Brexit : a setback for women’s rights in the United Kingdom ?

Temps de lecture : 9 minutes

Brexit : a setback for women’s rights in the United Kingdom ?

04.07.2020

Writter by Sophie Bonnetaud
Translated by Julie Penverne

On the 1st of January 2021, the UK will officially leave the EU, starting a worrying European exile for women. Indirect consequences linked to the socio-economic role played by women in British society are as threatening as direct impacts. Indeed, the birth and development of women’s rights in Britain is greatly influenced by EU law. However, women’s future in the UK does not appear to be the primary concern of the government. This lack of interest is especially concerning for 2021.

“Feminism is not only a demand for justice, nor some scandalous protests; It is also the hope, if not the promise of a different and potentially better world”. These words, casted by Benoite Broult, journalist and feminist activist, resonate differently with the announcement of a Brexit that is particularly threatening to women’s rights.

On 12th of December 2019, the  British elections have officialised UK’s exit from the EU. At that time, Bruxelles and the UK seemed to have come to a satisfying agreement for both parties. However, this agreement did not look promising for women’s rights in the UK, and could lead to a questioning of the progress made in this area since the country’s entry in the EU. In a male dominated political class, this setback does not appear to be of great concern. In fact, the UK still rates 41^st worldwide for its gender-based discrimination in the political sphere, placing them behind countries such as East Timor and Burundi^[1]Rory Smith, « Brexit could be a big step backward for women’s rights, report says », 23 July 2018, CNN, Available at : … Continue reading. Today, only 32% of representatives in the House of Commons are women^[2]Rory Smith, « Brexit could be a big step backward for women’s rights, report says », 23 July 2018, CNN, Available at : … Continue reading. According to Sam Smethers, Executive Director of Fawcett Society, a UK-based charity that campaigns for gender equality, Parliament “looks more like gentlemen’s club than a modern legislature^[3]Rory Smith, « Brexit could be a big step backward for women’s rights, report says », 23 July 2018, CNN, Available at : … Continue reading ».

Thus, Brexit illustrates women’s exclusion from decision making processes and political debates. As early as the referendum campaign in 2016, they have been underrepresented, both in the media and the political figures leading the campaign. This constant lack of representation turned Brexit into a men’s project. For instance, Sarah Healy was the only women amongst the nine members of the initial team responsible for negotiating Brexit^[4]Mark Smith et Mallory Fanton, « Theresa May, le Brexit et l’avenir de l’égalité des genres au Royaume-Uni », 10 June 2019, The Conversation, Available at : … Continue reading.According to Roberta Guerrina, Professor at the University of Surrey, “The narrative around Brexit is always focused on male values, promoted by male speakers and targeting a public of the same gender. Unfortunately, women are already suffering from years of austerity and budget cuts in the active policies of the welfare state, and will be paying the price^[5]Christophe Dennaud, « Brexit : les femmes seront les premières touchées », 17 December 2019, Café Babel, Available at : … Continue reading ». Brexit policies will continue to indirectly affect British women through their role in society and their place in the labour market.

Socio-economic impacts of Brexit on women

Economic impacts

The position of women in the UK’s socio-economic structures, together with the economic slowdown induced by Brexit, will have important consequences for them. For instance, the government’s “Yellow Hammer” plan for Brexit will result in an increase in prices for products of basic necessities. Single-parent families, mainly made up of women, will therefore be the first victims of this price surge^[6]The Yellow Hammer plan consists of limiting the access of heavy goods vehicles to customs controls, thereby reducing the current level of traffic by 40 to 60%. This traffic limit therefore has an … Continue reading.

Brexit will also result in reduced public spending on public services, mainly health and social assistance. As British women remain the main users of these services, which they use both for themselves and for family members for which they are responsible, they would therefore be the first affected by this measure^[7]Rob Mudge, « Will Brexit be worse for women », 26 June 2019, DW, Available at : https://www.dw.com/en/will-brexit-be-worse-for-women/a-49358640.

Social impacts

Despite a high level of women’s participation in the UK labour market, the policies introduced by the Government will lead to an increase in income inequalities. An ECHR report claims that “employment rights and the funding of services for women are areas of particular concern^[8]Alexandra Topping, « Women’s rights under threat after Brexit, warns EHCR report », 23 July 2018, The Guardian, Available at : … Continue reading”.  As such, the statistics are alarming: according to the Women’s Budget Group, a women’s rights organisation, nearly 900,000 jobs held by women could be at risk once the UK leaves the EU. Women in the UK would be the first affected by job losses as companies have been shown to lay off women before men^[9]Emily Dixon, « Is Brexit a feminist issue ? Statistics suggest leaving the EU will adversely affect women – but their voices aren’t being heard », Bustle, 29 September 2018, Available at : … Continue reading. In addition, Brexit would lead to an increase in the pay gap. The gap is already high, with women earning about £1,250 less than men per year for equal work^[10]Or minus 1 387,72 euros.^[11]Emily Dixon, « Is Brexit a feminist issue ? Statistics suggest leaving the EU will adversely affect women – but their voices aren’t being heard », Bustle, 29 September 2018, Available at : … Continue reading

The labour market itself observes a trend of gender segregation, with some sectors predominantly occupied by women, while others are predominantly occupied by men, leading to a disadvantage for British women. Female-led sectors such as the textile industry or the health and social sectors, are intrinsically dependent on the EU and will be hardly hit by Brexit^[12]Rob Mudge, « Will Brexit be worse for women », 26 June 2019, DW, Available at : https://www.dw.com/en/will-brexit-be-worse-for-women/a-49358640.  In the health sector, up to 28,000 workers could lose their jobs within five years of the UK’s exit from the EU^[13]Emily Dixon, « Is Brexit a feminist issue ? Statistics suggest leaving the EU will adversely affect women – but their voices aren’t being heard », Bustle, 29 September 2018, Available at : … Continue reading.

However, women will not only be indirectly affected by Brexit-related policies; their fundamental rights will in turn be jeopardized.

The curtailment of women’s rights by Brexit

European legislation is the fo
undation for most of the protections granted to British women. An alarming situation highlighted in the report of the Women’s Budget Group published on 17th January 2019^[14]Christophe Dennaud, « Brexit : les femmes seront les premières touchées », 17 December 2019, Café Babel, Available at : … Continue reading.

The role of the European Union in UK women’s law legislation

As early as the Treaty of Rome, ratified on 25th March 1957, the European Economic Community, forefather of the European Union, placed gender equality and non-discrimination at the heart of its values. Therefore, it developed protective legislation in this area, gradually incorporated into British law by Parliament. As such, many laws promoting equal pay have been adopted; the Equal Pay Act in 1970 is a reflection of this effort. The Act guaranteed equal pay between the sexes for “equal work”. Its application was extended to work of “equal value” by the European Court of Justice in 1982 ^[15]Mia Neafcy, « Brexit et la femme : une conséquence imprévue », 22 février 2018, Union des féministes d’Assas, Disponible sur : … Continue reading.

Moreover, European legislation has granted the revaluation of part-time work, which mainly concerns women. This revaluation has consisted in promoting equal pay and social benefits in relation to full-time workers, relatively to the number of hours worked^[16]Camille Pauvarel, Virginie Herz, « Brexit : les droits des femmes menacés ? », 31 janvier 2020, France 24, Disponible sur : … Continue reading. Cette revalorisation a consisté à promouvoir l’égalité des rémunérations et des avantages sociaux par rapport aux travailleur.se.s à temps plein, au prorata des heures travaillées^[17]Camille Pauvarel, Virginie Herz, « Brexit : les droits des femmes menacés ? », 31 January 2020, France 24, Available at : … Continue reading.

European directives have also made it possible to extend paid maternity leave. Until then, women who were not working full time or employed for less than two years were not entitled to paid maternity leave. This concerned about two million of them^[18]Marie Cappart, « Brexit : les femmes et les minorités fragilisées », 14 November 2019, Les Grenades-RTBF, Available at : … Continue reading. EU law has extended maternity leave arrangements as part of a general policy of protection during pregnancy in the labour market.

These measures have had conclusive results. Gender discrimination and equal pay claims are estimated to have decreased by 76% and 57% respectively in 2017^[19]Emily Dixon, « Is Brexit a feminist issue ? Statistics suggest leaving the EU will adversely affect women – but their voices aren’t being heard », Bustle, 29 September 2018, Available at : … Continue reading. The number of complaints for discrimination related to pregnancy and maternity is also reported to have fallen by 42 %^[20]Alexandra Topping, « Women’s rights under threat after Brexit, warns EHCR report », 23 July 2018, The Guardian, Available at : … Continue reading. At the same time, the employment rate for women is reported to have increased significantly, reaching 71% in 2018^[21]Rory Smith, « Brexit could be a big step backward for women’s rights, report says », 23 July 2018, CNN, Available at : … Continue reading.  Unfortunately, these positions are still more likely to be lower paid, less secure and part-time work. According to Sam Smethers, despite these arrangements, “54,000 mothers lose their jobs every year simply because they are pregnant^[22]Alexandra Topping, « Women’s rights under threat after Brexit, warns EHCR report », 23 July 2018, The Guardian, Available at : … Continue reading”.

Brexit’s impact on British women’s rights

Aisha K.. Gill, Professor of Criminology and Gender Studies at the University of Roehampton, claims that “the legal impact of Brexit will be significant^[23]Christophe Dennaud, « Brexit : les femmes seront les premières touchées », 17 December 2019, Café Babel, Available at : … Continue reading”. The ECHR report notes that the main provisions governing the 2010 Gender Equality Act are not included in the Brexit Bill: they will therefore not be mandatory once the UK leaves the European Union.

Moreover, the Brexit Bill has given the government wide powers, including the power to substantially amend certain laws derived from European legislation^[24]Mark Smith et Mallory Fanton, « Theresa May, le Brexit et l’avenir de l’égalité des genres au Royaume-Uni », 10 June 2019, The Conversation, Available at : … Continue reading. However, British women’s law is primarily based on European directives. In its report “Pressing for Progress: women’s Rights and gender Equality in 2018”, the ECHR calls on the British government to ensure “that there is no regression in the respect, protection and realisation of human rights^[25]Emily Dixon, « Is Brexit a feminist issue ? Statistics suggest leaving the EU will adversely affect women – but their voices aren’t being heard », Bustle, 29 September 2018, Available at : … Continue reading”.

The end of funding towards effective policies

Brexit marks the end of many European funds given to the UK to promote the place of women in society, limit inequalities and ensure their inclusion in society. Thus, Brexit is a source of concern for many associations whose funds are essential for the delivery of action plans to achieve these objectives. With Brexit, British and European women living in the UK risk witnessing a scarcity of support and structures in areas such as domestic violence^[26]Marie Cappart, « Brexit : les femmes et les minorités fragilisées », 14 November 2019, Les Grenades-RTBF, Available at : … Continue reading.

The ECHR report further highlights the special vulnerability of immigrant women living in the UK: “Serious concerns about the detention of pregnant women and survivors of sexual abuse, rape and other forms of violence remain largely unaddressed^[27]Alexandra Topping, « Women’s rights under threat after Brexit, warns EHCR report », 23 July 2018, The Guardian, Available at : … Continue reading”. These women would therefore be twice as affected. Prior to Brexit, 74% of them testified that they had been victims of both racism and sexism^[28]Marie Cappart, « Brexit : les femmes et les minorités fragilisées », 14 November 2019, Les Grenades-RTBF, Available at : … Continue reading. The post-Brexit policy would reinforce these inequalities.

Conclusion

The rights that protect women in the UK are unlikely to disappear overnight. Women MPs will not allow it. Figures such as Lucy Harris,
director of the Leavers of Britain group and Brexit MEP, are calling for the introduction of new progressive laws for women independent from the tutelage of the European Union^[29]Rob Mudge, « Will Brexit be worse for women », 26 June 2019, DW, Available at : https://www.dw.com/en/will-brexit-be-worse-for-women/a-49358640. However, this prospect may seem worrying in that the legislative enrichment allowed by such tutelage will end with the UK’s effective exit from the EU^[30]Mia Neafcy, « Brexit et la femme : une conséquence imprévue », 22 February 2018, Union des féministes d’Assas, Available at : … Continue reading. Despite European action, the figures regarding violence against women are still appalling. Between 2011 and 2018, domestic violence in London had increased by 63 per cent, and 173 women had been victims of feminicide^[31]Alexandra Topping, « Women’s rights under threat after Brexit, warns EHCR report », 23 July 2018, The Guardian, Available at : … Continue reading. In 2017, 145,397 sexual offences were recorded by the police^[32]Alexandra Topping, « Women’s rights under threat after Brexit, warns EHCR report », 23 July 2018, The Guardian, Available at : … Continue reading, a 25% increase from 2016.

Historically, British women have always fought for their rights. When they leave the European Union, the fight will prove difficult for the 2020 Suffragettes in a society still strongly marked by gender discrimination.

Although the road towards equality promises to be a laborious one, British women must not give up and must not forget that, as Michelle Obama puts it, “there is no limit to what we, as women, can accomplish^[33]Michelle Obama,  Remarks at Barack Obama’s speech on the 2012 presidential term”.

Sources

Marie Cappart, « Brexit : les femmes et les minorités fragilisées », 14 November 2019, Les Grenades-RTBF, Available at : https://www.rtbf.be/info/dossier/les-grenades/detail_brexit-les-femmes-et-les-minorites-fragilisees-cno?id=10359845

Christophe Dennaud, « Brexit : les femmes seront les premières touchées », 17 December 2019, Café Babel, Available at : https://cafebabel.com/fr/article/brexit-les-femmes-seront-les-premieres-touchees-5df8b6c7f723b30e2b88212f/

Emily Dixon, « Is Brexit a feminist issue ? Statistics suggest leaving the EU will adversely affect women – but their voices aren’t being heard », Bustle, 29 September 2018, Available at : https://www.bustle.com/p/is-brexit-a-feminist-issue-statistics-suggest-leaving-the-eu-will-adversely-affect-women-but-their-voices-arent-being-heard-12099709

Rob Mudge, « Will Brexit be worse for women », 26 June 2019, DW, Available at : https://www.dw.com/en/will-brexit-be-worse-for-women/a-49358640

Mia Neafcy, « Brexit et la femme : une conséquence imprévue », 22 February 2018, Union des féministes d’Assas, Available at : https://unionfeministesassas.wordpress.com/2018/02/22/brexit-et-la-femme-une-consequence-imprevue/

Camille Pauvarel, Virginie Herz, « Brexit : les droits des femmes menacés ? », 31 January 2020, France 24, Available at : https://www.france24.com/fr/20200131-brexit%C2%A0-les-droits-des-femmes-menacés.

Mark Smith et Mallory Fanton, « Theresa May, le Brexit et l’avenir de l’égalité des genres au Royaume-Uni », 10 June 2019, The Conversation, Available at : https://theconversation.com/theresa-may-le-brexit-et-lavenir-de-legalite-des-genres-au-royaume-uni-114098

Rory Smith, « Brexit could be a big step backward for women’s rights, report says », 23 July 2018, CNN, Available at : https://edition.cnn.com/2018/07/23/uk/brexit-womens-rights-report-intl/index.html

Alexandra Topping, « Women’s rights under threat after Brexit, warns EHCR report », 23 July 2018, The Guardian, Available at : https://www.theguardian.com/law/2018/jul/23/womens-rights-under-threat-after-brexit-warns-ehcr-report

To quote this article : Sophie Bonnetaud, “Brexit : a setback for women’s rights in the United Kingdom ?”, 04.07.2020, Gender in Geopolitics Institute.