Feminist jurisprudence : gender equality in law

Abstract

The aim of the study is to find out whether the legal advances that brought about gender equality in Malta were the result of lobbying by the Feminist Movement, which came into being after the Second World War. Taking part in this qualitative research are six participants, five women who were or had been active in women's organisations, and one male, a medical doctor, who for a number of years also served as a Member of Parliament on the government side. A couple of the women interviewed were also active in politics - at the local and national level. One thing that these interviewees had in common was their keen desire to see gender equality at law and in practice. They all (with the exception of the male participant) had taken the conscious decision to join a women's organisation when they realised that women in Malta had an unequal status, and that they were being discriminated against with the blessing of the legislators. These women were not happy just to voice their dissent about the undemocratic aspect of this situation, but they decided to do something concrete to see the elimination of discrimination, and to promote gender equality. The study consisted of a face to face interview, in a public but quiet place, where the interviewees were asked ten questions. One participant had to be contacted by email as she found it difficult to fix a meeting for the interview. Most of the questions were open ended, and the interviewees were encouraged to elucidate. All questions and answers in the interview were recorded on a digital recorder. The recordings were transferred to a PC, and with an audio programme it was easy to go back and forth, to a precise location as many times as needed. Codes were extracted from the transcriptions, and themes built from the amalgamation of the codes. The study indicates that although the legislators make the laws, the movements were quite efficient to bring their messages across to the legislators, either through a political party or through direct pressure. What has also been noted is that although these participants come from different political sides, they often worked in unison with a focused aim. Participants agreed that there's still need for women's organisations. They were also in agreement that although legal equality has been achieved - mainly through the elimination of discriminatory legislation and by the enactment of new laws regarding gender equality, indirect discrimination still exists. The culture change is taking place more gradually, and further measures are needed, mainly: to help empower women, particularly through education and training; to eliminate all forms of violence against women; and to find the right work-life balance, not only for women but for the rest of the family. From the research it has also transpired that the implications of these findings entail further national policies and strategies to address the issues.