隔离但平等：隔离学校教育（仍然）对女孩有好处吗？

IF 2 3区社会学 Q1 LAW

Feminist Legal Studies Pub Date : 2024-02-29 DOI:10.1007/s10691-023-09542-9

Moira Dustin, Kate Malleson

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引用次数: 0

摘要

英国的平等立法禁止正式隔离，但有少数例外。单性别学校就是此类豁免之一。在立法之初，并没有说明这样做的理由，直到 2017 年的 Al Hijrah 案中，才出现了学校中的性别隔离是否合法以及何时合法的问题。我们探讨了这一问题，从概念和实证角度回顾了性别隔离学校的平等成本和收益。我们强调了有关学校的平等法律的不一致性，以及其益处的有限证据。借鉴女权主义理论，我们提出了一些改进建议，这些建议可能会在未来信仰学校性别隔离引发争议的案件中发挥作用。最后，我们指出，如果目前学校性别隔离所依赖的二元性别分类被打破，这些法律问题有一天可能会受到更深层次的不稳定因素的挑战。

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Separate But Equal: Is Segregated Schooling (Still) Good for Girls?

The UK’s Equality legislation prohibits formal segregation with limited exemptions. Single-sex schools are one such exemption. No rationale for this was provided at the time of the legislation, and it was not until 2017 in the case of Al Hijrah that the question arose of whether and when sex-segregation in schools is lawful. We take up this question, reviewing the equality costs and benefits of sex-segregated schools conceptually and empirically. We highlight the incoherence of equality law regarding schools, and the limited evidence of their benefits. Drawing on feminist theory, we recommend improvements that may be useful in future cases where sex-segregation is contested in the context of faith-based schools. Lastly, we note that these legal questions may one day be challenged by a deeper source of instability if there is a breakdown in the binary sex categories on which sex-segregation in schools currently depends.

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来源期刊

Feminist Legal Studies Multiple-

CiteScore

2.90

自引率

0.00%

发文量

期刊介绍： Feminist Legal Studies is committed to an internationalist perspective and to the promotion and advancement of feminist scholarship in all areas of law. It aims to publish critical, interdisciplinary, theoretically engaged feminist scholarship relating to law (broadly conceived) and has a particular interest in work that extends feminist debates and analysis by reference to critical and theoretical approaches and perspectives, including postcolonial, transnational and poststructuralist work. Although the focus of the journal is law, the editorial board encourages the submission of papers from people working outside the academy, as well as academics other than lawyers as well as interdisciplinary work addressing the concerns not only of lawyers but others, women and men, interested in feminist work. The editorial board is a collective drawn from feminists working at leading law schools across the UK. A full list of the editorial board can found on the Journal’s website: http://www.springer.com/law/international/journal/10691?detailsPage=editorialBoardAlongside traditional articles and book reviews Feminist Legal Studies is committed to publishing material that challenges conventional forms of academic writing/knowledge and encourages creative approaches to scholarship, analysis and debate. Such material is normally published in our “Creative Content” section (see Instructions for Authors for more details). The board also welcomes proposals for themed issues of the journal.