Feminist Theory and Activism - Essay Example

Feminist Theory and Activism Feminist Theory and Activism: Their Effects on the Public and Private Spheres of international Human Rights Law by Terrance Jones Feminist Theory and Activism 2 The development of human rights law is often, if controversially, described in terms of "generations" 1: the "first" generation of rights covers civil and political rights, still regarded by many Western commentators as the paradigm against which all newer claims of rights must be measured (indeed some assert that civil and political rights are the only possible form of international human rights); the "second" generation of rights means economic, social, and cultural rights; and the "third," most recently defined, generation encompasses group or peoples' rights. (Charlesworth, "What are Women's International Human Rights" Page 58) If Hilary Charlesworth is correct in her assessment, women's right issues are still secondary to civil and political rights. Any and all scenarios where women's rights issues must be reconciled against civil and political rights are disrespectful of the women's struggle to become a major contributor to modern society. The issue of women's rights in reality is at least comparable to the importance of civil and political rights that should be afforded to all human beings. Charlesworth clearly points out that there is a significant imbalance concerning the manner in which international human rights are defined and implemented in the public and private sphere. Feminist Theory and Activism 3 Until there is meaningful discussion as to the way international human rights articulates its concern for the protection of women's rights, women in divergent regions across the globe will continue to suffer from abuse and oppressive doctrine in non-progressive nation-states. These factors can lead to societal deterioration and reversion to the mistakes of the past that has plagued nations while preventing their ascension into the modern era of nations who are benefiting from a culture of inclusion, tolerance, and societal interaction with one another. These are the building blocks for success at home and abroad amongst respectable members of the international community. These members of the international community must also play a more active role in developing legislation that is more demanding of societies that have a history of abuse and oppression. Also, there must be an honest and frank discussion of the problems that have prevented the acceptance of women in all societies across the globe in order to find the solutions to these problems, as the lives of countless millions of women hang in the balance. Feminist Theory and Activism 4 A major effect of the gender nature of the public/private split is that human rights violations of women that occur between "private" individuals have been made invisible and deemed to be beyond the purview of the state. It is particularly important to note that gender is a significant factor in the decisions of governments to intervene in the so-called private sphere to prosecute human rights violations. For example, many activities that take place in the private sphere, such as murder between siblings or the systematic enslavement African peoples in the Americas, are subject to government censure internationally. (Center for Women's Global Leadership, Women's Human Rights: An Introduction) The above quotes clearly points to disparity in the concern for and protection of the rights of men and women. The disparity factors clearly favor men over women. The suggestion that gender appreciation of one over another is a predictive factor for government intervention is neglect and abuse in and of itself. This fact facilitates a negative force projection factor for any and all abusive acts towards women. Also, there is a strong case that Feminist Theory and Activism 5 can be made for the fact that it is this selective inclination towards enforcing the laws that were meant to protect women as well as men that is a major cause for manipulation and the adept sidestepping of international human rights laws. This is surely the cause for oppression and abuse of women on a region and global specific level. It is occurrences like this that set societies back decades concerning their ability to duplicate the inclusive, cosmopolitan nature of successful democratic nations. This example is also indicative of how a covert schism exists between the public and private spheres of international human rights laws. This schism benefits from the gender disparity that favors men over women in addition to facilitating a psychological diasporic identity (cultural dispersion from women in other countries concerning women's rights) amongst the oppressed women in societies spanning the globe. This diasporic identity is psychological in nature and can be defined as a person's longing for an expected and or viewed reality that they feel belongs to them and should be their current reality mentally and physically. Also, this diasporic identity has the oppressed women longing to experience the reality that is suggested through the articulated logic of the current international human rights law Feminist Theory and Activism 6 concerning the protection of women's rights. The fact that there are some woman benefiting from the proper implementation of international human rights laws only increases the exertive effects of the abusive environment experienced by millions of these oppressed women. Note the following quote: However, governments overlook much of what happens to women at the hands of men and male family members, for example domestic violence or confinement, even when there are laws against such abuse. Thus, abuses done to women in the name of family, religion, and culture have been hidden by the sanctity of the so-called private sphere, and perpetrators of such human rights violations have enjoyed immunity from accountability for their actions. (Center for Women's Global Leadership, Women's Human Rights: An Introduction) As you can see, the private sphere of international human rights law has the potential to ruin generations of women for years to come in addition to the generations that have already been ruined for decades. This negative Feminist Theory and Activism 7 cycle of abuse has contributed heavily to the societal dysfunction of nations as well, as any nation that has this level of systematic abuse, clearly has more abusive elements and parameters that are peripherally attached to thismorally deficient mindset. This cycle of systematic abuse that gives the private sphere cover and deniability factors concerning its systematic complicity, must be systematically purged of its negative and facilitative properties concerning the abuse that occurs within its infrastructure. The government must also remove its selective inclinations towards its oversight responsibilities in order to bring a more balanced and efficient execution of international human rights law in regards to the public and private spheres. Feminist Theory and Activism has been successful in closing the gap between the public and private spheres of international human rights law, however, there is much more work to be done in that respect. Women are being subjected to subordinate roles that in significant cases around the Feminist Theory and Activism 8 world, would be categorized as subhuman. The fact that women's human rights have not been merged with civil and political rights in order to form a legislative order/ doctrine that attempts to be all encompassing in scope and divergent intentions concerning human rights abuses, is shameful to say the least. This lack of a clear, concise and unified doctrine is what keeps women oppressed by the compartmentalization properties of the private sphere delegation. The following quote documentation was once considered to embody that type of unified doctrine with respect to women's human rights issues: The Universal Declaration of Human Rights adopted by the United Nations General Assembly in 1948 outlines what is considered in this century to be the fundamental consensus on the human rights of all people in relation to such matters as security of person, slavery, torture, protection of the law, freedom of movement & speech, religion, and assembly, and rights to social security, work, health, education, culture, & citizenship. It clearly stipulates that these human rights apply to all equally "without distinction of any kind such as race, color, sex, language... or other status." (Center for Women's Global Leadership, Women's Human Rights: An Introduction) Feminist Theory and Activism 9 This document proved to be easily manipulated by those who would enforce its suggested and apparent statutes. Many decades have passed since this declaration was made without any significant clarifications as to its inclusiveness and clear intentions to protect and enforce women's rights. These changes would only require minimal alterations in language to upgrade the standing of women all over the world; however, in the year 2006, we are basically still at the same phase and stage that is ambiguously stated in the noted document of 1948. The ambiguity continues to facilitate a division between the private and public spheres of international human rights laws that make large groups of women from all over the world a permanent societal underclass. This separation has been encouraged and facilitated by a public sphere of international human rights law that is limited in its enforcement parameters concerning women's human rights issues. Women's rights groups have been fighting against this type of oppression for decades. They have achieved much in that time, but they have not been able to motivate essential governing body officials to display any significant form of Feminist Theory and Activism 10 professional reciprocity in regards to the cause of women's rights issues. The failure of clarity concerning the oversight responsibilities of the government towards infractions against women's rights in the private sphere, has led to unspeakable atrocities against women all over the world. In a modern age that has benefited tremendously and significantly from the participation and accomplishments of women, the continued failure to compose a clear declaration that will publicly address the need for women's rights to be protected in the public and private spheres of international human rights law will dramatically and negatively affect the continuity and diplomatic standing of nations that are the worst purveyors and proliferators of suppression and abuse towards the rights of women. These obstacles have been the cause of many battles waged by women's groups over the years. A significant amount of effort has gone into trying to change laws that work against the inclusion of women as a primary topic of discussion when human rights violations are Feminist Theory and Activism 11 mentioned. Women have mobilized and pooled their resources in order to present a united front in the fight for women's rights. The target of these battles has and will always be the issue of closing the gap between the private and public spheres of international human rights law. It has been an uphill battle for women's groups, as they have had to fight a system that was founded on the view that women were to play a subordinate role in society. Those who shared these viewpoints only saw what was in front of them instead of what could be achieved through a culture of inclusiveness and reciprocity concerning professional and personal decorum that would clearly improve the way women were treated in the private and public spheres of international human rights law. Women's groups are determined to change the mindset of those who think this way. In fact, there are several instances of bright spots and success at strategic points of intervention concerning the fight for the rights of women. Note the following quote: During the United Nations Decade for Women (1976-1985), women from many geographical, racial, religious, cultural, and class backgrounds took up organizing to improve the status of women. The United Nations-sponsored Feminist Theory and Activism 12 women's conferences, which took place in Mexico City in 1975, Copenhagen in 1980, and Nairobi in 1985, were convened to evaluate the status of women and to formulate strategies for women's advancement. These conferences were critical venues at which women came together, debated their differences and discovered their commonalties, and gradually began learning to bridge differences to create a global movement. (Center for Women's Global Leadership, Women's Human Rights: An Introduction) The success of these women's groups at strategic points in the history of their fight for women's rights, laid the foundation for the quality of life that many women now enjoy in certain regions in the world. Rights that were unheard of are now a reality in strategic areas of the world. This encourages the women's groups to continue their fight and motivates others to join and or support the interest of women's right issues. These issues demand that the disparity between the private and public spheres of Feminist Theory and Activism 13 international human rights laws be altered to reflect a new era of inclusiveness and societal tolerance of women in the private and public sphere of international human rights law. The welfare of certain nations may well depend on this type of initiative, as women have proven that they can, have and will affect yesterday, today and tomorrow's world. Women are not going to be discouraged at this point in history. However, the world will not be able to benefit from the diverse variables that women bring to the table if the international human rights laws remain ambiguous and subject to manipulation by those with ill intentions. These types of people are self serving and selfish in their motives and clearly, do not have the best interests of society on their minds. Women's groups must remain organized and prepared to remain constant in their attempts to change the course of history concerning modern society's willingness to display tolerance towards women in all facets of society. The focus should be on competency and their ability to perform their duties. The upside to this type of initiative is limitless in its appeal and benefits. Feminist Theory and Activism 14 "Also noting that the Universal Declaration of Human Rights proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, including distinction based on sex." (United Nations, Treaty Series, vol. 2131, No. A-20378) While this declaration suggests that the human rights of women as well as men would now be realized by an increased focus on human rights issues, the ambiguous language is indicative of a failure to commit to a firm policy of protection of the human rights of women. The Optional Protocol to the Convention on the Elimination of all Forms of Discrimination does set a precedent by specifically mentioning a woman's right to be protected from discrimination of all forms, but in no way does it go far enough in mentioning how the rights of women will be efficiently protected. The divisions between the public and private spheres of international human rights has clearly proved the necessity for a more clear policy articulated Feminist Theory and Activism 15 through strong language that is intolerant of the abusive tendencies exhibited in the private sphere of international human rights. Due to these factors, this declaration committee would have been better served by honesty in admitting what has not worked and the reasons why pertaining to the past system that has been unable to prevent a huge disparity gap between the public and private sphere of international human rights law. This has caused women to suffer abuse due to countless atrocities perpetrated against them in diverse regions across the globe. This refusal to recognize past failures in order to increase confidence is expressed through their articulation of the articles concerning the new preventive and post occurrence human rights definitions and measures. It is extremely hard to envision any scenario where these new measures can be successful without acknowledging the systematic causation factors that facilitated the human rights abuses in the deniable private sphere of international human rights. Feminist Theory and Activism 16 How is the term 'women's international human rights' to be understood At one level it can be taken to refer simply to those international instruments that deal specifically with women. Most of them are elaborations of the norm of formal nondiscrimination, providing that, in particular or general contexts, women should be treated the same as men. While this development in international law has been valuable, it has not been adequate to address the subordination of women worldwide. (Charlesworth, "What are Women's International Human Rights" Page 58) Many questions pertaining to the public and private spheres of international human rights have been posed by women's rights groups for decades. The answers to these questions have failed to motivate the government to increase its focus on the disparity that facilitates the infractions against women's rights issues. This disparity appears to operate exclusively and undeterred in the private sphere of international human rights law. Women's groups have gained critical ground over the years in their efforts to reduce the gap between gender preferences that dictates the government's decision to exercise its oversight responsibilities. However, Feminist Theory and Activism 17 much work is left undone. As women become more organized, it is essential that they remain mindful of the millions of women who still suffer in oppressive regimes across the globe. These women are desperately waiting for an opportunity to realize the freedoms and rights that women in other nations currently enjoy. The governing bodies that are in a position to institute change by clarifying the intentions and powers of international human rights laws, must do their part as well to ensure that the remarkable contributions that women have made to societies in diverse regions across the globe are rewarded with the equal rights they deserve in addition to facilitating an environment where dysfunctional regimes are forced to bring their societies into the modern era of societal interaction and inclusiveness. This type of initiative and thinking will increase goodwill within and amongst nations. Women have been desperately seeking such a societal breakthrough. When this becomes a reality, the opportunities for women and all members of society will be limitless. Feminist Theory and Activism 18 Endnotes 1. See Charlesworth 58, as generational focus was a topic that yielded useful information that led to landmark advancements in human rights issues for women. 2. See Center for Women's Global Leadership, Women's Human Rights: An Introduction (one page internet source) as the public/private split facilitated an underclass environment that lacked transparency regarding human rights infractions against women. (http://www.cwgl.rutgers.edu/globalcenter/publications/liberty.html Feminist Theory and Activism 19 References Alston, P., Steiner, H.J. 1996, International Human Rights in Context: Law, Politics, Morals: Text and Materials 887-967 Clarendon Press, Oxford. Americas Watch, 1991, Criminal Injustice: Violence Against Women in Brazil. Human Rights Watch, New York Amnesty International, 1995, Human Rights are Women's Righs. Amnesty International. New York. Center for Women's Global Leadership, 2006, 'Women's Human Rights: An Introduction, (Online) http://www.cwgl.rutgers.edu/globalcenter/whr.html Charlesworth, H. 2000, 'The Boundaries of International Law, Manchester University Press, UK, Manchester Charlesworth, H. 1994, 'What are Women's International Human Rights' in 'Human Rights of Women: National and International Perspective' ed. Rebecca Cook Feminist Theory and Activism 20 Charvet, J. 1982, 'Feminism', MacMillan Press, London Coomaraswamy, R. 1997, 'Reinventing international law: women's rights as human rights in the international community', Harvard Law School, Cambridge, Massachusetts. Freeman, M. A., 1999, 'International Institutions and Gendered Justice' 52 Journal of International Affairs 513-532 (No. 2, 199). Holt, R. 1991, Women's Rights and International Law: The Struggle for Recognition and Enforcement, Columbia Journal of Gender and Law117-142. Moser, C. 1993, Gender Planning and Development: Theory, Practice and Training. Routledge, London. Romany, C. 1994, 'State Responsibility Goes Private: A Feminist Critique of the Public/Private Distinction in International Human Rights' in 'Human Rights of Women: National and International Perspective Shiva, V. 1989, 'Staying Alive:Women, Ecology, and Development. Zed books, London. United Nations High Commissioner for Refugees, 1995, Sexual Violence Against Refugees: Guidelines on Prevention and Response. UNHCR, Geneva Read More