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IZOLDA TAKÁCS: THROUGH A GLASS DARKLY
state that women bearing children must not be disadvantaged,’ it is often al¬
most impossible to seek legal redress in such cases due to the difficulty of
detecting the gender disparity in organisational structures in the case where
they are rooted in the injustice stemming from deep-seated norms i.e. ar¬
chaic gender roles.® Traditional beliefs and stereotypes based thereon provide
the basis for criminal cases of structural violence, which needs to be addressed
being an extremely important human rights issue.
This chapter outlines the rules that have created full gender equality, start¬
ing from the first generation of human rights to equal treatment and then
dealing with positive discrimination, also briefly referring to the theoretical
foundations. The chapter also points out areas where, besides ius cogens, the
disadvantages of women in everyday practice have remained particularly sig¬
nificant. Thus, the second part of the chapter addresses the main issues of
criminal law and workplace discrimination, supported by examples. This is
necessary because examples of labour law and criminal justice practice most
clearly illustrate why it is not enough to ensure equality before the law. At the
same time, the need for much more gender-sensitive legislation and legal re¬
dress is being formulated, especially in the areas mentioned above.
THEORETICAL FOUNDATIONS OF HUMAN RIGHTS,
EQUAL TREATMENT AND EQUITY
The issue of gender equality is based on the moral and philosophical values of
equality and justice and the requirements of the enforcement of universal hu¬
man and moral rights." In other words, the starting point is the principle of
ensuring egual rights, which is in turn based on human rights and natural
right principles providing the foundation of legal documents after World War
II. The question can be posed whether natural rights presuming that every
person has equal human rights and dignity did not exist before. According to
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Charter of Fundamental Rights of the European Union Article 33. (1) The family shall enjoy
legal, economic and social protection. (2) To reconcile family and professional life, everyone
shall have the right to protection from dismissal for a reason connected with maternity and
the right to paid maternity leave and to parental leave following the birth or adoption of a child,
https://www.europarl.europa.eu/charter/pdf/text_en.pdf (accessed: 14 October 2019).
Eagly, A. - Carli, L. L.: Women and the Labyrinth of Leadership, Harvard Business Review,
2007, https://hbr.org/2007/09/women-and-the-labyrinth-of-leadership (accessed 12 November
2019).
Czibere, I.: , Az asszonyok történetének megírásáról elfeledkezett még a történelem is" —
A nőtudomány útja az intézményesülésig, Metszetek. Társadalomtudományi Folyóirat 2014/3(3),
25, http://metszetek.unideb.hu/files/201403_02_czibere_ibolya_0.pdf (accessed: 12 November
2019).
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