The Capability Approach Of Women's Right Equal Protection

In today's world, to strengthen the protection of women's rights has become the consensus and common action of the international Community and many countries. However, the long-standing obstruction and factors that limit women's development still have not been eliminated. Unequal pay for equal work, the double of work and family, and deep-rooted gender discrimination still make a lot of women in plight of their right protection. The topic how the normative theory responds to reality, to focus on each person and a fully human life, then to design the equality normative theory, to explore the broad future of women's right protection, has become the common problem for Economics, Sociology, Political Science, Ethics and Law.The effort that Amartya Sen and Martha.C.Nussbaum have proposed the“capabilities approach”is one of it.The capability approach focuses on the capability, that is to say what a person is actually to do and to be, the substantial freedom to live as they wish.It focuses on persons'freedom and choice. If we use the capability approach to interpret the equal protection of women's right, we can protect the diversity and difference between the persons. On this sense, the right protection is an active, substantive and broad protection, not the same as the protectural equal protection as utilitarian and resource theory may provide. We are not focus on utility or resource. We turn our eyes on our initiative and substantive freedom.It focuses on the capability that different person turn the resource into the welfare, or that to achieve the same level capability that people need different resource, focuses on the optimum between the individual freedom and public action. According to Nussbaum's theory, respecting for people's power of choice is at the center of the entire approach. The Capability approach holds that the purpose of government is to promote a set of core necessary conditions for flourishing lives, to make people to live worthy of human dignity. If that purpose has not been fulfilled, the government is ultimately to blame, and minimal justice has not been achieved. The government should make each person above a threshold level of each capability. They are distinct in quality and all are of central importance. Second, they are related to one another in complex ways that can only be discovered empirically.In reality, women usually are regarded as a means of others'end, the nominal equal lead to unequal protection in name of equality. Only as women's capability an end, making every woman really to choose their life, the factual equality will come true. We can not to exaggerate the reproducer role for women, they also have other capability, each capability should be on the threshold.----If we use capability to interpret basic right, it will provide some new meanings. The role of government is no longer a passive government. The minimum justice is to make every person above the threshold of the central capabilities. The political right is not a right on passive sense. It means that the government should provide the education to the people so as to actively use their political rights, and the government should protect the material and institution conditions to assure their political right.The welfare right is not a charity, but a right.----As regards to the legislation, law enforcement, the judiciary role, the capability approach also has some new requirements.We should confirm the substantive equality in law. The goal of policy and law is to strengthen women's capability not just to give them welfare. Also it focuses on the enforcement of law, to make the nominal right to factual right. The judicial reasoning is not a lofty formalism, but to use perception.In family, the female is deprived very much. The capability approach think the family is not“by nature”,“Women's care giving”is“an eminently artificial thing”.The Government should obey the two principles. According to two principles,“each as an end, not the means”and“the threshold of capability,”the terms of central capability list are a list of separate components. The government should make every member of the family above the threshold. Two principles provide good guide to family policy and law.