Equality, difference and motherhood: the case for a feminist analysis of equal rights and maternity legislation

This article looks at the three feminist interpretations of maternity legis lation and equal rights policies. It discusses the impact of different cons tructions or interpretations of equality, and what is necessary to achieve it, upon the definition of successful legislation. Equality, difference and post-structuralist feminisms have each introduced different concepts and i ssues to the analysis of the relationship between gender, society, and lega l structures. The argument developed in the article engages both with the e quality-difference debate and with post-structuralist constructions of woma n and mother. The central argument is that, despite significant differences in these feminist approaches, it is important to consider both the strengt hs and weakness of each to highlight current limitations of maternity legis lation and equal rights policies. The focus on maternity legislation arises from the nature of the issues it seeks to address. Although maternity legi slation is part of health and safety and employment legislation, motherhood remains a personal issue. I use British and European law as examples of li beral approaches to maternity legislation, and I conclude that the concept of equality enshrined within the law is founded upon a narrow concept of eq uality that focuses on formal rather than substantive equality.