Drawing its strength from the UN Charter and UDHR, human rights ethics is a beacon of hope and a promise that requires continuous reaffirmation during these turbulent times. These two documents, with their unwavering faith in ‘fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small,’ have shaped our understanding of human rights as global and universal ethics. However, this faith (...) is now being severely tested by four countercurrents: extremism, exclusionism, selectivism, and populism. These countercurrents pose significant and urgent human rights threats that activists, academics, and policymakers must confront by reasserting the basic core values of the UN Charter and UDHR. (shrink)

Across the African continent, women's rights have become integral to international declarations, regional treaties, national legislation, and grassroots activism. Yet there is little research on how African men have understood these shifts and how African masculinities are implicated in such changes. Drawing on a year of ethnographic research in the Ugandan capital Kampala, this article investigates how ordinary men and women in Uganda understand women's rights and how their attitudes are tied to local conceptions of masculinity. The author (...) argues that a new configuration of gender relations is evident in urban Uganda—one that accommodates some aspects of women's rights while retaining previous notions of innate male authority. This article therefore illustrates the complex and often contradictory engagements with human rights that occur in local contexts and how such engagements are shaped by—and are shaping—gender relations, including conceptions of masculinity. (shrink)

This comprehensive and important volume includes contributions by activists, journalists, lawyers and scholars from twenty-one countries. The essays map the directions the movement for women's rights is taking--and will take in the coming decades--and the concomittant transformation of prevailing notions of rights and issues. They address topics such as the rapes in former Yugoslavia and efforts to see that a War Crimes Tribunal responds; domestic violence; trafficking of women into the sex trade; the persecution of lesbians; female genital (...) mutilation; and reproductive rights. (shrink)

This essay addresses tensions within political philosophy between group rights, which allow historically marginalized communities some self-governance in determining its own rules and norms, and the rights of marginalized subgroups, such as women, within these communities. Community norms frequently uphold patriarchal structures that define women as inferior to men, assign them a subordinate status within the community, and cut them off from the individual rights enjoyed by women in other sections of society. As feminists point out, the (...) capacity for voice and exit cannot be taken for granted, for community norms may be organized in ways that deny women any voice in its decision-making forums as well as the resources they would need to survive outside the community. This essay draws on research among the Gond, an indigenous community in India, to explore this debate. Given the strength of the forces within the community militating against women’s capacity for voice or exit, the question motivating our research is: Can external organizations make a difference? We explore the impacts of two external development organizations that sought to work with women within these communities in order to answer this question. (shrink)

In the following study the author goes back to the beginnings of the Women's Rights movements in order to pose the question on gender equality by approaching it through the prism of language as a powerful tool in human rights battles. This permits her to show the deep interrelation between women's struggle for recognition and some particular women rights, like the "feminization" of professional titles and the implementation of a gender sensitive language. Hence she argues the thesis (...) that even in the most advanced European democracies, where freedom of speech, education, and scientific research seem actually to be legally guaranteed as universal rights, there is still a deep conflict in regard to the use of language and also that we have throughout history backlashes, reproductions of past stereotypes, and a loss of women's rights which were previously acquired. (shrink)

The article discusses the problems of development of women’s political rights in Lithuania in the legal historical aspect starting from the 16th century, when some property and individual rights were enshrined in the first codifications of the laws of the Great Duchy of Lithuania. The aim of the article is to show that women’s struggle for political equality and suffrage at the end of the 19th and at the turn of the 20th century correlates with the movement for (...) re-establishment of the independent State of Lithuania. As a result in Lithuania equal suffrage and political rights were ensured from the very beginning of independence. In 1905 the Great Seimas of Vilnius recognized the principles of equality of women and men and declared the principles of equal general election to the Seimas (parliament); women’s suffrage, as one of the elements of legal equality, became constitutionally entrenched already in the first temporary Constitution of the State of Lithuania in 1918. At the end of the 20th century and the beginning of the 21st century women’s rights have been further developed, moreover, the first woman was elected as President of the Republic in the national elections in May 2009. (shrink)

Uncovers the truth behind the ideas, struggles, and eventually success of Black and Puerto Rican Nationalists regarding key feminist issues of the 1960s, 1970s, and 1980s While most people believe that the movement to secure voluntary reproductive control for women centered solely on abortion rights, for many women abortion was not the only, or even primary, focus. Jennifer Nelson tells the story of the feminist struggle for legal abortion and reproductive rights in the 1960s, 1970s, and early 1980s (...) through the particular contributions of women of color. She explores the relationship between second-wave feminists, who were concerned with a woman's right to choose, Black and Puerto Rican Nationalists, who were concerned that Black and Puerto Rican women have as many children as possible “for the revolution,” and women of color themselves, who negotiated between them. Contrary to popular belief, Nelson shows that women of color were able to successfully remake the mainstream women's liberation and abortion rights movements by appropriating select aspects of Black Nationalist politics—including addressing sterilization abuse, access to affordable childcare and healthcare, and ways to raise children out of poverty—for feminist discourse. (shrink)

The rights of women in fundamentalist Muslim countries has become a cause celebre for many North American women; however, the problem of how to balance respect for women's rights and respect for cultural differences remains in dispute, even within feminist theory. This paper explores how U.S. feminists who are serious about supporting the struggles of women across cultural borders might best adjudicate the seeming tension between women's rights and cultural autonomy. Upon examining 4 representative approaches to this (...) problem, the paper argues that the seeming choice between respect for women's rights and respect for cultural differences is a false one and that both goals are advanced when global-minded U.S. feminists build on the insights of marginalized cultural groups to reflect critically on their own moral authority and their own communities' complicity with other women's oppression. (shrink)

This research focuses on the issue of human rights violations, particularly those affecting Muslim women in Indonesian diaspora marriages in Russia. Despite the regulations set by the Family Code of the Russian Federation, there have been reports of abuse, expulsion, withholding of documents and unilateral divorce. The purpose of this qualitative research using Smith’s phenomenological approach is to analyse the root causes of these violations and provide solutions. Data were collected through in-depth interviews, observation and documentation analysis. The results (...) showed that domestic violence was caused by a lack of self-concern and lack of cultural, legal and legal administration literacy. This lack of literation contributes to the violation of the rights of married diaspora women in Russia. Self-protection can be enhanced by increasing faith-based marriage literacy and cultural and legal literacy. Contribution: This research provides insight into the factors contributing to human rights violations in Indonesian diaspora marriages in Russia and proposes solutions to prevent such violations. The findings of this study can also serve as a basis for future research in the field of human rights and diaspora. (shrink)

The discourse inside and outside of sport in Australia and abroad on the participation of transgender women in female sport focuses on the principles of fairness, equity and the safety of competitors. These concerns commonly materialise (with little evidence) labelling transgender women as ‘cheats’, dominating female sport, strategically being coached in collision sports to intentionally hurt opponents or fraudulently transitioning with the sole aim of competing in elite women’s sport. Our research examines the process by which the Australian Football League (...) (AFL) grappled with these competing narratives in developing a policy to permit the participation of transgender and gender diverse athletes in community and ‘elite’ competitions. It will be argued that the initial AFL process lacked consideration of the human rights of transgender women and did not provide the necessary resources required to ensure a safe and inclusive process for transgender women to engage with the AFLW competition. This article will also identify lessons which other sport governing organisations should heed in developing and implementing policies for the inclusion of transgender women in sport. (shrink)

This paper explores conceptual and practical linkages between women and food, and argues that food security cannot be realized until women are centrally included in policy discussions about food. Women's special relationship with food is culturally constructed and not a natural division of labor. Women's identity and sense of self is often based on their ability to feed their families and others; food insecurity denies them this right. Thus the interpretation of food as a human right requires that food issues (...) be analyzed from a gender perspective. For example, the paper asks how the rights to food intersect with the rights of women and other human rights; what the policy implications of these intersecting rights are; and how their integration will contribute to the effort to view all human rights as mutually reinforcing, universal, and indivisible. The second half of the paper speculates on the significance of distinctions between the right to be fed, the right to food, and the right to feed for understanding the relation between gender and food. (shrink)

Since Kenya gained independence from Britain in 1963, women’s rights in the country have made slow gains and suffered some setbacks. However, the rights of women and their guaranteed participation in politics was outlined in Kenya’s 2010 Constitution. This paper will survey some of those gains as well as describe the social backlash experienced by women leaders who have been trailblazers in post-colonial Kenyan politics.

Women’s legal rights are one of the most significant determinants of their status. In Bangladesh, a series of laws ensuring women’s rights have proven largely ineffective in promoting their positions. The prime reasons for this are: dirtier politics, the ineffective implementation of women rights laws, the traditional and cultural negative views about women’s rights, the absence of an accountable and transparent government, the expensive and time consuming judicial process, the lack of an efficient judiciary, and other (...) socio-economic reasons. The core theme of this essay concentrates on the ineffective enforcement of laws with the objective to promote protection of women’s rights by recommending remedies to flaws in prevailing laws in Bangladesh. Recommendations are made by reference to comparative and international practices. The primary arguments developed throughout this essay are: the protection of women’s rights is imperative to improve their status the legislative, administrative and judicial efforts dealing with women’s rights; and improvements in those effortsto better protect women’s rights. This study examines laws regarding women’s employment and political participation and the laws on dowry. It also explores the ways laws have been structured and enforced in Bangladesh, and how law can be an effective means of women’s pursuit of rights. (shrink)

The recent global movement for women's human rights has achieved considerable re-thinking of human rights as previously understood. Since many of women's rights violations occur in the private sphere of family life, and are justified by appeals to cultural or religious norms, both families and cultures (including their religious aspects) have come under critical scrutiny.

This book, based on the Round Table on Bioethics and Women held at UNESCO during the Fourth Session of the International Bioethics Committee (IBC), presents the ...

On July 2021, the UK High Court of Justice heard the Case CO/2066/2020 on the application of Heidi Crowter who lives with Down’s syndrome, and Máire Lea-Wilson whose son Aidan has Down’s syndrome. Crowter and Lea-Wilson, with the support of the disability rights campaign, ‘Don’t Screen Us Out’, have been taking legal action against the Secretary of State for Health and Social Care (the UK Government) for a review of the 1967 Abortion Act: the removal of section 1(1)(d) making (...) termination of pregnancy lawful for ‘severe’ fetal indications detected after 24 weeks' gestation. On 23 September 2021, the High Court dismissed the claim. This action came at a time when non-invasive prenatal testing (NIPT) was introduced into the NHS England Fetal Anomaly Screening Programme for the trisomies 21, 13 and 18. The implementation of NIPT has been heavily criticised, in particular by ‘Don’t Screen Us Out’ campaigners, for increasing fetal selection and discrimination of people living with disabilities. The case of Crowter and Lea-Wilson echoes debates in other European countries such as in France and Germany, where the introduction of NIPT in the public healthcare system has provoked equally vehement public reactions and discussions. The comparison between these three countries allows contextualising the public discourses around NIPT and the ground for termination of pregnancy in relation to different socio-cultural and political contexts. We examine how each country, and particularly England, deals with the conflict between the principles of promoting the rights of people living with disabilities and preserving women’s reproductive autonomy. (shrink)

Despite the persistence of violence inside and around prisons, and the dubious adequacy of criminal law to respond to victim–survivors, international human rights (IHR) discourse increasingly promotes the mobilisation of the state’s penal apparatus to respond to human rights violations, including violence against women (VAW). Using an anticolonial feminist approach, this article scrutinises the ontological and epistemological commitments underlying ‘human rights penality,’ by analysing features of the Western-colonial register vis-a-vis more relational worldviews. Separateness, abstraction, and transcendence broadly (...) underpin the exclusion of embodied experience, context, and material reality from the juridical field. In the second part, through discourse analysis of Inter-American and European case law, the author shows the deployment of human rights penality, the displacement of experience, and the disregard of context in IHR discourse. VAW is construed as a procedural and penal matter: it is the absence of a penal process that courts regard as failure to protect women, rather than the state’s inability/unwillingness to address structural subordination. Moreover, the ‘virtues’ attributed to the penal system justify its expansion, which facilitates the continuity of penal violence and debilitates alternative approaches to justice. Finally, the author posits penal abolition as an anticolonial praxis, pointing at examples of anti-carceral feminist work. (shrink)

The opposition of ‘culture’ and ‘rights’ is not uncommon in feminist legal discourse. This article argues that such an approach is fraught with danger as it creates an extremely restrictive framework within which African women can challenge domination; it limits our strategic interventions for transforming society and essentially plays into the hands of those seeking to perpetuate and solidify the existing structures of patriarchy. Drawing examples from a parallel research on Gender, Law and Sexuality, I propose that a more (...) critical and interpretative approach to these two concepts may present a different perspective to portrayals of ‘tradition’ as constraining and/or fixed often displayed in mainstream feminist legal thinking. (shrink)

Populist-nationalist ideologies pose a threat to women’s rights. This article examines to what extent national institutionalisation of international frameworks promoting women’s rights can weather the misogynistic political climate accompanying the global rise of populist nationalism. The post-2016 situation in the Philippines offers a testing ground for this problem due to the co-existence of President Duterte’s hypermasculinist national leadership with a strong history of institutionalisation of the UN’s Women, Peace and Security (WPS) agenda. Drawing from an analysis of WPS (...) policy and institutions in the Philippines between 2009 and 2019 and from field research and interviews with government agencies, local civil society organisations and international partners, this article argues that the WPS agenda will likely survive in the hostile environment. But it also finds that institutionalisation alone does not guarantee successful implementation. While the WPS agenda may ostensibly remain a national priority under populist-nationalist regimes, its progression has been halted. (shrink)

France is the home of the Declaration of the Rights of Man, yet women did not vote until 1945, many years later than their peers in other countries. In a country where civil rights had long been a rallying cry, women were not second-class citizens--they were not citizens at all. In this fascinating and ground-breaking study, Paul Smith assesses why Frenchwomen were repeatedly refused the rights of citizenship and examines the political relationships established by French feminists in (...) order to achieve their goal: one woman, one vote. (shrink)

Freedom of religious expression is to many a fundamental element of their identity. Yet the jurisprudence of the European Court of Human Rights on the Islamic headscarf issue does not refer to autonomy and identity rights of the individual women claimants. The case law focuses on Article 9 of the European Convention on Human Rights, which provides a legal human right to freedom of religious expression. The way that provision is interpreted is critically contrasted here with the (...) right to personal autonomy and identity now developed by that court in interpreting Article 8 which contains a right to respect one’s private life. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Human Rights and Women's RightsAngela KnobelMainstream feminists insist, with a degree of unanimity that is sometimes surprising, that access to abortion is an essential precondition of female equality. That feminism, which is in other respects so flexible, inclusive, and uncategorizable, should be so unyielding with respect to this particular issue seems surprising to many. It is especially surprising to those who, while sympathetic to other feminist goals, also (...) oppose abortion.1 Why is access to abortion so important? Why must one's views about the equality of women stand or fall on one's views about the value of unborn human life? If feminism has to have a flagship issue, why must that issue be abortion? In this paper, I will propose that Pierre Manent's Natural Law and Human Rights offers a possible answer to this question. I will argue that, to the extent that mainstream feminism assumes the truth of what Manent calls the "philosophy of human rights," it cannot not advocate abortion access. Similarly, I will argue that pro-life feminist attempts to defend the contrary position—namely, that abortion is antithetical to feminism—invariably assume the natural law that the philosophy of human rights rejects. My argument, if correct, suggests the pivot point in discussions of abortion and feminism occurs much further back than many acknowledge: in our very understanding of ourselves and our place in the world.In what follows I will first briefly summarize Manent's account of what he calls the "philosophy of human rights." With this background in place, [End Page 275] I will consider the mainstream feminist claim that access to abortion is a necessary precondition of female equality. When "equality" is understood through the lens of the philosophy of human rights, I argue, the mainstream feminist insistence on access to abortion becomes coherent: a feminism that assumes the truth of the philosophy of human rights cannot not insist on access to abortion. The pro-life feminist reply that abortion harms and oppresses women, by contrast, is coherent only to the extent one assumes the framework of natural law.2Natural Law or Human Rights?To believe in natural law is to believe that nature itself sets the standard for human life. What the "law" commands is simply action necessary for the realization of the potential implicit in our nature. Under such a framework, Manent notes, "natural inclinations and natural differences, if they exist, constitute a kind of language of nature."3 The fact that human beings are naturally rational or naturally social, or that biological males are (typically) attracted to biological women, helps provide insight into nature's "law": "Natural law issued commands in the name of a teaching implicit in human nature, in a tendency of human nature to society and to knowledge, or in a natural difference among ages, sexes, and capacities, a tendency or difference that reason once made explicit and on the basis of which it founded its commandments and recommendations."4 Nature's laws can be and frequently are violated: cultures or individuals can choose to live up to nature's laws or not. For this reason, Manent says that, under the traditional framework of natural law, human beings are "free under the law."5 Natural law is something we freely choose to follow or freely choose to reject, but because it stems from our human nature, it does not cease to bind even those who reject it.The philosophy of human rights, by contrast, accepts the notion of freedom but rejects the notion of any overarching "law" against which our free choices are to be measured. While the philosophy of natural law is rooted in the language of nature, and thus sees human beings as free "under the law" of nature, the philosophy of human rights puts freedom prior to [End Page 276] law and recognizes law only as a means of preserving freedom.6 While the philosophy of natural law understands individual human beings in terms of their human nature, and thus in terms of their natural inclinations and natural differences, the philosophy of human rights rejects the language of "nature" in favor of an "impoverished common denominator," namely equality... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Rights of Women: Reclaiming a Lost Vision by Erika BachiochiAngela KnobelThe Rights of Women: Reclaiming a Lost Vision by Erika Bachiochi (Notre Dame, IN: University of Notre Dame Press, 2021), 422 pp.Erika Bachiochi's The Rights of Women is animated by a clear vision: a vision of men and women as possessors of the same nature and engaged in the same shared enterprise. Men and (...) women possess the same nature because they are rational animals and hence fulfilled by living a life that exhibits the fullness of their rational human nature, and they are engaged in the same enterprise because both naturally pursue the same good: the common good of their families and societies. Bachiochi argues that this Aristotelian and communitarian understanding of the relationship between the sexes was the original vision of feminism: it was the vision of the early feminist Mary [End Page 742] Wollenstonecraft, and likewise the vision that inspired and animated our nation's founding mothers. As feminism's most famous advocates began to adopt the language of the Enlightenment and its incoherent emphasis on "rights," however, Wollenstonecraft's robust and sensible understanding of the right relationship between the sexes was gradually left behind. Modern feminism, Bachiochi argues, needs to reclaim Wollenstonecraft's vision, and has indeed already begun to do so in the communitarian and dignitarian work of Mary Ann Glendon.As is evident from the preceding, there are three distinct claims advanced in Bachiochi's book. First—and this I take to be the overarching thesis of the book—there is a claim about how feminism ought to understand the relationship between the sexes (i.e., in terms of Aristotelian flourishing and natural law). Second, there is the claim that feminism originally did understand the relationship between the sexes in this way. Finally (this is the third thesis), there is the claim that modern feminists have lost this vision, and that the solution to our current woes is to reclaim it. It is important to notice that truth of the first thesis does not depend on the truth of the second or the third, or vice versa. Because the first thesis is to my mind the most interesting and important of the three, it will be the focus of my remarks here. But it is worth making a few brief remarks about the other two theses, if only because so much of the book's content is devoted them.Did early feminists have a clear vision of the right relationship between the sexes, a vision informed by Aristotle and natural law? Did later feminists discard that clear vision? Is Enlightenment philosophy to blame? This is a common narrative, particularly in pro-life circles, and I think there is certainly an element of truth to it. I think Bachiochi rightly recognizes an Aristotelian strain in Wollenstonecraft, and rightly applauds the early feminist advocacy of virtue. What I am not quite ready to accept, though, is the "clear" part of the clear vision. Early feminists subscribed to many admirable views. They also seem to have held some less admirable ones. However laudable her advocacy of virtue and chastity may have been, for instance, Wollenstonecraft seems to have had a very dim view of men (45). Similarly, I found the "voluntary motherhood" movement, which Bachiochi applauds, repellent. If disharmony between the sexes arose from men having too much control over women's sexual lives, harmony will hardly be restored by reversing the equation and instead giving women complete control over sex (109). My own instinct (which this book only reaffirmed) is to think that feminism as a movement has always been a bit confused, has always had some good goals and some that were less so. I think this, in [End Page 743] part, because I am not sure that a coherent "feminism" is possible. I shall say more about this below.Bachiochi's real claim, of course, is that there is a right way to understand men and women, and consequently a right way to be a feminist. But my genuine appreciation for and affirmation of her view of what the right relationship between the... (shrink)

W0mcn’s liberation, it is oftcn said, strikes closer t0 home than othcr forms of human liberation. Although basic shifts in attitudes arc required for thc liberation 0f, for example, workers 0r blacks and othcr ethnic minorities, thcsc types of liberation could bc accomplished without fundamental changes in what we call 0ur “privatc" lives or 0ur personal relationships. The liberation 0f blacks 0r workers is largely an affair 0f public roles and institutions, 21 matter 0f socialjusticc, and it is thus carried (...) 0ut relatively impcrsonally and anonymously in the marketplace and workplace, thc university and governmental institutions. Granted, if thc liberation 0f blacks and workers is t0 bc complete, I might have t0 bc willing t0 have some in my club and my suburb. Somc 0f my bcst friends might then bc blacks 0r workers, and I might even have t0 bc willing t0 have my daughter marry 0nc. Nonetheless, it might well be truc that my club and neighborhood, my friendships, and my relationship t0 my daughter could go 0n pretty much as bcforc, 0ncc "thcy” had been admitted. (shrink)

Major changes have taken place in Muslim societies in general during the last decades. Traditional family and social organizational structures have come into conflict with the perceptions and needs of development and modern state-building. Moreover, the international context of globalization, as well as changes in intercommunity relations through immigration, have also deeply affected social and cultural mutations by facilitating contact between different cultures and civilizations. Of the dilemmas arising from these changes, those concerning women’s and men’s roles were the most (...) conflictive issues because of different interpretations and evaluations of historical, religious and/or cultural heritages. In the case of Morocco, for over 30 years, women’s and human rights NGOs have acted and advocated to promote women’s rights. The main disputes have concerned the distinction between what is within the requirements of Islam and what is the consequence of traditional social beliefs and practices. This ended nevertheless with the adoption by the Parliament of a new Family Law proclaimed in February 2004. This law was the result of a process of consultation and national debate, which made possible substantial progress in terms of proclaimed values of equality of rights between men and women, with the support of most national political and social leaders. Several lessons can be learned from the Moroccan experience. The crucial role of civil society, the political support of the state at its highest level, the working methodology of the Royal Advisory Commission and the final process for the adoption of the new code were from the most determinant parameters. In light of recent developments in some majority-Muslim countries, the future of women’s rights is a key issue of the so-called Arab spring. Muslim women’s challenges and struggles are not only ideological and legal battles, but they are also social and political struggles for which one of the major conditions is to prevent and prohibit the use of Islam as a political instrument. Muslim societies need to educate people properly and change their traditional representations and patterns of thought. To promote justice, equity and equality in general, as well as to protect women’s economic rights, they need appropriate economic and social policies. Then women can really promote, protect and benefit from the advances of their legal status. (shrink)

Saudi Arabia has ratified the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child. However, it has made general reservations to the effect that where there is a conflict between a Convention article and Islamic Law principles, Islamic Law shall have precedence. The family law rights of women and children in the Kingdom of Saudi Arabia have been criticised for not reaching the standards set by CEDAW and (...) CRC. This article looks at the internationally set standards of these rights and compares them with the Family Law rules of Islamic Law as applied in Saudi Arabia. The applications in Saudi Arabia are then examined by looking at certain practices, case judgments and recent developments in the country in this field. Amongst these developments are the first case in which a Saudi judge annuls a child's marriage, the first death sentence declared on a father who abused his daughter causing her death, and the Saudi Divorce Initiative which aims to educate women and call for the protection of their rights during marriage and after its dissolution. The article stresses that despite the many improvements, there remains a need for codifying the Islamic Law of Personal Status in Saudi Arabia as this measure would be the basis that defines and protects the rights of women and children in Family Law. (shrink)

Within Western European countries the number of women and girls already genitally mutilated or at risk, is rising due to increasing rates of migration of Africans. The article compares legislative and ethical practices within the medical profession concerning female genital mutilation (FGM) in these countries. There are considerable differences in the number of affected women and in legislation and guidelines. For example, in France, Great Britain and Austria FGM is included in the criminal code as elements of crime, whereas in (...) Germany and Switzerland FGM is brought to trial as bodily injury. So far trials only in France and Switzerland in connection with FGM resulted in convictions. France and Great Britain as former Colonial countries serve as an example of countries with a comparably great number of African immigrants. These countries have the best possibilities to intervene preventatively, due to legislation and detailed medical guidelines. For instance, an obligation exists in France to inform administrative and medical authorities if FGM is suspected. FGM so far is not explicitly part of the curriculum for medical training in any of the examined countries. (shrink)

This essay examines why the recent recognition of human rights violations against women, as exemplified by Amnesty International's 1995 report on women, remains bound to the limitations of traditional approaches to human rights. The essay argues that despite Amnesty International's commitment to incorporating violations against women into its activities, it nevertheless upholds questionable assumptions about the gendered subject, gender relations within the family, and the relationship between the family and the state.

Protecting women and children is one of the core values of the Islamic legal tradition. In Muslim countries religious, constitutional, and legal frameworks obligate the state to take special measures to provide protection to women and children within families and in society. However, despite such provisions, post-divorce maintenance rights are not granted to women in Pakistan and Iran. Family law enacted in Pakistan and Iran still differs in form and substance from what has been mentioned in the primary sources (...) of Islamic law and from the previous articulations of early Islamic law scholars. Moreover, patriarchal notions of male authority are still sustained through law and judicial interpretations when it comes to the question of giving post-divorce maintenance to women. As a result in the absence of a welfare system divorced women are left in a vulnerable situation. Although in Iran, some financial compensation under the concept of Ujrat ul Misl is given to divorced women, but it remains unclear whether the right to Mata’at-ul-Talaq has been recognised under the family law. In Pakistan the law does not include any provision for giving women Ujrat ul Misl and Mata’at- ul -Talaq. Moreover in the absence of a welfare system, divorced Muslim women in both countries are left in a vulnerable situation. This article engages with plural normative sources and contemporary notions of human rights to make the case for family law reform and for awarding post-divorce maintenance rights to Muslim women in Pakistan and Iran. (shrink)

In this remarkable study, David A. J. Richards combines an interpretive history of culture and law, political philosophy, and constitutional analysis to explain the background, development, and growing impact of two of the most important and challenging human rights movements of our time, feminism and gay rights. Richards argues that both movements are extensions of rights-based dissent, rooted in antebellum abolitionist feminism that condemned both American racism and sexism. He sees the progressive role of such radical dissent (...) as an emancipated moral voice in the American constitutional tradition. He examines the role of dissident African Americans, Jews, women, and homosexuals in forging alternative visions of rights-based democracy. He also draws special attention to Walt Whitman's visionary poetry, showing how it made space for the silenced and subjugated voices of homosexuals in public and private culture. According to Richards, contemporary feminism rediscovers and elaborates this earlier tradition. And, similarly, the movement for gay rights builds upon an interpretation of abolitionist feminism developed by Whitman in his defense, both in poetry and prose, of love between men. Richards explores Whitman's impact on pro-gay advocates, including John Addington Symonds, Havelock Ellis, Edward Carpenter, Oscar Wilde, and André Gide. He also discusses other diverse writers and reformers such as Margaret Sanger, Franz Boas, Elizabeth Stanton, W. E. B. DuBois, and Adrienne Rich. Richards addresses current controversies such as the exclusion of homosexuals from the military and from the right to marriage and concludes with a powerful defense of the struggle for such constitutional rights in terms of the principles of rights-based feminism. (shrink)

Review of Cynthia Daniels, 'At Women's Expense: State Power and the Politics of Fetal Rights'.

This article deals with the empirical example of how social subjects, in this case women, have appropriated the language of rights in order to demand social inclusion. Since there are many different points of view in feminist theory with regard to how to deal with the idea of women’s rights, this article is divided into three sections. In the first section, I focus on how some important normative contents about democracy and rights have already been accepted by (...) many different theorists who speak from critical perspectives. In the second section, I deal with how women’s struggles have gained consensus about the importance of defending the idea of rights for their own struggles to overcome their exclusion. In the third and last section, I turn back to the theoretical efforts by leading feminists, in order to show how these struggles from women all over the world can be thematized in our global scenario. (shrink)

This article analyses existing biases – whether due to misinterpretation, culture or politics – in the application of women’s rights under Islamic Shari’a law. The paper argues that though in its inception, one purpose of Islamic law may have aimed at elevating the status of women in pre-Islamic Arabia, biases in interpreting such teachings have failed to free women from discrimination and have even added “divinity” to their persistent subjugation. By examining two case studies – Saudi Arabia and Egypt (...) – the article shows that interpretative biases that differ in application from one country to the other further subject women to the selective application of rights. Dictated by norms, culture and tradition rather than a unified Islamic law, the paper shows how culture and politics have contributed to such biases under the pre-text of Islamic dictate. As such, it proposes a re-examination of “personal status” laws across the region in light of international human rights norms. (shrink)

In Latin America, rights to local political participation in many indigenous communities are not simply granted, but rather “earned” through acts of labor for the community. This is the case in the state of Oaxaca, Mexico, where almost three-fourths of municipalities elect municipal authorities through custom and tradition rather than secret ballot and universal suffrage. The alarmingly low rate of women’s formal participation in these municipalities has garnered attention from policymakers, provoking a series of legislative reforms designed to increase (...) women’s roles in local politics. However, these initiatives often miss their mark. Focused on a liberal model of women as individual rights-bearers, they fail to understand the complex ways in which gendered labor influences political participation in nonliberal contexts. This article examines a case in which indigenous women reject such an initiative because it would exacerbate their exploitation within the local terms of gendered collective labor instead of promoting equality. It thus explains potential barriers to indigenous women’s political leadership at the local level and suggests ways in which gender equality can be promoted in nonliberal contexts. (shrink)

This article traces opposition to women's contraceptive rights moving from the role of St Augustine and Thomas Aquinas to the modern day role of the Vatican. Traditional views of women and sexuality have been challenged by modern feminism but Catholicism is still pursuing a global crusade against abortion, birth control, and redefinitions of the family that might include homosexual couples. This means opposing sex education curricula and opposition to state funding for family planning assistance. But the Catholic crusades against (...) women's reproductive rights have generated rebellion among some Catholics worldwide. This is led by Catholics for a Free Choice and the SeeChange campaign. (shrink)

Agitation for women's rights in Iran is entwined with broader movements for freedom and reform that critique the Islamic Republic's shari'a law as discriminatory. Despite the foundation of these reform efforts in the social realities of contemporary Iran, anyone who critiques laws governing the rights of women is prone to the charge of insulting the sanctity and foundation of Islam and subject to harsh penalties. Reform efforts will be hamstrung until there is a foundation for open discourse and (...) debate in Iran. Thus, human rights such as the right to freedom of expression and related rights must be seen as the fundamental basis for successful political and legal reform in Iran – whether that reform is based in liberal Islam or secularism. (shrink)

This article draws on core insights of critical realism to explain why the international diffusion of women's human rights norms has varied greatly from one state to another and why states in general have been slower to incorporate these norms domestically than other human rights norms. Its central argument is that the gender-biased corporate identity of many states represents the most significant barrier to diffusion. However, it also shows that particular norms have been incorporated into particular states at (...) particular points in time as a consequence of articulated international and domestic pressure from a variety of actors. It begins by examining the limitations of existing explanations of international norms before developing an alternative critical realist argument to explain cross-national variation in the diffusion and efficacy of international norms of sexual non-discrimination. Through the cases of Germany and Japan, it demonstrates how the diffusion of these norms is conditioned and more often than not impeded by the dynamic interplay between various international and domestic structures and agents, discourse, and power. Finally, it briefly discusses the theoretical and practical implications of the argument. (shrink)

Significant improvements in human rights and democracy have been made since the adoption of the Universal Declaration of Human Rights by the United Nations in 1948. Yet, human rights, especially women's rights, are still being violated in many parts of the developing world. The adverse effects of such violations on women's and children's health are well known, but they are rarely measured. This study uses cross-national data from over 145 countries to estimate the impact of democracy (...) and respect for human rights on various measures of women's health while controlling for confounding socio-economic factors such as income, education, fertility and healthcare. It finds that democracy and regards for human rights contribute positively to women's health outcomes, as do socio-economic variables. (shrink)

Feminist scholars argue that women generally gain political rights followed by civil and social rights. However, this argument is based on data from North America and Western Europe, and few scholars, if any, have examined the progression of these rights within countries currently undergoing transitions to democracy in different parts of the world. Through in-depth interviews with members of women's organizations in Ghana, the author extends this literature. The findings both contradict and support the prior feminist argument. (...) They indicate that prior to democratization, women focused primarily on social rights to improve their economic well-being. However, new opportunities emerged with the transition, which allowed women to use their political rights to secure more civil and social rights. (shrink)

Margaret Brazier has argued that, in the literature on reproductive technology, women's “right” to reproduce is privileged, pushed, and subordinated to patriarchal values in such a way that it amounts to women's old “duty” to reproduce, dressed up in modern guise. I agree that there are patriarchal assumptions made in discussions of whether women have a right to select which embryos to implant or which fetuses to carry to term. Forcing ourselves to see women as active, rational decisionmakers tends to (...) counteract any lingering patriarchal assumptions. But rational decisionmaking requires information. Voting wisely requires information about the candidates. Taking women's reproductive rights seriously means taking seriously women's need for relevant information to make rational decisions, including decisions about which embryos to implant or alter. I argue that preimplantation genetic profiles and prenatal test information should be made available to prospective parents, especially prospective mothers, unless doing so threatens to harm the resulting child or the larger society in specifiable and important ways. (shrink)