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STRUCTURES
OF DISCRIMINATION
University of Toronto - Faculty of Law
Macalester International Journal,
Vol. 28, pp. 33-60, Spring 2011
Abstract:
This essay argues that, in order for
women and men to be fully equal, we need to understand the structures of
discrimination; that is, the forms of the subordination that are deeply rooted
in how we stereotype women and men in ways that deny them benefits or impose
burdens. The essay explores how gender stereotypes have contributed to: the
failure of the criminal justice system to investigate the disappearances of
young women; women’s unequal access to reproductive health services; and
discrimination in polygamous family structures.
Conditions for stratification and subordination of women exist when wrongful
gender stereotypes are socially pervasive across sectors, and persistent over time.
In understanding how restrictive stereotypes of women are pervasive and
persistent in criminal law, health law and family law, one is better equipped
to dismantle structures of discrimination more generally.