Studies in the Psychology of Sex, Volume 6 - Sex in Relation to Society by Havelock Ellis
page 42 of 983 (04%)
page 42 of 983 (04%)
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protected by law from exercising hard work during pregnancy, and
from various other influences likely to be injurious. But this law is evaded in practice, because it provides no compensatory indemnity for the woman. An attempt, in 1899, to amend the law by providing for such indemnity was rejected by the people. In Belgium and Holland there are laws against women working immediately after confinement, but no indemnity is provided, so that employers and employed combine to evade the law. In France there is no such law, although its necessity has often been emphatically asserted (see, e.g., Salvat, _La Dépopulation de la France_, Thèse de Lyon, 1903). In England it is illegal to employ a woman "knowingly" in a work-shop within four weeks of the birth of her child, but no provision is made by the law for the compensation of the woman who is thus required to sacrifice herself to the interests of the State. The woman evades the law in tacit collusion with her employers, who can always avoid "knowing" that a birth has taken place, and so escape all responsibility for the mother's employment. Thus the factory inspectors are unable to take action, and the law becomes a dead letter; in 1906 only one prosecution for this offense could be brought into court. By the insertion of this "knowingly" a premium is placed on ignorance. The unwisdom of thus beforehand placing a premium on ignorance has always been more or less clearly recognized by the framers of legal codes even as far back as the days of the Ten Commandments and the laws of Hamurabi. It is the business of the Court, of those who administer the law, to make allowance for ignorance where such allowance is fairly called for; it is not for the |
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