双语:美国长期存在的性别歧视问题严重阻碍妇女人权的实现

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摘要

Full Text: The Long-Standing Issue of Gender Discrimination in the United States Seriously Hinders the Realization of Women’s Human Rights within the Country

The China Society for Human Rights Studies issued an article on gender discrimination in U.S.

美国长期存在的性别歧视问题严重阻碍妇女人权的实现

The Long-Standing Issue of Gender Discrimination in the United States Seriously Hinders the Realization of Women’s Human Rights within the Country

 

中国人权研究会

The China Society for Human Rights Studies (CSHRS)

 

2019年11月

November 2019

 

消除一切形式的性别歧视,实现男女平等是人类文明进步的重要标志。1975年联合国第一次世界妇女大会通过的《墨西哥宣言》指出:“男女平等是指男女的人的尊严和价值的平等以及男女权利、机会和责任的平等。”以“人权卫士”自居的美国,不但至今仍未批准《消除对妇女一切形式歧视公约》这一联合国核心人权公约,其国内存在的性别歧视问题也日益恶化,严重阻碍了妇女人权的实现。

 

Eliminating all forms of gender-based discrimination and achieving full equality between men and women are considered to be major hallmarks in the advancement of human civilization. In 1975, the First UN World Conference on Women passed the Declaration of Mexico on the Equality of Women and Their Contribution to Development and Peace. The Declaration states: “Equality between women and men means equality in their dignity and worth as human beings as well as equality in their rights, opportunities, and responsibilities.” The United States, who always presents itself as a “defender of human rights”, has not yet ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which is one of the United Nations’ core human rights conventions, nor has it solved its own increasingly serious problem of gender discrimination. This oversight has significantly hampered the realization of women’s human rights in the United States.

 

一、美国性别歧视问题的主要表现

Chapter 1 Gender-Based Discrimination in the United States

 

性别歧视是美国社会存在的一个严重问题。美国妇女受到长期的、系统的、广泛的、制度性的歧视,各种公开的、隐蔽的性别歧视现象触目惊心。

 

Gender discrimination is a grave problem in US society. US women suffer long-term, systematic, extensive, and systemic discrimination. The various forms of gender discrimination that persist publicly or secretly all over the country have caused a hideous pattern of injustice.

 

(一)经济领域的性别不平等

 

Section 1 Economic Gender Inequality

 

美国是世界上经济最发达的国家,但妇女在经济领域的权利未能得到有效保障。妇女在就业、薪酬和职业发展等方面都面临着严重的歧视。

 

The United States is the most economically developed country in the world, but it fails to effectively protect women’s economic rights within the country. As such, US women face serious discrimination in employment, payment, and career development.

 

其一,对妇女的就业歧视和职业歧视相当严重。据统计,妇女占美国总劳动力的比重超过46%,是推动美国经济增长的重要力量。然而,妇女的劳动权利并未得到相应的保障。一是美国职业的性别化区分明显。在美国,妇女就业范围有限,主要集中在文书工作和零售业等领域,在高声望领域妇女所占的比重大大低于男性。与美国科技从业者数量增加相反,美国女性科技从业者人数却在明显地下降,仅仅占全部科学技术领域工作人数的1∕4左右。在美国排名前25的科技公司中,女员工仅占全部员工的19.6%。二是美国妇女失业率明显高于男性。美国劳工统计局发布的就业报告显示,2016年10月至2017年10月,美国零售业岗位共减少54300个,但男性和女性的遭遇却截然不同:女性失去了超过16万个职位,而男性却增加了10.6万个职位。三是美国职场对怀孕妇女和哺乳期妇女存在歧视。孕妇和新生儿母亲面临着现实的就业歧视问题,许多雇主并不尊重《怀孕歧视法案》,时常发生逼迫怀孕女员工离开自己工作岗位的事件。四是在职业发展中,妇女无法获得与男性同等的发展机会,很难打破职业竞争中的“天花板”。《旧金山纪事报》网站2018年12月21日报道,在美国科学技术领域工作的女性中,有50%的受访者表示在工作中经历过性别歧视;约70%的女性受访者表示,在政界和商界担任高层领导职位的女性太少。

 

Part 1 US Women are Facing Serious Employment and Occupational Discrimination. According to statistics, women account for more than 46 percent of the total US labor force and are an important driving force in North America’s economic growth. Nevertheless, women’s labor rights are not protected accordingly. Some of the major problems in this regard are as follows: First, occupational gender segregation is obvious in the United States. Jobs in high-tech and high-prestige sectors are filled significantly more by men than by women. In the United States, women are mainly employed in a limited number of sectors for secretarial work or retail positions. Despite an increasing number of people working in the science and technology sectors in the United States, the number of women working in these sectors has dropped significantly, accounting for only about 1/4 of the total number of people working. In the top 25 technology companies in the United States, female employees account for only 19.6 percent of all employees. Second, in the United States, the unemployment rate for women is significantly higher than that of men. According to an employment report released by the US Bureau of Labor Statistics, from October 2016 to October 2017, retail jobs in the United States decreased by 54,300. However, the impact on men vs. women was quite different. During this period, women lost more than 160,000 jobs, while 106,000 new jobs were added for men. Third, discrimination against pregnant women and new mothers remains widespread in US workplaces. In the United States, pregnant women and new mothers have to contend with employment discrimination. Many employers do not respect the Pregnancy Discrimination Act (PDA), and pregnant female employees are often forced to leave their jobs. Fourth, when it comes to career development, US women can hardly obtain the same development opportunities as US men, and it is also difficult for them to break the “glass ceiling” when competing for jobs against men. A survey reported on the website of the San Francisco Chronicle on December 21, 2018, in the United States, showed that half of the female interviewees working in science and technology jobs have experienced gender discrimination in the workplace, and about 70 percent of them said that there were too few women in political and business leadership positions.

 

其二,男女同工不同酬问题突出。美国人口普查局发布的数据显示,多年以来,男女两性之间的收入差距一直维持在21%左右,其间2007年差距为23%,2016年差距为19.5%,缩小差距的幅度并不大。2017年美国女性的年工资收入仅为男性的80.5%,与2016年相比没有统计学差异。2018年美国女性的年工资收入仅为男性的81.3%。在性别歧视更明显的州,女性工资更低。不同种族妇女的收入差异也很大。非洲裔女性的工资仅相当于男性的62%,拉美裔女性的工资仅相当于男性的54%,部分州有色人种女性工资水平尚不足有色人种男性工资收入的50%。女性在各个类型工作岗位的平均工资都低于男性,即使是在像护士等工资较低而且以女性为主的职业中,女性的工资依然低于男性。

 

Part 2 Unequal Pay for Men and Women Doing the Same Jobs Is a Prominent Problem in the United States. According to data released by the US Census Bureau, for many years there has been about a 21 percent difference between the income of men and that of women. In 2007, the difference was 23 percent, and in 2016, 19.5 percent. There is no significant decrease in this number. In 2017, the annual salaries of US women accounted for only 80.5 percent of US men’s annual salaries, showing no progress in statistical terms when compared to the previous year. In 2018, the annual salaries of US women still accounted for only 81.3 percent of US men’s annual salaries. In the states where gender discrimination is occurring more obviously, women earn even less than men. Within that problem, income differences among women of different races are also significant. Afro-American women’s wages are only 62 percent of that of US men. Hispanic women’s wages are only 54 percent of that of US men. In some states, women of color earn wages that are even less than 50 percent of those earned by men of color. The average wages of women in all types of jobs are lower than those of men. Even in lower-paid and female-dominated jobs such as nursing, women’s wages are still lower than those of men.

 

其三,妇女贫困问题严重。联合国专家组2015年12月11日发布的报告指出,2005年至2015年的十年间,美国贫困妇女比例从12.1%上升至14.5%,该数字持续高于男性,其中主要是族裔少数群体、单亲家庭妇女和老年妇女。斯坦福大学贫困与不平等问题研究中心2017年发布的报告显示,美国南部农村的整体贫困率为20%,其中非洲裔美国人的贫困率是33%,非洲裔妇女的贫困率高达37%。美国退休安全研究所的研究显示,退休后女性比男性更容易陷入贫困,美国65岁以上女性陷入贫困的几率比男性高出80%,75至79岁女性陷入贫困的几率更是男性的3倍。

 

Part 3 Women Are More Likely Than Men to Live in Poverty. According to a report released by a UN expert group on December 11, 2015, the proportion of women in poverty in the United States increased from 12.1 percent to 14.5 percent from 2005 to 2015. This proportion was always higher than that of men, and most of these poor women were women from racial minorities and single-parent families and women of older ages. According to a report released by the Stanford Center on Poverty and Inequality in 2017, the overall poverty rate in rural areas in the south of the United States was 20 percent, the poverty rate of Afro-Americans in these areas was 33 percent, and that of Afro-American women in these areas was 37 percent. Another research project conducted by the National Institute on Retirement Security (NIRS), a US-based research institute, has found that retired women are more likely than retired men to live in poverty in the United States. According to this research, US women aged 65 and above are 80 percent more likely than US men of the same age to live in poverty, and US women aged between 75 to 79 are three times more likely than US men of the same age to live in poverty.

 

(二)妇女遭受职场性骚扰和性侵害

 

Section 2 Sexual Harassment and Assault Affect Women in the US Workplace.

 

美国妇女在工作场所遭受性骚扰和性侵害的问题极为普遍。美国平等就业机会委员会2017年发布的报告显示,60%的女性在工作中遭受过性骚扰。由于许多受害者因各种原因不敢提出指控,妇女遭受性骚扰和性侵害的实际数量可能会更高。《今日美国报》网站2018年9月26日报道,性骚扰、性侵犯在美国娱乐界已经成为系统性问题。根据对全行业的调查,94%的受访女性表示在职业生涯中经历过某种形式的性骚扰或性侵犯。2017年10月,针对美国影视制作人哈维·温斯坦性侵多名女明星的丑闻,美国各界在社交媒体上发起名为“ME TOO(我也是受害者)”的社会运动,鼓励受害者用这种方式抗议美国广泛存在的性骚扰和性侵害,得到了百万余人响应。英国广播公司网站2017年11月22日报道,前美国奥林匹克体操运动队医生拉里·纳萨尔被指控性侵接受其治疗的女运动员,受害者达130多名,其中包括多名奥运金牌得主。《今日美国报》网站2017年11月20日撰文指出,美国各州议会深陷性骚扰丑闻。《得梅因纪事报》2018年10月14日报道,艾奥瓦州有20多名议员或议会工作人员卷入到性骚扰案件中,而案件受害者由于担心失业或报复不得不在10余年中保持沉默。

 

The high occurrence rate of sexual harassment and assault in US workplaces is a problem that US women have to face. According to a report issued in 2017 by the Equal Employment Opportunity Commission (EEOC), about 60 percent of women had experienced some form of sexual harassment at their workplace. As many victims may be afraid to make accusations, the actual proportion may be even higher. As reported by the website of USA Today on September 26, 2018, sexual harassment and assault have already become a systemic problem in the US entertainment industry. According to an industry-wide survey, 94 percent of female respondents have experienced some form of sexual harassment or sexual assault during professional lives. In October 2017, in response to the scandal of US film and television producer Harvey Weinstein’s sexual assault on many female celebrities, people from various sectors of the United States initiated a social campaign named “Me Too” on social media to encourage victims to protest against widespread sexual harassment and sexual assault in the United States. This movement got responses from more than a million people. The BBC website reported on November 22, 2017, that former US Olympic gymnastics team doctor Larry Nassar was accused of sexually assaulting female athletes who received his treatment, and among the more than 130 victims, several of them were Olympic gold medal winners. The USA Today website wrote on November 20, 2017, that the US state legislatures were caught in frequent sexual harassment scandals. As reported by the Des Moines Register on October 14, 2018, more than 20 members or staff members of legislative bodies in Iowa have been accused of having participated in some form of sexual misconduct, but the victims have no choice but to remain silent for more than 10 years in the fear that they may lose their jobs or experience retaliation.

 

(三)校园性骚扰和性侵害问题严重

 

Section 3 Severe Problems of Sexual Harassment and Sexual Assault in Schools

 

美国高等院校联合会2015年9月发布的调查结果显示,23%的大学本科女生遭受过性骚扰或性侵害,20%的大学生认为性侵犯和不当性行为成为大学校园中极为严重的问题。美国社会科学研究网站2017年的调查显示,在美国主要的研究型大学,每10名受访女研究生中就有1人曾经遭遇教职员工的性骚扰。《迈阿密先驱报》网站2016年9月21日报道,一名16岁的高中女孩在佐治亚高中的教室被性侵之后,反而因申诉被校方多次停课,学校负责人在调查过程中甚至强迫她和侵害人在同一个房间进行询问并演示受害过程,致使其遭受二次心理伤害。

 

Section 3 Severe Problems of Sexual Harassment and Sexual Assault in Schools

 

According to a survey released by the Association of American Universities (AAU) in September 2015, 23 percent of undergraduate female students had experienced sexual harassment or sexual assault. 20 percent of university students believed that sexual assault and inappropriate sexual behavior had already become an extremely serious problem on campus. According to a study published on the website of the Social Science Research Council (SSRC) in 2017, one in every 10 female graduate students interviewed at major research universities in the United States reported being sexually harassed by a faculty member. As reported by the website of the Miami Herald on September 21, 2016, a 16-year-old high school girl who had been sexually assaulted in a Georgia high school classroom was suspended from school many times due to her complaint, and the school head even forced her and the violator to stay in the same room and demonstrate the victimization process during the investigation, resulting in her suffering from a secondary psychological injury.

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