Oldal 20 [20]
OCR
IZOLDA TAKÁCS: THROUGH A GLASS DARKLY state that women bearing children must not be disadvantaged,’ it is often almost 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. archaic 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, starting 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 significant. 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 redress 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 human 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 > 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). u a +18 +
