The Reasonableness And Improvement Of Sexual Affirmative Action

The Implementation Opinion on Caring about Female in Xinyang City stirred controversy on what's sexual equality and whether sexual affirmative action agrees with constitutionality. My paper uses John Rawls'principles of justice and Andrea Dworkin'principle of personal responsibility to analyze the connotation of equality. In my opinion, absolute formal equality is not the goal of equal protection of female's rights. The goal is relative fair equality of opportunity and a certain extent equality of outcome under formal equality. Sexual affirmative action, making a difference between sexes, can reach this substantive equality reasonably and constitutionally. As a matter of fact, there is a lot of sexual affirmative action in our law, but there is also a lot of wrong in them by a gender review, such as the area where sexual affirmative action by gender exists is too narrow, and individual is neglected by the whole in the area where sexual affirmative action by sex exists. So my paper calls on legislation to reinforce sexual affirmative action to realize substantive equality between sexes by making law with gender consciousness and making clear the constitutionality standards of sexual affirmative action.