Marriage equality bill straight from the patriarchy

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It’s been a harrowing few weeks for the patriarchy. Having now been exposed, pants down, a number of big names in Hollywood appear to have been cast adrift by new-fangled feminist norms of respect for bodily autonomy, and non-exploitative deployment of personal wealth and power.

It’s so bad, that some ordinary men have taken to their global media platforms to suggest that they will never get sex again, presumably now that they can’t just take what is their right, and wailing that they hope that we women will share the power with the poor old blokes now that we have achieved global domination.

Alas. Were this but true.

The patriarchy in Australia is faring no better. Despite men’s superior earnings, better job prospects, and an implied licence (or so it seems) to sexually harass, there is a rear-guard action to protect the wellspring of patriarchal power – male headship within the traditional nuclear family. Ironically, this is occurring in the context of marriage equality which is after all, nothing more than a quest to entrench the conservative institution of marriage in Australian society.

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Sexual harassment still a problem in the legal profession in 2017

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He sat across my desk, in my office. He looked me in the eye and said,’Did you know that you can tell the colour of a woman’s nipples by the colour of her lips?’

Another used his 120kg of bulk to trap me against a wall at a crowded work function, leering at me.

A co-worker clumsily groped me in a public space at a conference, again and again. I left

A professional colleague handed me a sheaf of his writing, watching me read his poorly written soft porn as we sat in a public cafe.

As I attempted to call our meeting to an end, he stood in my office so as to block my exit from behind my desk. My office door was open at all times.

These are some stories from my working life as a practising lawyer and as a legal academic over 30 years. One of these stories happened this year. I know that other women have it worse.

These experiences came to mind as I read allegations this week, made by three young women lawyers about their experiences working for a senior lawyer. The man allegedly sent the women to fetch his Viagra from the pharmacy, hired based on physical attractiveness, had pornography visible in his office, made sexually explicit comments, and showed a drawing of his penis.

While reading the stories of the three women, I reflected back on my feelings in similar circumstances. At first I thought it was deep shame that I felt – even after all these years. But I suspect that it is in fact fear. I was afraid of the potential of force – of violence – that each of these situations represented. I can only imagine the fear and confusion experienced by the young women who shared their stories.

Remember – this all happened in professional contexts.

I’ve written before about sexism and harassment in the legal profession (and here, and here). The stats aren’t getting better. Those in the legal profession know it is unlawful to sexually harass. Such behaviour breaches discrimination law, and workplace law. For good measure, it also breaches professional ethics. But it continues.

In some quarters, such behaviour is an open secret. This makes us all, the entire profession, complicit. The young women who have made the most recent allegations – and others like them – have thus experienced powerlessness, and maybe those same feelings of fear that I have had, in the face of our complacency.

There are three actions we in the profession must take. Especially senior members of the profession, and especially men.

  • Call out sexual harassment. Expose the open secret by telling the harasser to stop. It’s not banter, it’s not a joke. Tell them straight just to stop. Team up with others and together tell the harasser that it is unacceptable behaviour in your workplace. Use the power of our professional culture for good, and turn things around.
  • Support the person on the receiving end of the harassment. Ensure that they are supported by others. Shut down gossip. And, do not be that gossip. Hard, I know, in a gossipy profession. But gossip adds to the complicity.
  • I think we need to look to the overall culture of the profession, and our tacit acceptance of such behaviour – and to look for action outside discipline as a first call. However, if they don’t stop, report the behaviour to your professional body. And call the professional body to account if it fails to act.

If such actions are reported to you, it’s not enough just to support the complainant. You must deal with the alleged harasser too. In my own case, I have been personally well supported by men – but in some cases the man about whom I have complained has not been censured, and his bad behaviour continues.

It is therefore our responsibility as employers, and as colleagues, to alert the man to his poor behaviour, to let him know that it is unacceptable, and to sanction it. Otherwise, we know that it will continue. And we will see yet another generation of lawyers suffer the same fate.

I can’t believe I’m writing this. In 2017. About lawyers. But here it goes.

Please. Stop sexual harassment. Do not continue to be a bystander.

The male professoriate in law

A male law professor mentioned to me recently that in his experience, if you just do your work, and do it well, then your career will progress – rewards will flow. I was somewhat taken aback by this statement and pointed out that this certainly was not my own experience, and was unlikely to be the experience of many women in academia. Indeed, I suspect this is not the case in any profession.

It got me thinking about the makeup of Australian law schools. We currently have many women law deans around the country – though I do note that some are punching above their weight, holding the role of dean at a substantive position lower than professor. The law school is a feminised work force in many respects – women are highly visible in so many law schools. However I suspect that this is because women form the bulk of our casualised workforce, teaching sessionally.

I wondered though about the makeup of the professoriate. With so many women – and so many capable women – one might expect that there would be equality in the upper ranks of the law school. Let’s see if the numbers bear this out.

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Say no to sexist language in public discourse

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In the week that brought to light television personality Eddie McGuire’s ‘banter’ about sports journalist Caroline Wilson, the voters of Leichhardt, have been treated to campaign signs depicting a witch. The signs have been placed adjacent to campaign signs of the only woman candidate in Leichhardt, ALP candidate Sharryn Howes.

The signs themselves entreat the voter to ‘put Labor last’ because winding back negative gearing is a ‘wicked thing to do’.

The incumbent MP Warren Entsch, who authorised the signs, has ‘angrily denied’ any comparison between his signs and the notorious ‘Ditch the Witch’ signs used in rallies in 2011, attended by former Prime Minister Abbott.  According to reports, Mr Entsch has said

“It has nothing to do with anything else. We think its a wicked and awful thing to do for small time investors.”

“I didn’t select the image and it has nothing to do with anything else. Anyone who knows me knows those claims are absolute bullshit.”

With respect, whatever Mr Entsch’s views, the LNP’s views, or the voter views of negative gearing and small time investors, it is not OK to use the language and imagery of witches about women. The implication of the image of the witch, deliberately positioned adjacent to Ms Howes’ campaign corflutes, is to invoke the comparison.

Today is not the first time I have written about witches. In fact, early this year I offered some advice for parliamentarians that warrants repeating:

‘Witch’ is a term used to denigrate women. It represents a woman who has outgrown her sexual utility, often imagined as a toothless old crone. It might also represent the threat women pose to patriarchy – through the magicke of their sexual wiles and fertility, the witch stands ready to trap unwary men. The vast majority of those burned as witches were women. That is no accident. It was an effective means of keeping women in their place.

Today, ‘witch’ carries its anti-women history even though many who use the term may not be conscious of it. As a word not used against men, and in light of the negative connotations it carries, use of ‘witch’ is sexist.

Advice to parliamentarians: find a different word without the sexist baggage.

The signs themselves go so far as to say ‘unfortunately , unlike the movies we can’t get rid of them by pouring water on them’. They express disappointment at a general inability to keep witches – women – in their place.

I accept that there may be an intent to express a desire to keep the ALP in ‘its place’ ie out of government. Sadly however, the clumsiness of the analogy and the language used instead conveys the time-worn expression of antipathy towards women. Women should not have to face sexist language. Women candidates for political office should not face sexist harassment in the course of doing so. We can be better than this.

Many will reject this interpretation. The metaphor is so deeply ingrained in our sexist culture that we have become immune to it. But let’s aspire to a higher level of discourse, that seeks actively, consciously, to deal with the issues without resorting to historical gendered slurs.

Even if Mr Entsch does not himself see the connection between the sign he authorised and the sexist implications for his opponent, he is now on notice that the posters sexist, and that many perceive them to be sexist. He is therefore in a position to step up, and to have the posters removed. That would be a fine contribution to public discourse.

A mother’s sacrifice: more than an incubator

The ABC reported today that a brain dead woman in Portugal gave birth to a healthy baby. The woman was declared dead on 20 February this year.

What a complicated issue. A terrible decision for family to have to make, and no doubt bitter sweet joy upon the successful delivery of a healthy baby. But what are we to make of the decision to keep a woman as an incubator for a baby?

Many might claim that a pregnant woman would want her baby to survive. This is a widely held understanding of ‘a mother’s sacrifice’. It is offered as justification for what might otherwise be considered a gross invasion of human dignity: not allowing a person to die, and using a human as a means to an end, that end being the birth of a baby. Neither of these propositions is uncomplicated in itself. But before reaching this conclusion, I think that there are still a number of unasked questions that should be exposed before suggesting that the conclusion is correct. Is this sacrifice too great?

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Government accountable for care of pregnant women

This week a Somali refugee gave birth to a baby boy, one month premature, on Nauru. She reportedly suffered from pre-eclampsia which is a life-threatening condition. The woman, known as Naima, and the baby were each airlifted to Australia for treatment.

Naima is now in a critical condition in a Brisbane hospital. But she had experienced a seizure at 5 months gestation and there has been adequate time to have treated her before her situation became critical.

I had pre-eclampsia in my first pregnancy and a full medical team, in a well-equipped Australian maternity ward, swung into action. I was induced immediately the symptoms appeared. I was, fortunately, past my due date and the baby was successfully delivered. But I knew that everyone around me was gravely concerned. I only found out afterwards that my life had been in danger – just as Naima’s life is now.

Australia’s treatment of all asylum seekers must improve. But government must give immediate priority to the care of pregnant women and their infants. There is no reason for even a caretaker government to wait to change the clinical care afforded to pregnant women in Australian detention centres.

Hold all politicians to account for failing those in their care, but especially and immediately, the particularly vulnerable: pregnant women and babies.

‘(Part) time for all’: Nedelsky’s radical vision

Screen Shot 2016-04-23 at 11.51.22 amOn Friday I attended a seminar at Melbourne Law School to meet Jennifer Nedelsky and discuss her work on creating new social norms around work and care. Her proposal – in a nutshell – is that all of us in Western societies should work a maximum of 30 hours/week and minimum of 12 in paid employment, and do a minimum of 12, maximum of 30 hours unpaid care work.

The goal of such a radical transformation of our time-poor lives is that currently care relies on and reinforces inequality. According to Nedelsky’s model, if we equalise our responsibility for caring then the hierarchies implicit in our current model of working life will be evened out. Care will become explicitly valued, policy-makers will have experienced caring to understand the issues at stake (and therefore develop better and more responsive policy), and our relationships will be enhanced.

Nedelsky’s utopian model is exactly what we need to shift the debate about work-life balance from hand-wringing to the genuine social reform we need – although there are inevitably some issues to be ironed out. This post distills my understanding of Nedelsky’s proposal, and draws on comments and discussion offered by participants in the Melbourne seminar. Inevitably I have not canvassed the full extent of her model – there is so much to think about.

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Time for women lawyers to claim their power

Screen Shot 2016-04-03 at 7.05.25 amI graduated in one of the first cohorts in law at the University of Queensland to comprise 50% women. Despite experiencing overt sexism in some of my job interviews and tacit sexism during my working life, it still did not occur to me for a long time that I would be treated any differently from my male counterparts. I thought sexism to be exceptional. As a young woman, I believed all in the profession would be treated on merit.

The intervening 26 years in the workforce has shown that the idea of merit excludes many people of merit. Hard work and talent are not enough – if it were, the upper ranks of the legal profession in particular, would look a lot more diverse.

We know this – study after study has confirmed it. We even know why there is a lack of diversity – that the culture of the legal profession operates in a deeply exclusionary way. What we don’t seem to know is how to dismantle this culture. This post forms the basis of some ideas I will be sharing at the 2016 conference of the Australian Women Lawyers (‘AWL’). In it, I offer some ideas on cultural change in the legal profession, focusing on changing entrenched gender bias.

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Fertility tracking: women’s lib?

Screen Shot 2016-03-25 at 10.34.49 amA recent article in The Guardian profiled the rise of fertility tracking software and devices. It left me uncomfortably attempting to reconcile the obvious benefits with what are likely to be the costs of such technologies.

For some time, apps have been available as a means to record your menstrual cycle. The one I use, Period Tracker, allows you not only to input the date of your period, but to record a variety of symptoms (bloating, headache, night sweats) and moods (‘flirty’, anxious, sad), and even when a woman is sexually active. The app calculates your likely cycle, which for those who menstruate other than on a 28 day cycle, is very handy. The deluxe version, I believe, can be shared with your partner to identify your window of fertility.

Fertility trackers are an updated version of this. Like Fitbit, they can be tuned into your body’s physiology and work with that data to alert you to your fertility. Some suggest that this data might also be able to predict underlying medical conditions. This has implications both personally and population wide – implications that are both potentially liberating and chilling.

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Enough pledges. Act!

The Australian reported today that the New South Wales Law Society would urge law firms to sign up to a charter for advancing women in the legal profession, including a pledge to achieve equal pay for male and female graduates, within 12 months.

On the basis that differentiating pay based on gender (or race, or age etc) is unlawful, why is such a pledge needed? Why doesn’t the law society say: if a law firm is not currently paying staff equally for equal work, it will be prosecuted. I guess pledges and charters seem so much less in your face. But that is why I suspect that they will not work.

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