Womens Legal Rights: Major Accomplishments - Report Example

Women’s Legal Rights: Major Accomplishments al Affiliation: Women’s Legal Rights: Major Accomplishments Introduction Legalrights, encompassed under the Universal Bill of Rights, are essential in contemporary contexts, referring to individual rights bestowed upon an individual, by the existing legal systems. Unlike legal rights, natural rights are universal and subsequently inalienable, as they are not contingent upon any prevailing beliefs, customs and laws. This is essential in understanding the paper’s focus – of women’s legal rights in the USA. Historical, socio-cultural and even religious contexts have, and continue to influence the rights of individuals to the present day. Certainly, women have come a long way from the traditional setting, where their voices were rarely heard. Legal representation has been, and is still an avenue through which women have further agitated for their rights viewing it as the best foundation for their continued equal representation. This is what informs my notion that I do not believe a third wave of Women’s Movement is necessary. The reason behind my notion is that as far as the USA is concerned, women’s rights have greatly benefited from agitation by the strong feminist movement, as well as the civil rights movement. This is especially symbolic in varying contexts, where women have risen to greater heights and ranks initially a preserve of the male gender. Additionally, has been the positive effect of increased education, which has further improved women’s perception and understanding of their rights and freedoms. This has in turn influenced their active participation and engagement in various vocations, roles and activities, helping further strengthen their social contributions. While legal rights may be also viewed as currently inalienable, the contexts have been dynamic; evolving with time, as the situational contexts changed. This is to say that while a lot has been achieved within American contexts, there is stillroom for further improvement, as will be provided hereafter. Reasons will be provided showing the necessary provisions present, as well as where further discussions and change is possible (Barringer, 1996). Accordingly, the suffrage movement enabled the greater articulation of rights i.e. social, ethical and legal principles (of entitlement or freedom), as basic normative rules owed or allowed to people. As essential pillars of culture and society, rights became fundamental to any civilization; influenced by various social conflicts that ultimately led to their development; each individually. In essence, rights do not only structure the prevailing forms of government, but also the contents of law present, in addition to the sense of morality that is perceived. Civil/ statutory rights as is known are both politically and culturally relative influenced on the specific social contexts present. Thus, to best understand legal rights, one needs to have an in-depth analysis the civil rights (suffrage) movement. Distinction is made, in reference to women’s rights movement and the greater civil rights movement, through the specific entitlements, which they agitated for. The Civil Rights Movement: Universal Suffrage The civil rights movement and the feminist movement worked hand in hand towards the realization of greater human rights and freedoms. The former, as Heidi and Julie (2009) provide, was integral to both organized and legislative efforts, aimed at abolishing both private and public acts of discrimination. Historically, America’s minority groups i.e. African Americans, the Latino community and indigenous Indians were subjected to varying degrees of discrimination; influenced by the prevailing contexts. This was influenced significantly by prevailing contexts, which provided their space in America’s history, as its workforce. Towards the 20th century, the aspect of second-class citizenship, together with Jim Crow’s system and en masse disenfranchisement, made civil rights difficult to attain in the U.S. Three core aspects influenced these contexts i.e. the upholding of racial segregation, as upheld in the U.S. Supreme Court’s decision regarding the Plessy v. Ferguson case (1896) voter disfranchisement or suppression, and private acts of violence. Voter suppression was mandated by the various governments of the south, in addition to the en masse racial violence meted out on African Americans, which was either encouraged on unhindered by existing authorities. These three, were influential to future agitation, which was evident during the 1960s Civil Rights Movement. To be noted is that other strategies were employed, as avenues of greater agitation, prior to the 1960s. These include the NAACP – National Association for the Advancement of Colored People – whose efforts became the hallmark of the Civil Rights Movement. It is the gradual pace, in terms of approaches towards the implementation of desegregation as a whole in tandem with the en masse resistance by the white folks, which resulted in the greater presence of agitation during the 1960s and 70s. Thus, a different strategy was utilized, combining both non-violent resistance (civil disobedience) and direct action, which at times was violent in nature as exhibited by black paramilitary groups such as the Black Panthers. Different approaches became pivotal in this movement i.e. the Selma to Montgomery marches (1965) and the Bus Boycott/ ‘sit-ins’, which produced one of the most famous female civil rights movement icons – Rosa Parks (Heidi & Julie, 2009). Women’s Rights: Agitation and Achievements Women’s rights gained, owe their presence to the civil rights movement, which fundamentally influenced the later-day feminist movement in terms of gains made and accomplishments. As mentioned above, one of the famous female activists was Rosa Parks, instrumental in portraying the ‘equalness’ of all human beings. Various rights fought for included both natural and civil rights, especially to the minority groups, as is shown by Hymowitz and Michaele (2011). These included the right to vote, to property and business, to movement, speech and thought, as well as legal representation amongst others. It is during President Truman’s tenure, where various achievements can be seen. While majorly concerned with foreign policy, as a result of the end of WWII, different achievements were gained i.e. the 1945 Fair Employment Practices (FEPC); the establishment of a committee on civil rights, and the CGCC – Committee on Government Contract Compliance; the abolition of poll tax; introduction of voting rights to the minority groups, and the right to legal representation. Through two Executive orders, with one banning racial discrimination within the civil service, and the other guarantying equality within the armed forces, Truman embarked on a journey to greater human representation within the U.S. An aspect to be noted is that while substantial gains were made, concerning the universal nature of civil rights and freedoms, various voices could still be heard concerning greater feminist inclusion. Feminist rights groups, complained about the lack of practical inclusion, as the woman was relegated to playing figurative roles. This is what spurred further agitation in feminist-centered rights. Notable rights gained included: - the Brown v. Board of Education judicial victory case; the enactment of the 1964 Civil Rights Act, Voting Rights Act (1965), and the Civil Rights Act (1968). In addition, prior to these, other achievements had been made, in regard primarily to the issue of Women’s rights (Hymowitz & Michaele, 2011). These include the decisive – Declaration of Sentiments (1848), which outlined grievances, as well as set the agenda for greater women’s rights, and freedoms and the 1850 Women’s Rights Convention, in Worcester, Massachusetts. In addition, as Kraditor (1965) alludes, is the 1869 setup of the National Woman Suffrage Association, mainly towards achievement of equal voting rights; latter evolving into the National American Woman Suffrage Association (NAWSA). In 1896, the National Association of Colored Women is founded, to be followed by the 1903 – National Women’s Trade Union League (WTUL) the latter being aimed at agitating for better working conditions and wages for women. Through the Congressional Union, influential voices such as Lucy Burns and Alice Paul, work towards promoting the voting rights of women. Other notable figures include Anna Julia Cooper, Josephine S.P Ruffin and Mary C. Terrell. The passage of the 19th Amendment to the Constitution (1920), results in the granting of the right to vote to women. Formed within the Department of Labor, the Women’s Bureau (1920), works together with the WTUL in promoting women’s working rights. In 1961, Pres. John Kennedy establishes – the President’s Commission on the Status of Women – that further recommends various measures on enhancing women’s rights in the workplace and at home. This is achieved by way of passage of the Equal Pay Act (1963) through congress, providing for equal pay, regardless of gender or race. This was further boosted through Title VII of the Civil Rights Act, which barred discrimination of any forms within the employment sector. The EEOC – Equal Employment Opportunity Commission, was critical in the investigation and imposition of penalties, where complaints were found to be legitimate. Feminists, in the aim of further agitation of female rights, establish the National Organization for Women (NOW), which further promoted the end of discrimination based on sex/gender (Kraditor, 1965). The above is made legally binding, through Pres. Johnson’s policy on affirmative action; Executive Order 11375, thus covering all forms of discrimination based on gender. This as Dubois (1999) portrays, entailed the need for federal agencies to take active measures in ensuring the observance of these rights, gained in employment and educational opportunities. In 1972, the Equal Rights Amendment (ERA) passes through Congress, further reinforcing gender rights and equality. The Equal Credit Opportunity Act (1974) provides for the prohibition of discrimination, concerning consumer credit practices. In terms of sexuality, reproductive rights, contraception, and violence against women, the Roe v. Wade case (1973), provided for the establishment of women’s right, to legal and safe abortion. Similarly, the Eisenstaedt v. Baird case (1972), also in the Supreme Court, riled in favor of women having the right to privacy and use of contraceptives. The 1965 Griswold v. Connecticut had been a predecessor of the above, through striking down the last remaining state law that prohibited utility of contraceptives. Prior to this, had been the 1960 approval of birth control pills, by the Food and Drug Administration. The 1969 California’s ‘no-fault’ divorce law, allowing for the occurrence of divorce through mutual consent, is gradually adopted throughout the U.S. In reference to the aforementioned is the critical importance of the 1978 Pregnancy Discrimination act, which delved on issues of reproductive rights and those of employment. Marital rape is also made illegal, following the 1976 passage of law in Nebraska (Dubois, 1999). Pertaining to same sex relations, especially concerning women’s representation, the DOB Daughters of Bilitis was the first organization to represent lesbians, later turning into a political avenue. The 1994 Violence Against Women Act further tightens control, through federal penalties for sexual offenders. This is augmented by the setup of funds services, to cater for domestic violence or rape victims. Gains and Achievement: Room for More The women’s liberation movement, was fundamental to the achievements gained by women in partnership with the Civil Rights Movement, and especially so, on its own. Through different groupings and organizations, various women issues were presented, in the aim of providing avenues for change. It is during the 1970s, when Feminism agitation and activity, reached its peak. Publications such as the Ms. Magazine became mouthpieces, specifically tailored for voicing the concerns of women. though gradual in implementation, various ratifications finally result into the passage of the Equal Rights Amendment. This is pivotal in promoting equal opportunities, freedoms and other aims, which women agitated for. The various steps taken, as portrayed above, further provided women with equal opportunity and representation, in various aspects. From the political, to the socio-economic and even cultural arenas, women became more visible not only figuratively, but also in terms of activity, action and outspokenness. Even concerning military service, women have gradually gained advantage, as provided in the 1996 United States v. Virginia ruling on gender-inclusivity. I thus recommend relevant push for greater rights through the available avenues as aforementioned, since various aspects and issues have been addressed as shown above. References Anne-Myra, G. B. (1991). A history of the anti-suffrage movement in the United States from 1895 to 1920: women against equality. ABC-CLIO. Barringer, S.G. (1996). The Liberty of Self-Degradation: Polygamy, Woman Suffrage, and Consent in Nineteenth-Century America. Journal of American History, 83(3): 815-847. Dubois, E.C. (1999). Feminism and Suffrage: The Emergence of an Independent Womens Movement in America, 1848–1869. Cornell University Press. Heidi, H. & Julie, H.S. (2009). Women Making America. Clotho Press. Hymowitz, C. & Michaele, W. (2011). A History of Women in America. Random House Digital, Inc. Kraditor, A.S. (1965). The Ideas of the Woman Suffrage Movement: 1890–1920. Tidewater Publishers. Read More