Equality, Difference and Motherhood: The case for a feminist analysis of equal rights and maternity legislation

Abstract

This article looks at the three feminist interpretations of maternity legislation and equal rights policies. It discusses the impact of different constructions or interpretations of equality, and what is necessary to achieve it, upon the definition of successful legislation. Equality, difference and post-structuralist feminisms have each introduced different concepts and issues to the analysis of the relationship between gender, society, and legal structures. The argument developed in the article engages both with the equality - difference debate and with post-structuralist constructions of woman and mother. The central argument is that, despite significant differences in these feminist approaches, it is important to consider both the strengths and weakness of each to highlight current limitations of maternity legislation and equal rights policies. The focus on maternity legislation arises from the nature of the issues it seeks to address. Although maternity legislation is part of health and safety and employment legislation, motherhood remains a personal issue. I use British and European law as examples of liberal approaches to maternity legislation, and I conclude that the concept of equality enshrined within the law is founded upon a narrow concept of equality that focuses on formal rather than substantive equality.

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