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Neoliberalism and the Equality Act 2010: a missed opportunity for gender justice?

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Article
H

Burton, Becci

Industrial Law Journal

2014

43

2

July

122-148

legal aspect ; gender equality

United Kingdom

Human rights

http://dx.doi.org/10.1093/indlaw/dwu008

English

"The pursuit of gender equality in the UK has been a prominent concern in recent years. Notwithstanding several advances in this area, the current situation is clearly unsatisfactory. This essay aims to assess the extent to which the Equality Act 2010 can improve the situation and finally contribute to achieving gender equality in our society. As a child of the New Labour era, the Equality Act is evaluated in light of two features of New Labour ideology that betray its neoliberal roots: the centrality of market values and the conflation of moral responsibility with rational action. Further, the legacy of the subsequent Conservative-led Coalition Government is considered. This essay also uses the work of Nancy Fraser to draw parallels between the problems posed for feminism by neoliberal capitalism and the failings of the Equality Act. Thus, it is shown that neoliberalism has prevented the Act from having a genuinely transformative effect. Fraser's thesis also lays the groundwork for developing a more effective equality strategy for the future. Ultimately, this will require feminism to mount an attack on neoliberalism by reuniting the three strands of gender justice—redistribution, recognition and representation."

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