Can the State Stop Sex Discrimination?

• In Event: Democratic Ideals and Practices given Discriminatory Conventions and Stereotypes

Abstract

This paper analyzes various state efforts to prevent, punish, and correct for the effects of discrimination against women. We distinguish between three types of contexts: 1) egregious discrimination is endorsed by formal laws, 2) discrimination is officially condemned but unofficially tolerated, and 3) discrimination is banned and the state plays an activist role in changing social norms. We argue that feminist approaches toward discrimination must be context specific. In context three, since state efforts often overreach, infringe on other important rights, and produce unintended and counterproductive effects, social forces and not the state should take the lead in combatting discrimination.

Authors

• Mala Htun, University of New Mexico

• Francesca R. Jensenius, University of Oslo