The Principle of Equal Rights and Freedoms of Men and Women: Current State and Prospects
Abstract
Equality is the most important principle of interaction and mutual relations between people, being one of the main social and legal regulators of social relations, reflecting the degree of equal importance of their subjects to society and the state, the availability of equal rights, freedoms and duties for citizens, as well as opportunities for their implementation. The principle of equal rights and freedoms of men and women is one of the most revealing examples of the existence of problems of establishing and implementing the constitutional principle of equality. The degree of development and implementation of the principle of equal rights and freedoms of men and women is one of the most important indicators of the rule of law, in which a person is recognized as the highest value regardless of gender. The article examines the current state of the principle of equal rights and freedoms of men and women in Russia, using the example of the National Strategy for Women's Action for 2017-2022, approved by the Russian Government. This legal act objectively and comprehensively reveals the existing stage of development of the principle of gender equality, reflecting the existing imbalance of the relevant relations, which is based on the idea of the need to provide women with additional rights and privileges in order to overcome the historically established stereotype of their secondary roles and significance for society. The author comes to the conclusion that the paternalistic model of the state's relationship to women remains, which creates the prerequisites for violating the principle of sexual equality in the absence of the necessary grounds for this. At the same time, ignoring by the legislator the need to improve the legal status of men, including as individuals with family responsibilities, is the cause of a violation of the balance of rights and freedoms of men and women. The most important task for the legislator to implement the principle of equal rights and freedoms of men and women is the development and implementation of state gender policy.
References
Akimova Yu.A. (2016) The principle of gender equality in the modern states under constitutional law. Sovremennoe pravo, no 12, pp. 136-143 (in Russian)
Azarova E.G. (2010) Equality of genders and social security of citizens and their children. Zhurnal rossiyskogo prava, no 9, pp. 13-24 (in Russian)
Danilenkov A.V. (2014) Fathers rights in Russia: myth or reality. SPS Garant (in Russian)
Danilenkov A.V. (2013) Age census of a child as a way of unjust limitation of fathers rights in the RF. Semeynoe i zhilischnoe pravo, no 2, pp. 10-15 (in Russian)
Dergunova V.A. (2016) The Declaration of children's rights in resolving disputes on the place of residence for children. Advokat, no 11, pp. 50-54 (in Russian)
Kakitelashvili M.M. (2016) On the gender discrimination. Zakony Rossii: opyt, analiz i praktika, no 6, pp. 95-99 (in Russian)
Korsanenkova Yu. B. (2010) Gender equality in social security relations and child allowances. Sotsial'noe i pensionnoe pravo, no 2, pp. 10-12 (in Russian)
Lapaeva V.V. (2012) Konstantin Markin v. Russia in context of social sovereignty. Sravnitelnoe konstitutsionnoe obozrenie, no 2, pp. 77-90 (in Russian)
Lebedev V.A. (2015) The concept of rights and freedoms as element of Russian nationalism. Konstitutsionnoe i munitsipal'noe pravo, no 12, pp. 3-8 (in Russian)
Lushnikov A.M. (2015) Women's rights in the Russian labor law. Aktual'nye problemy rossiyskogo prava, no 3, pp. 182-189 (in Russian)
Maksimov A.A. (2016) Ensuring equality in labor for men and women. Trudovoe pravo v Rossii i za rubezhom, no 1, pp. 13-16 (in Russian)
Petrov A. Ya. (2016) Legal regulation of work safety for women. Zakonodatel'stvo i ekonomika, no 7, pp. 31-37 (in Russian)
Slepko G.E. (2014) The gender inequality in family and military law. Semeynoe i zhilischnoe pravo, no 6, pp. 29-33 (in Russian)
Shahova E.S. (2016) On reforming social security. Semeynoe i zhilischnoe pravo, no 4, pp. 25-29 (in Russian)
Vorobyov E.G., Pechenev E.G. (2014) The gender inequality of military servicemen. Pravo v vooruzhyonnykh silakh, no 7, pp. 97-110 (in Russian)
Women and men in Russia (2019). Moscow: Rosstat, 208 p. (in Russian)
Copyright (c) 2020 Law. Journal of the Higher School of Economics
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
