Editorial Spring 2021

Date01 March 2021
DOI10.1177/1358229121998104
Published date01 March 2021
Subject MatterEditorial
Editorial
Editorial Spring 2021
Welcome to this issue of the International Journal of Discrimination and the Law. In
setting its Sustainable Development Goal 5 (SDG5) to ‘achieve gender equality and
empower all women and girls’ by 2030, the United Nations has noted that, ‘The com-
mitment to advancing gender equality has brought about improvements in some areas,
but the promise of a world in which every woman and girl enjoy full gender equality and
all legal, social and economic barriers to their empowerment have been removed remains
unfulfilled.’ Of grave concern is the observation that COVID 19 risks reversing the limited
progress that has been made in recent years on gender equality and women’s rights
worldwide. As scholars and practitioners interested in discrimination law, the fight to
improve women’s social and economic equality must be at the forefront of our work and
so we are delighted to introduce this issue of the Journal in which this area is explored in
the context of three jurisdictions: India, Nigeria and South Africa.
In her consideration of the Indian legal system’s approach to violence against women
(VAW), Ayushi Agarwal points to the fact that current legal intervention often focuses
on individual punishment rather than structural remedy and reform. This obscures the
widespread and systemic nature of such acts of violence and prevents wider understand-
ing of their causes. The author advocates a feminist understanding of VAW and its
placement within the wider context of women’s subordination and its identification as
a form of sex discrimination. A necessary shift in the methods of redress available would
provide a more effective legal framework for the eradication of VAW.
Onyeka Okongwu advocates for an alternative to a strictly legal approach as a means
of combatting the various forms of discrimination endured by women in Nigeria. The
author argues that the development of the law has not been as effective as it could have
been in the promotion of equality between the sexes as the entrenchment of cultural and
religious practices and beliefs continues to contribute to discriminatory attitudes and
behaviours within as well as well as beyond legal institutions themselves. Rather than
law alone, it is suggested that the way forward lies in the adoption of grassroots policy
measures such as educational programmes and awareness raising.
The underrepresentation of Black African women in managerial posts within South
Africa’s private sector is the focus of the contribution by Kola Odeku and Motlhatlego
Matotoka. The authors argue that employers are easily able to circumvent legislation
which ostensibly requires equitable representation on the grounds of class, race and
gender due to its over reliance on self-regulation and a lack of penalties for non-
compliance. Rather than ensuring the equitable treatment of Black African women, such
International Journalof
Discrimination and theLaw
2021, Vol. 21(1) 3–4
ªThe Author(s) 2021
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DOI: 10.1177/1358229121998104
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