Critical Analysis Of Gender And Law In The UK - Essay.

Jurisdiction of United Kingdom and Gender Equality

This journal shall be a detailed discussion and a critical analysis of the position of Gender and Law as far as the administration of legal justice and preserving the interests of all the victims of the crime irrespective of the gender therefore, is concerned and considered. The journal shall be a media writing which shall critically analysis the aspects of the Gender and Law and the arguments in acceptance and refusal of the same. This writing and the journal therefore shall basically analyse, assess and evaluate the Gender as a factor for prejudicing or upholding the legal interests and rights of the victims and the possibility of prejudicing and defying the scope of criminal justice legislations and regulations therefore.

The jurisdiction that shall be considered herein for the purpose of defining the scope of legal gender equality and the reforms for maintaining the efficacy of the same is the Legislation of the United kingdom and its domain therefore. The major concerns that shall be relevant to note and discuss herein is the scale of gender discrimination and the loopholes relating to the gender issues as far as the serving of criminal interests as well as criminal justice is concerned. Gender plays a very effective role and is a major instrument which actually facilitates the law enforcement authorities and officials while dealing with the cases. The prejudice and exploitation thus, lies two ways which means that discrimination is the result when the unpreferred Gender is victimized and discrimination is also the result when unpreferred Gender has been accused of committing any offence[1].

As far as the Jurisdiction of the United Kingdom is concerned and considered and the adherence to the principles and components of Gender equality in Legal segment is concerned there are certain legislations, rules as well as regulations which deal with and ensure to protect the legal gender rights and equality in the society but the lack and failure to effectively implement the provisions and regulations incorporated in the legislation therefore, is the underlying reason of the failure of the established rules as well as regulations. The Key laws and policies which shall be assessed and evaluated herein for the purpose of defining the scope of the efforts and initiatives being pushed in by the legislature for upholding Gender discrimination as well as Gender Equality in the United Kingdom Jurisdiction without a scope of any kind of exploitation, manipulation or prejudice to those belonging to unrecognised and unpreferred Gender[2].

A practical reading and view of the Society irrespective of the jurisdiction under discussion it could be inferred that the drawn that the most prejudiced and deprived Gender in the society is Females and those belonging to LGBTQ Communities. The cases of social exclusion, biased actions and atrocities upon those belonging to these gender and communities is evident from the international published reports across the globe and the manipulation indexes in some or the other way therefore. These are certain provisions in Criminal codes and other legislations which prejudice and exploit the legal rights and entitlements of the victim only on the basis of the gender and sex they belong to, despite the fact of being mandated by the Constitution of the State and express provisions prohibiting and restricting the same[3].

Gender Issues in Legal Arena

Gender Issues in Legal arena is considered to be one of the major concerns which deprives the individuals and have a tendency to continuously deprive the victims of their legally entitled rights and lead to the gross violation of the Human Rights of those individuals in the light of Incrimination, penalization, unlawful and biased criminal and civil proceedings, malicious prosecutions and certain other factors therefore. The laws and legal policies of United Kingdom which shall be assessed and considered herein and framing of the issues therefore relating to the same are stated here. Arguments in the favour of those legislations and policies shall be framed in order to support the issues of Gender discrimination and the failure of the effective implementation of laws and policies therefore to assess and evaluate the rising issue and concern of the Gender inequality and discrimination and the failure of legal system to address the problems therefore. The policies rules and regulations which shall be considered instrumental herein for the purpose of evaluating the inclusion of provisions relating to the Gender equality and the lack of authorities to effectively address the same are discussed herein. The key policies and the legislations are:

• Gender equality at every stage Tracking 2019
• Ending Violence against Women and Child Strategy 2019
• Female Offender Strategy 2018
• Equality act 2010
• Human Rights Act 1988
• Sustainable development Goal
• Gender Recognition Act, 2004[4].

These are the major regulations and policies which shall be assessed and discussed for the purpose of determining the efficacy and effectiveness of the laws and policies of the United Kingdom government and the practical consequences of the same therefore. As far as the promptness and activeness is considered United kingdom always has been a leading advocate of the inclusion of the concept of gender equalisation in the Sustainable development goals mission statement of the State and has always supported and supplemented hands to strong international commitments on gender and the significance of gender equality as far as the legal and human rights of the state subjects that is the individuals are concerned. The Constitution of all and every democratic nation has incorporated the provisions for encouraging equality in Gender and ensuring access to legal justice for all irrespective of the Gender they cater to which is not in the hands of the individuals[5].

Although there are certain legislations and policies which have been implemented and structured by the United Kingdom legislature but the same fails to hold good in the favour and benefit of the women and other gender individuals due to ignorance of the  human rights of these individuals and prioritizing the rights of the male individuals over the legal, human as well as constitutionally protected fundamental rights of these individuals belonging to exploited and prejudiced gender communities. The statistics thus supports the premise which has been stated and discussed in the above case, as published by the Ministry of Justice Under Section 95 of the Criminal justice Act of 1991. The statistics on the victimization of the Women individuals and the existing criminal justice system is thus proof of the fact of rampant atrocities being committed against the biased and exploited gender communities in the society irrespective of the fact of the same belonging to any Jurisdiction other than united Kingdom including United Kingdom[6].

The statistics which support the premise and argument that the Women and transgender communities are largely victimised are stated and represented as under which justifies the importance of Gender in the legal systema and the potential deterring consequences which the same can result into disgruntling the essence of the criminal justice system and the protection of the interests of the victims of crime only on the basis of the Gender they cater and belong to.

They shall be distributed and differentiated under several heads for specifically addressing the nature of violation, extremities and aggressions against the women and other transgender communities living in the society being duly acknowledged and recognized by the State as well as the legislature on the observations of the Judicial organs.

Victimisation: The proportion of females experiencing the case and trauma of domestic violence and domestic abuse therefore wis double to that of males. The reason being the ignorance of the law enforcement agencies to effectively address the issues and complaints of the Female victims considering the Gender and the position in the society so dominated by Patriarchy.

Offenders under Supervision of the Police and jail authorities and under their Custody therefore: Females have reported significantly more negative results in the prison due to the atrocities faced by the females within the jail premises and the sufferings and disabilities majorly caused were mental health problems, physical impairments, bodily abuse and manipulations and alike factors.

These are the major premises and parameters supporting the broad premise of manipulation and violation of the rights of the Female and transgender communities in the society irrespective of the legislations.

References

(2022) <https://www.parliament.uk/mps-lords-and-offices/offices/commons/scrutinyunit/gender-equality-policy-map/> accessed 20 April 2022

'What Is The Difference Between Sex And Gender? - Office For National Statistics' (Ons.gov.uk, 2022) <https://www.ons.gov.uk/economy/environmentalaccounts/articles/whatisthedifferencebetweensexandgender/2019-02-21> accessed 20 April 2022

'United Kingdom Champions Gender Equality In Public Policy, Anti-Discrimination Legislation, But Closing Gap Between Sexes Unfinished Business, Experts Told | Meetings Coverage And Press Releases' (Un.org, 2022) <https://www.un.org/press/en/2008/wom1694.doc.htm> accessed 20 April 2022

Equality Human Rights Commission (2022) <https://www.equalityhumanrights.com/sites/default/files/womens-rights-and-gender-equality-in-2018-summary-update_report-long-version.pdf> accessed 20 April 2022

British Council (2022) <https://www.britishcouncil.org/sites/default/files/gender_equality_and_empowerment_in_the_uk.pdf> accessed 20 April 2022

(2022) <https://commonslibrary.parliament.uk/research-briefings/sn01250/> accessed 20 April 2022