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II: WOMEN AND HEALTH
This unique book analyses the impact of international human rights on the concept of gender, demonstrating that gender emerged in the medical study of sexuality and has a complex and broad meaning beyond the sex and gender binaries often assumed by human rights law. The book illustrates which dynamics within the field of human rights hinder the expansion of the concept of gender beyond binaries and which strategies and mechanisms allow and facilitate such an expansion.
Human rights law and the legal protection of women from violence are still fairly new concepts. As a result, substantial discrepancies exist between what is decided in the halls of the United Nations and what women experience on a daily basis in their communities. Human Rights and Gender Violence is an ambitious study that investigates the tensions between global law and local justice. As an observer of UN diplomatic negotiations as well as the workings of grassroots feminist organizations in several countries, Sally Engle Merry offers an insider's perspective on how human rights law holds authorities accountable for the protection of citizens even while reinforcing and expanding state power. Providing legal and anthropological perspectives, Merry contends that human rights law must be framed in local terms to be accepted and effective in altering existing social hierarchies. Gender violence in particular, she argues, is rooted in deep cultural and religious beliefs, so change is often vehemently resisted by the communities perpetrating the acts of aggression. A much-needed exploration of how local cultures appropriate and enact international human rights law, this book will be of enormous value to students of gender studies and anthropology alike.
This volume counters one-sided dominant discursive representations of gender in human rights and transitional justice, and women’s place in the transformations of neoliberal human rights, and contributes a more balanced examination of how transitional justice and human rights institutions, and political institutions impact the lives and experiences of women. Using a multidisciplinary approach, the contributors to this volume theorize and historicize the place of women’s rights (and gender), situating it within contemporary country-specific political, legal, socio-cultural and global contexts. Chapters examine the progress and challenges facing women (and women’s groups) in transitioning countries: from Peru to Argentina, from Kenya to Sierra Leone, and from Bosnia to Sri Lanka, in a variety of contexts, attending especially to the relationships between local and global forces
Gender and Human Rights in a Global, Mobile Era delves into feminist debates surrounding the relationship between gender and human rights through engaging feminist perspectives on the multifaceted issue of human trafficking. Building on analyses of domestic servitude, commercial sex, and labor trafficking by military contractors, and grounded in intersectional feminist cosmopolitanism and feminist theorizing on vulnerability, precarity, and ethical interdependence, Laura Hebert makes several interrelated contributions. As she explores how a feminist gender analysis illuminates the structures and norms enabling trafficking, Hebert simultaneously considers the future of feminist rights advocacy. Emphasizing the sociality of human rights, she encourages feminist scholars and activists to look beyond states as the duty-bearers of human rights and the assumption that human rights are made meaningful mainly through the establishment of legal rights at the national level. She challenges the idea that "feminism" can be reduced to advocacy on behalf of women’s rights. She also encourages critical reflection on how divisions associated with feminist politics have impeded opportunities for the building of feminist solidarities across differences aimed at the realization of the human rights of all. Strongly interdisciplinary, Gender and Human Rights in a Global, Mobile Era will be of interest to students and scholars throughout the social sciences and humanities.
The postcolonial states of Fiji, Papua New Guinea and Vanuatu operate today in a global arena in which human rights are widely accepted. As ratifiers of UN treaties such as the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child, these Pacific Island countries have committed to promoting women’s and girls’ rights, including the right to a life free of violence. Yet local, national and regional gender values are not always consistent with the principles of gender equality and women’s rights that undergird these globalising conventions. This volume critically interrogates the relation between gender violence and human rights as these three countries and their communities and citizens engage with, appropriate, modify and at times resist human rights principles and their implications for gender violence. Grounded in extensive anthropological, historical and legal research, the volume should prove a crucial resource for the many scholars, policymakers and activists who are concerned about the urgent and ubiquitous problem of gender violence in the western Pacific. ‘This is an important and timely collection that is central to the major and contentious issues in the contemporary Pacific of gender violence and human rights. It builds upon existing literature … but the contributors to this volume interrogate the connection between these two areas deeply and more critically … This book should and must reach a broad audience.’ — Jacqui Leckie, Associate Professor, Anthropology and Archaeology, University of Otago ‘The volume addresses the tensions between human and cultural, individual and collective rights, as played out in the domain of gender … Gender is a perfect lens for exploring these tensions because cultural rights are often claimed in defence of gender oppression and because women often have imposed upon them the burden of representing cultural traditions in attire, comportment, restraint or putatively cultural conservatism. And Melanesia is a perfect place to consider these gendered issues because of the long history of ethnocentric representations of the region, because of the extent to which these are played out between states and local cultures and because of the efforts of the vibrant women’s movements in the region to develop locally workable responses to the problems of gender violence in these communities.’ — Christine Dureau, Senior Lecturer, Anthropology, University of Auckland
Confronting Global Gender Justice contains a unique, interdisciplinary collection of essays that address some of the most complex and demanding challenges facing theorists, activists, analysts, and educators engaged in the tasks of defining and researching women’s rights as human rights and fighting to make these rights realities in women’s lives. With thematic sections on Complicating Discourses of Victimhood, Interrogating Practices of Representation, Mobilizing Strategies of Engagement, and Crossing Legal Landscapes, this volume offers both specific case studies and more general theoretical interventions. Contributors examine and assess current understandings of gender justice, and offer new paradigms and strategies for dealing with the complexities of gender and human rights as they arise across local and international contexts. In addition, it offers a particularly timely assessment of the effectiveness and limits of international rights instruments, governmental and nongovernmental organization activities, grassroots and customary practices, and narrative and photographic representations. This book is a valuable resource for both undergraduate and graduate students in fields such as Gender or Women’s Studies, Human Rights, Cultural Studies, Anthropology, and Sociology, as well as researchers and professionals working in related areas.
This book provides a comprehensive introduction to the broad spectrum of human rights issues and violations as they are experienced by women and sexual minorities across civil, political, social, economic, and/or cultural domains, in different regions, countries, and contexts. It offers cogent summaries of concepts, debates, and trends vital to understanding the field and informing practice to advance the human rights of women. The book looks into such issues as: persistent discrimination in political and economic life; gender-based violence in public and private spheres; obstacles to reproductive and maternal human rights; threats to women human rights defenders; discrimination and violence against LGBT people; violations of women's human rights in conflict situations; and the nexus between sustainable development goals, climate change, and the human rights of women. It also addresses human rights violations in the name of culture or religion, and the challenges in realising the human rights of girls. Finally, the volume showcases effective strategies to advance the human rights of women in the form of national remedial measures and through engagement with international and regional human rights bodies and mechanisms.
Human rights are axiomatic with liberal freedom. Yet more rights for women, sexual and religious minorities, has had disempowering and exclusionary effects. Revisiting campaigns for same-sex marriage, violence against women, and Islamic veil bans, Gender, Alterity and Human Rights lays bare how human rights emerge as a project of containment and unfreedom rather than meaningful freedom. Kapur provocatively argues that the futurity of human rights rests in turning away from liberal freedom ­and towards non-liberal registers of freedom.