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  Gender and Citizenship


   School of Law

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  Dr Frances Hamilton  Applications accepted all year round  Competition Funded PhD Project (European/UK Students Only)

About the Project

In recent years there have been many important legal changes intended to enable everyone, regardless of gender, sexual orientation, or other intersectionality factor to have equal access to full citizenship. Yet issues connected with gender continue to make the headlines in the UK and internationally. This PhD investigates what it means to be an equal citizen and how access to equal citizenship could be improved. Your PhD can choose to concentrate on any area connected with gender and citizenship but a particular focus on either (1) evaluating the future of marriage or (2) strategies to address eradicating gender pay gaps in our society, is suggested.

It is now over a decade since the legalisation of same-sex marriage in 2013 and 20 years since the introduction of civil partnership in 2004. Yet worldwide same-sex marriages may not be recognised, as over 70 countries criminalise same-sex relationships. On a European Court of Human Rights’ basis, although contracting countries are now required to introduce civil partnership, they retain a discretion whether to legalise same-sex marriage. In England and Wales, religious organisations are protected by a quadruple lock and are not bound to marry same-sex couples. Marriage continues to change including the introduction of no-fault divorce in 2022. Following concerns about forced marriages and child marriages, in 2022 the minimum age of marriage to 18.

It is over 50 years since equal pay was introduced by the UK Equal Pay Act 1970, yet gender pay gaps remain persistent at the level of 11.7% overall in the UK (OECD 2023). Some professions record even higher levels, eg 20.3% in skilled trades (Fawcett Society, 2020), 30% for production managers in mining and energy and IT engineers at 30% (STEM women, 2021) and 34% for barristers (Bar Council, 2022). The causes of the gender pay gap are multiple and complex. This includes consideration of the unequal division between men and women of caring responsibilities in the family. 73% of women are part-time employees (Fawcett 2020), with gender pay gaps widening after the birth of the first child (Costa Dias, Joyce, Parodi, 2018). Other factors include occupational segregation and discriminatory attitudes of employers (BEIS, 2018). Research by Investors in People found that 80% of UK women think gender discrimination occurs in the workplace and almost a third consider it be inherent (Investors in People, 2023). It needs to be further understood why multi-faceted legislation on a domestic and international basis seeking to tackle issues connected with the gender pay gap including prohibiting discrimination, maternity leave, maternity pay, health and safety protections for pregnant workers, tax breaks, childcare vouchers, shared parental leave and gender pay gap reporting remain only moderately successful.

In addition to determining the focus of the research, candidates should also consider whether they wish to take an historical, doctrinal, socio-legal or comparative approach to the methodology, and should set this out within their proposal. Your PhD could choose to focus on a liberal feminist approach campaigning for equal access to institutions such as marriage and equal treatment before the law when concerned with gender pay gaps. Alternatively you may prefer a radical feminist approach, rejecting institutions such as marriage as forever connected with patriarchal baggage (Auchmuty). Queer theorists also reject marriage as a goal as they believe this means lesbians and gays are forced within an institution which does not suit their lifestyles (Duggan). Radical feminists believe that law reforms to tackle gender pay gaps are only ever going to have limited success, where deeper rooted inequalities in society and women’s role in the home still suffer from gendered perspectives.

The University of Reading, located west of London, England, provides world-class research and education programmes. The University’s main parkland is set in 130 hectares of beautiful parkland, a 22-minute train ride to central London and 40 minutes from London Heathrow airport. The University of Reading School of Law is a leading UK law school with a world-class reputation and global outlook. We are recognised as one of the country’s highly ranked law schools. This PhD focusses on an area which is of core interest to a number of staff members who form part of the University of Reading Law Justice and Society research area.

This PhD will suit a student with a background of academic excellence (which can be understood as an undergraduate degree at 2:1 or above (or equivalent from non-UK universities) and a Masters (preference for Merit or above).

Law (22)

Funding Notes

EUROPEAN/UK APPLICANTS ONLY.

References

1. Hamilton, F and Griffiths, E. (eds) (2023) ‘The Evolution of the Gender Pay: A Comparative Perspective’ Routledge including 15 international authors.
2. Hamilton, F and Griffiths, E. (2023) ‘Speaking in a Different Voice: the Gendered Nature of Promotion Applications’ in Hamilton, F and Griffiths, E., (eds) (2023) ‘The Evolution of the Gender Pay Gap: A Comparative Perspective’ Routledge.
3. Hamilton, F and Sperti, A., (2023) ‘Incrementalism Revisited – the Contrasting Approaches of Italy, England and Wales and Northern Ireland towards Legalisation of Same-Sex Marriage’ Journal of Homosexuality 1540.
4. Hamilton, F. (2022) Equality arguments, contemporary feminist voices and the matrimonial causes act 1923. Journal of Legal History , 43 (2). pp. 210-235.
5. Hamilton, F. and Noto La Diega, G., eds. (2020) Same-sex relationships, law and social change. Routledge , London including 14 international authors
6. Hamilton, F., ‘The Potential of European Union Law to Further Advance LGBTQ+ Persons and Same-Sex Couples’ Rights and the Resulting Consequence of Brexit’ in Hamilton, F. and Noto La Diega, G., eds. (2020) Same-sex relationships, law and social change. Routledge , London
7. Hamilton, F., ‘Rights For LGBTQ Persons: MB v Secretary of State for Work and Pensions (2019) Family Law (1) 54 – 57.
8. Hamilton, F., ‘Same-Sex Marriage, Consensus, Certainty and the European Court of Human Rights’ (2018) 1 European Human Rights Law Review 33 – 45.
9. Hamilton, F., ‘The Case for Same-Sex Marriage Before the European Court of Human Rights’ (2017) Journal of Homosexuality 1-25.
10. Hamilton, F., and Clayton-Helm, L., Same Sex Relationships Choice of Law and the Continued Recognised Relationship Theory’ 3(1) (2016) Journal of International and Comparative Law 1 -31.
11. Hamilton, F., ‘The Differing Treatment of Same Sex Couples by European Union Law and the European Convention on Human Rights: The European Union Concept of Citizenship’ 2.1 (2015) Journal of International and Comparative Law 87-113."

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