Gender and Law

Gender and Law Abstract This diploma thesis is concerned with the relationship of gender and law. It uses the example of unequal pay to analyze both lasting gender structures which exist within our society and their reflection in legislation. Firstly it addresses the equal pay regulation within the current Labour Code and its provisions and attempts to discover social and cultural phenomena which permanently maintain and sustain pay inequality, despite the supposed equality guaranteed by the legislation. It offers a critical look at the legislation in view of its insufficient real effect on extra-legal reality. Finally it analyzes the whole problem through the eye of feminist legal theory and tries to find alternative means of regulating gender equality. This thesis then firstly describes the approach to pay equality adopted by legislation, with its advantages and disadvantages, and the government gender policy which covers each of these regulations. The second part of the thesis deals with the statistical data pertaining to unequal pay and analyzes societal causes of persisting unequality such as segregation of the labour market or employee discrimination. The final part of this thesis addresses the development of feminist legal theory, its leading thoughts and ideological disputes and its strategies for..