Gender Discrimination (30): The Politics of the Female Body

Exploitation can be beneficial to the exploited, human rights violations can be self-inflicted, and people can internalize stereotypes about them and behave accordingly.

Some examples. Take the case where A and B have unequal bargaining power. A sells bread in an isolated village where the people don’t have the means to produce their own bread. A overcharges for the bread because B doesn’t have the means or the strength to find another seller. The sale of bread makes B better off, because without bread he would be worse off. Yet A takes unfair advantage of the buyer’s condition. A exploits B, yet B is better off and can decide to accept his exploitation.

Examples of self-inflicted human rights violations are school drop-outs, the undeserving poor, contestants in privacy invading reality shows etc. – to the extent that these people’s actions are really voluntary and based on informed consent, they impose rights violations on themselves.

Stereotype threat means that the threat of stereotypes about your capacity to succeed at something negatively affects your capacity: when the belief that people like you (African-Americans, women, etc) are worse at a particular task than the comparison group (whites, men, etc) is made prominent, you perform worse at that task.

These three phenomena converge in the lives of many women in present-day western societies. Few of them are ruthlessly oppressed, few of their rights are grossly violated, and sexist stereotyping has become unfashionable. And yet, it’s arguably the case that many western women show signs of having internalized patriarchal power relations. It wouldn’t be correct to depict these women as unconscious victims who can’t choose for themselves – that would be just as bad as the sexist stereotypes of the past – but there are signs that some of them have been taught to participate in their own oppression and subordination.

How else could we explain the beauty ideal, women modifying their bodies, starving themselves, re-sculpturing their silhouettes and conforming in all possible ways to male expectations and prejudices? It’s like they have internalized the male gaze (in the sense given to that word by Jacques Lacan) and look at themselves the way many men do.

I don’t claim that this internalization of stereotypes is beneficial to women in the sense that some forms of exploitation are beneficial to the exploited, although in some cases that may be true – some women may reap some advantages from conforming to stereotypes. Neither do I claim that the internalization of stereotypes is self-inflicted in the sense of a voluntary act. In most cases we’re probably dealing with some form of indoctrination, and it’s fair to say that women and their bodies are still highly regulated, in a way that’s different from but not unlike the way it is in more traditional societies (for example in some Muslim societies). However, we shouldn’t exclude the possibility that some women do in fact voluntarily accept stereotypes. Again, the view that women are passive victims of indoctrination isn’t much better than or different from the view that women conform to more traditional stereotypes.

More on body politics is here. More on gender discrimination is here. And more on the Muslim headscarf is here.

Types of Human Rights Violations (6)

Let’s take an example of a fictional and very specific human rights violation: a Nigerian woman, let’s call her Joy, doesn’t have enough money to buy food and other necessities on a regular and predictable basis, for her and her family. And yes, poverty is a human rights violation, but if you insist you can easily rewrite this post with another example of a rights violation. Then you can also take another country. The choice of Nigeria is purely random, and nothing in this post is supposed to imply that certain rights violations are typical of Nigeria, or any other country for that matter.

Joy’s poverty can be a case of one or several types of rights violations. A first question we need to ask is whether we’re dealing with an act or a rule based rights violation. Joy’s predicament can be the result of her dominant husband, Emmanuel, who doesn’t allow her to work because he’s jealous and afraid that she may be unfaithful when given the occasion, but who also doesn’t bring home enough money himself. However, a more important cause of her poverty may be the predominant social and cultural rules against education and professional work for girls and women.

So we can try to understand whether rights violations are caused by the conduct and actions of individuals, groups, states etc. or rather by systems of rules and institutions in a society. Counterfactuals will be helpful: how would things have been different if someone had acted in another way or if some other rules had been in force?

In the case of act based violations we’ll also need to establish an agent’s intent, his ability to predict and to avert the consequences of his actions, the availability of alternative actions, the cost of alternative actions to the agent etc. It’s not Emmanuel’s intention to force Joy into poverty, but he can be expected to understand the consequences of his actions. There’s also an obvious alternative action available – let Joy work – which won’t impose a large cost on Emmanuel (most women are not unfaithful at work).

In the case of rule based violations as well we’ll need to see whether the rule’s consequences could have been predicted and averted, whether alternative rules are available, feasible, realistic and not too costly, and, if so, whether there is someone who can be held responsible for not implementing and enforcing those alternatives. If Joy’s poverty is the result of cultural rules against education and work for girls and women, then there are alternative rules available, but those may not be feasible in the short term given the cultural nature of the existing rules. However, we can perhaps point the finger at the government for not trying hard enough to impose an alternative rule such as compulsory education for girls or a law against gender discrimination in employment.

This leads us to the following point: both act based and rule based rights violations can be divided into two additional categories or types, call them active and passive types of rights violations. Rights violations may be caused by wrongful acts or by a failure to act. Or they may be caused by the wrong rules or by a failure to impose the right rules. Emmanuel can violate Joy’s rights by forcing her to stay home or by failing to help her find a job. Joy’s government can violate her rights by enforcing the cultural norms against education and work for girls and women, or by failing to enforce rules regarding compulsory education and employment discrimination.

As is clear from the last example, the rules in rule based rights violations can be either moral and cultural rules or legal and institutional rules (or both of course). And legal and institutional rules can be national or international. Joy’s poverty may be caused by national rules such as in the example above, but also by international legal rules such as those regarding trade restrictions (and even by national rules of other countries such as those restricting immigration).

Act based rights violations can of course also be national or international. If Joy’s government is corrupt and allows the country’s national resources to be expropriated by foreign companies that fill the pockets of government officials, then that will be the cause of her poverty.

In the case of national legal rule based violations, the cause of violations may be incidental or structural: the cause may be a single rule or a small set of specific rules (e.g. the enforcement of gender discrimination in education and work), but may also be a general failure of the rules in society. If Nigeria becomes a failed state, then that will be the cause of Joy’s poverty because it’s unlikely that an economy will flourish absent the rule of law and good governance – and if the economy won’t flourish, neither will Joy.

Other possible classifications of rights violations could differentiate between

  • vertical and horizontal violations: vertical violations being those inflicted on individuals by a government, international institutions etc.; horizontal violations being those inflicted by individuals or groups on each other (both vertical and horizontal violations can be either rule or act based, caused by wrongful acts/rules or a failure to act/rule, national or international, incidental or structural etc.)
  • zero sum violations, positive sum violations, or negative sum violations (Emmanuel or male citizens of Nigeria in general may profit from gender discrimination in the short run – zero sum – but may ultimately also suffer from it – negative sum – because gender discrimination reduces the pool of talent in a society)
  • inflicted or self-inflicted violations (Joy may only have herself to blame for her poverty)
  • current or transtemporal violations (Joy’s poverty may be the lingering effect of slavery)
  • etc.

Gender Discrimination (23): Reverse Gender Discrimination in Criminal Justice

Using data obtained from the United States Sentencing Commission’s records, we examine whether there exists any gender-based bias in criminal sentencing decisions. … Our results indicate that women receive more lenient sentences even after controlling for circumstances such as the severity of the offense and past criminal history. …

Studies of federal prison sentences consistently find unexplained racial and gender disparities in the length of sentence and in the probability of receiving jail time and departures from the Sentencing Guidelines. These disparities disfavor blacks, Hispanics, and men. A problem with interpreting these studies is that the source of the disparities remains unidentified. The gravest concern is that sentencing disparities are the result of prejudice, but other explanations have not been ruled out. For example, wealth and quality of legal counsel are poorly controlled for and are undoubtedly correlated with race. …

The findings regarding gender in the case of serious offenses are quite striking: the greater the proportion of female judges in a district, the lower the gender disparity for that district. I interpret this as evidence of a paternalistic bias among male judges that favors women. (source)

Lies, Damned Lies, and Statistics (32): The Questioner Matters

I’ve discussed the role of framing before: the way in which you ask questions in surveys influences the answers you get and therefore modifies the survey results. (See here and here for instance). It happens quite often that polling organizations or media inadvertently or even deliberately frame questions in a way that will seduce people to answer the question in a particular fashion. In fact you can almost frame questions in such a way that you get any answer you want.

However, the questioner may matter just as much as the question.

Consider this fascinating new study, based on surveys in Morocco, which found that the gender of the interviewer and how that interviewer was dressed had a big impact on how respondents answered questions about their views on social policy. …

[T]his paper asks whether and how two observable interviewer characteristics, gender and gendered religious dress (hijab), affect survey responses to gender and non-gender-related questions. [T]he study finds strong evidence of interviewer response effects for both gender-related items, as well as those related to support for democracy and personal religiosity … Interviewer gender and dress affected responses to survey questions pertaining to gender, including support for women in politics and the role of Shari’a in family law, and the effects sometimes depended on the gender of the respondent. For support for gender equality in the public sphere, both male and female respondents reported less progressive attitudes to female interviewers wearing hijab than to other interviewer groups. For support for international standards of gender equality in family law, male respondents reported more liberal views to female interviewers who do not wear hijab, while female respondents reported more liberal views to female respondents, irrespective of dress. (source, source)

Other data indicate that the effect occurs in the U.S. as well. This is potentially a bigger problem than the framing effect since questions are usually public and can be verified by users of the survey results, whereas the nature of the questioner is not known to the users.

There’s an overview of some other effects here. More on the headscarf is here. More posts in this series are here.

Religion and Human Rights (27): Muslim Headscarves – Between Religious Liberty and Gender Discrimination, Ctd.

Once more on the issue of Muslim headscarves, because the controversy doesn’t seem to be going away. Belgium, my home country, has the dubious honor of being the first western country outlawing the burqa. Other countries like France seem set to follow, or have already interpreted existing laws on masks or police checks creatively in order to impose fines on women wearing a veil. Forcing Muslim women to show their faces is no longer a fringe xenophobic fantasy.

First of all, and before you get upset that a human rights activist such as me doesn’t take a more outspoken position against the veil, let me stress that I do worry a lot about gender discrimination (as regular readers can attest). I do believe that the veil – especially the complete face and body veil such as the burqa or the niqab – is an expression of a culture in which equal rights for women are – to put it mildly – not a priority. That doesn’t mean that every woman who wears a veil does so because of coercion or discrimination, or because she doesn’t have a right not to. Some do, but others wear it voluntarily, although the degree of “voluntariness” is something that’s always difficult to establish given the subtle effects of social pressure, tradition and education that are often difficult to notice – even for the self. However, it can be argued that also those women who wear the veil in a truly voluntary way – if truly voluntary can be something real, which I hope – contribute to an ideology of female inferiority and make it harder for other women who would like to remove the veil to do so.

Moreover, there can be different motives for wearing the veil voluntarily. Women can believe that this is a requirement of their religion (the Quran only seems to require “modest dress”), and that disregard of such requirements amounts to sin. Or women can decide to wear the veil for strategic reasons. They may believe – correctly I think – that wearing the veil enhances their freedom, for example their freedom of movement. One can argue that this strategic use of the veil isn’t truly voluntary, but that doesn’t make it wrong. I’m personally open to the argument that a prohibition of the veil can result in de facto house arrest for some women: their husbands may decide to force them to stay at home if they aren’t allowed to wear the veil in public. Now you might say that one evil doesn’t excuse another, but there is something called a lesser evil (I’ve made a similar point about sweatshops not so long ago). If wearing the veil allows women to venture outside of the home that is undoubtedly a positive side effect of something that in general may be a moral negative.

What about the arguments in favor of prohibition? Some of them are very weak indeed. It’s not because the veil makes some people uncomfortable that it should be prohibited. It’s not difficult to imagine the horror of the place where everything that makes someone uncomfortable is outlawed. Security risks also aren’t a very strong reason for a general ban, since women can be required to lift their veil in specific circumstances. The argument that modern democracies should be “secular” and that this requires the banning of religious symbols in public is indefensible in view of the human right to freedom of religion.

Some claim that the ban on the burqa is just one of many existing and undisputed restrictions on how people can dress in public: people can’t walk naked in the streets; or wear stockings on their heads inside bank buildings etc. But this confuses types of dress that are not religiously inspired with types that are. Religion does receive special protection in the system of human rights, and this special protection should be recognized if human rights are to be respected. Conflating religious dress with dress in general does not allow you to fully respect human rights. That doesn’t mean that the burqa can’t be banned in specific circumstances where there’s a good reason to do so – in Court rooms, in schools etc. But these exceptions don’t justify banning it altogether. (The justification for a ban in Court rooms is obvious and doesn’t need spelling out. A ban in schools – for both teachers and pupils – is justified on the grounds of the need for adequate education. In addition, there’s a phenomenon of peer pressure in some schools, where girls who wear the veil force others to comply).

How about the argument based on gender equality? That seems a lot stronger at first sight. But isn’t it true that gender equality wouldn’t be advanced a whole lot by a burqa ban? (Maybe a ban would even be bad for gender equality, if it forces women to stay home). And isn’t it also true that other measures in favor of gender equality, such as better education, stricter laws and better enforcement on domestic violence etc., would prove much more effective?

There’s another argument in favor of a ban, and it’s a pretty strong one, although you hardly ever hear it. A democratic community requires a common citizenship and a public space in which people can deliberate freely on their preferred policies. If democracy was just an exercise in voting, it would be compatible with the veil. It would even be compatible with complete solipsism and individuals never meeting each other. But it’s more than that. The burqa and niqab are – to some extent – incompatible with deliberation. One could argue that this only justifies a partial ban, namely a ban in places where deliberation occurs, and when it occurs. Just like the partial ban in Court rooms is justified. The question is of course whether proponents of the veil can accommodate a partial ban. Perhaps their religious belief requires the veil in all circumstances. However, we are allowed to require some level of flexibility of them. Rights often come into conflict with one another (take for example the right to free speech of the journalist wishing to expose the private life of a politician). And that’s the case here: the right to democratic government and the right to religious liberty should be balanced against each other, and maybe the former should take precedence. After all, not everything is justified on the grounds of religious liberty: for example, no one in the West argues that mutilation as a punishment for crime is justified, not even when it is prescribed by a religion.

The Causes of Human Rights Violations (18): Stereotype Threat and Michel Foucault

There’s an interesting phenomenon called the stereotype threat, or, in other words, the threat of stereotypes about one’s capacity to succeed at something: when the belief that people like you (African-Americans, women, etc) are worse at a particular task than the comparison group (whites, men, etc) is made prominent, you perform worse at that task. (Some say that this is a type of confirmation bias, a tendency for people to prefer information that confirms their existing preconceptions – they selectively collect new evidence, interpret evidence in a biased way or selectively recall information from memory. But I’m not convinced).

A typical example of stereotype threat manifests itself when a categorical group is told or shown that their group’s performance is worse than other groups before giving them a test; the test results are often abnormally lower than for control groups. For example, on a mathematics test, if you remind a group of girls that boys tend to do better on this type of test, it is likely that the girls will do more poorly on the test than they would have had they not been told. (source)

Here’s another example:

[Irwin] Katz found that Blacks were able to score better on an IQ test, if the test was presented as a test of eye-hand coordination. Blacks also scored higher on an IQ test when they believed the test would be compared to that of other blacks. Katz concluded that his subjects were thoroughly aware of the judgment of intellectual inferiority held by many white Americans. With little expectation of overruling this judgment, their motivation was low, and so were their scores. (source)

Indeed, that could be one explanation of the stereotype threat. Or it could simply be that people score worse because they are anxious about confirming the stereotype, and that this anxiety provokes stress because of the will to do well and prove that the prejudice is wrong. Ironically, they score worse: this anxiety and stress makes them less able to perform at normal levels. Or it could be something more sinister: something like internalization of oppression. People who suffered prejudice for centuries can perhaps convince themselves of their group’s inferiority. When this inferiority is made explicit beforehand, they are reminded of it, and somehow their recollected feelings of inferiority tweak their performance.

So inferior test results – compared to control groups who haven’t been exposed to explicit stereotypes before the test – can be caused by

  • a lack of motivation to disprove entrenched and difficult to change prejudices
  • stress and anxiety, or
  • recollected feelings of inferiority.

Or perhaps something else I’m not thinking of at the moment.

Some say that this is all crap, and an extreme example of the file drawer effect or publication bias: those studies that find positive results are more likely to be published, the others stay in the file drawer. I don’t know. I do think it’s true that whatever the reality of the stereotype threat, talk about it can have perverse effects: differences in test scores are considered to be wholly explained by the threat, and real education discrimination or differences in economic opportunities are removed from the picture. In that way, the stereotype threat functions as a solidifier of prejudice and stereotype, quite the opposite of what was intended.

Assuming the threat is real, Michel Foucault comes to mind. Foucault wrote about power and the different ways it operates. Rather than just force or the threat of force, he found “an explosion of numerous and diverse techniques for achieving subjugation”. If you can convince people of their own inferiority you don’t have to do anything else. They will take themselves down. Or at least you may be able to convince people that it’s useless to struggle against prejudice because it’s so entrenched that you may as well adapt your behavior and confirm it. Also, Foucault’s claim that “power is everywhere” can be used here: power over people is even in their own minds. For Foucault,

power is not enforcement, but ways of making people by themselves behave in other ways than they else would have done. … Foucault claims belief systems gain momentum (and hence power) as more people come to accept the particular views associated with that belief system as common knowledge. Such belief systems define their figures of authority, such as medical doctors or priests in a church. Within such a belief system—or discourse—ideas crystallize as to what is right and what is wrong, what is normal and what is deviant. Within a particular belief system certain views, thoughts or actions become unthinkable. These ideas, being considered undeniable “truths”, come to define a particular way of seeing the world, and the particular way of life associated with such “truths” becomes normalized. (source)

The stereotype threat is a good example of a system that makes people behave in other ways, and of a belief system (based on prejudice) that becomes common knowledge, even among those targeted by the prejudice. Even they see it as unthinkable that their own inferiority is prejudice rather than knowledge.

Gender Discrimination (22): Gendercide

The Economist has a front page story this week on “gendercide”, the millions of girls missing in the world, especially in India and China. Perhaps as many as 100 million girls have disappeared in the last decades because of

  • selective abortions encouraged by new medical technology (ultrasounds and fertility technology)
  • childhood neglect of girls (nutritional, educational neglect and neglect in health care)
  • prejudice, preference for male offspring and
  • population policies such as the “one child policy” in China.

Interestingly, the skewed sex ratios that result from gendercide (in some areas of China, 130 boys are being born for every 100 girls) are coming back to haunt the men that are responsible (although many mothers probably aren’t without fault either). Because of their relative scarcity, women have found an unlikely source of power. They have a competitive advantage in the marriage market, and can demand more in marriage negotiations, or at least be more selective when choosing a mate.

Causes

In my view, the word “gendercide” is somewhat overwrought because, contrary to genocide, the word that inspired the neologism of gendercide, there’s no centralized plan to exterminate women. Femicide would be a better term since it’s obviously only one of two genders that’s targeted, but it still sounds like a government organized campaign of extermination. Gendercide is the result of a combination of causes:

  • individual choices based on
  • plain prejudice against girls
  • cultural and legal traditions, or
  • economic incentives that have been formed by historical prejudice.

Perhaps girls still need a dowry, and poor parents may find it difficult to save enough and hence prefer a boy. Or perhaps they prefer a boy because the law of their country or tribe – inspired by age-old prejudice – says that only boys can inherit land or the family business. Again, the parents may prefer a boy for this reason, not because they dislike girls. Or perhaps tradition holds that girls marry off into their husbands families, and parents simply want to be sure to have someone in their home to care for them when they are old (“raising a daughter is like watering your neighbor’s garden”, is a Hindu saying).

Consequences

The consequences of gendercide are mixed. It’s obviously horrible to the girls that are aborted or neglected to death. But, as in the “boomerang” case cited above, gendercide may ultimately empower women. However, the skewed sex ratios also spell trouble: the presence of armies of men who can’t find wives and have children (“bare branches” or “guanggun” they are called in China) may result in more sexual violence, depression, suicide, human trafficking etc. It’s estimated that in 10 years time, one in five young Chinese men won’t be able to find a bride. On the other hand, a shortage of women will encourage immigration, and immigration may help some women escape poverty, and perhaps will also result in more intercultural tolerance.

Solutions

Economic development won’t stop it. In China and India, the regions with the worst sex ratios are wealthy ones, with educated populations. Even in some population strata in the U.S. sex ratios are skewed. When people escape poverty, fertility rates drop, and when families have fewer children, the need to select for sex only becomes more important in order to realize their son preference. In poor societies with high fertility rates, families are almost destined to have a boy at some point. Female children will suffer relative neglect and may die more often and more rapidly (skewing the sex ratios), but selective abortions aren’t much of a risk: families don’t really feel the need to limit the number of children (on the contrary often, because children are a workforce), and ultrasound technology for sex determination of fetuses isn’t as readily available as in rich countries or regions. When families want few children – as they do in more developed regions – or are forced by the government to limit their number of children (as in China), they will abort female fetuses in pursuit of a son.

Ultimately, only a cultural change will help. The son preference has to die out. Education probably will help, as it always does. Ending pernicious policies such as the one child policy will also help, but then overpopulation hysterics will have to be dealt with. This policy didn’t help stop population growth anyway. Other East Asian countries reduced population pressure as much as China without brutal policies.

Old customs and discriminating laws should also be abolished. Think of the dowry system, or inheritance rights. Stigmatizing abortion, especially sex selective abortion, will also help.

Discrimination (2): Racial and Gender Discrimination in Adoption

Both straight and gay adoptive parents [in the U.S.] are likely to exhibit racial and sex-based biases when applying to adopt a child, a new study finds. … The authors found that girls are consistently preferred to boys. For non-African-American babies, for example, the probability that a prospective adoptive parent expresses interest in such a baby is 11.5 percent if the baby is a girl and 7.9 percent if the baby is a boy.

Interestingly, in many cultures the preference for biological children runs in the opposite direction, with parents strongly preferring boys instead of girls. The authors suggest that this preference for girls in cases of adoptive children may be because adoptive parents “fear dysfunctional social behavior in adopted children and perceive girls as ‘less risky’ than boys in that respect.”

Additionally, Caucasians and Hispanics are consistently preferred to African-Americans. The probability that a non-African-American baby will attract the interest of an adoptive parent is at least seven times as high as the corresponding probability for an African-American baby. The desire for white babies can be partly, but not fully, explained by the fact that most of the adoptive parents in this data set were white; previous research has found that adoptive parents often want children who look similar to themselves. …

In some ways, gay adoptive parents were more “selective”. Somewhat ironically (at least considering the continued social prejudice against their own family structures), same-sex couples and single women appeared to exhibit even stronger prejudice in favor of girls and against African-American babies than their opposite-sex couple counterparts. (source)

This paper finds that the cost of adopting a black baby needs to be $38,000 lower than the cost of a white baby, in order to make parents indifferent to race. Boys will need to cost $16,000 less than girls (source). The latter point seems to contradict the son preference for live births in many countries (leading even to gendercide).

Religion and Human Rights (23): Muslim Headscarves – Between Religious Liberty and Gender Discrimination

The Muslim headscarf is back in the news. First some schools in Belgium decided to ban the headscarves, and then the French government started a discussion about the Burqa. (We should be careful when discussing the “Muslim headscarf” because the concept covers a wide variety of garments, going from the simple veil covering only the hair, over the Niqab leaving only the eyes uncovered, to the Burqa covering the whole body and providing only a grid to see through).

I already expressed my doubts about such bans, and particularly about singling out Muslim women. Why not also Hasidic women wearing wigs, Christians wearing crosses, Sikhs wearing Turbans etc.? It just reeks of islamophobia. It’s true that the Muslim veil, compared to dress codes of other religions or cultures, and especially the less revealing types of veil, can be interpreted as signs of gender discrimination, and even causes of gender discrimination (because wearing a full-body veil inhibits the agency of women and makes them more vulnerable to patriarchal power). However, I fail to see how a simple ban of the veil will result in less discrimination. That would be just “kurieren am Symptomen”. Other, more effective measures are required against gender discrimination, and not only in Muslim society.

On the other hand, the Belgian schools justified their decision by pointing to the fact that many Muslim girls who don’t cover their heads are threatened and pressured by their more pious fellow girl students, as well as by their male Muslim fellow students. So there is a clear dilemma here: banning the scarf means restricting the free choice and the religious liberty of those girls who voluntarily choose to wear it; allowing the scarf means restricting the free choice of those girls not wanting to wear it and allowing the existence of signs and means of gender discrimination. The headscarf ban can be interpreted as either a violation of rights (religious liberty, freedom of choice) or a protection of rights (gender equality, freedom of choice).

There are also those who claim, perhaps not without reason, that young Muslim girls are really not ready to make an informed choice since they may have been indoctrinated from early childhood on. Creating an environment where they can meet girls who don’t cover their head will allow them to make an informed choice. And if such an environment means banning the veil in schools because peer pressure would result in the generalization of the veil, then so be it. The girls who want to wear the veil can still do it outside of school. (More on informed consent here).

The problem here is that it is assumed that girls can’t make an informed choice, and that those who wear the veil are ignorant and indoctrinated and need to be saved and re-educated. Such a view of girls as passive victims of their oppressive religion can itself be an expression of gender discrimination. And even if it’s not, it signals that women are inferior and hence helps to solidify what it intends to destroy.

Measuring Poverty (5): The Mystery of the Feminization of Poverty

Some have called it a baseless claim: 70% of the world’s poor are women. This is a number that seems to have come from nowhere yet it has taken on a life of its own. The reason is probably that it has some intuitive appeal. Theoretically, the claim that being female places someone at a greater risk of being poor is convincing. Gender discrimination – which is a deceptively neutral term meaning discrimination of one gender only – is a widespread problem and it’s highly probable that women who suffer discrimination are more likely to be poor and to remain poor. They

  • receive less education
  • receive lower wages
  • cannot freely choose their jobs in some countries
  • have less inheritance rights than men in some countries
  • perform the bulk of the household tasks making it relatively hard to accumulate income
  • are responsible for the household income (men are often culturally allowed to escape into leisure and get away from the burdens of poverty)
  • suffer disproportionately from some types of violence
  • and face very specific health risks related to procreation.

All these problems faced by women who suffer discrimination make it more likely that they are relatively more burdened by poverty, compared to men who usually don’t suffer these types of discrimination.

Moreover, when young women begin to enjoy better education and employment we often see that the discriminatory features of the family structures and patriarchal systems in which they live make fresh appeals to their newly found human capital. As a result, their improved capabilities only serve to push them more into poverty. Poverty, after all, isn’t merely a question of sufficient income and capabilities, but is also determined by the availability of choice, opportunities and leisure.

So it’s obvious that men and women are poor for different reasons, and that some of the reasons that make women poor make them relatively more poor compared to men.

This is the intuitive case, but it appears that it’s very difficult to back this up with hard numbers. The “70%” claim is unlikely to be correct, but if we agree that discrimination skews the distribution, then how much? And how much of it is compensated by factors that skew the distribution towards male poverty (e.g. male participation in wars). The problem is that poverty data are usually available only for households in aggregate and aren’t broken down by individuals, sex, age etc. So it’s currently impossible to say: “this household is poor, and the female parent/child is more poor than the male parent/child”. In addition, even in households that aren’t poor according to standard measures, the women inside these households may well be poor. Women is non-poor households may be unable to access the household’s income or wealth because of discrimination.

Given the problems of the current poverty measurement system, I think it’s utopian to expect improvements in the system that will allow us to adequately measure female poverty and test the hypothesis of the feminization of poverty.

The Causes of Human Rights Violations (16)

We usually distinguish between three different origins of human rights violations:

  • The state. States commit rights violations for different reasons. Rulers may believe that such violations are necessary in order to maintain power, undermine or destroy the opposition, and impose some world view or economic organization of society. Or they may think that some types of violations are necessary evils when faced with certain risks. For example, torture or indefinite detention can appear to be a reasonable price to pay in order to reduce the risk of terrorism. States can also violate human rights unintentionally: lawmakers can draft a legal system that unnecessarily encroaches on private freedom (e.g. the “nanny state”). And, finally, a state can violate rights, not – as in the previous cases – by doing something it shouldn’t do, but by failing to do what it should do: a state that doesn’t provide an efficient judiciary or police force will be unable to protect the rights of its citizens and will be an accessory to rights violations.
  • Selfishness. In the case of economic human rights – such as the right not to suffer poverty – it’s often greed, lack of compassion or generosity, or the absence of sufficient and adequate aid and intervention that causes rights violations. Selfishness can cause both individuals and states to violate rights. States, for example, can uphold international trade structure or protectionist legal systems that favor the local economy at the expense of relatively poor exporters elsewhere.
  • Culture. Some say that certain elements of cultures and religions lead to practices that violate human rights. And then usually we get a mention of Islam, Shari’a, muslim misogyny etc. Here as well, we see that both states and individuals can use culture as a reason to violate rights.

Regarding the last point, there’s an interesting paper here (or here) claiming that it’s not Islam but oil that causes gender discrimination in Muslim countries.

Oil production reduces the number of women in the labor force, which in turn reduces their political influence. As a result, oil-producing states are left with atypically strong patriarchal norms, laws, and political institutions. I support this argument with global data on oil production, female work patterns, and female political representation, and by comparing oil-rich Algeria to oil-poor Morocco and Tunisia. Michael Ross

Oil production and export crowd out other exports, and hence artificially restrict the manufacturing sector. Compared to oil production, manufacturing uses relatively large numbers of low wage workers, which is why manufacturing has always and everywhere been a booster for female labor participation. Female labor participation in turn has always and everywhere promoted female political representation and women’s rights. The paper shows that, in the Middle East, countries without much oil (like Morocco and Tunisia) do relatively well on gender equality, compared to oil-rich countries. The same is true when comparing oil-poor and oil-rich countries outside the Middle East.

If that’s correct, then it’s still cultural and religious practices and beliefs that cause gender discrimination, but these beliefs are themselves caused by or at least promoted by economic fundamentals. Sounds quite Marxian to me (which doesn’t mean it’s wrong!).

Papers looking into the cultural and religion causes of gender discrimination can be found here and here (thanks to the Monkey Cage for the pointer).

Types of Human Rights Violations (4): Boomerang Human Rights Violations

We usually see human rights violations are zero-sum: a rights violation is a harm inflicted by one person on another, for the benefit of the former. I mentioned before that this isn’t always the correct way of viewing rights violations, but it’s adequate in most cases. One case in which it’s only superficially adequate is what I would call the boomerang human rights violation: you think that violating someone’s rights may produce some benefit for you, and it does so initially, but the actual and final results mean that you become worse off. There’s the obvious and uninteresting example of the dictator using extreme oppression and causing revolt, but here are some other, more intriguing examples. The first one has to do with the right to work.

Gene Marks is … a small business owner (he sells customer relationship management tools), who is attempting to speak to other small business owners, all of whom, presumably, are also delighted that the potential hiring pool is so chock full of talent desperate to be exploited right now. But one wonders who exactly is supposed to purchase all those products and services from the small businesses of the world, if unemployment creeps up to the 10 percent mark or higher? High unemployment means low consumer demand. Which usually means small businesses end up going out of business, or at the very least, laying off more employees, who push the unemployment rate even higher. And so on. (source)

If, as a “capitalist” (i.e. employer), you want to take advantage of unemployment – or the risk of unemployment – to put downward pressure on wages and workers benefits – and thereby violate workers’ rights (a fair wage is a human right, as are favorable working conditions) – you’ll end up shooting yourself in the foot because neither hard working laborers who don’t earn a lot nor the unemployed will consume many of your products or services. I can see the appeal of the statement that generous unemployment benefits discourage people from finding a job, but such benefits do have advantages that go beyond the mere self-interest of the direct beneficiaries.

An ideal policy … would allow people to collect unemployment insurance indefinitely, and let the unemployed borrow or save money. This way, unemployment insurance would not merely be a financial band-aid letting people take risks on the job market and endure some jobless spells, but a critical source of “liquidity,” allowing the unemployed to keep spending reasonable amounts of money — which in turn helps create demand, something sorely lacking from the economy at the moment. (source)

And here’s another example, related to gender discrimination. In many countries, there’s a son preference: male offspring is considered more valuable than female offspring, for reasons to do with gender discrimination and social, cultural or religious views regarding the proper role of women in society. One of the consequences is the “missing girls” phenomenon. The sex ratios in many countries – India and China stand out – are out of balance. Some estimates say that 90 million women are “missing” worldwide. In somewhat overwrought rhetoric this is called gendercide. Girls are often aborted in selective abortions (a one child policy can make this even more widespread), and young girls are often prejudiced against when it comes to nutrition and health care resulting in higher mortality rates. The son preference and the missing girls phenomenon have their roots mainly in cultural beliefs, but economic considerations also play a role. Some professions are open only to men; girls marry “into” other families and hence can’t continue the family business; there’s the dowry problem etc. However, these economic considerations don’t stand on their own and are often the result of discriminatory cultural beliefs. When we accept that gender discrimination and the will to sustain patriarchy is the cause of the son preference and the missing girls phenomenon, then we are dealing with a human rights violation. And also this rights violation can come back to haunt those responsible for it.

A societal preference for boys here has become an unlikely source of power for Indian women. The abortion of female fetuses in favor of sons — an illegal but widespread practice — means there are more eligible bachelors than potential brides, allowing women and their parents to be more selective when arranging a match. (source)

Rather than cementing patriarchy, the son preference and the resulting unbalanced sex ratios give women more bargaining power. These and other boomerang rights violations are variants of what I’ve called self-inflicted rights violations: people violate other people’s rights, and in so doing they ultimately violate their own rights.

Gender Discrimination (21): The Politics of the Body

The politics of the body, or “body politics”, is a concept, originally used by early feminists I believe, to describe government policies or laws and cultural or social practices used by society to regulate and control the human body. Feminists focus on the female body but the case can be made that society controls both the female and the male body, obviously not always in the same way. The concept is also used to describe the opposite: the struggle against the social and political powers that try to control the body and the act of reclaiming bodily self-control, or corporal self-determination. Body politics has therefore a positive and a negative meaning: it’s both subordination and emancipation.

Corporal self-determination is obviously an important value. People should, in general, be able to do with their body what they want, free from interference by the state, by individuals or by groups in society.

Here are some examples of body politics:

Abortion

Whether or not you believe that abortion should be allowed, you have to accept that legal prohibition and moral dissuasion of abortion are examples of body politics. In both cases, women who want an abortion lose their power to decide autonomously what to do with their bodies; society imposes rules on what individuals are allowed to do with their bodies; and power – legal or moral – is used to enforce these rules. You may believe that these rules are necessary in order to protect an overriding value that trumps the value of self-determination, in this case probably the value of the life of the unborn infant, or perhaps even the right to self-determination of the unborn infant. But you can’t dispute that you engage in body politics.

Organ trade

Similarly, legislation or social taboos prohibiting the free trade of organs (see also here) impose restrictions on the things people can do with their bodies. However, the analogy with abortion isn’t perfect, because proponents of restrictions can arguably claim that the sale of organs isn’t an expression of self-determination but of the lack of it: it’s typically poor people who are driven to the extreme of organ sale as a means to stay alive, while the richer you are the easier it is to get an abortion. Organ sale is then not an expression of the freedom to do with your body what you like, without paternalistic interference, but an expression of necessity and lack of freedom. Whatever the merits of this argument, restrictions on organ trade are clearly an example of body politics.

Capital punishment, corporal punishment, imprisonment

The state uses power in order to enforce or enact criminal punishment, and this is often power directed against the body of the convicted criminal and eliminating the criminal’s corporal self-determination. There’s also the quasi-institutional practice of prison rape.

Sex trafficking and slavery, sexual violence, arranged marriages

Cultural norms regarding the acceptability of sexual violence (e.g. rape as a form of punishment and female genital mutilation), of arranged marriages (which can be labeled a form of sexual violence), of the sale of children or wives for the purpose of prostitution are also examples of body politics. The women and children in question obviously lose their corporal self-determination.

Gender discrimination

Gender discrimination, the inferior treatment of women, and the imposition of gender roles, whether legally sanctioned or not, are other examples, although with a twist. Gender discrimination can remove the power of corporal self-determination of the women who fall victim to it – e.g. in the case of gender discrimination as expressed in sexual violence or in rules restricting the freedom of movement of women. But it doesn’t have to. For example, gender discrimination in wages (the wage gap) doesn’t affect corporal self-determination.

The body politics inherent in gender discrimination is more evident in the origins of discrimination than in the results. Gender roles, which often result in gender discrimination, are based on certain convictions regarding the physical inferiority of women (e.g. their lack of physical strength), or on the belief that the female body is made for specific tasks, and is perhaps even better than the male body for these tasks.

Likewise, rules that discriminate against women and restrict the things they can do, are generally based on dubious theories regarding the nature of the female body. Women are said to promote carnal lust, and their equal participation in life would have disrupting and destructive consequences.

Homophobia

Similarly, legislation or social taboos against homosexual relationships remove corporal self-determination and are based on certain beliefs about the nature of the human body.

Clearly, this isn’t a complete list of all possible cases of body politics, but it can serve the purpose of illustration (other examples could include rules prohibiting interracial marriage, bestiality taboos, legislation against assisted suicide etc.). What is also clear is that every case isn’t equally detrimental for self-determination. Some cases can even be justifiable from a liberal perspective. Self-determination, after all, isn’t the only value, and neither is it a value that necessarily trumps other values.

The Compatibility of Freedom and Equality (8): Liberty = Freedom From the State + Freedom From Social Pressure + Equality of Opportunity

Libertarians traditionally adopt a negative kind of freedom, and, more precisely, limited negative freedom: they believe that individuals should be free from interference by the government. They seldom accept that individuals can be coerced by private and social constructs, such as tradition, the family, gender roles, cultural racism etc. Here’s a rather long but exceptionally well-written quote that makes this point:

I am disturbed by an inverse form of state worship I encounter among my fellow [libertarian] skeptics of government power. This is the belief that the only liberty worth caring about is liberty reclaimed from the state; that social pathologies such as patriarchy and nationalism are not the proper concerns of the individualist; that the fight for freedom stops where the reach of government ends. … [L]ibertarians for whom individualism is important cannot avoid discussions of culture, conformism, and social structure. Not every threat to liberty is backed by a government gun. … [W]hen a libertarian claims that his philosophy has no cultural content — has nothing to say, for instance, about society’s acceptance of gays and lesbians — he is engaging in a kind of cultural politics that welcomes the paternalism of the mob while balking at that of the state. …

To take a very basic example, at mid-century 5.5 percent of Americans entering medical school happened to have female bodies. This number may well have reflected women’s limited interest in pursuing medicine as a career. But that level of interest also reflected a particular view of women in positions of authority, a certain range of social spaces that girls could imagine themselves inhabiting. Norms that positioned women as wives and mothers obviously functioned as constraints on identity formation. None of this has much to do with limited government, but it has everything to do with individuals struggling to assert themselves against a collective. …

Libertarians will agree that laws requiring racial segregation and prohibiting victimless, though controversial, sexual practices are contrary to their creed. But if the constraints on freedom of association suddenly become social rather than bureaucratic [or legal] — if the neighborhood decides it does not want black residents, or the extended family decides it cannot tolerate gay sons — we do not experience a net expansion of freedom. Kerry Howley (source)

In other words, libertarians are stuck in the first part of the following equation:

Liberty = Freedom From the State + Freedom From Social Pressure + Equality of Opportunity

But there is also a tendency to go no further than the second part. Many accept that society can restrict the freedom of individuals, but don’t grant the same powers to inequality of opportunity. As I stated in two previous posts (here and here), it makes sense to view freedom more positively as the possession of resources and capabilities that are necessary to make a really free choice between alternatives and opportunities. The freedom of those without certain resources and capabilities (such as education, health and a basic income) is futile because they can’t exercise their freedom, not because they are actively interfered with by the state or by their social environment, but because they can’t choose between opportunities. Someone who’s left alone by her government, and who isn’t pressured by her family, tradition or society, may still lack freedom because she doesn’t have a basic income or education necessary to make choices and realize these choices. Amartya Sen has pioneered this view. Hence the importance of helping people to develop their capabilities, e.g. anti-poverty programs, investments in education and healthcare etc. Of course, it’s precisely such programs that often horrify libertarians…

All this is of course a gross simplification, but if you wanted to explain human political ideology to Martians, that’s probably how you could start:

  • Libertarians focus on freedom against the state; freedom against social pressure isn’t very interesting or at least not a priority; equalizing opportunities, resources and capabilities is harmful because it empowers the state and violates property rights.
  • Conservatives agree with libertarians on the first and last part of the equation, but preserve the right to use social pressure to impose their – often Christian – ideology (e.g. same-sex marriage), sometimes even with the help of the state (in which case the freedom from the state isn’t important anymore).
  • Liberals think all three parts of the equation are important but sometimes struggle to find the right balance. So-called “big spending liberals” may accept a large state apparatus.
  • Socialists focus on the last two parts, often at the expense of the first. State intervention is believed to be highly beneficial, without substantial risks to individual freedom.

Types of Human Rights Violations (3): Lighthouse Violations and Searchlight Violations

I think it may be helpful to distinguish two types of human rights violations. Or, to be more precise: two types of effects of human rights violations, because many violations will show characteristics of the two types. I’ll call the two types “lighthouse violations” and “searchlight violations”. To clarify these weird sounding names, I have an example.

In the UK, about 85.000 women were raped in 2006. In the US, during the same year, 92.455 rapes were reported. Real numbers are much higher, of course, because there are many unreported cases. In South Africa, one in four men admits to having raped someone. One in 8 more than once. Rape, as well as other types of violence against women (but not only women), is obviously a wide-spread social practice and not merely acts of sick individuals.

As with any case of widespread rights violations, one can understand this in two ways. One can believe that these violations are what I call lighthouse rights violations. In our example, the very fact that rape is a widespread phenomenon makes women aware of the dangers and forces them to adapt their behavior so that they limit the risks. (I talked about human rights and risk here). So the optimist view would be that there are certain automatic restrictions operating in order to limit the number of human rights violations.

The other, more pessimist view, would call widespread human rights violations searchlight violations. If we take the same example, the widespread occurrence of rape can give (certain) men the impression that the practice is normal and acceptable. As a result, the practice becomes even more widespread. Moreover, the practice not only benefits those men who actively engage in it, but men in general because it creates uneven gender relationships, female subjugation, inferiority complexes in women etc. Hence, also women who are not directly victimized by rape tend to be harmed by the practice. Rape shapes cultures, mentalities, gender roles etc.

This is of course a “glass half full or half empty” thing. Rape is both a lighthouse and a searchlight human rights violation. However, I think the more optimist view is probably more correct. If not, we would have to see ever increasing numbers of rights violations, which isn’t the case (at least that’s the intuitive conclusion; human rights measurement is still not a very sophisticated field of research).

Types of Human Rights Violations (2): Self-Inflicted Human Rights Violations

We usually think of human rights violations as a harm inflicted by one person on another, by the state on some of its citizens, by companies on citizens etc. And that’s indeed the natural way to think of them. But there is also something we can call self-inflicted human rights violations.

Self-inflicted human rights violations can be classified into different subgroups: involuntary self-inflicted human rights violations, voluntary ones, mixed cases or unclear cases, cases similar to risk taking, cases involving individual and their rights, and cases involving groups and the rights of their members.

Involuntary self-inflicted human rights violations

Some people make mistakes, or act in a self-destructive way or in a way that causes involuntary harm to themselves. For example, while poverty has many causes, some people are poor because of their own actions or omissions. Hence they violate their own right to a certain living standard (art. 25 of the Universal Declaration). Other people act in such a way that they make it very hard on themselves to find a job, violating their own right to work.

Voluntary self-inflicted human rights violations

Some people just decide to give up some of their rights voluntarily. They may decide that these rights are not important, or less important than something else, e.g. their religion or culture. Some examples: the participants in certain reality TV shows such as Big Brother, forfeiting their right to privacy; people choosing euthanasia or (assisted) suicide; people choosing to be unemployed etc. As long as these people don’t cause harm to anyone else, it’s difficult to see how one can disapprove of them. After all, it’s their life and their rights, so they alone can decide what to do with them.

Between voluntary and involuntary

It starts to become difficult when the involuntary masquerades as the voluntary. And there are indeed many cases that are mixed or where it’s not clear if we’re dealing with voluntary or involuntary self-inflicted rights violations. Take the school drop-out for example. At first sight, one can say that someone who decides not to finish school takes a voluntary decision to do so, and that we can’t label this an involuntary self-inflicted violation of the right to education. However, is such a choice really voluntary? Remember we’re often dealing with children in these cases. Voluntary means that there is a choice. And a choice implies knowledge of alternatives, as well as knowledge of the different consequences of different choices. Without these two types of knowledge, we can hardly say that there is a choice. This knowledge assumes that there has been education, and hence that we are dealing with an educated grown-up, not a teenage drop-out.

Another example: Muslim girls or women who voluntarily accept the restrictions imposed on their gender by their religion, hence violating their own right to equal treatment and non-discrimination. Again, no problem if it’s really voluntary. But is it? Didn’t their education and social environment condition them in believing that a certain interpretation of their religion is more important than their human rights? Possibly so.

Risk

I talked about risk and human rights before, albeit in another context. Risk is relevant here because it can lead to self-inflicted human rights violations. People who do not voluntarily violate their own rights, or who don’t make mistakes that cause violations of their own rights, may nevertheless act in such a way that they take a conscious risk that their actions will lead to violations of their own rights. Take the criminal for instance. He takes the risk that his actions will cause him to end up in prison, in which case he has violated his own right to free movement, and possibly other rights as well.

Such a risk is also on the borderline between voluntary and involuntary. If you take a risk, it has to do with risking certain consequences you want to avoid. You don’t want these consequences, so if they occur the situation can be said to be involuntary. On the other hand, the fact that you take the risk of these consequences occurring, indicates some level of acceptance of these consequences, but not full acceptance (otherwise it would be silly to speak about a “risk”). And acceptance equals voluntary. To take the same example: the convicted criminal did not enter prison voluntarily, but the fact that he took the risk of ending up in prison indicates that his predicament is to some extent voluntary. He could also not have taken the risk.

The rights of group members rather than individuals

There’s a difference between individuals giving up or violating their own rights, and groups doing the same for their members. Take the example of the Roma minorities in parts of Europe. Many of the Roma parents don’t register their children at birth. Without a birth certificate, it’s hard to receive benefits or access to schools. When girls reach the age of 14 or 15, they are taken out of school and they enter into arranged marriages. Such actions cause serious harm to children’s education, and are a major cause of the continuing poverty of many Roma communities.

Gender Discrimination (18): Missing Women and Gendercide in China and India

The word gendercide describes the results of sex-selective abortions that take place on a massive scale in some countries, particularly India and China. These abortions have led to the “disappearance” of perhaps more than 100 million girls and women (or about 1 million a year). Evidence of this can be found in the abnormal sex-ratios in both countries:

The sex ratio at birth was only 893 female births per 1,000 male births in China and India and 885 in South Korea (as compared to 980 for Kenya and South Africa and 952 for Cambodia and Mexico). … In India, the juvenile sex ratio (often defined as the sex ratio among children aged 0-6 years) has been falling … over the last 3-4 decades – from 964 females per 1,000 males in 1971 to 927 in 2001. … In China, too, the problem has become more acute over time. A study based on a survey of over 5 million children in China found that among children born between 1985 and 1989, there were 926 female births for 1,000 male births. But, among children born between 2000 and 2004, the number had fallen to 806. Thus, in both countries, the situation appears to be worsening. (source)

The main reason for these gendercides seems to be a strong cultural preference for male offspring. This makes it difficult to do something about it. Cultures change very slowly. Outlawing sex-selective abortions and prenatal ultrasounds doesn’t seem to work very well. It has been tried in both China and India, but the sex-ratios don’t seem to improve much.

It might seem that improving literacy and schooling among women might reduce the parental preference for sons. However, here, too, the evidence is not encouraging. There is disturbing evidence from India which points to a worsening of the juvenile sex ratio with increased female education and literacy. Why the perverse effect? A possible explanation has to do with the negative effect of female literacy on fertility. Educated women tend to have fewer children than less-educated women, and, in the context of a strong son-preference culture, the lower levels of fertility lead to greater pressure on couples to have boys instead of girls. This relationship between fertility decline and lower juvenile sex ratios has also been observed in South Korea and China. (source)

The only successful counter-measures are those that tackle gender discrimination at the root. There will no longer be parental preference for male children when man and women are considered equal human beings.

It is important to recognize that one (although not the only) reason for son preference is that, historically, inheritance laws in both countries have favored sons over daughters. While both countries now do not restrict women’s access to parental property, customary practices which consider sons the natural heirs of land are still prevalent in much of rural China and India. India only recently (in 2004) removed the discriminatory provisions of earlier legislation and allowed parents to bequeath their property to their daughters.

What is needed in both countries to combat the scourge of low juvenile sex ratios is a package of interventions that includes stricter enforcement of equal inheritance laws, economic incentives for parents to have daughters and educate them, and an educational curriculum at the primary and middle school levels that highlights the importance of equal treatment of boys and girls in the family. Even with such a package, it will take years for attitudes to change and for the practice of prenatal sex selection and neglect of the girl child to end. (source)

What is Democracy? (38): Equal Representation and the Share of Women in Parliament

In a representative democracy, one can reasonably expect to have a parliament that is roughly representative of the population in general: poor people should have their representatives or delegates just like rich people, women just like men, minorities just like majorities. This representativity or representativeness isn’t an absolute requirement. One can have a democracy without it. The people, after all, may decide that their views are best represented by an all-male, all-white body of parliamentarians for example.

However, it seems statistically unlikely that this would be their decision in each consecutive election in each democratic country. Imbalances in the demographics of parliament that persist over time and space are probably not the result of the choices of voters but of other factors, such as discrimination, unequal opportunities etc. If that’s the case, we are dealing with an imperfect democracy because democracy means equal influence and an equal chance to get elected (art. 21 of the Universal Declaration and art. 25 of the International Covenant on Civil and Political Rights).

And that is the case. Take the share of women in parliament for instance. In almost every major democracy of the world, election after election, women are a (tiny) minority in parliament. It’s very unlikely if not impossible that women are systematically less competent than men to serve in parliament, or that the voters sincerely, rationally and objectively believe this to be the case. There must be other, more deeply embedded psychological motives for such a choice, related to the generally inferior position of women in patriarchal societies.

Gender Discrimination (11): Honor Killings

The press has reported a number of honor killings in the United States, Canada, and Europe. These cases show the killings to be primarily a Muslim-on-Muslim crime…The victims are largely teenage daughters or young women. Wives are victims but to a lesser extent. And, unlike most Western domestic violence, honor killings are carefully planned. The perpetrator’s family may warn the victim repeatedly over a period of years that she will be killed if she dishonors her family by refusing to veil, rebuffing an arranged marriage, or becoming too Westernized. Most important, only honor killings involve multiple family members.

Fathers, mothers, brothers, male cousins, uncles, and sometimes even grandfathers commit the murder, but mothers and sisters may lobby for the killing. Some mothers collaborate in the murder in a hands-on way and may assist in the getaway. In some cases, taxi drivers, neighbors, and mosque members prevent the targeted woman from fleeing, report her whereabouts to her family, and subsequently conspire to thwart police investigations. Very old relatives or minors may be chosen to conduct the murder in order to limit jail time if caught.

Seldom is domestic violence celebrated, even by its perpetrators. In the West, wife batterers are ostracized. Here, there is an important difference in honor crimes. Muslims who commit or assist in the commission of honor killings view these killings as heroic and even view the murder as the fulfillment of a religious obligation. A Turkish study of prisoners found no social stigma attached to honor murderers.

The perpetrators may interpret the Qur’an and Islam incorrectly, either for malicious reasons or simply because they are ignorant of more tolerant Muslim exegesis or conflate local customs with religion.

Here, Muslim-American and Muslim-Canadian associations might play a role so long as they cease obfuscation and recognize the religious roots of the problem. Now is the time for sheikhs in the United States and Canada to state without qualification that killing daughters, sisters, wives, and cousins is against Islam. A number of feminist lawyers who work with battered women have credited pro-women sheikhs with helping them enormously. Sheikhs should publicly identify, condemn, and shame honor killers. Those sheikhs who resist doing so should be challenged. Phyllis Chesler (source)

Cultural Rights (12): Collective Rights

Groups, and in particular, minority groups are often attacked, oppressed and persecuted. They are considered to be groups that are separated from the rest of society and that are legitimate objects of targeted attacks such as racism, xenophobia, discrimination, exploitation or even genocide. These attacks are often collective attacks. Persons are discriminated against or killed, for no other reason than their membership of a particular group. Colored people are oppressed because they are colored people.

Some people believe that a collective problem requires a collective solution. A minority that is collectively oppressed claims a collective right to protection, a collective right not to be oppressed. Acts that are expressed in collectivist terms have to be countered by rights using the same terms.

The question is whether it is really necessary or even opportune to solve the collective problems of some groups by way of collective rights or group rights. I believe that the often genuine problems of different groups and minorities (but also majorities) can be solved by applying a number of individual rights, such as the right to equality before the law (a law has to be general and equal for everybody and cannot be directed against or cannot discriminate against certain persons or groups), the right to equal treatment and to equal rights, the right not to be discriminated against, the right to life (in the case of genocide) and religious liberty.

The problem of gender discrimination in a number of Islamic countries is an example of a collective problem that can be solved by applying individual rights. There is no reason to solve this collective problem by adding so-called women’eds rights or collective rights of women to the existing individual rights. Gender discrimination is not a violation of women’s rights. It is a violation of the human rights of women. The principles of equality and non-discrimination are sufficient to solve this problem.

Individual rights are sufficient in all cases, although I have to admit that protecting groups by way of individual rights ignores or neglects the nature of the problem. Only the right of a group (for example, a group of indigenous people) to equal treatment recognizes the existence of a certain kind of discrimination. The individual right to equality, even though it can stop group discrimination, ignores the nature of or the motivation behind the attack on the group, and does not distinguish between individual and group discrimination.

However, the advantage of countering a collective attack by way of an individual right is that the existence of individuals in the collectivity is thereby accentuated. The cause of a collective attack is precisely the belief that a group is a collectivity and a unity, in which the individuals do not count. By using his individual rights to protect a colored person against discrimination, racism or genocide, we accentuate his individuality. He is no longer “just another nigger”, someone belonging to a collectivity, which is a legitimate object of discrimination. Individual rights accentuate the individuality of the person claiming the right, and already hint that there is no reason for discrimination. Discrimination requires collectives and the absence of individuals.

Collective rights do the opposite. Recognizing collective rights can sanction the existence of collectives. It makes thinking in terms of collectives legitimate, it puts the different individualities in the background and it strengthens the opinions of those who oppose and persecute certain collectives.

Limiting Free Speech (5): Pornography

First of all, whatever we think of pornography, we should admit that it is a kind of speech, just as cross-burning, flag-burning, hate speech etc., and hence it is at least possible that it falls under the protection of the right to free speech. The U.S. Supreme Court has at different occasions decided that pornography should be protected under the First Amendment:

There are two types of pornography that receive no First Amendment protection ’97 obscenity and child pornography. The First Amendment generally protects pornography that does not fall into one of these two categories. (source)

Other jurisdictions have also protected pornography.

Violence IN pornography

The quote above already indicates that an overall protection of pornography widely defined is not acceptable and that certain limits on the freedom of speech of pornographers are possible. According to the rules set forth in the introductory post of this series a right can be limited if it violates other rights or the rights or others. This is obviously the case of any child pornography or pornography in which violence or force is used against the participants, such as certain kinds of extreme sadomasochistic porn.

Another reason why there can be force and violence in pornography is human trafficking. Many girls are forced to participate in porn movies because they are victims of human trafficking. They are modern slaves in the sex industry.

Violence BECAUSE OF pornography

There is still some discussion in the scientific community as to whether pornography, and especially hardcore and violent pornography, promotes sexual violence in society. This is not easy to establish because the interactions of mass media and human behavior are complex. If pornography promotes sexual violence, we have another justification for limiting its distribution.

The weight of evidence is accumulating that intensive exposure to soft-core pornography desensitises men’s attitude to rape, increases sexual callousness and shifts their preferences towards hard-core pornography. Similarly, the evidence is now strong that exposure to violent pornography increases men’s acceptance of rape myths and of violence against women. It also increases men’s tendencies to be aggressive towards women and is correlated with the reported incidence of rape. Many sex offenders claim they used pornography to stimulate themselves before committing their crimes. (source)

In Australia, the federal government has tended to relax its controls on pornography since 1970. Different states have, however, implemented these changes to varying extents and, as a result, have unwittingly conducted an interesting experiment on the effect of pornography. Queensland, the most conservative state, has maintained the strictest controls on pornography and has a comparatively low rate of rape reports. By contrast, South Australia, the most liberal state in relation to pornography, has seen escalating reports of rape since the early 1970s:

Businesses spend billions of dollars on advertising, in the belief that media can and do have an effect on human behaviour. We support and encourage the arts, in the belief that novels, films and such have the capacity to uplift and enhance human society; in other words, that the arts have a capacity to influence people. Yet we are expected to believe that the increasing tide of pornography does not affect attitudes to women. (source)

The image of women in pornography

One reason why porn can cause violence in society is the image of women that is created through pornography. In some porn, rape is explicitly legitimized, but in all kinds of porn women are depicted as constantly and immediately available for sex. We can assume that long term consumption of porn from an early age onwards, creates the opinion that it is not necessary for men to establish whether a female partner consents to having sex since porn tells them that such consent is automatic. In real life, of course, this is not the case and hence there will be rape.

Porn also objectifies women. It turns women into objects of sexual desire and sexual use. Objectification of women is of course not limited to pornography. Advertising also regularly uses women as means or tools or objects. The objectification of women means dehumanization. And there are more things you can do to a non-human than to a human. Objectification therefore can promote violence against women. To the extent that is does, we have another justification for restrictions on pornography.

Moreover, pornography shapes and reinforces a male-dominant view of sexuality and of gender relations. It’s not far-fetched to claim that pornography contributes to gender discrimination, machismo, sexism, paternalism etc.

All this is the case not only for violent porn but for porn in general and could therefore justify restrictions on non-violent porn.

Different kinds of restrictions

There are different kinds of pornography, different circumstances in which it is distributed, and different people respond differently to pornography. So restrictions on pornography may differ according to circumstances. People with a history of sexual violence are more obvious targets of a ban on the use of hardcore and violent porn than other people. Young people, for the reasons given above, may have more restrictions, including non-violent porn. Pornography in a library is not the same thing as pornography on the streets…

Soft porn or “artistic porn” should be treated differently. An all-out ban on all kinds of pornography would be just as unwise as an all-out protection. Many classic works of art would have to be forbidden if no pornography were allowed. We have to admit that porn can be art and art can be pornographic.

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.

Religion and Human Rights (7): What is Religious Liberty?

Religious liberty or the freedom of religion and belief is a human right. It is the right to be protected against coercion in matters of religion, to be free to practice and profess a religion of your choice, in private as well as in public, to change your religion, or to practice no religion at all.

Legal rules on religious freedom

Article 18 of the Universal Declaration of Human Rights states:

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

This right is closely linked to the right to free expression and the right to free association.

The First Amendment of the U.S. Constitution states:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

It protects the freedom of religion in the US. It’s made up of two parts. The Establishment Clause prohibits the government from passing laws that will establish an official religion or preferring one religion over another. The courts have interpreted the establishment clause to accomplish the separation of church and state and have held that the clause extends to the executive and judicial branches as well.

The Free Exercise Clause prohibits the government from interfering with a person’s practice of his or her religion.

Importance of religious freedom

Religious liberty is an important value because it protects religious diversity and plurality and hence counteracts religious persecution and coercion. It makes a monopoly of one religion impossible – except when culture and demography are such that there is a de facto monopoly which is not contested – and it guarantees the coexistence of different and publicly competing beliefs. In this way, it also guarantees publicity, debate and diversity in general. If there is publicity, debate and diversity on the level of religion, then why not on other levels? On top of that, religious liberty guarantees tolerance: if people can be tolerant – or are forced to be tolerant – in the field of religion, then they will probably be tolerant in other fields as well.

This shows that religious liberty can be of interest to non-religious persons, not only because it protects them from the imposition of a religious belief, but also because it allows them to live in a world of tolerance, publicity ad diversity. Religious liberty is therefore an integral part of a democratic society and a system of human rights.

Problems with religious freedom

However, there is a downside to the concept of religious liberty. Anyone can call their personal insanity a religion in order to try to get government protection. There is no easy answer to the question of what is or is not a religion in the proper sense of the word, but it is obvious that any belief or practice which is part of a religion or claimed to be part of a religion, and which provokes violations of human rights, should not be protected under the right to freedom of religion. Every human right is limited and has to be balanced with other rights.

Freedom of religion is no exception. In particular, the right to absence of discrimination, although closely connected to religious liberty (one should not be treated badly as a consequence of one’s religion), can be a problem if everything can be labeled a religion and if every imaginable theological ideology can enjoy an absolute level of protection granted by the freedom of religion. The equal rights of women should be balanced with the right to practice a religion which provokes discrimination of women. Limiting one right for the sake of another is a normal practice in the field of human rights. This is even more evident in the case of terrorism based on religion.

Separation of state and religion

Religious liberty implies that the state (but not only the state) should not interfere with the religion of its citizens, should not favor or discriminate a particular religion or religions, and should not attach benefits or penalties to any religious affiliation or lack thereof. Religious liberty therefore limits the power of the state and creates a difference between state and society by granting some measure of religious independence to society.

However, religious liberty not only means that the state should avoid interfering in religious matters. It also means that the state should be absolutely neutral as regards religion. There has to be a separation between state and religion (but not necessarily between politics and religion) in the sense that there can be no official state religion. The state should not link itself to a particular religion but should stand above the plurality of different religions. One and the same person cannot be both head of state and head of a church (or an important functionary of a church).

Without this kind of neutrality, certain religions as well as atheists and agnostics will be worse off compared to the adherents of the official religion, if they are allowed to exist at all. Religious liberty means religious equality and the equal treatment of all religions. This equal treatment is impossible if there is some kind of link between the state and a particular religion. If adherence to one religion brings more advantages than adherence to another – and this can be the case when the former is an official state religion or is in any way favored by the state – then there is no real religious liberty. The choice for one religion rather than another will not be a free choice. Even if non-official religions are not actively persecuted or discriminated against, they are worse off when there is no separation between the state and religion because they have less means to influence the public as the official state religion. They are not as free as the official religion.

Another reason why religious liberty implies the separation between state and religion is the need for an impartial judge to mediate between different religions. If different religions are allowed to exist together, we need a non-religious law which regulates their coexistence. It is very unlikely that people adhering to one religion will accept laws which are inspired by another religion. The fact that a religiously neutral state with its religiously neutral laws allows many different religions to exist and to coexist, makes it acceptable to many people. A state which only allows one religion or favors one religion, will only be accepted by the adherents of that particular religion.

The historical fact that religious communities tend to become more and more intertwined within the borders of states, will enhance the attractiveness of this kind of state. A democracy is by definition such a neutral state, because a democracy respects human rights. Once you respect human rights, you also respect religious liberty, and religious liberty leads to religious neutrality on the part of the state.

Just as the state is kept out of religion, religion is kept out of the state. The claims of religion are restricted. A particular religion cannot claim to be the religion of the country in order to take possession of the state or the law and thereby achieve more power than other religions and impose itself on individuals. The state, for its part, is not allowed to prohibit, persecute, discriminate or impose a religion, and it should also avoid using a religion as a means to enhance its authority, as a kind of transcendent confirmation. If you stand close to something glorious, you may hope that something of the glory shines on you as well. You may even hope to become godly, which, historically, has been an enormous advantage to states in pre-modern times. The representative of God on earth is godly as well, and he who is godly is eternal and escapes contestation, which is of course anti-democratic. It is equally unacceptable for a state to use certain religious texts to justify or enforce authoritarian measures.

Separating state and religion may cause some problems. It will for example make it more difficult to universalize human rights. Many cultures, for example Muslim cultures, see this separation not as an advantage but as a problem because religion – unified religion, not the freedom of religion – is still very important in their societies and is considered to be the foundation of politics.

However, state neutrality in religious matters does not imply that democratic politics is necessarily a-religious or atheistic. A democracy executes the will of the people and not the will of God, but if the people believe that their will equals the will of God, then this does not pose a problem as long as the religious rights of the minority are respected and as long as the religion of the majority does not acquire unjustified privileges and does not become the official state religion.

Separation of politics and religion?

This already indicates that the separation of state and religion is not identical to the separation of politics and religion. Religion does not have to remain silent when it comes to politics. It can be a source of inspiration for politicians and it can enhance ethical consciousness and behavior. Therefore, it should not be excluded from politics. It is important to make the distinction between politics and the state. The fact that freedom of religion and the separation of state and religion do not imply the separation of religion and politics can make it easier to impose religious liberty and state neutrality. Religious people obviously and justifiably fear the separation of religion and politics.

The religious neutrality of the state does not necessarily lead to a religious neutrality of politics. A religion is not allowed to infiltrate the institutions of the state, otherwise it would acquire more power than other religions and therefore destroy religious liberty (a choice for a religion is not free if one religion has more power of persuasion than another). But a religion is allowed to try to convince a majority, at least as long as it respects human rights and the liberty of other religions.

Discrimination (1)

Discrimination, in its non-political and non-legal sense, simply means the recognition of differences. In the political and legal sense, it means unjustifiable differences in treatment between groups of people, most often the unjustifiable denial of the equal enjoyment of human rights.

Groups of people are discriminated because they have certain group-specific attributes that set them apart from the rest of society and that warrant, in the eyes of the people who are discriminating, less favorable treatment. One can make the following distinctions:

  • Discrimination can come in different degrees, affecting large or small numbers of people to a large or small extent: from government policy to an unspoken mentality of a small part of the population, and everything in between (such as states not acting to counter discrimination, very active and outspoken discrimination in some parts of the community, entrenched cultural practices such as the caste system etc.).
  • It can be exercised in different ways. People may be discriminated on the grounds of their race, gender etc. They can be discriminated in relatively harmless ways (denial of a promotion because of a likely pregnancy for example) or very brutal ways (slavery, denying of equal education etc.). They can also be discriminated in many different fields of life: education, employment, justice, health care etc.

Some people have the misfortune of finding themselves in a state which has an overt and active policy of discrimination, and in different discriminated groups at the same time (black lesbians in Apartheid South-Africa for example). As a result, they may also be discriminated in different fields of life at the same time (employment, family law, education etc.).

There are many types of discrimination, and the concept of discrimination is often linked to others such as racism, agism, sexism, xenophobia, intolerance, religious fundamentalism, genocide, ethnic cleansing etc. Whereas all these phenomena undoubtedly have a dose of discrimination, they are not the necessary result of discrimination. Discrimination can be much more limited.

One can distinguish between types of discrimination according to the groups that are discriminated, and the ways in which these groups are discriminated.

Groups:

  • racial discrimination
  • gender discrimination
  • discrimination based on one’s sexual orientation
  • discrimination based on one’s language, culture or national origin
  • discrimination based on one’s religion or one’s status within a religion
  • discrimination based on one’s political convictions
  • age discrimination
  • health discrimination (e.g. discrimination of HIV patients, disabled persons or obese persons)
  • etc. (when it comes to cruelty, man’s imagination has no limits I’m afraid)

Ways:

  • economic discrimination (e.g. persistent differences in poverty levels between groups)
  • employment discrimination (e.g. discrimination in career opportunities, pay, “Berufsverbot” etc.)
  • housing discrimination
  • family law discrimination (e.g. the inability of homosexuals to marry or to adopt)
  • education discrimination, different levels or quality of education for different groups
  • discrimination of the access to public service or elected positions
  • judicial discrimination, discrimination in the justice system
  • health discrimination, different levels or quality of healthcare for different groups
  • cultural practices such as honor killings, female genital mutilation,…
  • legal discrimination such as Jim Crow or segregation
  • etc.

Causes of discrimination:

  • racism, sexism etc.
  • a history of discrimination, creating a burden on future generations
  • immigration
  • xenophobia
  • recession or economic scarcity
  • education
  • cultural practices (e.g. the caste system)
  • religious doctrine
  • legislation (e.g. the Jim Crow laws or other types of legally enforced discrimination)
  • etc.

Article 2 of the Universal Declaration prohibits discrimination:

“Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”

Although poverty has many causes, discrimination is undoubtedly one of them. Large differences in wealth between groups (for example racial groups) may indicate the existence of discrimination.

Statistics on the differences between races in incarceration or execution rates may indicate the existence of discrimination in the justice system, although these differences may have other causes besides discrimination, e.g. differences in poverty rates (see above), differences in levels of education etc. Of course, the latter differences may be caused by discrimination so that discrimination is indirectly the cause of the differences in the application of justice. Here again are some data on the situation in the US, showing that blacks, although they make up only 12% of the population, account for more than 1 in 3 of the prison population and of the executions. 5% of black men are in jail, compared to less than 1% of white men.

 

 

Blacks are also about twice as likely as whites to be a victim of a crime.

Gender Discrimination (3): Female Genital Mutilation

Female genital mutilation (FGM), or the practice involving the cutting away of one or more parts of the female genitalia (often the clitoris), violates girls’ and women’s human rights, denying them their physical integrity, their right to freedom from violence and discrimination and, in the most extreme cases, their right to life.

The sanitary conditions in which the practice takes place are often substandard leading to medical complications, infections and even death. It is often performed without anesthesia by untrained traditional midwives or laypersons with rudimentary health training, using knives, razor blades or even pieces of glass. Another consequence of FGM are the complications during future child delivery – impacting on women’s rights to a family life. Women who have undergone FGM are twice as likely to die during childbirth and are more likely to give birth to a stillborn child than other women.

The practice also stigmatizes girls and women and affects their feelings of self-esteem given that the justification for the practice is the supposed beneficial impact on female promiscuity. Girls and women are made to feel that without the practice, they would be immoral parts of society. Other justifications are tradition, religious requirements and cleanliness.

FGM is often called “female circumcision”, implying that it is similar to male circumcision. However, the degree of cutting is much more extensive, often impairing a woman’s sexual and reproductive functions.

The BBC estimates that FGM affects 100 million women and girls annually. UNICEF estimates that 70 million women and girls aged 15-49 in 27 countries of Africa and the Middle East have undergone the practice (most girls undergo FGM when they are between 7 and 10 years old). The fact that younger women are less likely to have experienced FGM shows that the practice is becoming slowly less common.

The practice occurs mainly in Africa, but can also be found in Oman, the United Arab Emirates, and Yemen, as well as in parts of India, Indonesia, and Malaysia. Western countries seem to import the practice as a consequence of migration. However, until the 1950s FGM was performed in the West as a common “treatment” for lesbianism, masturbation, hysteria, epilepsy etc.

Gender Discrimination (2): Types and Causes

The issue of women’s rights, not in the sense of special kinds of human rights reserved for women, but in the sense of the equal enjoyment by women of their general human rights, remains an important one. The Universal Declaration and the human rights treaties forbid discrimination on the grounds of gender. Article 2 states that “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind”. Article 7 states that

“All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination”.

This means that the anti-discrimination rule goes beyond discrimination in the application of human rights. If everyone is entitled to equal protection by the law, then it means that there can be no law which discriminates. Every law which offers unequal protection to men and women is a violation of the Universal Declaration, whether or not this law seeks to protect human rights.

In real life, women and girls continue to suffer from gender discrimination in all parts of the world. Here are some types of gender discrimination:

1. Discrimination in family law

Article 16 of the Universal Declaration is about the equality in marriage:

“Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. Marriage shall be entered into only with the free and full consent of the intending spouses”.

In many cultures, arranged or forced marriages are still very common, often resulting in sexual abuse. Women often do not have the same rights regarding divorce or inheritance. Polygamy is also a cause of discrimination.

2. Discrimination at work

Article 23 gives everyone, without any discrimination, the right to equal pay for equal work, but even in industrialized countries there is salary discrimination and there are promotion obstacles for women. In developing countries, this discrimination is even worse.

 

In some countries, the choice of work is restricted for women, de iure, but also de facto because of cultural mentalities or educational discrimination. Often women are not allowed to work at all and are confined to house keeping, which obviously limits their development opportunities.

3. Discrimination in education

The literacy rates and school enrollment rates for girls and women is often much lower than for boys and men. Girls are often forced to stay home and do the housekeeping, which in many countries is hard labor. In later life, when a girl is allowed to take a job, it will be a substandard one because of her low level of education. She will also be expected to continue to do the housekeeping.

4. Physical abuse

Because of the anatomy of their bodies and their relative physical weakness compared to men, women are often the victim of rape, female genital mutilation or other kinds of sexual abuses (such as the sex industry).

Some causes of gender discrimination

The causes vary widely and include:

  • Religious traditions and sacred texts. It seems that especially the Muslim religion contains many discriminatory injunctions, which moreover are often interpreted very literally.
  • Custom and culture. Culture shapes the way “things are done” and the thinking of people who believe that things should be done in a certain way. In many cultures we still witness male misogyny and machismo.

  • Education and upbringing. Mothers (but also fathers) often perpetuate involuntarily the inferior social position of their daughters by raising them according to traditional gender roles.
  • Law. The law often reinforces other causes of discrimination.

Different kinds of discrimination promote each other

In many countries, the birth of a boy is a reason to celebrate, whereas the birth of a girl is a disaster. Selective abortions of female fetuses and female infanticide are no exception, resulting in unnatural gender ratios. In some countries, such as China, the situation is made worse by government policy. In 1997, the World Health Organization declared, “more than 50 million women were estimated to be ‘missing’ in China because of the institutionalized killing and neglect of girls due to Beijing’s population control program.”

This negative attitude towards girls is not the simple result of male misogyny. The local law often stipulates that a son inherits his father’s property. Social and legal conditions may also make it easier for a man to get a job to help support the family. One kind of discrimination may therefore promote another.

The misgivings that are created by the birth of a girl are often caused by the dowry system. Dowry is goods and money a bride’s family has to pay to the husband’s family. Not only is it more difficult for a girl to bring in money into the family; when she marries she will become a financial burden. Sometimes, dowries represent years’ worth of wages.

Labeling girls as second rate from the moment they are born obviously creates feelings of low self-esteem, which will make it harder to break out of the vicious circle. When these girls grow up, they will inevitably transpose these feelings to their daughters and so on.

Another case in which one type of discrimination promotes another: women fall more frequently victim to sexual abuse than men. In some societies, the stigma attached to this kind of abuse often forces women to continue to endure their suffering. Moreover, family law can make it difficult for them to divorce their abusing husband. Even the mere fact of allowing the sexual abuse to be exposed can have harmful consequences for the woman in question. Exposure means dishonor for the family, which will then punish the victim. Some families even commit “honor killings” to salvage their reputation. In certain societies, all responsibility for sexual misconduct rests by definition with women.

A last example. A lower level of education results in a substandard job, which in turn results in poverty and dependence on men. This dependence will convince men of the inferiority of women. Women who lack education also lack the tools to improve their situation and combat discrimination.

A few facts

From the Canadian International Development Agency:

  • More than 80 percent of the world’s 35 million refugees are women and children;
  • More than 110 million of the world’s children, two-thirds of them girls, are not in school;
  • At least one in every three women is a survivor of some form of gender-based violence, frequently inflicted by a family member;
  • Women represent, on average, less than 10 percent of the seats in national parliaments; and
  • In sub-Saharan Africa, 58 percent of persons infected with HIV/AIDS are women.