Gender Equality and the Limits of Law in Securing Social Change in Hong Kong

Barrow, Amy; Cheng, Sealing

doi:10.4324/9781315458458-6

Cited by 2 publications

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“…While there is research on women's socio-legal status in Hong Kong (Erikson and Byrnes, 1999;Kapai, 2013;Samuels, 1999), and there has been some analysis of the role played by institutional mechanisms in implementing laws and policies designed to support the advancement of women (Barrow, 2012;Barrow and Cheng, 2019;Ng and Ng, 2002;Petersen, 2002Petersen, , 2009Singer, 2000), there remains limited empirical data examining how the WoC operates (Barrow and Cheng, 2019). Existing research has largely traced the development of Hong Kong's anti-discrimination legislation (Lynch, 2014;Petersen, 2004) and evaluated the EOC's role (Kapai, 2009).…”

Section: Introductionmentioning

confidence: 99%

The promise and limitations of Hong Kong's Women's Commission as a vehicle to drive gender equality

Barrow

2023

International Journal of Law in Context

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Drawing on a qualitative study of Hong Kong's Women's Commission (‘WoC’), this article examines how institutional mechanisms for the advancement of women function in a hybrid regime that includes both democratic and authoritarian elements. Hong Kong has a rights-based legal framework and equality agencies that support the operation of equality laws and policies. Paradoxically, Hong Kong's political system is non-democratic, and Beijing's Central People's Government is exerting more direct control on the territory. Grounded in qualitative interviews conducted with WoC members, non-governmental organisations, and scholars in Hong Kong, this article concludes that the WoC's full institutional potential in drawing attention to gender inequalities has not been realised. The implementation of authoritarian governance practices also has implications for the WoC's composition and agenda and may inhibit the development of progressive gender equality strategies to advance the status of women.

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Section: Introductionmentioning

confidence: 99%

The promise and limitations of Hong Kong's Women's Commission as a vehicle to drive gender equality

Barrow

2023

International Journal of Law in Context

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“…Given that the SDO has been in operation for 25 years, one may expect that societal awareness of equal opportunities should now be higher. However, deep-seated social conservatism around sex, sexuality and gender identity persists (Barrow and Cheng, 2019: 84). The majority of interviewees acknowledged the EOC’s role in promoting the ordinances, but raised concerns about the continuing prevalence of sexual harassment and discrimination against women more broadly.…”

Section: Introductionmentioning

confidence: 99%

Hong Kong’s sex discrimination ordinance at twenty-five: Achievements, legislative change and continuing challenges

Barrow

2022

International Journal of Discrimination and the Law

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This article critiques Hong Kong’s Sex Discrimination Ordinance (SDO) as it turns 25, considering its achievements and impact, whilst highlighting continuing challenges for its operation. Although the Equal Opportunities Commission (EOC), the statutory body responsible for investigating and conciliating discrimination complaints, has promoted the ordinance and disseminated evidence-based research on sex discrimination, sexual harassment and pregnancy discrimination, the limited number of litigated cases has inhibited the educative impact of how discriminatory practices are perpetrated across a range of settings including in employment and the provision of goods and services. Politically contentious exemptions persist, and recent law reform does not go far enough in addressing the limitations of the SDO. Drawing on case law and qualitative research interviews with members of the EOC, scholars and non-governmental organisations, this paper questions whether Hong Kong’s SDO is coming of age. The article concludes that despite it 25-year history, there is much works that remains to be done to enhance societal understandings of gender equality.

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Gender Equality and the Limits of Law in Securing Social Change in Hong Kong

Cited by 2 publications

References 0 publications

The promise and limitations of Hong Kong's Women's Commission as a vehicle to drive gender equality

The promise and limitations of Hong Kong's Women's Commission as a vehicle to drive gender equality

Hong Kong’s sex discrimination ordinance at twenty-five: Achievements, legislative change and continuing challenges

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