Oldal 19 [19]
EQUAL RIGHTS BETWEEN SEXES
Philosophical and practical issues of equal rights, anomalies,
excerpts from criminal and labour laws
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INTRODUCTION
After the first generation of human rights — the civil and political rights and
liberties (the right to vote, freedom of religion, freedom of expression, the right
to legal capacity, etc.) — had been codified, an even more sophisticated codifi¬
cation followed with the second generation of human rights introducing the
fields of economic and social rights. Guaranteeing the right to work and edu¬
cation for women equalled a significant social opportunity and opened the way
for them to the areas outside the family. Simultaneously, the United Nations
and the Council of Europe have also included agreements in their defence
activities solidified with regards to requirements of equal treatment, i.e. the
prohibition of discrimination.
Therefore, the prohibition of discrimination itself is not just another right
in the international catalogue of human rights, but has become a cornerstone
of the application of human rights.’
It has also rapidly become clear that, in order for fundamental rights to be
put into practice, equality before the law will not suffice — equal opportunities
must be realized.
Despite the recognition of the above, despite the fact that the equal rights
are guaranteed at the national and the international level, despite the require¬
ment of equal treatment, despite the cogent legislation on non-discrimination,
direct and indirect gender discrimination continues to exist. It can still be
observed, for example, in the underrepresentation of women in leadership
roles, in the dilemmas of work-life reconciliation (which markedly affects
women), and in lower wages. But discrimination is also present in job inter¬
views. This refers primarily to employers who still look to a particular group
of women as a “dangerous workforce”,* because domestic parenting or nurtur¬
ing roles are still predominantly the responsibility of women (“disadvantage
of maternity”). Despite the fact that both national and international regulations
? Kazuska, M.: A diszkrimináció tilalma az Európai Unióban, Sectio juridica et politica, Miskolc,
Tomus XXIX/1, 2011, 225.
3 Monori, G.: Esélyegyenlőség és feminista jog — a női jogok pragmatikus érvényesülése. PhD
thesis, Pécs, 2011, https://ajk.pte.hu/sites/ajk.pte.hu/files/file/doktori-iskola/monori-gabor/
monori-gabor-vedes-ertekezes.pdf (accessed 12 October 2019), 144.
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