunova, N.N. Sheptulina, G.F. Shershenevich and other scientists.
The works of academic specialists in the theory of law, related branches of law, works in philosophy, economics and other social sciences are analyzed.
The empirical basis of the study included: international legal acts, legislation of the Russian Federation, regulatory legal acts of constituent entities of the Russian Federation, as well as social partnership agreements at various levels, collective agreements, and judicial acts.
When preparing and writing the dissertation, a variety of research methods were used, including dialectical, historical-logical, system-complex, structural-logical, statistical and factor analysis methods.
Degree of development of the problem
Over the past few years, domestic lawyers have conducted a number of studies on gender issues and published works on gender theory.
The problem of forming gender equality is reflected in the works of such domestic scientists as I.G. Dudko, S.V. Potapova, S.V. Polenina1, as well as A.M. Lushnikova, M.V. Lushnikova, N.N. Tarusina and some others, whose research is devoted to the problems of equal rights and equal opportunities for men and women.
Issues of gender policy and gender asymmetry were considered by N.V. Dosina3, E.V. Kochkina4, N.M. Mitina3, L.B. Samakova6.
Despite the growing interest in gender studies, many aspects remain outside the attention of scientists. This is due, on the one hand, to
1 Dudko I.G., Potapova S.V., Polenina S.V. Gender equality. The problem of equal rights and equal opportunities for men and women: A textbook for university students. - M., 2005. - P. 296.
2 Lushnikov A.M., Lushnikova M.V., Tarusina H.II. Gender equality in family and work: Notes from lawyers: Monograph. - M., 2006. - P. 288.
3 Dosina N.V. Gender policy in the context of social transformation of Kazakhstani society: Dis. Ph.D. polit, science - M., 2005.
4 Kochkina E.V. Gender asymmetry in the power structures of the Russian Federation: problems of political and legal regulation: Dis. Ph.D. polit, science - M., 2004. - P. 176.
5 Mitina N.M. Political participation of Russian citizens at the turn of the XX-XXI centuries: tender strategy: Dis. Doctor of Political Sciences. - M., 2005.
6 Samakova L.B. Gender policy in the context of social transformation of Kazakh society: Dis. Ph.D. polit, science - M, 2005. P. 56. the youth of this direction, on the other hand, the specificity of the socio-economic processes taking place in our country. In general, the concept of “gender equality” has been established in modern legal science, but its content has not been sufficiently studied, which determined the purpose and objectives of the presented dissertation research.
The dissertation was written on the basis of research and scientific analysis of international legal documents in the field of human rights, gender equality, labor legislation of the Russian Federation and foreign countries, domestic and foreign literature.
The scientific novelty lies in the fact that the dissertation is the first comprehensive study in which the main legal problems of gender inequality in Russian labor law are identified and ways to solve them are proposed.
Provisions of the dissertation submitted for defense:
1. For Russia, the problems of hidden rather than direct gender discrimination are more relevant. Therefore, the tasks of ensuring gender equality in our country should be different from those formulated for the world community as a whole. The problems of gender equality in our country have a broader interpretation and should be considered not so much from the point of view of ensuring real equality of women's rights, but from the point of view of overcoming gender imbalances that also worsen the situation of men.
2. The sovereignty of the family as a single subject of labor relations should be reflected in the system of appropriate benefits to the extent that such benefits are not determined by the physiological characteristics of the female body. It is the family that must decide which of the family members will be employed in the sphere of public or domestic labor, which of the family members will take advantage of the guarantees, compensation and benefits provided for by labor legislation.
3. It is substantiated that the combination of women’s work with family responsibilities is facilitated by such a form of employment as working at home. We believe that Chapter 49 of the Labor Code of the Russian Federation “Features of regulation of the work of homeworkers” does not fully reflect the specifics of this work activity. The traditional definition of the concept of “labor relations” (Article 15 of the Labor Code) is not entirely applicable to the relationship between homeworkers and the employer. The current head of the Labor Code of the Russian Federation proposes that the specifics of regulating the work of homeworkers should be determined by an employment contract. We believe that a centralized order is necessary, namely the adoption by the Government of the Russian Federation of a regulatory legal act on home work. The provisions of this regulatory legal act are proposed in this study.
4. The modern system of legal protection for workers needs reform. It is necessary to extend the benefits provided exclusively for women to men and the family as a whole.
5. It is proposed to supplement and set forth Part 6 of Art. 2 of the Labor Code of the Russian Federation “Basic principles of legal regulation of labor relations and other relations directly related to them” as follows: “equality of rights and opportunities for workers, equal pay for work of equal value.”
6. Proposals have been formulated to improve the legal support for equal rights in labor relations between women and men.
7. It is proposed to introduce a norm into the Labor Code of the Russian Federation providing employees with family responsibilities who have interrupted their working career for a period of more than one year in connection with child care, the opportunity to study under advanced training programs or obtain another specialty at the expense of the employer.
The informational and empirical basis of the study are documents of government bodies of the Russian Federation, documents of the UN and ILO, materials of official statistics, publications in the Russian and foreign press, materials from the global Internet.
The theoretical significance of the study is determined by the fact that it develops an insufficiently developed scientific direction in the theory of labor law related to the analysis of the formation and development of gender relations. The materials of the provisions and results of the study contribute to a comprehensive understanding of the problem of the development of labor law in Russia.
The practical significance of the study is that the proposals developed can be useful in the activities of legislative and executive authorities at both the federal and regional levels for the further promotion of national projects aimed at optimizing tender relations and solving tender problems.
The results of the dissertation can be used in the preparation of teaching aids, lectures and materials for seminar classes.
Testing of the research results was carried out in the following main areas:
When discussing and approving this work at a meeting of the Department of Civil and Labor Law of the Faculty of Law of the Mountain State Agrarian University, where it was reviewed;
In the author’s speeches at the International Scientific and Practical Conference “Guarantees for the implementation of citizens’ rights in the field of labor and social security. Practice of application of labor legislation and social security legislation”, held at Moscow State Law Academy in 2005.
The main provisions of the work are presented in 4 publications, with a total volume of 2.2 pp.
Structure of the dissertation. The work consists of an introduction, three chapters, a conclusion, and a list of sources used.
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Conclusion of the dissertation on the topic “Labor Law; social security law", Karamurzova, Inna Barasbievna
CONCLUSION
1. The category “gender” reflects, in essence, a complex sociocultural and legal process of building relationships between men and women, which manifests itself in all spheres of public life, including politics, economics, law, ideology, culture, and the very result of this process - or gender inequality , or gender equality.
2. Gender equality should be understood as the equal legal status of women and men and equal opportunities for its implementation, allowing persons of both sexes to freely develop their potential abilities, skills and abilities to participate in political, economic, social and cultural processes and master their achievements.
3. The current nature of female labor and the background of the issue indicate the presence of a gender-specific labor market in our country: narrowed demand, low labor prices due to skills gaps and maternity breaks, increased need for security and social benefits. The specifics of the female workforce itself (orientation towards favorable working hours, the proximity of the workplace to home, the dominance of traditional ideas about women's professions as a continuation of the domestic division of responsibilities).
The involvement of women in the sphere of social organization of labor led to the need for its legal regulation.
Special labor legislation is based on differentiation factors. It is obvious that special labor legislation reflects the characteristics of labor, both objective and subjective.
We believe that women’s work is not limited only to the norms of the institution of labor protection, but is also regulated by the institutions of the labor contract and special norms of labor legislation. However, these special rules on women’s labor cannot constitute an independent institution of labor law and are part of these institutions.
4. The improvement of labor law in the gender dimension should be carried out in our country gradually, taking into account objective conditions, while its ultimate goal is the transition to the use of a mechanism of legal regulation based on equal competition between men and women, achieved through differentiated and protected access to work , careers, job training, new forms of economic activity, social insurance programs and other resources.
5. The combination of women's work with family responsibilities is facilitated by such a form of employment as working at home (home-based work).
In the conditions of Russian reality, it is necessary to ensure conditions under which the preferential provision of part-time work to women cannot be used to their detriment. In particular, this will be facilitated by the consolidation of legislative guarantees, such as the minimum permissible length of the working week (month), as well as the establishment of an hourly minimum wage.
6. We believe that Chapter 49 of the Labor Code of the Russian Federation “Features of regulation of the work of homeworkers” does not fully reflect the specifics of this work activity. The traditional definition of the concept of “labor relations” (Article 15 of the Labor Code) is not entirely applicable to the relationship between homeworkers and the employer. First of all, the requirement for a homeworker to personally perform a labor function is excluded here. In addition, homeworkers are not subject to internal labor regulations in terms of the work and rest schedule they establish. They independently determine the time for completing tasks, without observing the general rules about working hours, breaks in work, weekends and holidays.
The current head of the Labor Code of the Russian Federation proposes that the specifics of regulating the work of homeworkers should be determined by an employment contract. We believe that a centralized order is necessary, namely the adoption by the Government of the Russian Federation of a regulatory legal act on home work.
To the extent not regulated by a special regulatory act, homeworkers are subject to labor legislation and other acts containing labor law norms.
7. The category of legal remedies can be considered in a broad and narrow sense. From the point of view of the scope of action, we can distinguish general (the same for men and women) and special (determined by the characteristics of the female body and motherhood) legal protection for women. Legal protection of women must be targeted and have legally defined limits.
Prohibitions and restrictions, as remedies, must be established centrally; At the same time, it is necessary to carry out a gradual transition from the prohibitive nature of the relevant legislation to the permissive one, giving a woman or man the right to independently make decisions about the use of their abilities to work.
8. There are various discussions about legal means of achieving equality:
All benefits and privileges should be abolished, i.e. follow the concept of “equal rights as identical rights”, and, therefore, it is enough to analyze the symmetry of legislative norms, and exclude all asymmetrical norms as violating the principle of equality.
It is necessary to take into account the factor that “actual equality also has biological limitations.”
9. Having analyzed various points of view, the dissertation author developed his own understanding of the development of gender relations, as well as proposals for improving the legal support for equality and equality of labor between women and men:
When developing draft collective agreements and agreements, the following provisions should be included to ensure equal rights and equal opportunities for men and women, improving conditions for them to combine work and family responsibilities, indicating the time frame for their implementation:
Creating working conditions in which the division of household responsibilities and the balance between the professional and personal lives of women (and men too) would be aimed at their well-being;
Use flexible working hours. Provide women with the opportunity to independently choose a work schedule that is acceptable to them in order to combine work and family responsibilities;
Provide employment for men and women in accordance with their education;
Improve tariff regulation of wages through tariff agreements and collective agreements, taking into account a reasonable assessment of the complexity of labor.
To overcome violations of gender inequality that are observed in real life, it is necessary to conduct an examination of the current legislation on the following issues:
Conditions for hiring and dismissing employees;
Working hours;
Salary;
Labor conditions and safety;
Advanced training and realization of the right to additional education.
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Karamurzova Inna Barasbievna. Problems of gender equality in Russian labor law: dissertation... Candidate of Legal Sciences: 12.00.05 / Karamurzova Inna Barasbievna; [Place of protection: Moscow. state legal academic.] - Moscow, 2008. - 145 p.: ill. RSL OD, 61 08-12/600
Introduction
Chapter 1. The concept of gender equality and the development of gender relations 10
1. The concept of gender equality 10
2. Historical analysis of tender relations 19
Chapter 2. Features of the legal status of women in the sphere of labor and other directly related relations 29
1. Unity and differentiation of labor law norms regulating the work of women 29
2. Legal guarantees provided to women under Russian labor law 42
Chapter 3. Mechanisms to ensure real equality in labor relations between women and men 79
1. Legal means of ensuring equality of women and men in labor relations 79
2. Practical proposals for improving the legal support for equal rights in labor relations between women and men 96
Conclusion 120
Bibliography 125
References 125
List of normative legal acts 139
Introduction to the work
Relevance of the research topic
The problem of equal rights and equal opportunities for men and women is one of the most pressing and, until recently, the least studied. It is important that now it is in the field of view of Russian government authorities. Evidence of this is the consideration in the State Duma of the draft Federal Law “On state guarantees of equal rights of men and women and equal opportunities for their implementation”, the creation in the Federation Council of a Public Committee to ensure equal rights and equal opportunities for men and women.
However, women remain victims of “gender asymmetry.”
The Constitution of the Russian Federation (Part 3 of Article 19) declares that “men and women have equal rights and freedoms and equal opportunities for their implementation.” Back in 1980, the USSR ratified the UN Convention “On the Elimination of All Forms of Discrimination against Women” and some other international documents binding on the Russian Federation, as the legal successor of the USSR, imposing specific obligations on the parties to these agreements to ensure real equality of the sexes and improving the social status of women.
Despite this, in the last decade, inequality in the position of men and women in our country has been increasing. All negative social phenomena
Resolution of the State Duma of the Federal Assembly of the Russian Federation of April 16, 2003 No. 3893-111 GD “On the draft Federal Law No. 284965-3 “On state guarantees of equal rights and freedoms of men and women and equal opportunities for their implementation” // SZ RF. - 2003. - No. 17. - Art. 1569.
"Convention on the Elimination of All Forms of Discrimination against Women (Adopted on December 18, 1979 by Resolution 34/180 of the UN General Assembly). The USSR ratified the Convention (Decree of the Presidium of the USSR Armed Forces dated December 19, 1980 No. 3565-X) // Collection of international treaties of the USSR. - Vol. XXXVII. - M., 1983. - pp. 26-36.
3 International Labor Organization Convention No. 100 concerning equal remuneration for men and women for work of equal value (Geneva, 29 June 1951). The RSFSR ratified this Convention on April 30, 1956 // Conventions and recommendations adopted by the International Labor Conference. 1919-1956. - T. I. -Geneva, International Labor Office, 1991; International Labor Organization Convention No. 156 concerning Equal Treatment and Opportunities for Men and Women Workers: Workers with Family Responsibilities (Geneva, 3 June 1981). The Convention was ratified by Federal Law No. 137-FZ of October 30, 1997 // SZ RF. - 2004. - No. 32. - Art. 3284; Model law on state guarantees of equal rights and equal opportunities for men and women (Adopted in St. Petersburg on November 18, 2005 by Resolution 26-11 at the 26th plenary meeting of the Interparliamentary Assembly of the CIS Member States) // Information Bulletin. Interparliamentary Assembly of States Parties of the Commonwealth of Independent States. - 2006. - No. 37. - P. 328-341; and some others.
4 aspects of Russian society - unemployment, poverty, illness have a “female face” today. The most characteristic indicator in this regard is the level of female unemployment. According to Rostrud, the number of unemployed people registered with the state employment service at the end of 2007 was 1,742,000 people, of which 1,132,000 were women, that is, more than half." Employers, as a rule, prefer to fire women but hire men. Therefore Unemployed women take longer to look for a new job.The situation in the labor market is especially difficult for girls who have no work experience and women of pre-retirement age.
Men also have many unresolved problems. First of all, the influence of fathers on raising children in the family has catastrophically decreased. Closely related to this problem is society’s underestimation of fatherhood, men’s responsibility for the socialization of children, the upbringing of the younger generation, and their active self-development. In labor legislation, not all benefits and guarantees related to raising children apply to working fathers.
Equality laws have been adopted in many countries of the world - in Canada, Denmark, Norway, Finland, Sweden, Portugal, etc. Similar legal acts are being developed in the CIS countries. For example, in Lithuania, Ukraine, Kazakhstan, Kyrgyzstan.
In Russia, the solution to the problem of gender inequality may be the use of part-time employment or home-based work. The development of home-based work will serve to ensure employment of the population, replenish the family budget and develop the country's economy, and will also create the opportunity to restore and preserve some types of handicraft production passed on from generation to generation, in particular, the production of folk arts and crafts, and transfer this inheritance for future generations.
The purpose of the dissertation work is a comprehensive study of gender relations in Russian labor law, comparative legal analysis
1 Number of economically active population, employed and unemployed, data from the Federal State Statistics Service // .
5 problems of equality of women and men in Russia and foreign countries and revealing ways to increase the effectiveness of the implementation and protection mechanism. Objectives of the dissertation research are as follows:
define the concept of “gender”, “gender equality and inequality” in relation to Russian labor law;
carry out a historical analysis of tender relations, identify the specifics of their formation and development;
analyze the problem of gender equality in Russia and foreign countries;
identify gaps in Russian labor legislation in the legal status of men and women;
consider the possibility of using international experience in further improving Russian labor legislation;
determine the main directions for developing a gender equality strategy in Russian labor law.
Object of study are social relations that arise in the process of implementing legal norms concerning equal rights of women and men in the field of labor relations.
Subject of research there is a complex of theoretical and practical problems in the process of regulating gender relations in labor law.
Theoretical and methodological basis were based on fundamental concepts and hypotheses presented in the works of classics of law and modern studies of domestic and foreign scientists on the position and role of women in public life: A.A. Abramova, E.M. Akopova, S.S. Alekseeva, N.G. Alexandrova, L.Yu. Bugrova, N.V. Vasilyeva, S.Yu. Golovina, K.N. Gusova, F.O. Dzgoeva, I.K. Dmitrieva, I.G. Dudko, E.N. Ershova, A.D. Zaikina, I.Ya. Kiseleva, R.Z. Livshitsa, A.M. Lushnikova, M.V. Lushnikova, SP. Mavrina, G.V. Mertsalova, V.I. Mironova, T.M. Moskvicheva, A.F. Nur-tdinova, Yu.P. Orlovsky, SV. Polenina, N.G. Prisekina, L.S. Rzhanitsy-
noah, I.O. Snigireva, V.G. Soifer, L.S. Talya, V.N. Tolkunova, N.N. Sheptulina, G.F. Shershenevich and other scientists.
The works of academic specialists in the theory of law, related branches of law, works in philosophy, economics and other social sciences are analyzed.
The empirical basis of the study included: international legal acts, legislation of the Russian Federation, regulatory legal acts of constituent entities of the Russian Federation, as well as social partnership agreements at various levels, collective agreements, and judicial acts.
When preparing and writing the dissertation, a variety of research methods were used, including dialectical, historical-logical, system-complex, structural-logical, statistical and factor analysis methods.
Degree of development of the problem
Over the past few years, domestic lawyers have conducted a number of studies on gender issues and published works on gender theory.
The problem of forming gender equality is reflected in the works of such domestic scientists as I.G. Dudko, S.V. Potapova, S.V. Polenina 1, as well as A.M. Lushnikova, M.V. Lushnikova, N.N. Tarusina and some others, whose research is devoted to the problems of equal rights and equal opportunities for men and women.
Issues of gender policy and gender asymmetry were considered by N.V. Dosina, E.V. Kochkina 4, N.M. Mitina 3, L.B. Samakova 6.
Despite the growing interest in gender studies, many aspects remain outside the attention of scientists. This is due, on the one hand, to the relative
1 Dudko I.G., Potapova S., Polenina S. Gender equality. The problem of equal rights and equal care
capabilities of men and women: A textbook for university students. - M., 2005. - P. 296.
2 Lushnikov A.M., Lushnikova M.V., Tarusina N.N. Gender equality in family and work: Legal notes
stov: Monograph. - M., 2006. - P. 288.
3 Dosina N.V. Gender policy in the context of social transformation of Kazakhstani society:
dis. Ph.D. polit, science - M., 2005.
4 Kochkina E.V. Gender asymmetry in the power structures of the Russian Federation: problems of political
legal regulation: Dis. Ph.D. polit, science - M., 2004. - P. 176.
5 Mitina N.M. Political participation of Russian citizens at the turn of the 20th-21st centuries: tender strategy:
dis. Doctor of Political Sciences. - M., 2005.
6 Samakova L.B. Gender policy in the context of social transformation of Kazakh society:
dis. Ph.D. polit, science - M, 2005. P. 56.
7 the strong youth of this direction, on the other hand, the specificity of the socio-economic processes taking place in our country. In general, the concept of “gender equality” has been established in modern legal science, but its content has not been sufficiently studied, which determined the purpose and objectives of the presented dissertation research.
The dissertation was written on the basis of research and scientific analysis of international legal documents in the field of human rights, gender equality, labor legislation of the Russian Federation and foreign countries, domestic and foreign literature.
Scientific novelty is that the dissertation is the first comprehensive study in which the main legal problems of gender inequality in Russian labor law are identified and ways to solve them are proposed.
Provisions of the dissertation submitted for defense:
For Russia, the problems of hidden rather than direct gender discrimination are more relevant. Therefore, the tasks of ensuring gender equality in our country should be different from those formulated for the world community as a whole. The problems of gender equality in our country have a broader interpretation and should be considered not so much from the point of view of ensuring real equality of women's rights, but from the point of view of overcoming gender imbalances, which also worsen the situation of men.
The sovereignty of the family as a single subject of labor relations should be reflected in the system of appropriate benefits to the extent that such benefits are not determined by the physiological characteristics of the female body. It is the family that must decide which of the family members will be employed in the sphere of public or domestic labor, which of the family members will take advantage of the guarantees, compensation and benefits provided for by labor legislation.
It is substantiated that the combination of women’s work with family responsibilities is facilitated by such a form of employment as working at home. We believe that Chapter 49 of the Labor Code of the Russian Federation “Features of regulation of the work of homeworkers” does not fully reflect the specifics of this work activity. The traditional definition of the concept of “labor relations” (Article 15 of the Labor Code) is not entirely applicable to the relationship between homeworkers and the employer. The current head of the Labor Code of the Russian Federation proposes that the specifics of regulating the work of homeworkers should be determined by an employment contract. We believe that a centralized order is necessary, namely the adoption by the Government of the Russian Federation of a regulatory legal act on home work. The provisions of this regulatory legal act are proposed in this study.
The modern system of legal protection for workers needs reform. It is necessary to extend the benefits provided exclusively for women to men and the family as a whole.
It is proposed to supplement and set forth Part 6 of Art. 2 of the Labor Code of the Russian Federation “Basic principles of legal regulation of labor relations and other relations directly related to them” as follows: “equality of rights and opportunities for workers, equal pay for work of equal value.”
Proposals have been formulated to improve the legal support for equal rights in labor relations between women and men.
It is proposed to introduce a norm into the Labor Code of the Russian Federation providing employees with family responsibilities who have interrupted their working career for a period of more than one year in connection with child care, the opportunity to study under advanced training programs or obtain another specialty at the expense of the employer.
Informational and empirical basis of the study are documents of government bodies of the Russian Federation, documents of the UN and ILO, materials of official statistics, publications in the Russian and foreign press, materials from the global Internet.
Theoretical significance of the study is determined by the fact that it develops an insufficiently developed scientific direction in the theory of labor law related to the analysis of the formation and development of tender relations. The materials of the provisions and results of the study contribute to a comprehensive understanding of the problem of the development of labor law in Russia.
Practical significance of the study is that the proposals developed can be useful in the activities of legislative and executive authorities at both the federal and regional levels for the further promotion of national projects aimed at optimizing tender relations and solving tender problems.
The results of the dissertation can be used in the preparation of teaching aids, lectures and materials for seminar classes.
Approbation of research results carried out in the following main areas:
when discussing and approving this work at a meeting of the Department of Civil and Labor Law of the Faculty of Law of the Mountain State Agrarian University, where it was reviewed;
in the author’s speeches at the International Scientific and Practical Conference “Guarantees for the implementation of citizens’ rights in the field of labor and social security. Practice of application of labor legislation and social security legislation”, held at Moscow State Law Academy in 2005.
The main provisions of the work are presented in 4 publications, with a total volume of 2.2 pp.
Structure of the dissertation. The work consists of an introduction, three chapters, a conclusion, and a list of sources used.
The concept of gender equality
The differentiation of the legal regulation of labor between men and women is not only a legal, but also a complex socio-economic problem, covering the political and ethical aspects of public life.
The need to study and take into account this aspect has led to the fact that in recent years a new concept of “gender” has entered the lexicon of social sciences.
The emergence of gender studies as a fundamentally new methodological approach to the study of not only men and women, but also the entire life of society as a whole is one of the most striking phenomena in the scientific life of the twentieth century.
The topic of gender, the concepts of "male" and "female" have been discussed in traditional philosophical, sociological and psychological theories. The prerequisites for the traditional analysis of these problems were the ideas about the fundamental biological difference between women and men, women's secondary status and, accordingly, the “naturalness” and natural predestination of male dominance in society.
Gender theory examines the problem of differentiation between men and women in society from a fundamentally different perspective. Its basis is the idea that almost all traditionally considered “natural” differences between the sexes have social rather than biological foundations.
The first gender studies appeared in the second half of the 20th century in the West. The development of industrial society has created the prerequisites and the need for the widespread participation of women in social production. The development of mass production, urbanization processes, the emergence of new technologies
gies that provide lower costs of physical labor have led to a steady increase in demand for female labor. Women gained access to education, which contributed to the growth of women's self-awareness and a change in the system of social values. This, in turn, led to a change in the role and social status of women in society, which naturally affected the change in the social status of men, and any changes arouse research interest.
Meanwhile, recently the relevance, feasibility and practical significance of taking into account the gender factor (using a gender approach) in the development of human potential has been emphasized in many official documents of the world community, and is also noted in modern scientific research. The main idea of all documents is that the development of the human potential of society implies taking into account the gender factor, because the development of society involves expanding the opportunities of all people, regardless of their gender, age, race, nationality. The documents emphasize the need to take into account the gender factor in all matters relating to the life of society and the inclusion of a gender approach in all developed programs, which will purposefully contribute to progress in the development of mankind. These are documents of the UN, the Russian Federation, and countries of the world community, establishing norms for the eradication of all forms of discrimination based on gender, age, race, nationality and equal opportunities for access to the social benefits of society. They reflect issues of equality in work, education, politics and family relations.
In this regard, it becomes important to understand what is meant in modern science by the concepts of “gender” and “gender approach”.
There are a large number of definitions of “gender” in modern literature. Recently, gender has been viewed as a whole complex of concepts. The fact that gender does not have a universal definition is its peculiarity. Although gender research goes back decades, discussions about the definition of this concept continue.
Gender (from English gender) - genus, sex, give birth. The term “gender” appeared in English-language philosophical and sociological literature in the late 1960s. Before this, it was used only in linguistics, as a grammatical category of gender. The meaning of its borrowing by sociologists and philosophers is to emphasize that differences between the sexes in the division of social labor, roles in the family, segregation of social space based on gender are as conventional as the gender of nouns. The same applies to gender differences in cultures and among different generations of people within the same culture.
In modern science, there is an opinion1 according to which the content put into the term “gender” goes back not to the meaning of the English word gender - grammatical gender, but to another meaning of this word found in the American Heritage Dictionary: gender - representation, presentation. This is precisely the representation of an individual (man or woman) in the entirety of his physiological and social essence with an emphasis on the social.
The concept of gender is not only applicable to women and is not an entirely women's issue. Gender is not a purely female issue, but a relationship between the sexes. Therefore, it fits into the social context of the distribution of power, prestige, property
Historical analysis of tender relations
Issues of equality between men and women have a long history and go through several stages.
The first stage in the development of human society - the tribal system - as is known, was characterized by the equality of all people, men and women. The woman was an equal member of society, took part in the work of public meetings, was elected to various public positions, goddesses, holidays, and natural phenomena were named after her. Life had a feminine principle and was called matriarchy.
But during the period of modern civilization, a woman’s former independence was replaced by enslavement, her rejection into the background, and exclusion from public life. The process of discrimination against women that began took thousands of years and continues in indirect forms to this day.
In the 20th century, many states proclaimed the equality of men and women, and from that moment the second stage began - hidden or indirect violation of human rights. Formally, the state declares the equality of men and women in all spheres of activity, but in fact it does not ensure the implementation of this principle. And it should be noted that most of the formal norms, not secured by state coercion, concern specifically the rights of women, the main of which are their labor rights.
At the beginning of the 21st century, fundamentally new urgent problems are being put forward to determine the place of women in modern society, without solving which further progress of mankind is impossible. In these conditions, it is very important to recognize the differences in the views of women themselves, as well as to find differences in those areas where women can have the same labor rights as men.
A short excursion into history makes it possible to verify that women have actually always worked, but their work was not always regulated by law.
In Russia, a factor in restricting women's rights are stereotypes, which are simplified, deformed, value-oriented ideas about any phenomenon, in this case, about the “destiny of women.” During the years of construction of the Soviet state, the basis of such stereotypes was the myth of the Soviet woman who sacrificed her personal life to the great idea of building a bright future.
This myth was supported and fueled by a whole galaxy of works of socialist realism. Under Soviet power, there was an attempt to ensure equal rights for the sexes, but at the same time women were involved in production and public life and this was not compensated for in any way. Women began to bear double the burden, and as a result, in the 70s, a wave of conservative consciousness began among representatives of both sexes in favor of returning women “to the family.” With the rise of M. Gorbachev to power and his idea that “a woman must be freed and given the opportunity to spend more time at home,” the concept of the “natural destiny” of women was revived. There was a shift in emphasis in gender stereotypes and the image of either a fashion model or a housewife and faithful wife began to be promoted.
The development of market relations certainly influenced changes in the social structure of society, as well as the role structure of each individual. Now there are evolutionary changes in views on a woman as a professional, qualified worker who has the abilities and personal qualities necessary for a career. Women are faced with difficult problems of adapting to a reforming environment and searching for self-identification in the created market culture.
Unity and differentiation of labor law norms regulating the work of women
The unity and differentiation of labor rights and responsibilities is a complex and multifaceted phenomenon. In the most general form, the unity of labor rights and obligations is manifested in the equality of rights and obligations of participants in social relations based on an employment contract, regardless of the scope of labor, as well as in the equality of methods for protecting their rights and legitimate interests. In turn, the differentiation of labor rights and obligations involves the establishment of differences, exceptions, preferences and restrictions in the legal regulation of labor relations of certain categories of workers.
The term “differentiation” itself is not used by the legislator, but differences in the legal regulation of labor relations have always been inherent in labor law." In the science of labor law, differentiation of the legal regulation of labor relations was initially studied from the position of objective factors brought to life by differences in the forms of socialist property, the characteristics of individual sectors of the national economy, unequal climatic conditions, etc. However, since the late 60s of the 20th century, subjective factors of differentiation have also attracted the attention of scientists1.
In some cases, these included the physiological characteristics of the body of women, and in others, the gender and age characteristics of the employee.
The phenomena of differentiation in labor law are numerous and varied. Differentiation in a broad sense is usually understood as any difference in norms, depending on certain conditions. The task of differentiation includes the individualization of the general legal norm in relation to certain categories of workers who have different physiological characteristics or work in different conditions, regions, etc.
In a broad sense, differentiation can be understood as any gradation in norms, depending on certain conditions. However, when considering the differences in connection with the system of the branch of labor law, one should keep in mind not these phenomena, but the norms for different categories of workers that arise from the nature and content of labor relations. With the help of their regulation, the specific application of legal norms is ensured, taking into account both objective factors characterizing the place and working conditions of a citizen, and personal properties related to the employee himself. The task that differentiation is intended to solve is to individualize the general legal norm in relation to certain categories of workers who have unequal abilities or work in different conditions. The implementation of this task ensures the most effective impact of labor law on the social relations it implements.
In the science of labor law, differentiation standards differ depending on: 1) the subject of labor (women, disabled people, minors): 2) spheres and types of labor activity (civil servants, university teachers, doctors, television workers, etc.); 3) severity or harmful working conditions (reduced working hours, additional vacations); 4) natural features of the area (regions of the Far North and areas equivalent to them, high mountain areas); 5) specifics of labor relations (seasonal work, temporary or home workers, etc.). These grounds for differentiation are generally accepted in the legal literature and are highlighted by the majority of representatives of the science of labor law.
So, what features (in other words, factors) influence the differentiation of workers into categories. In the science of labor law, the factors of legal regulation of labor are very diverse.
Most scientists (A.M. Kurennoy, A.S. Pashkov, V.N. Tolkunova, E.B. Khokhlov and others) distinguish two groups of these factors: - objective factors, that is, those features that are associated with working conditions (specific production conditions of industries, including transport, medicine; natural and climatic conditions, for example, the Far North; form of ownership); - subjective factors are directly related to the employee’s personality (gender, age, health, profession).
B.A. Shelomov believes that the features of the legal regulation of labor of certain categories of workers should be based on objective factors, which include: subject composition, that is, the legal norm, regulating relations between certain subjects, must itself take into account the characteristics of these subjects; the nature and conditions of work, that is, the nature of work should answer the question of the purpose of the activity, and the working conditions - under what conditions (in the sense of the external environment) this activity is carried out; the nature of the labor relationship between the employee and the employer, which depends on the type of employment contract (for example, taking into account the mentioned factor
Legal means of ensuring equality of women and men in labor relations
According to the requirements of international standards, and also based on the fact that the principle of prohibition of discrimination is a general legal principle, the duty of the state is not only to proclaim the principles of equality and prohibition of discrimination, but also to implement them both in legislation and in law enforcement. One of the most effective means to achieve these goals is the introduction of appropriate legislation.
An analysis of the Labor Code of the Russian Federation shows an increase in the number of norms directly aimed at prohibiting discrimination in the sphere of labor activity.
At the same time, it is not only norms that directly refer to discrimination that are intended to contribute to the achievement of equality. According to the meaning and significance of this principle in labor law, all labor legislation must directly or indirectly serve the goals of achieving equality and eradicating discrimination. In the norms of labor legislation, the implementation of the principle of prohibition of discrimination is carried out both by specifying this principle in relation to individual relationships, and indirectly - by introducing norms aimed at ensuring equality and equal opportunities.
Ensuring the implementation of the principles of equality and the prohibition of discrimination is carried out through a number of legal means.
A.V. Malko characterizes legal means as legal phenomena, expressed in instruments (institutions) and actions (technologies), with the help of which the interests of subjects of law are satisfied and the achievement of socially useful goals is ensured. As legal means, he identifies: norms and principles of law, law enforcement acts, legal facts, subjective rights, legal obligations, prohibitions, benefits, incentives, punishments, and so on1.
A broad understanding of this legal category is present, for example, in the scientific works of S.S. Alekseeva. In his opinion, the system of legal means with the help of which legal regulation is carried out includes legal norms, legal relations, individual instructions, etc." Thus, in the interpretation of S.S. Alekseev, the category of legal means does not form "any special, fundamentally different from the traditional phenomena of legal reality recorded in the generally accepted conceptual apparatus." The content of this category covers "the entire range of legal phenomena at various levels with the only peculiarity that they are isolated and considered not from the standpoint of the needs of legal practice, but from the standpoint of their functional purpose, those features that characterize them as tools for solving economic and other social problems”3.
In turn, K.K. Lebedev, assessing the above definition of legal means by S.S. Alekseeva, noted that legal norms or regulations themselves cannot be considered as legal means, since these are only specific legal instruments (levers) that are used by subjects of legal relations in their activities, for example: contract, liability, operational sanctions, protective measures, claims , lawsuits, etc."
It seems that both of these points of view have a right to exist.
Analysis of the content of the category of legal means is carried out not only by the theory of law, but also by branch legal sciences: this kind of research is also carried out in the science of labor law. The most detailed description of the legal means of labor law was given by V.I. Kurilov, defining them as a substantive (as opposed to functional) legal phenomenon, a legal toolkit that, in its entirety, forms a mechanism for the legal regulation of social and labor relations. Legal means include norms of law, legal relations, subjective rights and obligations, etc. I approached the disclosure of the content of this category in the joint venture in a similar way. Mavrin, who, however, introduced into scientific circulation a terminologically slightly different legal category called “means of legal regulation.” He defined these means as a relatively independent legal phenomenon, representing a legal toolkit that together forms a mechanism for the legal regulation of social relations.
The basis for the use of general legal remedies is the same labor rights for men and women, which are provided for in Art. 21 Labor Code of the Russian Federation. Among these rights are the employee’s rights to: protect his labor rights, freedoms and legitimate interests by all means not prohibited by law; resolution of individual and collective labor disputes (including the right to strike); compensation for damage caused in connection with the performance of labor duties; compensation for moral damage; compulsory social insurance in cases provided for by federal laws and in the manner established by the Labor Code of the Russian Federation and other federal laws.
Special legal means of protecting women are provided for by Chapter 41 of the Labor Code of the Russian Federation, which establishes the specifics of regulating the labor of women (Article 252 of the Labor Code of the Russian Federation). In accordance with Art. 251 of the Labor Code of the Russian Federation, the peculiarities of labor regulation recognize norms that partially limit the application of general rules on the same issues or provide additional rules for certain categories of workers.
Human society cannot develop harmoniously if the role of women is diminished in it, because the position of a woman, like a litmus test, reveals the true degree of civilization of a particular social community, and also unmistakably reflects the degree of commitment of its members to the principles of humanism and mercy.
The question arises: what are the limits of gender equality, can such equality be complete?
There is such a concept : social discrimination against women. It means restriction or even deprivation of rights based on gender in all spheres of society: labor, socio-economic, political, spiritual, family and everyday life. Such discrimination leads to a decrease in a woman’s social status and is a form of violence against her personality and, therefore, a threat to her safety.
The essence of the idea of equality between men and women is that in terms of their intellectual and physical potential, a woman is in no way inferior to a man. For women there are no fundamentally closed, inaccessible areas of mental and physical labor. No law should prohibit a woman from engaging in this or that business or mastering this or that profession. Her sacred right is complete freedom to choose the types and forms of activity for self-realization. But such a formulation of the question, of course, does not mean that the physiological characteristics of women cannot limit their professional responsibilities. Hence the conclusion follows that gender equality, while not absolute, can be quite complete and comprehensive.
In Russia after 1917, the main vector of movement towards gender equality passed through the economic liberation of women. Women were given wide access to education. The state has recognized its responsibility to care for motherhood and childhood. It is significant that already in December 1917 a special department for the protection of motherhood and infancy was created. At the end of 1917 and beginning of 1918, decrees appeared aimed at protecting the labor of women. It was prohibited to use female labor in underground and some other heavy work, on night shifts, and overtime. By decree of the National Central Executive Committee of December 22, 1917, a cash benefit for childbirth was introduced in the amount of full earnings for eight weeks before childbirth and eight weeks after childbirth. Additional benefits were provided to the employee during the period of feeding the child.
In subsequent years, a significant number of regulations were adopted on benefits provided to women during maternity.
In accordance with Article 255 of the Labor Code of the Russian Federation Working women, upon their application and on the basis of sick leave, receive maternity leave of 70 calendar days before childbirth and 70 calendar days after childbirth. If the pregnancy is multiple, prenatal leave is increased by 14 days. Complicated childbirth adds 16 days to postpartum leave, and the birth of two or more children allows you to be on maternity leave for 10 calendar days. During this period, women are paid state social insurance benefits in the amount established by federal laws. If desired, a woman can take parental leave until the child reaches the age of three years. On January 1, 2007, Federal Law No. 256-FZ of December 29, 2006 “On additional measures of state support for families with children” came into force. This is true
called the Law on Maternity Capital in the amount of 250 thousand rubles for every second child and subsequent children born after January 1, 2007. This amount is subject to indexation (in particular, in 2009 it amounted to 299,731 rubles 25 kopecks) (Fig. 3) .
It should be especially noted that our country currently has sanitary rules and regulations that define mandatory hygienic requirements for production processes, equipment, main workplaces and sanitary facilities for working women in order to protect their health. These regulatory documents apply to enterprises, institutions and organizations of all forms of ownership. The purpose of these documents is to: prevent the negative consequences of the use of women's labor in production conditions; creation of hygienically safe working conditions, taking into account the anatomical and physiological characteristics of the female body; maintaining the health of working women based on a comprehensive hygienic assessment of factors in the working environment and the labor process.
Rice. 3. Presentation of a certificate of maternity capital
For example, the presence in the workplace of chemicals of hazard classes I and II, pathogenic microorganisms, as well as substances with allergenic, carcinogenic, mutagenic effects, is a contraindication for the work of women of childbearing age.
With the increasing involvement of women in social production, some negative trends have emerged that have not yet been overcome. Already in the 1960s. Experts drew attention to the excessive workload of women in the national economy and in everyday life and, as a consequence of this, to the deterioration in the health of working women and new generations. The birth rate in the country gradually began to decline. An increase in child neglect can also be attributed to a specific women's problem. Unfortunately, this problem remains acute to this day. Women have supplanted men, they increasingly occupy senior positions in business, play a prominent role in politics, even women ministers have appeared (although in fairness it should be recalled that there were women ministers in Soviet times), but many of them do not fulfill her main purpose is to be a real mother. Over a million street children by the beginning of the 21st century. - this is a shame for Russia, and if appropriate measures are not taken to strengthen the family, the shocking figure will increase even more.
Women-mothers should be surrounded with special honor in the country, so the state needs to once and for all solve the problem of comprehensive and effective support for this particular category of women. We can only hope that over time our country will become for the whole world an example of a humane and caring attitude towards issues of motherhood and childhood, an example of reasonable equality of men and women in all spheres of society without exception.
Questions for self-control
1. How has the social role of women changed in different historical eras?
2. What does the concept of “social discrimination against women” include?
3. How was the problem of women's equality solved in our country?
4. Is the production activity of women subject to difficult and hazardous working conditions regulated?
5. What, in your opinion, are the ways to solve the problem of gender equality in our country?
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