Granì (Apr 2017)
Gender-discriminative accents of the Ukrainian family legislation: social and moral aspect
Abstract
The article deals with the problem of gender inequality and gender discrimination against human by means of the legal regulation by the Family Code. As a result of the research, the conclusion has been made that the transformation of gender relations on the level of socio-normative regulation should lead to the achievement of the real, rather than formal equality of genders in marriage and family relations. It has been stated that instead of traditionally disparate (matriarchal, tendentious and androcidarical) distribution of roles between men and women, the concept of the equality, that provides equal opportunities for both partners must come. Thus, the issue of women’s socio-gender status, which is offered or may be offered to them in society, where the matriarchal-geterical type of gender differentiation replaces the egalitarian type, arises from the social life by itself. Gender analysis of the current Ukrainian family legislation gives an adequate response to it. It has been proven that the elimination of gender discrimination is a key imperative of the regulation and institutionalization of family relations provided the implementation of a package of measures, which make the long-term impact on society and its institutions. This will allow overcoming the matriarchal racism and women sexism and will end the long period of gender inequality and injustice, when the male part of the Ukrainian population was subjected to hidden gender discrimination through the breach of the socio-normative parity of both genders representatives in the legal institutionalization of the family. As to the author, the strategic goal of gender relations’ transformation in the family and legal sphere is to change the culture of gender interaction, to replace hierarchical relationships by the partnership, to bring the values of peacefulness and life-creation as the core values of the educated androcracy to the social consciousness. Understanding of the fact that gender is not a basis for the discrimination in any sphere of public life is the key to the positive social transformation. Discrimination on all other grounds of social stratification (class, national, racial, political, cultural, etc.) in an egalitarian society is not only illegal, but also incompatible with the effective social morality.
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