Radical changes in gender policy of Western countries begin in the 60s under the influence of the second wave of the women’s movement. The creation of an effective state mechanism to ensure equal rights and equal opportunities provided a significant improvement in the status of women in all spheres of activity.
To write a successful research paper on equal rights amendment, the students should know that over the last thirty years in the United States, as well as in Western Europe, there was a revolutionary in its consequences socio-cultural transformation of the society. There was no the final eradication of discriminatory practices, argued for centuries, of course, nevertheless the progress in the field was obvious: the principles of equality and the value of women’s emancipation became an integral part of the gender policy in the USA.
In the 60-70s, the first phase of the strategy to ensure the formal legal principle of equal rights led to the assertion of “gender-neutral” practice. Furthermore, in the 80-90s, the transition to equal opportunities strategy asserts “gender-sensitive” policy of “affirmative action” and the special rights of women. The main stages of the evolution of this policy are closely related to the two major trends of women’s movement in the USA: liberal “women’s rights” and “radical liberation movement.”
In the 60-70s, in the heart of the feminist liberal discourse there was the problem of legal discrimination against women and the formation of anti-discrimination policy principles. The key concepts of this discourse becomes a dichotomy “equal” (the same) and “different.” As in the 60s in the United States the resurgent women’s movement was in the shadow of already reached its massive scope the movement for civil rights of black Americans, the strategy and tactics to combat discrimination on grounds of sex is largely determined by the scope of the debate on the racial problem.
In American jurisprudence, unlike in many Western systems, the concept existed to justify the legal inequality based on race and gender. A basic understanding of law in a democratic state requires application of the same standards to all, without exception. Legal doctrine formulated by the Supreme Court of the United States in the late XIX century gave an explanation of this principle. Legitimate in terms of the Constitution of the United States, was considered equal “treatment of persons who are in the same position.” Accordingly, discrimination could be recognized only by the practice of “unequal treatment of people who are in the same position.” Judicial doctrine was officially named “individual but equal” treatment. Lack of the female citizens rights equal with men was not contrary to the principles of the American rule of law, as men and women are in unequal position in nature. Thus, the courts of all instances received the legal justification of refusal to accept claims for discrimination based on race and gender.
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