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Aboriginal Women Unmasked: Using Equality Litigation to Advance Womens Rights - Assignment Example

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This paper stresses that the author describes how the aboriginal women and their organizations advanced their equality rights using the legal system from the late 1960s up to the early 2000s. It was a battle for equal rights to claim the possession obtained amid the marriage, participation in governance…
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Aboriginal Women Unmasked: Using Equality Litigation to Advance Womens Rights
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The author describes how the aboriginal women and their organizations advanced their equality rights using the legal system from the late 1960s up to the early 2000s. It was a battle for equal rights to claim the possession obtained amid the marriage, participation in governance and equal status and membership within Aboriginal communities.
The author says that aboriginal women are among the poorest in Canada. The author accepts that this is due to women legal and political inequalities. In addition, the author also incorporates issues of poverty, rights and governance. The writer uses the mentioned factors to demonstrate the fact that most women act as subordinates of men. This fact is also a major cause of the poverty in Canada.
The author reviews a number of cases since 1969, of individuals and organization of aboriginal in the corridors of justice in Canada powerfully battling for equal rights. The first case was by a woman Lavelle, who lost her status as an Indian when she was married to a non-Indian. Though she did not win this case in the Supreme Court, it was a significant milestone for women. The ruling sparked protests and this influenced support from Canadian women. (McIvor 2004)
The struggle continued with Sandra Lovelace, who was able to present her case to the UN Human Rights Committee and won on grounds of sexual discrimination. Eventually, it led to an amendment of the Indian act in 1985.The amendment encouraged other women litigants and aboriginal organizations to pursue the same road. As a result, they were able to make great strides in equality even thou they had plenty steps to follow. The author has overwhelming confidence that there will be no injustice in this case, and it is only the beginning.
Commentary
The text explains the gradual struggle for equal rights between men and women. This struggle is not only in Canada by the Aboriginal Women, but it also a struggle by Women in other continents like Africa where Women have no equal rights to their male counterparts. A case in point is the system patriarchy and women’s work stereotype in South Africa. The struggle was started by Charlotte Maxeke in 1948.
In the aboriginal community, women were not considered inferior until the arrival of Europeans. This attitude continued in this century. However, the women had to fight battles in order to win their right to vote and to be recognized as legal persons. It was just within the recent decades that the last lawful confinements upon their entitlement to contract and own property were lifted.
The struggle for women is not only a battle for Aboriginal women but a battle for women rights all over the world. There is an overall picture presented of racism sexism and violence all over the world. There is need to address underlying causes of causing coming into conflict with the law. The ultimate goal is to encourage and assist women to recapture and possess their legitimate place as equal partners in the society.
Reference
McIvor, S. D. (2004) Aboriginal Women Unmasked: Using Equality Litigation to Advance Women’s Rights, Canadian Journal of Women and the Law, 16, 1,106-136. Read More
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