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Critically discuss what issues other than 'freedom of choice' for individuals are important in creating social policy relati - Essay Example

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Critically discuss issues other than ‘freedom of choice’ for individuals are important in creating social policy relating at least TWO of the following (Name) (Institution) (Course) (Tutor) (Date) Introduction Social policy is the study of the necessary social relations for human welfare and systems which promote it…
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Download file to see previous pages Value of choice Some scholars argue that society evaluates the benefits of choice on the basis of normative and cultural underpinnings. Therefore, some policy makers instinctively draw on the concept of choice as the remedy for the problems in social welfare. The prevailing ideology among many policy makers is that more choices increase the chance of a better outcome. Botti and Iyengar argue that the benefits of the provision of choice are limited to issues with manageable decision complexity. As decision complexity rises, the provision of choices, which were previously desirable and beneficial, becomes paralyzing and debilitating resulting in suboptimal decision making (Botti and Iyengar, 2012, P.2). Polygamous marriage Proponents of polygamy argue that a person wishing to marry an extra wife in a legal system that prohibits polygamy could contest that their right to marry was being infringed. However, this argument fails because the right to choice in marriage contained in the international law is subject to limitations set by national law. These limitations are lawful if they do not infringe on the rights of large groups of the population (Fried, 1978, P.7). For instance, in the case of Johnston and Others v Ireland (1986) the applicants argued that the prohibition against divorce imposed by the Ireland’s Constitution violated their right to marry. The European Court maintained that the right to marry should not be interpreted as a right to divorce in with the motive of remarrying, and thus it does not endorse polygamy. Therefore, monogamous systems that have ratified human rights treaties endorsing the right to marry cannot be forced to allow polygamy (Coote, 1992, P55). The other aspect of polygamy is discrimination on the grounds of sex since a system of law that permits men to marry many wives, but prohibits women from doing the same contravenes the provisions against discrimination on the basis of sex. The International Covenant recognizes that polygamy is an inadmissible discrimination against women as it violates their dignity and should be abolished in all parts of the world. The Committee on the Elimination of Discrimination Against Women (CEDAW) asserts that polygamy contravenes women’s rights to equality with men and can have serious emotional and financial consequences for the woman and her dependents. CEDAW further States that polygamy is incompatible with the integrity of women and should eliminated regardless of how deep it is rooted in tradition (Dean, 2006, P.68). Since all global and regional human rights conventions prohibit discrimination, then the principles of equality are part of the international customary law. Thus, it can be argued that polygamy infringes international customary law. Consequently, polygamy is a violation of the principles of equality which transcend personal choice as personal choices must not infringe the rights of others (Dean, 2006, P.68). Polygamy has been associated with child marriage since it drives down the age of marriage for females. This practice contravenes international human rights law. In addition, it creates a shortage of females available for marriage leading to male family members controlling female relations, and as a consequence such females might end up in forced marriage. The practice of forced marriage denies children the right to education and infringes on their right to protection from sexual exploitation ...Download file to see next pagesRead More
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