Gender and Welfare States in East Asia: Confucianism or Equality?

Is a Confucian cultural climate hostile to gender equality in families and public decision-making? What is the impact of gender equality legislation in East Asia? Approaches to these welfare regimes have ignored gender, while gendered accounts of welfare have neglected East Asia. Comparisons with Western welfare states show strong economies with life expectancy in Japan and South Korea above those of Western social democracies but in contrast there are extremely large gender gaps in employment, earning, unpaid work and parliamentary representation and conjoined with this low fertility rates and and minimal public social spending on childcare and early education.

In this volume, contributors address questions about gender equality in a Confucian context across a wide and varied social policy landscape, from Korea and Taiwan, where Confucian culture is deeply embedded, through China, with its transformations from Confucianism to communism and back, to the mixed cultural environments of Hong Kong and Japan. Overall, the collections asks: Has East Asia's rapid economic transformation been accompanied by social and cultural transformation?

Deliberative Equality and the Transgovernmental Politics of the Global Financial Architecture

Revisiting the concept of transgovernmentalism, originally developed by Robert Keohane and Joseph Nye, can shed considerable light on the nature of interstate cooperation in contemporary global financial governance. Transgovernmentalism highlights how certain technocratic policy communities, composed of finance ministries, central banks, and regulators, dominate the global financial architecture. It also provides insights into the political and social basis of these actors' interactions and deliberations. Most importantly, renovating the concept of transgovernmentalism brings the participatory deficits in the current global financial architecture into sharp focus and points us in the direction of a workable reform agenda that would expand inclusion and participation. This article advocates basing future reform on efforts to achieve a closer realization of the principle of “deliberative equality.” Unfortunately, “transgovernmentalism” is incompatible with deliberative equality, meaning that it is precisely the transgovernmental characteristics of the current global financial architecture that have to be challenged and overturned if we are to arrive at anything approximating deliberative equality.

Realising political equality: the European Court of Human Rights and positive obligations in a democracy'

The European Convention on Human Rights (ECHR) speaks of the importance of an “effective political democracy” in its Preamble, though it is only in Article 3 of Protocol 1 (P1-3) that we find a right to free elections. This paper discusses the role of “positive obligations” under P1-3. This paper outlines the positive obligations in P1-3 focusing on obligations where the state is required to do more than just change the law. This may mean providing resources or facilities, adopting regulatory frameworks or creating new institutions. The paper highlights specific positive obligations that need to be further developed in the jurisprudence of the European Court of Human Rights (ECtHR). Sometimes these can be developed by analogy with positive obligations recognised in other areas of ECtHR jurisprudence. However, beyond these cases, states should ensure that members of vulnerable and disadvantaged minorities are able to participate in the electoral process and should ensure that dominant political groups cannot abuse their political power to exclude other parties unfairly. This is necessary to realise equal political rights. The second section of this paper sketches some preliminary points about the Strasbourg institutions’ approach to P1-3. After that, the third section identifies circumstances where the ECtHR should apply a more intense scrutiny in P1-3 cases. The fourth, fifth and sixth sections look at positive obligations relating to the right to vote, the right to run for election and the regulation of political parties.

Contextualised Equality and the Politics of Legal Mobilisation: Affirmative Action in Northern Ireland

This article examines the development of affirmative action and equality policies targeted at the two main ethno-national communities in Northern Ireland, as an example of ‘contextualised equality’. The argument places particular weight on a politics of legal mobilisation. The article suggests that the ability to connect post-1998 reforms, in practical and symbolic ways, to overriding inter-communal narratives was often a determining factor in identifying those elements of the Good Friday Agreement which advanced, or were constructed as achievable. The argument has implications for understanding how equality debates will progress, and explaining why certain agendas appear to ‘succeed’ and others ‘fail’.

Demanding Recognition: Equality, Respect, and Esteem

This article argues that we must distinguish between two distinct currents in the politics of recognition, one centred on demands for equal respect which is consistent with liberal egalitarianism, and one which centres on demands for esteem made on behalf of particular groups which is at odds with egalitarian aims. A variety of claims associated with the politics of recognition are assessed and it is argued that these are readily accommodated within contemporary liberal egalitarian theory. It is argued that, pace Taylor, much of what passes for `identity' or recognition politics is driven by demands for equal respect, not by demands for esteem/affirmation. Given the inherently hierarchical nature of esteem recognition, no liberal state can consistently grant such recognition. Furthermore, these demands pose the risk of intensifying intergroup competition and chauvinism. Esteem recognition is valuable for individuals, but plays a problematic role for egalitarian politics.