Administrative measures to ensure equality between men and women in the civil service: problems and prospects

Madatov Oleg Yakovlevich General adviser, Interregional Public Movement for the Protection of the Rights of Servicemen and Their Families «Conscience of the Law» 350072, Russia, Krasnodar Territory, Krasnodar, Moskovskaya str., 61, sq. 32 oleg_madatov@rambler.ru Other publications by this author

Introduction

In the modern world, issues of gender equality occupy one of the central places in discussions about social justice and the effectiveness of public administration ^{[1, p. 105]}. The principle of equal rights and opportunities for men and women has been proclaimed as a fundamental value by many states (Russia – Part 3 of Article 19 of the Constitution of the Russian Federation; Uzbekistan – the Law on Equal Rights and Opportunities for Women and Men, etc.) and international organizations (UN – Article 11 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW); International Labour Organization – Convention No. 100 on Equal Remuneration for Men and Women for Work of Equal Value). However, despite significant progress in this area, achieving de facto gender equality in various spheres of public life, including in public service, remains a complex and multifaceted task.

The relevance of this study is due to several factors. Firstly, the current practice of implementing the principle of gender equality in the civil service often faces problems related not only to discrimination against women, but also to manifestations of discrimination against men, which, although less noticeable, also have a negative impact on professional development and career growth.

Secondly, the need to improve the efficiency of public administration requires the involvement of the most qualified and motivated personnel, regardless of their gender. Gender stereotypes and discriminatory practices hinder this process, limiting the human resources potential of the civil service.

Thirdly, modern socio-economic challenges, such as demographic changes and global competition, require a rethink of traditional approaches to the organization of public service and the consideration of gender aspects in the development and implementation of public policy. Finally, an analysis of the effectiveness of existing administrative measures to ensure equality between men and women in the civil service and the development of new, more effective tools seems to be a prerequisite for building a just and sustainable society.

The purpose of this article is to analyze administrative measures aimed at ensuring equality between men and women in public service, with an emphasis on identifying problems of discrimination against men and developing proposals for effective measures to eliminate gender inequality.

To achieve this goal, the following tasks are solved in the article:

1. To analyze the existing regulatory framework in the field of ensuring gender equality in the civil service.

2. To identify and systematize the problems related to discrimination against men in the civil service.

3. Evaluate the effectiveness of existing administrative measures aimed at ensuring gender equality in the civil service.

4. To propose specific recommendations for improving administrative measures to eliminate gender inequality, taking into account the specifics of discrimination against men.

5. Identify promising areas for further research in the field of gender equality in the civil service.

Various methods of scientific analysis were used in the course of the study, including:

1. Study of legislation and other regulatory legal acts regulating issues of gender equality in the civil service in order to identify gaps and contradictions.

2. Analysis of statistical data on the representation of men and women in various positions of the civil service, as well as data on wages, promotions and other indicators.

3. Conducting expert interviews with representatives of government authorities, the scientific community and public organizations, as well as analyzing the results of opinion polls and research on gender equality in the civil service.

4. Comparison of the experience of different countries in the field of gender equality policy implementation in the civil service.

5. Analysis of the interrelationships between various factors affecting gender equality in public service.

The legal framework governing gender equality in the civil service includes a wide range of documents at both the international and national levels. The key international instruments are: the Universal Declaration of Human Rights ^[2], the UN Convention on the Elimination of All Forms of Discrimination against Women ^[3], as well as documents of the International Labor Organization concerning equal pay and equal opportunities ^[4].

At the national level, ensuring gender equality is regulated by the Constitution of the Russian Federation ^[5], the Labor Code of the Russian Federation ^[6], the Federal Law "On the State Civil Service of the Russian Federation" ^[7] and other regulatory legal acts. These acts enshrine the principle of equal rights and opportunities for men and women when entering public service, promotion, remuneration and other aspects of labor relations. In addition, government programs aimed at ensuring gender equality and preventing discrimination are being adopted and implemented.

At the same time, despite the existence of an extensive regulatory framework, in practice the implementation of the principle of gender equality in the civil service faces a number of problems, which requires further improvement of legislation and the development of effective administrative measures.

Theoretical and legal foundations of gender equality in public service

Gender equality in public service is a concept based on the recognition of equal rights, opportunities and responsibilities of men and women in public administration ^{[8, p. 29]}. This involves creating an environment in which gender is not a factor determining access to public service, promotion, pay, professional development and the realization of career potential. Achieving gender equality in public service is not only a matter of social justice, but also a necessary condition for improving the effectiveness of public administration, since it allows the full use of the intellectual and professional resources of the entire population.

The issues of gender equality in the aspect of public service were dealt with by such scientists as A. N. Lukin ^[9], T. B. Malinina, L. N. Lipatova ^[10], D. N. Shurukhnova ^[11], I. P. Matveeva ^[12], H. Conley, M. Page ^[13], S. Osborne ^[14], B. Rao, K. G. Suresh, P. Mukhopadhaya ^[15], S. FitzGerald, J. Freedman ^[16] and others.

In the context of public service, gender equality is based on the following key principles:

1. Equal access to public service ^[17]: ensuring equal opportunities for men and women to enter public service, without any discriminatory requirements or restrictions based on gender.

2. Equal pay for equal work ^[18]: the establishment of fair and equal pay for men and women who perform the same job or work of equal value, regardless of gender.

3. Equal opportunities for career advancement ^[19]: creating conditions that ensure equal opportunities for career growth and promotion without gender stereotypes and prejudices.

4. Freedom from discrimination and harassment ^[20]: protection from all forms of discrimination and harassment in the workplace, including sexual harassment and gender-based violence.

5. Balanced representation ^[21]: Striving to achieve balanced representation of men and women at all levels of public service and in various fields of activity.

6. Combining professional activities and family responsibilities ^[22]: providing conditions that allow civil servants to combine professional activities with family responsibilities, without prejudice to their careers.

The implementation of these principles requires an integrated approach, including legislative changes, the introduction of special support measures, the fight against gender stereotypes and the formation of a gender-sensitive culture in public authorities.

International standards in the field of gender equality play an important role in the formation and development of national legal systems, having a significant impact on the legislation and policies of States. Thus, in accordance with Part 4 of Article 15 of the Constitution of the Russian Federation: "If an international treaty of the Russian Federation establishes rules other than those stipulated by law, the rules of the international treaty shall apply." The key international acts defining standards in this area are:

1. Universal Declaration of Human Rights (1948): proclaims the equality of all people before the law and prohibits discrimination on any grounds, including gender ^[23].

2. The UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW, 1979) ^[24]: is the most comprehensive international document aimed at eliminating discrimination against women in all spheres of life, including political, economic, social, cultural and civil. CEDAW obliges States parties to take legislative and other measures to ensure equal rights and opportunities for women.

3. Declaration and Platform for Action adopted at the IV World Conference on Women in Beijing (1995) ^[25]: defines strategic goals and objectives for achieving gender equality in all spheres of public life.

4. Conventions and Recommendations of the International Labour Organization (ILO) ^[26]: contain provisions concerning equal pay for equal work (Convention No. 100), equal opportunities and equal treatment in employment and work (Convention No. 111) and maternity protection.

At the same time, the influence of international standards on the national legal system is manifested in the following:

1. Implementation of international norms into national legislation ^[27]: States that have ratified international treaties are obliged to bring their national legislation into line with their provisions, including the adoption of new laws and amendments to existing regulations.

2. Interpretation of national legislation in accordance with international standards ^[28]: Courts and other public authorities should interpret national legislation in such a way that it complies with international standards in the field of gender equality.

3. The use of international standards as a guideline in the development of public policy ^[29]: international standards serve as a guideline for the development and implementation of public policy in the field of gender equality, defining the goals, objectives and priorities of government activities.

Thus, international standards play an important role in promoting gender equality in public service, encouraging States to take effective measures to ensure equal rights and opportunities for men and women.

The legislative foundations of gender equality in the civil service of the Russian Federation are formed from a set of normative legal acts defining the rights and duties of civil servants, as well as establishing mechanisms for protection against discrimination. The main acts are:

1. The Constitution of the Russian Federation: enshrines the principle of equality of human and civil rights and freedoms regardless of gender, guarantees equality of rights and freedoms of men and women, prohibits any form of discrimination (Parts 2 and 3 of Article 19 of the Constitution of the Russian Federation) ^[30].

2. The Labor Code of the Russian Federation: establishes the prohibition of discrimination in the sphere of work, guarantees equal opportunities for employees regardless of gender, regulates issues of remuneration, labor regulations and other aspects of labor relations (art. 3 of the Labor Code of the Russian Federation) ^[31].

3. The Federal Law "On the State Civil Service of the Russian Federation": defines the legal status of state civil servants, establishes requirements for filling civil service positions, regulates issues of civil service, remuneration and social protection of civil servants, including equal access of citizens regardless of gender (paragraph 3 of Article 4 of the Law).

4. Other normative legal acts: Decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, orders and instructions of federal executive authorities, acts of state authorities of constituent entities of the Russian Federation regulating issues of gender equality in public service in certain spheres of activity or in certain territories.

Despite the existence of a well-developed regulatory framework, in practice, the implementation of the principle of gender equality in the civil service faces a number of problems related to gender stereotypes, discrimination, insufficient consideration of interests in the formation of personnel policy and other factors. Further improvement of legislation and the development of effective administrative measures are a prerequisite for ensuring real gender equality in public service.

Analysis of the problems of discrimination against men in the civil service system

Traditionally, it is considered that the problem of gender inequality in the civil service is mainly related to the underrepresentation of women in leadership positions. However, a detailed analysis of statistical data and expert assessments shows that in certain sectors and at some levels of government, the opposite situation is observed – an imbalance in representation in favor of women, which may indicate potential discrimination against men ^[32].

For example, in the social sphere, especially in areas such as education (kindergartens, schools) and healthcare (nursing staff), there is a significant predominance of women. Although this is partly explained by historical and social factors that determine the choice of profession, nevertheless, the low representation of men in these areas may indicate the presence of implicit barriers preventing their employment and career growth ^[33]. These may be stereotypes about "female" professions, biased attitudes when applying for jobs, as well as insufficient support for men who want to work in these fields.

According to analytical data published by the FinExpertiza audit and consulting network in June 2024, there is a relatively uniform gender distribution in senior positions in the sector of large and medium-sized Russian companies. The number of female managers was 785,400, which is equivalent to 95.3% of the number of male managers (824,000 people). Thus, the stated slight predominance of men in leadership positions is characterized by a difference of 4.7%.

At the same time, when analyzing N. V. Chub's research, it is established that in Russia "75% of all civil servants are women. Approximately the same proportion of women among those holding municipal service positions is 78.8%" ^{[34, p. 200]}.

An analysis of FinExpertiza data for June 2024 demonstrates a close to parity gender composition of senior management in large and medium-sized Russian companies with a slight male predominance. However, in the context of the work of state and municipal employees, there is a significant preponderance towards women, which is confirmed by the research of N.V. Chub.

In addition, there is an opinion that in the lower levels of the civil service, where routine and low-paid work prevails, there may also be a relative predominance of women, while in higher, prestigious and well-paid positions, the dominance of men remains. In such situations, there is a so-called "feminized bottom" of the civil service and a "masculinized top", which indicates the problem of vertical segregation and unequal opportunities for career advancement.

In the context of gender inequality, the phenomenon of the "glass ceiling" is often discussed, which prevents women from advancing to senior positions. However, for men working in traditionally "feminine" fields such as social security and education, there is the opposite effect – a "glass floor" ^[35].

A "glass floor" refers to a situation where a man faces implicit but tangible obstacles when trying to leave a certain professional level or field of activity. For example, it may be difficult for a man working as a kindergarten teacher to move to a senior position in education or find work in another sector, even if he has the necessary qualifications and experience.

The "glass floor" is caused by several factors:

1. Gender stereotypes: men working in "female" professions are often perceived by others as "atypical", which can lead to prejudice and underestimation of their professional qualities ^[36].

2. Social pressure: public opinion can put pressure on men working in "women's" fields, perceiving their choice as inconsistent with traditional ideas about the male role ^[37].

3. Limited opportunities for professional development: in "women's" fields, there are often no professional development programs aimed at men, which makes it difficult for them to advance their careers and move to other sectors ^[38].

The problem of the "glass floor" for men in the social and educational spheres requires special attention, since it limits their professional opportunities and negatively affects their self-realization.

The use of job quotas to ensure gender equality is a controversial issue that can lead to unforeseen consequences, including discrimination against men. Although quotas are usually aimed at increasing the representation of women in leadership positions, their implementation can lead to a situation where, with equal or even better qualifications, the advantage in hiring or promotion is given to women, which is direct discrimination against men ^[39].

Moreover, in some cases, there is a formal approach to fulfilling quotas, when women who do not have sufficient qualifications and experience are appointed to positions, which negatively affects the effectiveness of public administration. In such cases, quotas become an end in themselves, rather than a means to achieve gender equality ^[40].

In addition, personnel policy in government agencies often does not take into account the specific needs of men, such as fatherhood support, flexible work schedules, and the ability to combine professional activities with family responsibilities, which can create additional barriers for men seeking career advancement in public service.

It is necessary to review approaches to personnel policy and job quotas in order to ensure equal opportunities for men and women without discrimination based on gender. It is important to focus on creating conditions that allow both sexes to realize their professional potential, rather than on formally observing quotas.

An analysis of judicial and administrative practices related to discrimination against men in the civil service system makes it possible to assess the real scale of this problem and the effectiveness of mechanisms for protecting men's rights.

Unfortunately, the number of judicial and administrative cases related to discrimination against men in employment is significantly lower than the number of cases related to discrimination against women. This may be due to several factors.:

1. Men's lack of awareness of their rights ^[41]: Many men may not be aware that they have the right to protection from discrimination and do not seek help if their rights are violated.

2. Stereotypes about male power and independence ^[42]: Men are often shy about admitting that they have been discriminated against for fear of looking weak and incompetent.

3. The difficulty of proving the fact of discrimination: it can be difficult to prove the fact of gender discrimination, especially in cases where it is indirect ^[43].

Nevertheless, an analysis of the available judicial and administrative cases makes it possible to identify typical situations in which men are discriminated against, as well as to assess the effectiveness of the protection measures applied. For example, these may be cases involving refusal of employment in "women's" professions, infringement of the rights of fathers on parental leave, or discrimination in career advancement.

Administrative measures to eliminate gender inequality

This section is devoted to the analysis of administrative measures applied at different levels of government to eliminate gender inequality, taking into account the specifics of the problems affecting both women and men.

National strategies and government programs aimed at ensuring gender equality play a key role in shaping policy and practice in this area ^[44]. They define goals, objectives, mechanisms and tools for achieving gender equality in various fields, including public service. These programs usually include:

1. Targets: Quantitative and qualitative indicators are set that reflect progress towards achieving gender equality, for example, increasing the representation of women in leadership positions, reducing the gender pay gap, etc. It is important to note that effective programs take into account not only the representation of women, but also the problems faced by men in certain sectors ^[45].

2. Implementation mechanisms: specific measures and tools are defined that will be used to achieve the set goals. These may include legislative changes, the creation of special support programs, raising awareness about gender inequality, training civil servants, etc. It is important to include measures to overcome the "glass floor" for men and create equal conditions for all ^[46].

3. Financing mechanisms: the sources of financing for government programs are determined, which is crucial for the successful implementation of the planned activities.

4. Monitoring and evaluation system: programs should include mechanisms for monitoring and evaluating the effectiveness of implemented activities, allowing timely adjustments to policies and strategies.

However, the effectiveness of government programs largely depends on their quality, adequacy of resource provision, and responsiveness to emerging problems. It should also be borne in mind that programs should be developed taking into account specific national and regional characteristics.

Municipal and regional authorities play an important role in the implementation of state policy in the field of gender equality ^[47]. They adapt national strategies to local conditions and implement specific measures to address gender imbalances in their regions. The practice of implementing measures at the local level may vary significantly. In some regions, programs are being actively implemented to support women entrepreneurs, develop women's leadership, and combat gender-based violence ^{[48, p. 102]} (for example, the Woman Leader program, the Opora Russia Committee for the Development of Women's Entrepreneurship, the Interregional Association of Women's Business, the B1 Businesswomen program, etc.). In others, the emphasis is on the formation of gender–sensitive budgeting, the training of civil servants on gender equality ^[49], or the creation of family centers and fatherhood support centers (for example, the Foundation for Responsible Fatherhood "Istoki", the Federal Council of Fathers "You are Not Alone!", etc.).

An analysis of regional practice shows that the success of implementing measures to eliminate gender imbalance largely depends on the availability of political will, sufficient funding, as well as the active participation of public organizations and civil society ^[50]. To improve the effectiveness of regional programs, it is necessary to share relevant experiences, conduct regular monitoring and evaluate the results achieved.

Effective monitoring and control is an integral part of the mechanism for ensuring gender equality in the civil service, which includes:

1. Collection and analysis of statistical data: regular collection and analysis of data on the representation of men and women at different levels of public service, wages, promotions, access to training, etc. These data make it possible to assess the extent of gender inequality and the effectiveness of the measures applied.

2. Gender equality audits: conducting regular audits to assess the observance of the principle of equal opportunities in public authorities.

3. Public control: the involvement of public organizations and civil society in the process of monitoring and monitoring compliance with the principle of gender equality.

4. Response mechanisms: develop effective mechanisms to respond to cases of discrimination and violations of the principle of equal opportunities.

A systematic approach to monitoring and control, including both quantitative and qualitative indicators, allows timely identification and elimination of problem areas.

Trade unions and public organizations play an important role in protecting men's rights in public service ^[51]. They can:

1. Represent the interests of men: protect men's rights in the workplace, seek equal opportunities for career advancement, and fight discrimination and harassment.

2. To conduct research and advocacy on gender inequality in the civil service, aimed at changing legislation and practice.

3. To organize training programs for civil servants on gender equality issues.

4. Interact with the authorities, offer their recommendations on improving legislation and practice in the field of gender equality.

The active participation of trade unions and public organizations in the process of ensuring gender equality is an important factor contributing to the creation of a more equitable and efficient public service system.

Prospects for improving administrative measures to ensure equality between men and women in public service

This section suggests promising areas for improving administrative measures to ensure gender equality in the civil service, taking into account both the experience of other countries and the specifics of Russian reality.

The existing legislative framework, although it contains provisions on gender equality, requires further improvement. Are necessary:

1. Clarification of concepts and definitions: a clearer legislative definition of gender discrimination, including both direct and indirect forms, indicating specific signs and methods of its detection ^[52], which will simplify the procedure for proving discrimination in court and administratively.

2. Strengthening liability measures: strengthening responsibility for violations of the principle of gender equality, including increasing penalties and expanding the range of measures applied ^[53], which should help prevent discriminatory practices and increase the effectiveness of protection measures against them.

3. Addressing gaps in legislation: legislative regulation of issues related to ensuring a balance between professional activities and family responsibilities for civil servants of both sexes, including ensuring equal access to parental leave, flexible work schedules and other support measures ^[54]. This is especially important for men, as many of them are deprived of equal opportunities to combine work and family.

4. Implementation of positive discrimination mechanisms: consideration of the possibility of targeted quotas, subject to a transparent and objective selection procedure that excludes discrimination on any basis, including gender ^[55]. Implementation of a system of target indicators and monitoring their implementation in each specific case.

To ensure equal opportunities for men and women in the civil service, it is necessary to review the existing criteria for the selection and promotion of personnel. Are necessary:

1. Development and implementation of objective and transparent criteria for assessing the professional qualities of candidates for public service, regardless of gender, which will eliminate bias in the selection and promotion.

2. Conducting special training programs for members of the competition commissions and senior officials on gender equality and prevention of discrimination.

3. Ensuring full transparency of personnel selection and promotion procedures, with public access to information about the results, which will increase the level of trust in the system and minimize opportunities for discriminatory practices.

4. Exclusion from the practice of taking into account marital status when applying for a job or career growth, except in cases justified by objective factors (for example, the inability to combine work and child care).

The study and adaptation of successful international experience in the field of gender equality in public service can make a significant contribution to the improvement of Russian practice ^[56]. The specified includes:

1. Study the experience of countries with the most effective systems for ensuring gender equality in the public sector, including analysis of legislation, implementation mechanisms, monitoring and evaluation systems.

2. Adaptation of the best international practices, taking into account national peculiarities and specifics of the Russian civil service system.

3. Development of international cooperation in the field of gender equality, exchange of experience and knowledge between countries.

To increase the effectiveness of the state policy in the field of gender equality, it is necessary:

1. Develop a long-term national strategy to ensure gender equality in the public service, with clearly defined goals, objectives and performance indicators.

2. Improving the effectiveness of coordination between the various agencies responsible for implementing gender equality policies.

3. Conducting extensive awareness-raising campaigns aimed at raising awareness among government officials and the general public about the problems of gender inequality and the importance of overcoming it.

4. Regular assessment of the effectiveness of the state policy in the field of gender equality and timely adjustment of strategies and programs based on the results obtained.

The implementation of the proposed measures will create a more equitable and effective public service system that ensures equal opportunities for men and women and contributes to the achievement of sustainable development goals.

Conclusion

The analysis of administrative measures to ensure equality between men and women in the civil service revealed both significant progress in creating a regulatory framework and significant problems that hinder the achievement of de facto gender equality. Despite the formal consolidation of the principle of equal rights and opportunities, discrimination, gender stereotypes and an imbalance in the representation of men and women at various levels of public service persist. It is important to note that the problem of discrimination in public service affects not only women, but also men, especially in those areas that are traditionally considered "female". The phenomenon of the "glass floor" limits the professional opportunities of men and negatively affects their self-realization.

A comprehensive and systematic solution is needed to further improve administrative measures. First of all, it is necessary to clarify the concepts and definitions of gender discrimination in legislation, strengthen measures of responsibility for violations of the principle of gender equality and eliminate gaps related to ensuring a balance between professional activity and family responsibilities. An important direction is the revision of the criteria for the selection and promotion of personnel, the introduction of objective and transparent evaluation systems that exclude bias. It is necessary to study and adapt successful international experience in the field of gender equality.

The prospects for development are related to the development of a long-term national strategy, improving the effectiveness of departmental coordination, and conducting extensive awareness campaigns. The active participation of trade unions and public organizations, monitoring and control over the observance of the principles of gender equality are important factors contributing to the creation of a more equitable and effective public service system. The implementation of the proposed measures will ensure equal opportunities for men and women, overcome gender stereotypes and create favorable conditions for the professional development of all civil servants, which will ultimately lead to an increase in the effectiveness of public administration and strengthen social justice.