Criminal law module 4 highlighted 1
Module 4 – Ask Karen
Assignment’s Due Date
Module 4 – Ask Karen
Women Constitutional Equality
The constitution has provided special sections for protecting the female gender and
children through women and children rights. Focusing on women’s rights, being part of the
equality protection rights, its main aim was to protect women against the discrimination they
have been facing ever since time immemorial. With the evolution of human history, this has been
subject to change as women have been embraced as an equally capable gender. This paper aims
at looking into some historical instances of women rights and questions arising from them.
Women Equality Rights
Even after championing women rights and revising laws to include gender equality, it
was not until several years later that they were acted upon. For instance, the Hoyt v. Florida case
decided upon by the Supreme court was the last one to be agreed upon based on the traditional
approach (Baer & Goldstein, 2006). Several rights have been incorporated in the constitution to
promote the ‘equal protection clause, including gender equality rights. The ‘equal protection’
rights have gained strength over the years compared to the previous years where it was just a
phrase with barely enough power to do what it was meant to do. These rights were mainly meant
to protect discriminated groups such as women and children (Baer & Goldstein, 2006). Equal
protection rights began gaining momentum in the 1960s. Courts were burdened with the duty of
making decisions that ensured these rights were not being infringed, yet at the same time dealing
with the problem of being stuck in the traditional ways.
Either way, there were some significant improvements in the decision-making process of
the court system in the 1960s (Baer & Goldstein, 2006). Courts began making decisions based on
strict scrutiny on equal rights protection, on the third standard. Such practices made the future of
equal rights protection bright, including women rights. Several leaders, including President
Kennedy, championed women’s rights by issuing an executive order that forbade sex
discrimination in the federal civil services (Baer & Goldstein, 2006). The order came after a
suggestion made by a report from a women rights activists organization. With gender equality
rights came the equality acts, including the Equal Pay Act, 1963, which entitled women to equal
pay. President Johnson issued an executive order against sex discrimination against women after
rising such cases in 1967 (Baer & Goldstein, 2006). After several amendments to the constitution
later, women’s rights continued to grow more powerful, which could be seen in the court’s
decision on the Reed V. Reed case (Baer & Goldstein, 2006). In 1971, the court showed its
competency in championing equal protection rights by upholding a rational decision rather than
succumbing to political pressure.
However, various questions are arising from the ‘equal rights protection’ women rights
campaign. For instance, how can the constitution address the wage gap affecting mothers and
females generally as a minority group? Despite the wide steps made historically in the campaign
for women rights, some women still face the challenge of workplace discrimination in various
parts of the country (Shrestha et al., 2020). Instances such as lower wages than their male
counterparts due to their gender are just part of the problem. Now the question is; what are the
long term solutions to women equality issues? The gap existing among the executive, science,
engineering, mathematics and technology careers, where fewer women are part of them, should
also be a question to be addressed (Shrestha et al., 2020). Why does the gap exist, and what
could be done to handle it? These questions need to be addressed as soon as possible.
Equal protection rights aim to protect minority or discriminated groups, including women
rights, which aims to promote gender equality by protecting the women minority. Effects of
these women rights can be seen several years down the line since their onset, through the
successful women empowerment programs, gender equality programs and women protection
rights. However, these rights seem to have failed to address few issues, including wage gap,
career gaps, and several others.
Baer, J. A., & Goldstein, L. F. (2006). The constitutional and legal rights of women: cases in law
and social change. Roxbury Publishing Company.
Shrestha, B. K., Choi, J. O., Shrestha, P. P., Lim, J., & Nikkhah Manesh, S. (2020). Employment
and wage distribution investigation in the construction industry by gender. Journal of
Management in Engineering, 36(4), 06020001.