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SITUACIÓN JURÍDICA

Sobre el recurso de impugnación de los señores Gregorio Vanegas Garza y otras

F. Las diversas actuaciones practicadas por personal de esta Comisión Nacional, las cuales se acreditan con los siguientes documentos:

III. SITUACIÓN JURÍDICA

The CA is used in this research to understand situated agency and to address the structure- agency tension (Graham, 2011) of female QSs in the construction industry. It provides a framework with which to analyse the processes that influence their abilities to acquire and convert resources in pursuing a range of aspirations. Switching the focus from examining careers in terms of outcomes to the freedom to pursue aspirations provides a departure from existing research regarding women’s careers in the construction industry. The CA’s focus on the role of individual agency in the active choice between genuinely available alternatives acknowledges several pertinent factors: that individuals with different resources can aspire to the same outcomes; that individuals with an equal level of resources do not necessarily aspire to the same things; that individuals do not have equal abilities to convert resources; and that outcomes are influenced by what is genuinely available to them. It provides a

60 framework through which a range of possible outcomes can be obtained, as there is little to analyse if outcomes are pure choice or are predetermined (Graham, 2011).

4.4.1 Research Approach

Although actual outcomes are less important than female QSs’ freedom to pursue them, they need to be ascertained to enable the identification of relevant capabilities. This might

appear to be a point of departure from the CA as proposed by Sen (1992; 1999; 2009) who, as an economist and philosopher, begins with resources. Although resources are important, analysing influential conversion factors that enable identification of inequalities in career development, is more relevant within this context. Additionally, in line with other research (e.g. Hart, 2012) aspirations, although a valued outcome are also a resource.

The research is divided into two parts. The first ascertains female QSs’ aspirations and their definitions of career success as a means of identifying valued outcomes. The second analyses how each aspiration can be achieved through the acquisition of capabilities via the significant personal, social, organisational and cultural conversion factors. Capabilities are combined into a set, examined as a means of illustrating women’s potential, attainable career paths in quantity surveying. Sen (1989; 1992; 1999; 2009) strives to establish where inequality lies, arguing that “any theory of justice that can serve as the basis of practical reasoning must include ways of judging how to reduce injustice and advance justice, rather than characterising a perfectly just society” (Sen, 2009: ix). This theoretical perspective is a valuable tool, not just in analysing career paths of female QSs, but also within the wider construction industry. Adopting the evaluative space of the CA highlights how the

perceptions of female QSs are influenced by gendered assumptions and interpretations of what their career paths should be (Graham, 2011). Sen (1992: 89) asks: “should a person’s position be judged positively, in terms of the level of achievement, or negatively, in terms of the shortfall, [compared to] what she could have maximally achieved?”. This research argues the former, and that this also represents career success.

Women in construction are disadvantaged by the assessment of career success in terms of shortfalls. Words like ‘underachievement’ (Dainty, Bagilhole and Neale, 2000; Watts, 2007); limitation (Worrall et al, 2010) and barriers (Worrall et al, 2010); or that women ‘lack’ certain factors – mentoring, confidence, progress, advancement (Francis, 2017), or power, training and recognition (Watts, 2003; Worrall et al, 2010) all disadvantage women in construction. Women are perceived as failing, which can lead them to perceive a career in construction as fraught with inequality and poor career progression. Yet, there are a multitude of

61 of organisations for whom they can work, a range of job functions available and a range of career outcomes. The capability space offers the opportunity to consider the benefits of expanding an individual’s capabilities “so that she is able to choose between a range of ways of being and doing that they have reason to value that they might live a flourishing life” (Hart, 2009: 85).

This research focuses on the factors that enable female QSs to maximise their ability to achieve well-being, within their own definitions of career success. It has been argued that the CA is difficult to operationalise; that it is hypothetical and, rather than focusing on the observed outcome, all possible outcomes need to be considered (Graham, 2011). By identifying a range of common aspirations of female QSs, the resulting capability set is relevant for all. First, however, a ‘hypothetical’ set of capabilities needs to be established as a basis of ascertaining which are ultimately required for female QSs to pursue their

aspirations.

4.4.2 Establishing a list of capabilities.

As stated above, the issue of whether or not lists of capabilities should be produced remains debated. Despite his refusal to produce a definitive list, Sen (1992; 1999) is not averse to their production within context. Sen (1992) and Robeyns (2003: 89; 2005b) stress that “each application of the capability approach [requires] its own list”. To prevent researcher bias in list production, Robeyns’ (2003; 2005b) methodology has been employed. This states:

1. the list should be explicit, discussed and defended; 2. the method used to generate the list should be justified;

3. the list should be relevant to the context and use context-appropriate terminology; 4. the list may have levels of generality – the first may be to draw up an ‘ideal’ list and

the second to draw up a more realistic one that takes constraints into account; 5. The list should be exhaustive – all capabilities should be included, and these should

not be able to be reduced to other elements.

Different methods have been adopted by those who have produced lists, although there has been no debate regarding a ‘correct’ method. This research is adopting the method used by Walker (2012) and Holborough (2015) as it involves analysing elements of existing lists to establish capabilities relevant to the context of female QSs, which then form part of the data- collection process. As the first application of the CA in this context, careful consideration and interpretation of relevant capabilities is required.

62 Nussbaum’s (2000) ‘universally valid’ list is an appropriate starting point. Albeit that

Nussbaum’s focus is gendered inequalities in human development, her ten-point list is intended to address inequalities applicable to any context. Additional lists were chosen for a variety of reasons. Robeyns’ list focuses on gender inequality with capabilities relevant to this research. Erikson and Aberg (Erikson, Nussbaum and Sen. 1993: 72-3) produced a list centred on a person’s “command over resources in the form of money, possessions,

knowledge, mental and physical energy, social relations, security, and so on” which gives insight into the range of resources in addition to qualifications and experience. Walker’s list also addresses gender inequality albeit in an educational context. Finally, Holborough’s list was compiled in a comparable way to that of this research, developing throughout the research process. It also contained relevant capabilities not included on other lists. Some capabilities from these lists were dismissed as not relevant. For example, having the freedom to live a ‘normal’ lifespan (Nussbaum, 2000). The theoretical list of capabilities, Table Four, was formed by selecting relevant capabilities from the above lists, together with information obtained from the literature review and pilot interviews:

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Theoretical capability Reasoning and alternative definitions

1 To be free from harassment and bullying

Included in all analysed lists:

Nussbaum (2000: 78): “bodily integrity”; Robeyns (2003: 78): “safety”;

Walker (2007): bodily integrity;

Holborough (2015): to be treated fairly, including freedom from discrimination and bullying.

2 To have educational opportunities

Included in all analysed lists:

Erikson and Aberg (1987: 4): “knowledge and education opportunities”;

Nussbaum (2000: 79): “imagine, think and reason … in a way informed and cultivated by an adequate education”; Robeyns (2003: 79): “education and knowledge”;

Walker (2007): knowledge;

Holborough (2015): having a formal education. 3 To seek paid

employment on an equal basis with others

Nussbaum (2000: 80): included in “having control over one’s environment”;

Robeyns’ (2003: 81): “paid work” focusing on gender inequality within employment;

Holborough (2015: 280): “to be financially rewarded” for work.

4 To have mental well- being and support

Nussbaum (2000: 79): “emotions” and “affiliation”; Robeyns (2003: 83): “being respected and treated with dignity”;

Walker (2007:190): “respect and recognition” Holborough (2015): being supported at work 5 To have social

interaction

Included in all analysed lists: Nussbaum (2000: 79): “affiliation”;

Robeyns (2003: 78): “Social relations ... social networks and social support”;

Walker (2007: 189): “social relations ... work with others to form effective or good groups”;

Holborough (2015: 280): “to have and enjoy relationships, social networks and to make friends at work”.

6 To have adaptability Holborough (2015): to have adaptability. 7 To carry out domestic

work and non-market care

Robeyns (2003) and Holborough (2015): To carry out domestic work and non-market care.

8 To have autonomy Robeyns (2003) and Holborough (2015): to have time autonomy.

9 To have travel autonomy

Robeyns (2003: 81): “mobility”;

Holborough (2015): “to move and relocate for work”. 10 To have a voice Walker (2007) “speaking out, not being silenced through

pedagogy or power relations or harassment”; Holborough (2015): to have a voice.

11 To have respect, self-

confidence and self- esteem

Holborough (2015): To have respect, self-confidence and self-esteem.

64 Both Sen (1989) and Robeyns (2003: 89) recognise that there may be some overlap

between capabilities. This hypothetical list forms the basis of the questioning framework in both the questionnaire survey and the case-study interviews, as detailed in Chapter Five.

There has been debate over whether capabilities should be weighted, or otherwise valued, to compare the importance of one to another. Although Sen (1992; 1999), acknowledged that that this is an issue to be explored, he asserts that weightings will differ according to circumstances and the context in which the list is compiled. Researchers do not give a value or weighting to their lists with any of the above capabilities as they all “are of central

importance and all are distinct in quality” (Nussbaum, 2000: 81). Likewise, no weighting is given to the capabilities in this research.

4.4.3 Research direction

The questioning frameworks developed from this list are given in Appendices E, F and G. They consider the link between resources, capabilities and functionings and how conversion factors affect the transformation from inputs to outcomes. The research considers the impact of gender in individuals’ aspirations, their ability to obtain resources and the influence of conversion factors, which has led to the creation of a capability set that reflects the career aspirations of female QSs. By highlighting how structural and cultural factors influence female QSs’ ability to achieve their desired functionings, positive implementations to enable the development of female careers in quantity surveying can be identified. Although change could be achieved by increasing resources, for example by gaining additional qualifications, the demographics from the case-study respondents indicates that this does not necessarily influence their career pathways. However, change can be implemented through the

expansion of female QSs capability sets (Graham, 2011), by addressing inequalities in conversion factors and how they influence female QSs’ ability to achieve their desired functionings.

4.5 Conclusion

This chapter has demonstrated that the study of careers of women in the construction

industry, specifically female QSs, can be approached in a different way to previous research. Using the CA as the research framework switches focus from achieved outcomes, where women are said to lack success, to focusing on ways to enable them to achieve desired aspirations, whatever they may be.

65 Although the research begins with ascertaining desired aspirations, it passes no judgment regarding their nature, merely using them as a means of identifying the capability sets, or freedoms, through which they can be achieved. Thus, it diverges from other construction careers research by analysing, in-depth, the means to achieve a range of valued outcomes.

The CA is an open framework that can be adapted to specific contexts. The capability set formed will be unique to the careers of female QSs. Understanding the factors that influence career pathways of female QSs using the CA ensures that the voices of female QSs are heard. Despite arguments that the CA is not suitable for quantitative research (Nussbaum, 2003; Robeyns, 2005a; 2005b; Graham, 2011), with some saying it serves qualitative

research better (Zimmerman, 2006), Sen argues that it is up to the researcher to develop the framework for their own purposes. This research adopts a mixed-methods approach

incorporating both qualitative and quantitative methods as detailed in the following chapter.

The first question addressed is that of the aspirations of female QSs. Whilst not focused on outcomes, the CA is geared towards establishing freedoms for desired outcomes to be achieved. Research asserts that women underachieve in the construction industry, yet no one has asked women what their aspirations are or their definitions of career success. This is the starting point in understanding the capability sets required to achieve valued

outcomes. The second theme addresses the acquisition of capabilities required to achieve these outcomes within the enabling and constraining factors impacting the conversion of aspirations and resources (the third theme). Finally, the capability set relevant to all career aspirations of female QSs is established.

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CHAPTER FIVE

Research Design and Methodology

5.1 Introduction

The research aims to understand women’s career pathways in quantity surveying and how pathways are impacted by female QSs’ aspirations and definitions of career success, as well as structural enablers and constraints. While a purely qualitative approach would uncover the depth of female QSs’ experience within a single organisation, it could not conclude that the resulting capability set applies across the construction industry. Purely quantitative methods on the other hand, do not uncover the depth of knowledge required to enable understanding of the relevant issues, particularly as the researcher is too distant from those being researched (Creswell, 2009). Therefore, this study adopts a mixed methods approach that is informed by the Capabilities Approach.

Outline

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