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WOMEN IN EMPLOYMENT : A FEMINIST PERSPECTIVE

By

FASIHAH BINTI MOHAMAD SHARIFF (2010428284) NUR LIYANA BINTI AZIZ (2010465868)

NUR AZZUREEN BINTI NOR HISHAM (2010804232)

Submitted in Partial Fulfillment of the Requirements for the Bachelor in Legal Studies (Hons)

Universiti Teknologi MARA Faculty of Law

December 2012

The students/authors confirm that the work submitted is their own and that appropriate credit has been given where reference has been made to the work of

others.

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II

ACKNOWLEDGEMENTS

First and foremost we would wish to express our gratitude to Allah S.W.T.

for his blessing in giving us patience and strength to complete this research paper.

The preparation of this research "Women in Employment: A Feminist Perspective"

would not have been possible without the valuable contribution and endless support from our supervisor, Dr.Hariati Mansor. Even though her field was not within our research scope, but her knowledge is sufficient to guide us on overview of discrimination on employment from feminist perspective.

We would like to express deepest appreciation to our lecturer Prof. Ibrahim Lamat for guiding us on feminism theories and alsacontribute his idea on feminism in Malaysia. We also would like to express our gratitude to Puan Ezan Rahmat and Puan Jashpal Kaur Bhatt who has been a helping hand in our research. Thank you for sharing with us the knowledge on women issues.

Also, special thank to the staff of Library of Tun Abdul Razak II, University Technology of MARA who has been a helping hand in assisting us to find the right materials and sources to be put into our research paper. Not forgetting to Final Year Seniors of Bachelor in Legal Studies(BLS) who have been a tremendous help to us in giving research materials regarding feminism legal theories.

Finally to our parents who have been giving us endless support in completing this research paper. Thank you for cheering us at difficult time and remind us not to ever give up. Once again, a massive thank you to the people concerned for all the help in completing this research paper. We appreciate it every much.

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Ill

ABSTRACT

The topic for our research is Women in Employment: A Feminist Perspective. From the topic itself, it can be inferred that two major things that is important for this research is feminism and employment. In this research, we seek to analyze the acceptance of feminist legal theory in Malaysia and also the issues regarding women's right in employment. This research is theoretical in nature as we do not conduct any interviews. It is a solely library-based research. Nowadays, women's capabilities have been acknowledged in most occupations. However, the legislation fails to provide sufficient protection for women's right. Therefore, our research is to review the theories of feminism and it relations with women's right in employment. We also analyze both international and domestic law which governed employment in Malaysia. The general idea is to prevent discrimination against women on the ground of gender basis.

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IV

TABLE OF CONTENTS

Acknowledgements ii

Abstract iii Contents iv List of Statutes v List of Cases vi

CHAPTER ONE: INTRODUCTION

1.0 General Introduction 1 1.1 Historical Background 1 1.2 Research Questions 4 1.3 Objective of Research 4

1.4 Research Methodology 4 1.5 Literature Review 5 1.6 Scope and Limitation 13 1.7 Significance of the Study 13

1.8 Provisional Plan 15

CHAPTER TWO: FEMINIST LEGAL THEORIES

2.0 Introduction 16 2.1 Liberal Approach 16 2.1.1 The Rise of Liberal Feminism 17

2.1.2 Feminism Organisation: National Organization for Women (NOW) 17

2.1.3 The First Women's Right Convention 18

2.2 Radical Approach 19 2.2.1 Radical Feminist Movement: Establishment of Women's Liberation

Front (WLF) 20

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2.2.2 Criticism on Radical Feminism 20

2.3 Cultural Approach 21 2.3.1 "Ethic of Justice" and "Ethic of Care" 21

2.3.2 Cultural Feminism Arguments in Law 22 2.3.3 Criticism on Cultural Feminism 23

2.4 Post-Modernism 24 2.5 Feminism in Malaysia 25 2.5.1 The Case of Beatrice A/P AT Fernandez v Sistem Penerbangan

Malaysia & Ors 26 2.5.2 The Case of Sistem Penerbangan Malaysia v Yong Pau Chin 26

2.5.3 The Case of Noorfadilla bt Ahmad Saikin v Chayed bin Basirun

& Ors 27 2.6 Conclusion 28

CHAPTER THREE: WOMEN AND THE LAW

3.0 Introduction 29 3.1 Universal Declaration of Human Rights (UDHR) 30

3.2 Convention on Elimination of Descrimination Against Woman

(CEDAW) 32 3.2.1 The Definition of Discrimination 32

3.2.2 Discrimination on Employment Sector 33

3.3 Article 8 of Federal Constitution 35 3.1.1 Position of woman and man in equality 36

3.4 Position of Woman in Employment Act 38

3.4.1 Maternity Leave 38 3.4.2 Working Hour 39

Referensi

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