The Political Contingency of Sex Discrimination Legislation: The Case of Australia

Abstract

There has been a marked shift away from social liberalism in many parts of the world which has profound ramifications for women, whose status remains contingent on the good graces of public institutions that remain resolutely masculinist. Neoliberalism, with its focus on the privatisation of public goods and promotion of the self within the market has become the dominant political ideology everywhere and is further undermining the interests of the majority of women. This essay will address the changing fortunes of sex discrimination legislation as a specific example of an initiative designed to improve the status of women. Australia will be used as a case study because of its passionate embrace of, first, social liberalism, and then, neoliberalism. Issues pertaining to affirmative action (positive action), intersection with human rights instruments, reporting requirements and incentives will also be addressed. Although Australia is a multi-jurisdictional federation, the essay will focus primarily on the federal arena in terms of legislative initiatives, policy and jurisprudence.

The Contradictions of Law Reform

“…60 By ignoring the collective responsibility of men and by focusing disproportionately on individual perpetrators, the law privileges masculinist perspectives and upholds the collective right of men to occupy dominant roles in both public and private life. 61 Since law is enmeshed within a carapace of neutrality, while continuing to reproduce hegemonic masculinity, it is more likely to be lagging in the rear than leading social change. Nevertheless, law's central legitimating and ideological role does require space to be accorded a feminist voice, albeit a small one, to satisfy the rhetoric of inclusion.…”