{"title":"Separate But Equal: Is Segregated Schooling (Still) Good for Girls?","authors":"Moira Dustin, Kate Malleson","doi":"10.1007/s10691-023-09542-9","DOIUrl":null,"url":null,"abstract":"<p>The UK’s Equality legislation prohibits formal segregation with limited exemptions. Single-sex schools are one such exemption. No rationale for this was provided at the time of the legislation, and it was not until 2017 in the case of <i>Al Hijrah</i> that the question arose of whether and when sex-segregation in schools is lawful. We take up this question, reviewing the equality costs and benefits of sex-segregated schools conceptually and empirically. We highlight the incoherence of equality law regarding schools, and the limited evidence of their benefits. Drawing on feminist theory, we recommend improvements that may be useful in future cases where sex-segregation is contested in the context of faith-based schools. Lastly, we note that these legal questions may one day be challenged by a deeper source of instability if there is a breakdown in the binary sex categories on which sex-segregation in schools currently depends.</p>","PeriodicalId":45822,"journal":{"name":"Feminist Legal Studies","volume":"10 1","pages":""},"PeriodicalIF":2.0000,"publicationDate":"2024-02-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Feminist Legal Studies","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1007/s10691-023-09542-9","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
The UK’s Equality legislation prohibits formal segregation with limited exemptions. Single-sex schools are one such exemption. No rationale for this was provided at the time of the legislation, and it was not until 2017 in the case of Al Hijrah that the question arose of whether and when sex-segregation in schools is lawful. We take up this question, reviewing the equality costs and benefits of sex-segregated schools conceptually and empirically. We highlight the incoherence of equality law regarding schools, and the limited evidence of their benefits. Drawing on feminist theory, we recommend improvements that may be useful in future cases where sex-segregation is contested in the context of faith-based schools. Lastly, we note that these legal questions may one day be challenged by a deeper source of instability if there is a breakdown in the binary sex categories on which sex-segregation in schools currently depends.
期刊介绍：
Feminist Legal Studies is committed to an internationalist perspective and to the promotion and advancement of feminist scholarship in all areas of law. It aims to publish critical, interdisciplinary, theoretically engaged feminist scholarship relating to law (broadly conceived) and has a particular interest in work that extends feminist debates and analysis by reference to critical and theoretical approaches and perspectives, including postcolonial, transnational and poststructuralist work. Although the focus of the journal is law, the editorial board encourages the submission of papers from people working outside the academy, as well as academics other than lawyers as well as interdisciplinary work addressing the concerns not only of lawyers but others, women and men, interested in feminist work. The editorial board is a collective drawn from feminists working at leading law schools across the UK. A full list of the editorial board can found on the Journal’s website: http://www.springer.com/law/international/journal/10691?detailsPage=editorialBoardAlongside traditional articles and book reviews Feminist Legal Studies is committed to publishing material that challenges conventional forms of academic writing/knowledge and encourages creative approaches to scholarship, analysis and debate. Such material is normally published in our “Creative Content” section (see Instructions for Authors for more details). The board also welcomes proposals for themed issues of the journal.
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