Sandra Fredman
Dados Biográficos
| ID | 354218 |
|---|---|
| NOME | Sandra Fredman |
| PRENOMES | Sandra |
| SOBRENOME | Fredman |
| ASSINATURA | FREDMAN S |
| AFILIAÇÕES | University of Oxford |
| ORCID | 0000-0002-4132-1164 |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 24 |
| TOTAL DE CITAÇÕES | 48 |
| TOTAL COMO AUTOR | 24 |
| TOTAL COMO EDITOR | 0 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1998 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2024 |
| ÍNDICE H | 3 |
Exploring Transgender Law and Politics
In a large event with audience participation at the University of Oxford, organized by Ruth Chang, Catharine A. MacKinnon, together with commentators Finn Mackay, Mischa Shuman, and Sandra Fredman, engage crucial issues of transgender identity, experience, and treatment in the context of requirements for the liberation of women, and evaluate current debates by feminist standards. Legal, social, political, and philosophical questions are documente…
Fair work in South Africa's gig economy
Because of its relatively well-developed, highly urbanised economy and high penetration of mobile internet access, the platform economy took off quickly in South Africa, with international players vying for market share and local platforms pursuing more innovative approaches. Digital labour platforms have offered new earning opportunities to many in the country, but concerns have been raised about the quality of jobs created, and whether they mee…
Recognizing Early Childhood Education as a Human Right in International Law
There is incontrovertible evidence that early learning opportunities shape long-term development and health. Nevertheless, early childhood care and education (ECCE) is not expressly mentioned as part of the right to education in the Convention on the Rights of the Child, the International Covenant on Economic, Social and Cultural Rights, and the Convention on the Rights of Persons with Disabilities. This paper argues that the right to education c…
New beginnings
While South Africa has seen important advances in the provision of early childhood care and education (ECCE), about 3.2 million children still lack access to any programme. Problems of access and quality are most pronounced in the poorest communities. Even before Covid-19 forced many providers to close, these programmes were overcrowded, with poor infrastructure, and an under-paid and under-qualified workforce. ECCE is crucial for a child’s devel…
A human rights approach
One of the most serious consequences of the COVID-19 pandemic has been the disruption of children's education worldwide with the closure of schools for public health reasons. Projections from UNESCO Institute for Statistics show that nearly 100 million children across eight age cohorts would move below the minimum proficiency threshold in reading in 2020 due to the pandemic (UNESCO Institute for Statistics, 2021). Both current studies and experie…
Tolerating the Intolerant
Tolerance has always been a central principle underpinning freedom of religion. But what if a person’s deeply held beliefs include intolerance of others’ rights or freedoms? Does tolerance of religious difference include tolerating intolerant behaviours? The paradox of tolerance has been thrown into relief by recent case-law on ‘complicity’ claims by religious adherents. Complicity claims assert that freedom of religion includes the right to exem…
Palliation or protection
This article examines what role equality law can play in addressing the inequalities created and exacerbated by the British government’s response to the Covid-19 pandemic. We argue that while there is great potential in existing legislation, there is a need for both policy-makers and courts to apply a more searching and nuanced understanding of the right to equality if this potential is to be realised. We begin by examining how the burdens of con…
The Fairwork Foundation
This paper introduces the Fairwork Foundation, a research initiative that is also developing an intervention around the quality of work on digital labour platforms. Lacking the ability to collectively bargain, many platform workers have little ability to negotiate wages or working conditions with their employers. As a result of this new, digitally-managed market for work, many workers have jobs characterised by long and irregular hours, low incom…
Substantive equality revisited
The limitations of a formal interpretation of the right to equality are now well recognized. However, the meaning of substantive equality remains deeply contested. This article argues that the right to substantive equality should not be collapsed into a single formula, such as dignity, or equality of opportunity or results. Instead, drawing on familiar conceptions, a four dimensional approach is proposed: to redress disadvantage; address stigma, …
Emerging from the Shadows
The equality guarantee in Article 14 of the European Convention on Human Rights and Fundamental Freedoms has often been regarded as an insipid right. However, recent jurisprudence indicates that the European Court of Human Rights has taken a more robust stand. This article assesses recent developments to determine whether we can now discern a coherent conception of the right to equality. The article draws on a four-dimensional conception of subst…
Transformative Equality
It is generally agreed by most observers that the Millennium Development Goals (MDGs) have fallen short of achieving gender equality and women's empowerment. Today, women continue to be more likely than men to live in poverty, and more than 18 million girls in sub-Saharan Africa are out of school. One of the crucial reasons for the failure of the MDGs in relation to women was their inability to address the deeply entrenched and interlocking facto…
Substantive equality
The principle of equality in international human rights instruments is expressed in very general and open-textured terms. Thus, Article 2 of the Universal Declaration of Human Rights (UDHR) provides that every human being is entitled to all the rights and freedoms within the Declaration ‘without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other s…
Using the equality framework to evaluate social and economic policy and provisions
The above analysis illustrates that the four-dimensional framework of substantive gender equality set out in the first part of this paper is implicitly followed in the recent observations and recommendations of the human rights treaty bodies and special procedures mandate holders. These groups and individuals routinely locate their work on gender equality within the four dimensions set out above, even if this is not always explicitly stated. This…
Foreign Fads or Fashions? The Role of Comparativism in Human Rights Law
Although there is a broadly similar core of human rights law and courts in different jurisdictions face strikingly similar questions, the use of comparative law in the human rights context remains controversial. Reference to foreign human rights materials is regarded as undemocratic, selective and misleading. Rather than searching for a single ‘right answer’, or expecting convergence, this article addresses these challenges from a deliberative pe…
Gender Equality and Human Rights
This editorial introduces an issue of INSTRAW News that commemorates the 50th anniversary of the UN's Universal Declaration of Human Rights. This introduction notes that the lead article in the journal expresses optimism about potential progress towards achieving gender equity and human rights because 1) industrialized countries are undergoing a "powershift" to an information society that will offer more and better jobs for women and give women g…
Reversing roles
The attempt to secure maternity rights has been a major focus of decades of campaigning for women's equality. However, it is of concern that maternity rights might reinforce women's responsibility for childcare. This paper considers how we bring men back into the frame, through a critical assessment of the contrasting approaches in Europe and the US to claims by fathers for parenting rights. It is argued that the goal of equal participation of wo…
Introduction
Despite the fact that the Millennium Development Goals promised to achieve gender equality and maternal health by 2015, equality remains elusive for too many women. Indeed, austerity, the rise of fundamentalism and the continuing gendered division of labour, especially when it comes to socially necessary but unremunerated care work, have contributed to the increase in gendered inequalities in many areas of social life and in most regions of the w…
Breaking the Mold
Journal Article Breaking the Mold: Equality as a Proactive Duty Get access Sandra Fredman Sandra Fredman *Sandra Fredman FBA, Rhodes Professor of the Laws of the Commonwealth and the USA, Oxford University, Honorary Professor, University of Cape Town, Professorial Fellow, Pembroke College, Oxford. I am grateful to the editor for his valuable comments, and to Laura Hilly and Chris McConnachie for their research assistance on the final draft of thi…
Human Rights Transformed
This book moves beyond the artificial boundary between socio-economic and civil and political rights and instead focuses on the positive duties to which all rights give rise. Human rights have traditionally been understood as protecting individual freedom against intrusion by the State. This book argues that human rights are based on a far richer view of freedom, going beyond absence of coercion and focussing on the ability to exercise such freed…
Introduction
Developed, developing, and transitional countries are all marked, to different degrees and in different ways, by deep inequalities of gender, race, disability, religion, sexual orientation, and other fault-lines of prejudice, disadvantage, and exclusion. In many countries, equality legislation initially sought to free individuals from the negative effects of these group characteristics, believing that in a colour-blind and gender-neutral world in…
Redistribution and Recognition
This paper examines the traditional dichotomy between measures addressing socio-economic inequalities and those aimed at inequality based on status, such as race, gender, disability or sexual orientation. Using the conceptual framework of recognition and redistribution developed by Nancy Fraser and others, I argue that it is no longer tenable to keep the two spheres separate. Constructing a concept of socio-economic equality without considering t…
Providing Equality
One of the key insights of substantive equality is the recognition that it is not colour, gender or some other group characteristic per se which is at issue, but the attendant disadvantage. This focus on disadvantage means that, for substantive equality to be effective, it should include a positive duty to provide. This in turn moves the anti-discrimination agenda onto the uncertain frontier between policy and law. This poses a difficult set of c…
Women's Work and the Law
Women and the Law
Women's pay still lags significantly behind that of men; and women continue to congregate in low status, low paid jobs. Yet men and women are now formally equal before the law. Indeed, legislation positively outlawing discrimination has been in force for over two decades both in the UK and in the European Union. The key question asked by the author is: Why has the law had so little impact? The answer, she argues, lies in the structure of the law …
The Fairwork Foundation
This paper introduces the Fairwork Foundation, a research initiative that is also developing an intervention around the quality of work on digital labour platforms. Lacking the ability to collectively bargain, many platform workers have little ability to negotiate wages or working conditions with their employers. As a result of this new, digitally-managed market for work, many workers have jobs characterised by long and irregular hours, low incom…
Gender Equality and Human Rights
This editorial introduces an issue of INSTRAW News that commemorates the 50th anniversary of the UN's Universal Declaration of Human Rights. This introduction notes that the lead article in the journal expresses optimism about potential progress towards achieving gender equity and human rights because 1) industrialized countries are undergoing a "powershift" to an information society that will offer more and better jobs for women and give women g…
Transformative Equality
It is generally agreed by most observers that the Millennium Development Goals (MDGs) have fallen short of achieving gender equality and women's empowerment. Today, women continue to be more likely than men to live in poverty, and more than 18 million girls in sub-Saharan Africa are out of school. One of the crucial reasons for the failure of the MDGs in relation to women was their inability to address the deeply entrenched and interlocking facto…
Redistribution and Recognition
This paper examines the traditional dichotomy between measures addressing socio-economic inequalities and those aimed at inequality based on status, such as race, gender, disability or sexual orientation. Using the conceptual framework of recognition and redistribution developed by Nancy Fraser and others, I argue that it is no longer tenable to keep the two spheres separate. Constructing a concept of socio-economic equality without considering t…
Exploring Transgender Law and Politics
In a large event with audience participation at the University of Oxford, organized by Ruth Chang, Catharine A. MacKinnon, together with commentators Finn Mackay, Mischa Shuman, and Sandra Fredman, engage crucial issues of transgender identity, experience, and treatment in the context of requirements for the liberation of women, and evaluate current debates by feminist standards. Legal, social, political, and philosophical questions are documente…
Foreign Fads or Fashions? The Role of Comparativism in Human Rights Law
Although there is a broadly similar core of human rights law and courts in different jurisdictions face strikingly similar questions, the use of comparative law in the human rights context remains controversial. Reference to foreign human rights materials is regarded as undemocratic, selective and misleading. Rather than searching for a single ‘right answer’, or expecting convergence, this article addresses these challenges from a deliberative pe…
Breaking the Mold
Journal Article Breaking the Mold: Equality as a Proactive Duty Get access Sandra Fredman Sandra Fredman *Sandra Fredman FBA, Rhodes Professor of the Laws of the Commonwealth and the USA, Oxford University, Honorary Professor, University of Cape Town, Professorial Fellow, Pembroke College, Oxford. I am grateful to the editor for his valuable comments, and to Laura Hilly and Chris McConnachie for their research assistance on the final draft of thi…
Reversing roles
The attempt to secure maternity rights has been a major focus of decades of campaigning for women's equality. However, it is of concern that maternity rights might reinforce women's responsibility for childcare. This paper considers how we bring men back into the frame, through a critical assessment of the contrasting approaches in Europe and the US to claims by fathers for parenting rights. It is argued that the goal of equal participation of wo…
Providing Equality
One of the key insights of substantive equality is the recognition that it is not colour, gender or some other group characteristic per se which is at issue, but the attendant disadvantage. This focus on disadvantage means that, for substantive equality to be effective, it should include a positive duty to provide. This in turn moves the anti-discrimination agenda onto the uncertain frontier between policy and law. This poses a difficult set of c…
Women and the Law
Women's pay still lags significantly behind that of men; and women continue to congregate in low status, low paid jobs. Yet men and women are now formally equal before the law. Indeed, legislation positively outlawing discrimination has been in force for over two decades both in the UK and in the European Union. The key question asked by the author is: Why has the law had so little impact? The answer, she argues, lies in the structure of the law …
Women's Work and the Law
Providing Equality
One of the key insights of substantive equality is the recognition that it is not colour, gender or some other group characteristic per se which is at issue, but the attendant disadvantage. This focus on disadvantage means that, for substantive equality to be effective, it should include a positive duty to provide. This in turn moves the anti-discrimination agenda onto the uncertain frontier between policy and law. This poses a difficult set of c…
Introduction
Developed, developing, and transitional countries are all marked, to different degrees and in different ways, by deep inequalities of gender, race, disability, religion, sexual orientation, and other fault-lines of prejudice, disadvantage, and exclusion. In many countries, equality legislation initially sought to free individuals from the negative effects of these group characteristics, believing that in a colour-blind and gender-neutral world in…
Redistribution and Recognition
This paper examines the traditional dichotomy between measures addressing socio-economic inequalities and those aimed at inequality based on status, such as race, gender, disability or sexual orientation. Using the conceptual framework of recognition and redistribution developed by Nancy Fraser and others, I argue that it is no longer tenable to keep the two spheres separate. Constructing a concept of socio-economic equality without considering t…
Human Rights Transformed
This book moves beyond the artificial boundary between socio-economic and civil and political rights and instead focuses on the positive duties to which all rights give rise. Human rights have traditionally been understood as protecting individual freedom against intrusion by the State. This book argues that human rights are based on a far richer view of freedom, going beyond absence of coercion and focussing on the ability to exercise such freed…
Breaking the Mold
Journal Article Breaking the Mold: Equality as a Proactive Duty Get access Sandra Fredman Sandra Fredman *Sandra Fredman FBA, Rhodes Professor of the Laws of the Commonwealth and the USA, Oxford University, Honorary Professor, University of Cape Town, Professorial Fellow, Pembroke College, Oxford. I am grateful to the editor for his valuable comments, and to Laura Hilly and Chris McConnachie for their research assistance on the final draft of thi…
Reversing roles
The attempt to secure maternity rights has been a major focus of decades of campaigning for women's equality. However, it is of concern that maternity rights might reinforce women's responsibility for childcare. This paper considers how we bring men back into the frame, through a critical assessment of the contrasting approaches in Europe and the US to claims by fathers for parenting rights. It is argued that the goal of equal participation of wo…
Introduction
Despite the fact that the Millennium Development Goals promised to achieve gender equality and maternal health by 2015, equality remains elusive for too many women. Indeed, austerity, the rise of fundamentalism and the continuing gendered division of labour, especially when it comes to socially necessary but unremunerated care work, have contributed to the increase in gendered inequalities in many areas of social life and in most regions of the w…
Substantive equality
The principle of equality in international human rights instruments is expressed in very general and open-textured terms. Thus, Article 2 of the Universal Declaration of Human Rights (UDHR) provides that every human being is entitled to all the rights and freedoms within the Declaration ‘without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other s…
Using the equality framework to evaluate social and economic policy and provisions
The above analysis illustrates that the four-dimensional framework of substantive gender equality set out in the first part of this paper is implicitly followed in the recent observations and recommendations of the human rights treaty bodies and special procedures mandate holders. These groups and individuals routinely locate their work on gender equality within the four dimensions set out above, even if this is not always explicitly stated. This…
Foreign Fads or Fashions? The Role of Comparativism in Human Rights Law
Although there is a broadly similar core of human rights law and courts in different jurisdictions face strikingly similar questions, the use of comparative law in the human rights context remains controversial. Reference to foreign human rights materials is regarded as undemocratic, selective and misleading. Rather than searching for a single ‘right answer’, or expecting convergence, this article addresses these challenges from a deliberative pe…
Gender Equality and Human Rights
This editorial introduces an issue of INSTRAW News that commemorates the 50th anniversary of the UN's Universal Declaration of Human Rights. This introduction notes that the lead article in the journal expresses optimism about potential progress towards achieving gender equity and human rights because 1) industrialized countries are undergoing a "powershift" to an information society that will offer more and better jobs for women and give women g…
Substantive equality revisited
The limitations of a formal interpretation of the right to equality are now well recognized. However, the meaning of substantive equality remains deeply contested. This article argues that the right to substantive equality should not be collapsed into a single formula, such as dignity, or equality of opportunity or results. Instead, drawing on familiar conceptions, a four dimensional approach is proposed: to redress disadvantage; address stigma, …
Emerging from the Shadows
The equality guarantee in Article 14 of the European Convention on Human Rights and Fundamental Freedoms has often been regarded as an insipid right. However, recent jurisprudence indicates that the European Court of Human Rights has taken a more robust stand. This article assesses recent developments to determine whether we can now discern a coherent conception of the right to equality. The article draws on a four-dimensional conception of subst…
Transformative Equality
It is generally agreed by most observers that the Millennium Development Goals (MDGs) have fallen short of achieving gender equality and women's empowerment. Today, women continue to be more likely than men to live in poverty, and more than 18 million girls in sub-Saharan Africa are out of school. One of the crucial reasons for the failure of the MDGs in relation to women was their inability to address the deeply entrenched and interlocking facto…
Tolerating the Intolerant
Tolerance has always been a central principle underpinning freedom of religion. But what if a person’s deeply held beliefs include intolerance of others’ rights or freedoms? Does tolerance of religious difference include tolerating intolerant behaviours? The paradox of tolerance has been thrown into relief by recent case-law on ‘complicity’ claims by religious adherents. Complicity claims assert that freedom of religion includes the right to exem…
Palliation or protection
This article examines what role equality law can play in addressing the inequalities created and exacerbated by the British government’s response to the Covid-19 pandemic. We argue that while there is great potential in existing legislation, there is a need for both policy-makers and courts to apply a more searching and nuanced understanding of the right to equality if this potential is to be realised. We begin by examining how the burdens of con…
The Fairwork Foundation
This paper introduces the Fairwork Foundation, a research initiative that is also developing an intervention around the quality of work on digital labour platforms. Lacking the ability to collectively bargain, many platform workers have little ability to negotiate wages or working conditions with their employers. As a result of this new, digitally-managed market for work, many workers have jobs characterised by long and irregular hours, low incom…
A human rights approach
One of the most serious consequences of the COVID-19 pandemic has been the disruption of children's education worldwide with the closure of schools for public health reasons. Projections from UNESCO Institute for Statistics show that nearly 100 million children across eight age cohorts would move below the minimum proficiency threshold in reading in 2020 due to the pandemic (UNESCO Institute for Statistics, 2021). Both current studies and experie…
Recognizing Early Childhood Education as a Human Right in International Law
There is incontrovertible evidence that early learning opportunities shape long-term development and health. Nevertheless, early childhood care and education (ECCE) is not expressly mentioned as part of the right to education in the Convention on the Rights of the Child, the International Covenant on Economic, Social and Cultural Rights, and the Convention on the Rights of Persons with Disabilities. This paper argues that the right to education c…
New beginnings
While South Africa has seen important advances in the provision of early childhood care and education (ECCE), about 3.2 million children still lack access to any programme. Problems of access and quality are most pronounced in the poorest communities. Even before Covid-19 forced many providers to close, these programmes were overcrowded, with poor infrastructure, and an under-paid and under-qualified workforce. ECCE is crucial for a child’s devel…
Fair work in South Africa's gig economy
Because of its relatively well-developed, highly urbanised economy and high penetration of mobile internet access, the platform economy took off quickly in South Africa, with international players vying for market share and local platforms pursuing more innovative approaches. Digital labour platforms have offered new earning opportunities to many in the country, but concerns have been raised about the quality of jobs created, and whether they mee…
Exploring Transgender Law and Politics
In a large event with audience participation at the University of Oxford, organized by Ruth Chang, Catharine A. MacKinnon, together with commentators Finn Mackay, Mischa Shuman, and Sandra Fredman, engage crucial issues of transgender identity, experience, and treatment in the context of requirements for the liberation of women, and evaluate current debates by feminist standards. Legal, social, political, and philosophical questions are documente…
Political science (23 obras) · Law (22 obras) · Sociology (20 obras) · Law and economics (12 obras) · Human Rights and Development (10 obras) · Human rights (9 obras) · Politics (8 obras) · Gender Studies (7 obras) · Inequality (7 obras) · Law (7 obras)