Female condition

                     Female condition

female condition, together of the rights relating to the women and their place in the company.

Historically and traditionally, the women did not profit from a positive but, on the contrary, negative legal recognition, in what the law generally provided of the restrictions, even prohibitions, of right against the women. The emergence of a women's right is closely related to the feminist claims which developed since the beginning of  the XX ^E century. The women's right expresses two types of claims: on the one hand, the accession with the rights recognized for the men and equality of the sexes; in addition, legal recognition of certain rights specific to the condition of the women.

In France, it is into 1944 that the women gained the right to vote and to be elected (ordinance of April 21, 1944), right which they will exert, for the first time, in April 1945, with the local elections. Two years later, the preamble to the new Constitution stated for the first time that "the law guaranteed to the woman, in all the fields, of the rights equal to those of the man". It is in the middle of years 1960 that the equality of the sexes started to be recognized on the civil standard of living. The professional equal rights were acquired in the years 1980 only. The vast legislative movement in favour of the recognition of the equality of the wife compared to her husband, started in 1965 (law on the marriage settlements), was completed by the law of December 23, 1985, which devoted definitively, and absolutely, the equality between the husbands  —whereas before, the husband could only manage the goods of the community.

On the professional level, the right slowly recognized with the women the equality of the sexes. Held to the men a long time, the uses of the public office were opened to the women by a stop of the Council of State of 1936, which recognized their "legal capacity" for this employment (before, the Council called upon their not-tender with the military service). The equality of the sexes in the public office was definitively affirmed by the Staff Regulations general of the civils servant of 1983-1984, after the intervention of a European directive of February 9, 1976 relating to the professional equality of the men and women in the sectors public and deprived.

It is into 1983 that the French right raised in prohibition the discrimination based on the sex recruitment career profile. Today, the Fair labor standards act poses the principle according to which the recruitment of an employee cannot be conditioned by the membership of one or the other sex (article L 123-1). Some exceptions remain and relate to only certain professions (artists, mannequins). The code also imposes an equal pay between the women and the men for employment of comparable nature.  See also  Women, work of.

The rights specific to the women relate to mainly the law to contraception (law of December 28, 1967;  to see  Births, control of) and the right to the abortion (celebrates law Veil of January 17 1975). These rights, discussed by certain minority groups (not hesitating to intervene as commandos into the hospitals in order to preventing the personnel from practising the IVG), are the subject of a particular legal protection, as the law of January 27, 1993 shows it, which raised in offence the obstacle with the abortion.