The Ethics of Human Rights (94): Spheres of Life

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I was never happy with some of the traditional distinctions in political theory such as state-church, state-society, etc. (The same is true for some traditional equations such as public and state). Don’t get me wrong, I think these two distinctions in particular are very important, but they tend to become simplistic in political discussions.

That is why I would like to propose a new model, which contains the distinctions, but also makes the different spheres overlap. Moreover, it includes an important distinction which is seldom made but very useful when discussing the problem of religious politics in a society which at the same time values religion in politics AND wants to hold on to the separation of church and state: namely the distinction between politics and the state. This distinction also makes it possible to accept a high level of citizen engagement in politics (direct democracy for instance) without abandoning the important distinction between state and society (some argue that direct democracy leads to a blurring of this distinction, and hence leads to an infiltration of the state in society, with totalitarianism as a result).

My model is stylized as a figure composed of squares and numbers. The squares represent the spheres of human life. I identify 7 overlapping or encompassing spheres: private and public life, personal and family life, social life, political life, and the state.

The numbers in the figure represent types of human activities: feelings, thoughts, judgments, relationships and actions.

The model is prescriptive, not descriptive: it pretends to describe an ideal situation, not actual human life. I understand that reality is too complicated to be forced into a simple drawing, but simplifications are often useful.

The gray area in the figure represents the scope of legitimate legislation, again ideally speaking. The whole of the state’s activity should be legislated. No state activity should take place outside of the law. This is the concept of the rule of law. All other parts of life can be partially regulated by law, apart from the purely personal, the activities which do not regard other people and which can never inflict harm on other people (for example thoughts, convictions, suicide, euthanasia etc.). This is John Stuart Mill ‘s Harm Principle.

Some examples of the different types of human activity, linked to the numbers in the figure above:

  1. Feelings of loneliness
  2. Marital infidelity or adultery (in some countries, the grey area would extend to this); Raising children in the family, but not the task of educating children, because education is that part of raising children, which is a public activity (education is the transmission of public knowledge) and is part of number 8
  3. Certain socially determined or guided moral convictions about family life, for example the division of labor in the family (some feminists or egalitarians demand government intervention and regulation in order to establish a more equal division, and according to them the grey area should extend to this)
  4. Certain socially determined or guided moral convictions unrelated to family life, for example convictions about the permissibility of suicide
  5. Gardening
  6. Child abuse
  7. Violence within the family, caused by patriarchy
  8. A sports club
  9. A cultural society, a church, certain political convictions
  10. A school (the government has a right and a duty to regulate education to some extent, hence it is in the grey area)
  11. Political participation outside government institutions, for example electing representatives, voting in a referendum, membership of and activity in a political party, participation in political demonstrations, in pressure groups, in lobbying etc.
  12. Political participation within government institutions, for example participation in local government meetings, in a jury, being an elected representative in parliament
  13. Espionage. Espionage is obviously not a public activity, but it is nevertheless part of public life, because in a democracy, espionage must become public, after the fact. It is a secret activity, not because it should never be known to the public, but because it involves acts that require secrecy, in order to be successful and effective. However, this requirement loses its force a certain time after the performance of the acts, which is why these secret acts can become public after a while.
  14. Administration, government bureaucracy

Religion and Human Rights (9): Honor Killings

An honor killing is a murder, carried out by a family to punish a female family member who has supposedly brought dishonor on the family. The acts which are the cause of dishonor can be

  • refusing an arranged marriage
  • being the victim of a sexual assault or rape
  • seeking a divorce, even from an abusive husband
  • committing adultery or fornication
  • pre-marital sex
  • flirting
  • etc.

Men can also be targeted by honor killings, but more rarely (for example in the case of homosexuality).

Causes

  • The practice is mostly associated with Muslim cultures (sometimes in minority Muslim groups in the West), although there is no support for the act in Islam. And it does occur in other cultures as well. In India, more than 5.000 brides are killed annually because their marriage dowries are considered insufficient. (However, one can argue that honor is not the main motivation in such cases). It also occurred in some Latin cultures (“crime of passion” is often still a “mitigating circumstance”). In Muslim countries, the practice is seen by some as a justified enforcement of religious rules, and therefore not strictly a matter of honor. This is corroborated by the fact that sometimes the killings are perpetrated against women by individuals who are not close relatives, but who claim enforcement of religious rules as their motive. In Iraq, for example, honor killings are conducted by armed insurgent groups on politically active women and those who did not follow a strict dress code, and women who are perceived as human rights defenders.
  • There is a strong correlation between honor killings and illiteracy rates.
  • Men often use honor killings to assert their dominant patriarchal status. Women in the family may support the practice in order to preserve the honor of other female family members and to preserve their chances of getting married in the community. It’s a kind of purge or purification.
  • Some claim that the practice goes back to ancient motivations based on anxieties about reproductive power. Women, who were considered by the tribe to be a factory for making men, were forced through “honor” killings to obey the man’s family planning and not to reproduce outside of the tribe or the extended family.
  • In a society where marriages are arranged by fathers and money is exchanged, a woman’s desire to choose her own husband is a financial problem, one which can be “translated” in terms of honor.

Consequences

Apart from the obvious consequences (death or lifelong disability), the practice of honor killings also forces women to stay in abusive marriages or to avoid reporting rape. If the women are killed, they are buried in unmarked graves and the community denies that they ever existed. And if they don’t die, the chances of receiving justice are minimal as many governments fail to prosecute the crime. And even when there is a trial, it’s the woman’s behavior that becomes the focus, not the defendant’s. As a result, the women sink deeper into shame and often don’t take the trouble of reporting the crime.

Numbers

Because the murders frequently go unreported and the perpetrators unpunished, it is difficult to get precise numbers on the phenomenon. Estimates range between hundreds and thousands of women each year. In Pakistan, it is estimated that every day at least three women are victims of the practice.

What can be done?

Some say that the backwardness of the tribes where most killings take place makes it very difficult to do anything. However, education can work. The fact that the Koran does not prescribe the practice should be explained and taught. Honor killings are just one instance of gender discrimination and education should focus on women’s rights and the equality of women. Where the practice is linked to arranged marriages and dowries, one should first tackle these problems.

The judiciary and the police should be forced to intervene. Penal codes should be modernized, and the economic dependence of women should be dealt with.

Related phenomena

Related phenomena are acid attacks (instead of killing women, acid is poured on them) and honor suicides. People can be forced by their community or by their feeling of guilt to kill themselves. Relatives thereby avoid penalties for murder.