Linguistic gender bias reinforces social stereotypes, and the use of gender-sensitive language is an important step towards achieving gender equality
The Initiative “Women Citizens for Constitutional Reform” submitted a complaint to the Institution of Ombudsman/Human Rights Ombudsman of Bosnia and Herzegovina in which it expressed “concern about the lack of gender-sensitive language in the Constitution of BiH, which may contribute to or perpetuate discriminatory practices.”
“The initiative considers that the Constitution of BiH is written exclusively in the masculine grammatical gender, which represents discrimination against women on the basis of language,” the complaint stated.
In February 2024, the institution of ombudsman, on the basis of a complaint, made a recommendation to the Parliamentary Assembly of BiH “that in accordance with the findings from the recommendation and the constitutional and legal provisions that prescribe the competences of the institutions of BiH, take measures within its jurisdiction with the aim of using gender-sensitive language in drafting, amending or translating the Constitution of BiH when such issues are on the agenda”.
The Agency for Gender Equality of BiH at the Ministry of Human Rights and Refugees of BiH says that this kind of recommendation is very important, because it draws attention to the need to enforce the legal obligation to use gender-sensitive language.
SOCIAL ISSUE
– The Law on Gender Equality in BiH (Official Gazette of BiH No. 32/10) in Article 9 point e) defines that language discrimination exists when only one grammatical gender is used as a generic term. In addition, the Uniform Rules for Drafting Legal Regulations in Institutions of BiH (Official Gazette of BiH No. 11/5, 58/14, 60/14, 50/17, 70/17 and 10/21) in Article 44 define the use of masculine and feminine gender, as well as the method of application, they point out from the AGEBiH.
They note that the Constitution of BiH recognizes non-discrimination as one of the most important constitutional principles, and the Constitution guarantees the highest level of internationally recognized human rights and fundamental freedoms, including the application of the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW Convention).
If one group is bothered by the use of only the masculine gender, if there is an expressed opinion that such a practice is offensive to a group, then why the persistent insistence on such a practice, asks prof. Ph.D. Ždralović
– Gender-sensitive language is an important social and ideological issue that contributes to greater visibility of women and women’s work. Social power is reflected in language, and gender-sensitive language is an important step towards achieving gender equality and the fight against all forms of discrimination, including gender-based violence, the Agency says.
They underline that the determination of the PABiH towards the introduction of gender-sensitive language in legal acts is evidenced by the fact that the Instruction on the use of gender-sensitive language has been in use in the PABiH since 2014, on the basis of which, among other things, the Uniform Rules for drafting legal regulations in institutions of BiH are changed and amended, in which Article 44 was introduced on the use of masculine and feminine gender and the way of applying gender-sensitive language.
Amila Ždralović, Ph.D. in Sociological Sciences and Associate Professor of the Faculty of Law of the University of Sarajevo, says that although the Law on Gender Equality BiH is not written in gender-responsive language, its amendments from 2009 recognize the need for its use.
– It is stated that “discrimination in language exists when only one gender is used as a generic term” (ZoRSBiH, 2010, article 9, paragraph e). However, the text of ZoRS BiH itself is written in discriminatory language, and the use of masculine and feminine genders appears in only a few articles. Given that the rest of the text is written in the masculine gender, specifying the feminine gender seems like a technical omission. Therefore, ZoRSBiH itself recognizes “discrimination in language” when only one gender is used, as a rule male, explains our interviewee.
In principle, she believes that the Recommendation is significant, because it confirms the justification and importance of the Initiative “Women Citizens for Constitutional Reform” in the segment of the lack of gender-sensitive language and the integration of the gender component, at least at the language level, in the Constitution of BiH.
– Language is one of the agents of socialization, but also the place of its deconstruction. It is a reflection of reality and contributes to the maintenance and reproduction of the patriarchal heteronormative system of values, Prof. Ph.D. Ždralović emphasizes and adds that she is really interested in the strong resistance to gender-sensitive language.
State delagate and second deputy chairman of the Commission for Gender Equality of the House of Representatives of the PABiH Rejhana Dervišević believes that the Recommendation is very significant, because a state institution recognized and confirmed the existing discrimination against women based on language in the Constitution of BiH.
– For ten years, an informal group of civil society organizations gathered in the Initiative “Women Citizens for Constitutional reform” has been working to ensure that the state, authorities, and decision-makers recognize that the Constitution of BiH discriminates against women through language and that this is another type of discrimination that is present in our Constitution. The ombudsman’s recommendation is a great progress and another confirmation that the Constitution of BiH must include a gender perspective and improve the guarantee of women’s human rights in its text, our interviewee points out.
She explains that the use of gender-insensitive language in legal documents can contribute to the marginalization and discrimination of certain groups. She adds that if the Constitution of BiH uses language that is not gender-sensitive or neutral and is not inclusive, it can perpetuate traditional gender roles and contribute to unequal treatment based on sex and gender.
– Discrimination on the basis of sex and gender is inconsistent with international human rights norms, including the right to non-discrimination and equality. If the Constitution of BiH does not adequately address and prevent such discrimination, it may represent a violation of citizens’ rights to equality and non-discrimination. Women in BiH are indirectly exposed to discrimination due to their evident absence in the constitutional framework. The initiative claims that gender-insensitive language serves as a reflection of prevailing gender prejudices in society, potentially causing and reinforcing gender inequality, says Dervišević.
STEREOTYPES AND DISCRIMINATION
She adds that, when you look at the Constitution of BiH, it seems to omit any confirmation that a woman could hold positions in the Presidency, the Constitutional Court, the Council of Ministers, and thus indirectly the positions of any official, ambassador, representative, member, and even citizen.
– This exclusion not only perpetuates stereotypes but also represents discrimination against all women in Bosnia and Herzegovina. Such an exclusion is contrary to the Law on Gender Equality and the anti-discrimination provision of the Constitution of BiH, which expressly prohibits discrimination on the basis of language, our interviewee underlined.
She warns that the Constitution of BiH is written exclusively in the masculine gender, which represents discrimination against women based on language.
– Female gender is assumed, and there is no need or justification for that, especially not in the highest legal and political document of the state. Using only one grammatical gender as a generic term in a language can contribute to discrimination, especially against women. This phenomenon, which is often called linguistic or grammatical gender bias, reflects and reinforces social attitudes and stereotypes, Dervišević points out.
Linguistic gender bias, she explains, occurs when a language predominantly uses the masculine form as a generic term to represent men and women.
– This practice can have subtle but powerful implications by maintaining traditional gender roles and reinforcing the idea that the default or norm is male. Consequently, it contributes to the marginalization and invisibility of women in various aspects of society, says Dervišević.
She emphasizes that PABiH, as a body authorized to amend the Constitution, has a significant responsibility for eliminating all forms of discrimination. She believes that, if there is a true desire to work towards the achievement of gender equality, the implementation of the Recommendation will be the first step towards the state removing the existing discrimination against women through language. Application will enable women to be visible in the Constitution of BiH. As an example of good practice, she states that gender-sensitive language has been used in the communication of the Parliament of BiH for more than a decade.
– The need to strengthen gender equality through the use of gender-sensitive language in political and parliamentary work was recognized by the implementation of the project Strengthening Government Institutions and Processes in BiH (SGIP) and the International Republican Institute (IRI). In cooperation with professors of Bosnian, Croatian and Serbian languages, and with the support of the Commission for Gender Equality, recommendations and proposals were made to strengthen equality in the use of languages in parliaments, Dervišević points out and adds that in 2012 the House of Representatives of the PABiH adopted an initiative to introduce gender sensitive language in PABiH communication.
FURTHER STEPS
Meanwhile, the session of the Commission for Gender Equality was held on June 20. Dervišević emphasizes that one of the conclusions from the session is that the representatives of the Initiative “Women Citizens for Constitutional Reform” will be invited to the next session of the Commission to present the work of the Initiative with a focus on gender-sensitive amendments to the Constitution of BiH.
State delegate and member of the Commission Mira Pekić also confirmed that representatives of the Initiative will be invited to the next session of the Commission. Pekić points out that the initiative to introduce a gender-sensitive language must take into account all three languages spoken in BiH.
– The standards of each language imply, just as the standard of the Serbian language implies, certain language forms, says our interviewee.
She adds that the members of the Commission will listen to the representatives of the Initiative, after which they will take a position individually and then as a Commission. She underlines that gender-sensitive language is already used in everyday practice in certain institutions. However, she emphasizes that we cannot expect the standard of one language to be violated through gender-sensitive language.
– Consensus is very difficult to achieve for any changes, especially constitutional ones. But, of course, every proposal should be considered, discussed and every proposal should be publicly presented, concludes Pekić.
Text and photo downloaded from: http://www.oslobodjenje.ba
Women Citizens for Constitutional Reform 