mardi, mai 19, 2020

19.05.20, contribution 43, parity, referendum, law, gender

Marc Salomone / Email: salomone.marc@neuf.fr
blog: madic50.blogspot.com / Book: The Two Forms, ed. Amazon

Paris, Tuesday, May 19, 2020

CONTRIBUTION (43) TO THE NATIONAL DEBATE WANTED BY THE PRESIDENT OF THE REPUBLIC IN 2020.
REFLECTION ON THE PARITY OF LAW AND THE USE OF THE REFERENDUM.
(Continuation of reflection n ° 42 of April 14, 2020 and previous ones. Cf.: madic50.blogspot.com)


THE USEFULNESS OF THE REFERENDUM TO SET UP THE PARITY OF LAW AND EACH PERSONAL RESPONSIBILITY.

1) - Unity or dislocation
On May 18, 2020, Alain Duhamel, professor at Sciences Po and political analyst, comments on parliamentary upheavals and reorganizations.

It basically says: if the President dissolves the National Assembly, he loses the elections. He is in such a situation that if he proposed a referendum to validate a 30% increase in the minimum wage, he would lose it.

It is foreseeable that the government will have a close negotiation of the post-Covid-19 crisis with all of its political and social interlocutors.

However, recourse to the referendum is not a priori the useful way to address the various subjects of this aftermath of the crisis. They are parliamentary, political, union, financial, European, etc.

On the other hand, this circumstance is an opportunity to resolve a question that it is never the time to address.

The most visible characteristic of this crisis is to question the unity of the social body, national or European.

The refusal of the dislocation of society and the strengthening of its cohesion also pass through the association of right to the organization, the definition, the exercise, of the Public authorities, deliberative assemblies and administrative policies, of the sex which is is excluded or marginalized.

The referendum is here in its place.

2) - The two forms
The relations of the two sexes are not the only form of organization first of humanity, nor even the most decisive.
1- The administrative form
This form organizes the infinite combination of the two sexes. I call it the administrative form.
It is the combination of 1-0 for IT and 1-2 for administrative numbering taken over by Social Security.
It is the logic of the individual and of the whole.
The first administrative policy was religion.
2- The economic form
This form is that of economic and social relationships between men. It is that of the great conflicting masses.
Karl Marx defined it as "the engine of history".
It produces law, politics, science, etc.
3- The relationship of the two forms
The reference to the relationships of the “fascia” and the anatomical structures gives us an effective image of the relationship of these two forms to each other.

Wikipedia:
“A fascia is a fibro-elastic membrane that covers or envelops an anatomical structure. It is made up of connective tissue very rich in collagen fibers. Fascias are known to be passive structures for transmitting stresses generated by muscle activity or forces external to the body.
It has also been shown that they are able to contract and have an influence on muscle dynamics and that their sensory innervation participates in proprioception and nociception. "

3) - History
The presence of both sexes in all directions of society is one of the major conditions of administrative universality.

In France, this question of the common and equal action of the two sexes went through four stages:
1- 1789: creation of citizenship.
2- 1944: creation of the legal equality of the two sexes
3- 1974: creation of the right to abortion and therefore to the free disposal of their bodies by women.
4- 1999: creation of parity.

One of the common points of these reforms is to present the accession of women to citizenship, to equal formal rights, to the free disposal of their bodies, to the presence in deliberative assemblies, as concessions of the sexes. dominant to dominated sex.

The second sex:
a- Is invited to stand in an area already fully occupied and completely administered by the opposite sex.
b- He can be welcome, his presence is not essential however.

c- He must settle in a territory which is not his, in the places provided for this purpose, bring an appearance of movement in these millennial codes, guarantee the continuity of the effects of the device.

231 years after the revolution, 73 years after legal equality, 46 years after the Veil law, 21 years after Parity:
a- The press reports that young girls are more difficult to prepare for management careers because they seem to them reserved for men.
b- It can still be said by the competent legal authorities that the absence of women from responsibilities comes from their incompetence which reduces the number of those who can claim it.
C- The appointment of ten attorneys general (the Judicial Power) can be done by the total exclusion of women. None are expected to have the required competence.


4) - The glass ceiling
Developed societies cannot be content to admire their success in terms of women's literacy, their right to vote and to stand as a candidate, their control over their bodies, their participation in public life.

By identifying the unequal relations of the two sexes to a discrimination of one to which it is necessary to make corrections, modern societies have certainly associated women with all social activities but they have renewed the mechanisms of domination of one sex over the other.

Inexorably, the mechanisms of production of domination and subordination work.
They show flexibility and elasticity, but, without everyone's knowledge, they oppose developments that would call them into question.

Over time, a complex figure emerges which, however, seems to be mistaken for it at the point of departure.

Clearly, the rights of women being, ultimately, a concession of men, it is foreseeable that they modify or remove their concessions according to their wishes.

The media calls it the glass ceiling. This formulation makes it possible to wait for all and see for a few.

5) - The recovery
We must therefore take up the thread of past reforms, continue them, drive their logical finality which is to install the two sexes not only equally but also equally, in the functioning of the infinite succession of the two sexes which organizes the administrative form.

1- Competitive parity
This continuation of the past effort was undertaken by Prime Minister Lionel Jospin in 1999. He ensured parity in the constitution.
By its formulation, the place of the paragraphs in the articles of the Constitution, it however renewed the logic of subordination of a sex to the other; from women to men.

He institutionalized competitive relationships between the two sexes and noted in 1999 that "The law promotes equal access of women and men to electoral mandates and elective offices, as well as to professional and social responsibilities. "

This law says that it is the parties, that is to say the men, who “(They) contribute to the implementation of the principle set out in the second paragraph of article 1 under the conditions determined by law. "

This reform poses as a principle competition between the two sexes for the occupation of positions already entirely occupied by men.
Its sole purpose is to help women overcome their initial handicap, as far as possible and by '' favor ''.
It has the defect of renewing the primacy of one sex over the other, of men over women, by subordinating their participation in the organization and definition of public authorities, as well as in the execution of their politics, to the `` favor '' of the parties, that is to say to the men.
The regulatory organization of this `` favor '' does not contravene the quality of favor for the presence of women and therefore the legality of their absence.
It is in the name of competence and presence, which is declared conditioned by it, that the legal institutions (Courts of Cassation, Constitutional Council, Council of State) justify the absence of equal presence of the two gender in elections and state offices, or even their absence altogether.
This reform can produce positive results in certain assemblies.
In fact, this is only possible through the accumulation of regulatory laws that ultimately overturn the rule of law over regulation.

Experience shows that it has not changed anything in the relationship of the two sexes to Power and in its political, administrative and judicial representations.

b- The balance sheet
20 years later, this constitutional law spreads its powerlessness to achieve a real exit from a relationship of domination of one sex over the other.

Thousands of women are now invested with public authority without this counteracting the reversals which proliferate in all Western societies.

During the Grenelle of violence against women, on September 3, 2019, the Prime Minister; supported by all associations, political parties, parliamentarians, etc., defined the legality within couples: "The first emergency is to protect women victims of conjugal violence by ensuring them shelter fast. "

In other words: men are the legal occupants of the accommodation and women, even if they are owners, must be helped to have a charitable, temporary bed.
On September 25, 2019, during the Grenelle Violence Against Women Grenelle, the Prime Minister declared: "We have to face the springs of something that could be described as collective bankruptcy."

All of society is worn out by the continual maintenance of this institutional inequality of the two sexes.

A dominant owes its domination to the institutional erasure of the dominated. It is not surprising that part of social reality is obscured by the need to constantly reproduce this public blindness.

2- Legal parity
There are many other sources of unequal relationships in society. However, formal subordination of women to men can be legally abolished. Without this legal action, no real rebalancing can be sustainable.

Instead of organizing competition between the sexes, parity must recognize their inseparability in the administrative organization of humanity.

The legalization of the social equality of the two sexes is the inscription of the parity of right in the Constitution and from there in the system of the laws and regulations.

Individuals can be competitors. Both sexes are not. They are there, present, everywhere, equally, by right.

6) - The proposal
I therefore propose to reform the Constitution as follows:
1- to delete :
Art. 1, paragraph 2
The law promotes equal access of women and men to electoral mandates and elective functions, as well as to professional and social responsibilities.
2- Register
Article 1, paragraph 2
Public authorities, deliberative assemblies, directorates and hierarchies of public services, de jure, de facto, by delegation or circumstances, are constituted by the equal, joint, de jure, universal presence of both sexes.

2- Derivatives
When both sexes are present, equally and by right, wherever public decisions are made, this presence quickly takes the necessary measures for its effectiveness and continuity.

Subordinate disputes such as the incompetence of women, their insufficient number, their incredible minority, the free will of voters and juries, do not hold from the moment when these points of view are no longer legally dominant.

7) - The referendum
Legal parity is a change in principle from administrative policy; it goes from identification to one sex to identification to both.

It is not a legal arrangement. It is a constitutional creation.

Its installation must therefore be subject to direct consultation of the People, according to article 11.

The referendum would have to take place in 2021 for its legal and practical effects to be defined during the next five-year period. Unless the government of the day draws immediate conclusions.

The Constitution also devolves the referendum initiative to the public in the following terms:
“A referendum on an object mentioned in the first paragraph may be organized on the initiative of one fifth of the members of Parliament, supported by one tenth of the voters registered on the electoral lists. This initiative takes the form of a bill and cannot have as its object the repeal of a legislative provision promulgated less than a year ago. "

The government is therefore no longer the only party involved.

The Constitution now allows everyone to take responsibility and no one can escape it.

8) - Conclusion
Pretending to administer complex societies by the domination of one sex over the other and the subordination of the latter is a ball that these can no longer drag.

To manage conflicts Europe has invented a principle which has proven its effectiveness, freedom and its derivatives, freedom of thought and expression.

It is frequent to chat on the place of France in the world. She is here.


Marc SALOMONE














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