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Gender and Constitutional Change in the UK: substantive representation and domestic abuse policy in Scotland
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Recognition as representation
Recognition is integral to representation and citizenship. Although Fraser’s (1995,2003) discussions of the requirements of social justice do not explicitly use theframework of representation or citizenship, the general principles serve us well byemphasising the links between (in) equality and women’s agency. Social justice –alternatively understood as substantive representation and consequently substantivecitizenship – requires the combination of recognition (including cultural rights) andredistribution (social and economic rights) in order to be able to meet conditions forthe norm ‘of participatory parity’ (Fraser 2003, 29-31). Women’s citizenship, definedas agency to participate as peers in social and political spheres, is constrained by‘gender-specific forms of distributive injustice including gender-based exploitation,economic marginalisation and deprivation’ and gender-specific forms ofmisrecognition and status subordination, particularly ‘institutionalized patterns ofcultural value that privileges traits associated with masculinity, while devaluingeverything coded as “feminine”, paradigmatically - but not only – women.’ (Fraser2003, 20).
The criterion of ‘recognition’ therefore relates to questions of the extent to whichpost devolution institutions and politics recognise – at a symbolic level – the fullpolitical and social citizenship of women: to what extent have the genderedimplications of policy or gender-based barriers to full citizenship been recognised?Are women seen as legitimate political actors with legitimate interests anddifferentiated interests and concerns? Or are they ‘misrecognised’ and subject to ‘non-recognition (being rendered invisible via authoritative representational,communicative and interpretative practices of one’s own culture); and disrespect [ed](being routinely maligned or disparaged in stereotypical public cultural representativeand/or everyday life interactions [?])’ (Fraser 1995, 71). As Lovenduski points out,masculinist ideologies are ‘central to the workings of public institutions and thereforeto political life, conventionally defined’ (1998, 340) and dominant masculinities arepresented as commonsense, ostensibly gender-neutral norms, conventions andpractices. Fraser argues that institutions play a crucial role in the misrecognition, ofwomen. Therefore institutions (for our purposes, democratic institutions) need toreplace patterns of cultural norms that impede women’s ability to participate withnorms that foster parity of participation, (2003, 30) and recognition of multiple andintersecting identities and inequalities.
Accountability structures and relationships
Goetz
(2003) cautions that there is a need to move away from an undue emphasis on
how women representatives – or even women’s civil society organisations – performand, instead, to take a more holistic and institutionally-focussed approach. Thiscentres upon what accountability mechanisms and relationships exist to hold toaccount government and other state actors with regards to their performance on issuesof gender equality (see also Sawer 2002) According to Goetz accountabilityrelationships on the one hand, serve to require power-holders to explain and justifytheir actions and, on the other, impose sanctions and penalties. In other words they areconventionally organised by the functions of answerability (‘soft’ accountability) andenforceability (‘hard’ accountability). These accountability institutions andrelationships have traditionally been gender biased but institutional change and thecreation of new institutions can serve as an opportunity to counter and correct
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9
Recognition as representation
Recognition is integral to representation and citizenship. Although Fraser’s (1995, 2003) discussions of the requirements of social justice do not explicitly use the framework of representation or citizenship, the general principles serve us well by emphasising the links between (in) equality and women’s agency. Social justice – alternatively understood as substantive representation and consequently substantive citizenship – requires the combination of recognition (including cultural rights) and redistribution (social and economic rights) in order to be able to meet conditions for the norm ‘of participatory parity’ (Fraser 2003, 29-31). Women’s citizenship, defined as agency to participate as peers in social and political spheres, is constrained by ‘gender-specific forms of distributive injustice including gender-based exploitation, economic marginalisation and deprivation’ and gender-specific forms of misrecognition and status subordination, particularly ‘institutionalized patterns of cultural value that privileges traits associated with masculinity, while devaluing everything coded as “feminine”, paradigmatically - but not only – women.’ (Fraser 2003, 20).
The criterion of ‘recognition’ therefore relates to questions of the extent to which post devolution institutions and politics recognise – at a symbolic level – the full political and social citizenship of women: to what extent have the gendered implications of policy or gender-based barriers to full citizenship been recognised? Are women seen as legitimate political actors with legitimate interests and differentiated interests and concerns? Or are they ‘misrecognised’ and subject to ‘non- recognition (being rendered invisible via authoritative representational, communicative and interpretative practices of one’s own culture); and disrespect [ed] (being routinely maligned or disparaged in stereotypical public cultural representative and/or everyday life interactions [?])’ (Fraser 1995, 71). As Lovenduski points out, masculinist ideologies are ‘central to the workings of public institutions and therefore to political life, conventionally defined’ (1998, 340) and dominant masculinities are presented as commonsense, ostensibly gender-neutral norms, conventions and practices. Fraser argues that institutions play a crucial role in the misrecognition, of women. Therefore institutions (for our purposes, democratic institutions) need to replace patterns of cultural norms that impede women’s ability to participate with norms that foster parity of participation, (2003, 30) and recognition of multiple and intersecting identities and inequalities.
Accountability structures and relationships
Goetz
(2003) cautions that there is a need to move away from an undue emphasis on
how women representatives – or even women’s civil society organisations – perform and, instead, to take a more holistic and institutionally-focussed approach. This centres upon what accountability mechanisms and relationships exist to hold to account government and other state actors with regards to their performance on issues of gender equality (see also Sawer 2002) According to Goetz accountability relationships on the one hand, serve to require power-holders to explain and justify their actions and, on the other, impose sanctions and penalties. In other words they are conventionally organised by the functions of answerability (‘soft’ accountability) and enforceability (‘hard’ accountability). These accountability institutions and relationships have traditionally been gender biased but institutional change and the creation of new institutions can serve as an opportunity to counter and correct
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