Human Rights and Gender

2. Human Rights and Gender GENERAL THOUGHTS ON FEMENIST THEORY

3. Gender and Feminism (1) British journalist Rebecca West famously said: "Feminism is the radical notion that women are people." In other words, feminism is a commitment to achieving the equality of the sexes. This radical notion is not exclusive to women: Men, while benefiting from being the dominant sex, also have a stake in overcoming the restrictive roles that deprive them of full humanity.

4. FEMINISM (1) Do we women need particular theory to address our problems and subordination in society? Do we require a particular methodology or a particular system of thinking Or what we need is a vision meaning the complete awareness of where do we stand today, right now, which is the self-centre vision and where do we want to go which is the universal one.

5. Feminism(2) • A self-consciously critical stance toward the existing order • with respect to the various ways it affects different women • "as women” • A political choice about one's positions on a variety of • contestable social issues. • “Feminism is not a 'natural' experience but a controversial • political interpretation and struggle, by no means universal, • to women."

6. FEMINISM (3) To say that feminism is a new school of thoughts that actually started to be known after and as a result of the incorporation of women to law faculties, is wrong. Just for pedagogical matters WE divide the feminist movement quite distinctly into three phases better known as WAVES.

7. The “Waves” First Wave: 1860’s and lasted to the 1920’s (suffragists/workers) Second Wave: began in the late 1960’s and continues to the present day (bourgeois feminism) Third Wave:Postmodern or third wave of feminism

8. The Liberal Model (1th Wave) Classic formulation in Mary Wollstonecraft’s “A Vindication of the Rights of Women”, in John Stuart Mill’s “The Subjection of Women,” and in the nineteenth-century women’s suffrage movement. Its main thrust, is that female subordination is rooted in a set of customary and legal constraints that blocks women’s entrance to and success in the so-called public world.

9. The Liberal Equality Model (second stage) This model focuses on ensuring that women are afforded genuine equality—as opposed to the nominal equality often given them in the traditional liberal framework—and seeks to achieve this either by way of a more thorough application of liberal values to women’s experiences or the revision of liberal categories to take women’s rights into account

10. The Dominance Model The dominance model rejects liberal feminism and views the legal system as a mechanism for the perpetuation of male dominance. It also consider the potential for law to act as an instrument for domination In the account of dominance, sexuality is central to the dominance. Women's sexuality is socially constructed by male dominance and the sexual domination of women by men is a primary source of the general social subordination of women.

11. (2) Several Positions Radical Feminists • Target male psychology or biology as the source • of women's oppression. • The most extreme form of radical feminism is • “separatism” • Advocating a total break with men.

12. (2) Androgyny Feminists • Stress the pleasures of sex (be it heterosexual, • lesbian, or autoerotic), and view as unalloyed • blessings for women not only the old reproduction- • controlling technologies but also the new • reproduction-assisting technologies.

13. (2) Radical-libertarian Feminism • If, to their own detriment, men are required to • exhibit masculine characteristics only, and if, to • their own detriment, women are required to exhibit • feminine characteristics only, then the solution to • this harmful state of affairs is to permit all human • beings to be androgynous—to exhibit a full range • of masculine and feminine qualities.

14. (2) Reformist Feminism • Sustains that women’s inequality can be eliminated • through legislative or electoral reforms without the • need to alter the capitalist system itself.

15. Radical-cultural Feminisms (2) • Low value that patriarchy assigns to feminine • qualities such as “gentleness, modesty, humility, • supportiveness, empathy, compassionateness, • Tenderness” • If society can learn to value “feminine” traits as • much as “masculine” traits, women’s oppression • will be a bad memory.

16. (2) Marxist Feminism or Materialist Feminism • Marxist and socialist feminists claim it is impossible for anyone, • especially women, to achieve true freedom in a class-based society, • where the wealth produced by the powerless many ends up in the hands • of the powerful few. • Traces the oppression of women to inequalities developed in connection • with the class system and the establishment private property. • Called for multi-issue organizing strategies, independent from • capitalist political parties, prioritizing needs of the most oppressed • women

17. (2) Socialist Feminism • Socialist feminists agree with Marxist feminists that capitalism • is the source of women’s oppression, and with radical feminists that • patriarchy is the source of women’s oppression. • Therefore, the way to end women’s oppression, in socialist feminists’ • estimation, is to kill the two-headed beast of capitalist patriarchy or • patriarchal capitalism

18. The Postmodern or Anti-essentialist Model • Have deconstructed the notions of objectivity and • neutrality, claiming that every perspective is socially • situated (experiences from middle class women) • Explore the ways in which race, class, sexual orientation, • and other axes of subordination interplay with women’s • rights and genderand to uncover the implicit, detrimental • assumptions that have often been employed in feminist • theory

19. Meeting Point • International Law and Human Rights Law • must be the best field to pierce differences • and engage Feminist Theory

20. Miriam Estrada-Castillo Professor miriam.estrada@rwi.lu.se The previous slides are excerpts from Dr Miriam Estrada-Castillo New Book “ Gender and Human Rights : Brief analysis of its Principles, Concepts, and Theories from the International Legal Perspective” Kindly quote if copied.