Feminist Thought
Feminist Critiques of Liberalism
Catherine MacKinnon’s Are Women Human?


Liberalism in International Law

Recall the Feminist Critique of Liberalism



Consider the following questions as guides to our reading of MacKinnon:

How have the norms of Liberalism become enshrined in the international system?

Is Liberalism as expressed in the international legal system different from Liberalism as expressed in the US system?

In what ways is Liberalism as it is currently being inscribed into the international system improving the status of women?

In what ways might Liberalism be preventing the enhancement of women’s status or even reducing it?

 

MacKinnon, Catherine.  2006.  Are Women Human?   And Other International Dialogues.  Cambridge:  Belknap Press of Harvard University Press.

 

Grows out of her work representing women in international courts, e.g. Bosnian and Croatian women raped in Serbian rape camps

 

Introduction:  Women’s Status, Men’s States

Women Rights as Human Rights?

What has made this means of addressing women’s subordination possible?

 1.  Changes in international system during second half of 20th Century, especially the creation of International Institutions

 2.  Human Rights Revolution

 3.  Rising Importance of Nongovernmental Organizations (NGOs)

 

Explication of these three points:

1.  Changes in international system during second half of 20th Century, especially the creation of International Institutions

United Nations , 24 October 1945
Council of Europe- 5 May 1949 by Treaty of London
European Union- predecessor organization the ECSC dates to 1951 Treaty of Paris

International Criminal Court, The Hague, established in 2002

2. Human Rights Revolution

impossible without #1?

Universal Declaration of Human Rights 1948

Convention on the Rights of the Child 1989

Convention on Torture 1987

International Covenant on Civil and Political Rights (ICCPR) 1966

Convention on the Elimination of all forms of Racial Discrimination (CERD) 1965

Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) 1979 

3. NGOS

 a. the manifestation of “grassroots civil society”

 b. important actors in international relations

 c. as representatives of women’s interests

Why are NGOs particularly important or even NECESSARY in representing women’s interests??

  hint: recall her critque of the state

 

 “(S)ince states too often do not represent women, whether by acts or failures to act within the sphere of their power and authority, women facing unresponsive official mechanisms, doctrines, and authorities have reached, often through their own NGOs, to hold the law in their own hands, seeking perpetrator accountability directly to them through civil legal means” (2)

 

the MASCULINIZED STATE is superior, i.e., has power over, FEMINIZED CIVIL SOCIETY (5)

The state as the institutionalization of male view point:

 “The state, an apex form in which the power of men is organized both among men and over women while purporting to institutionalize peace and justice, has been revealed as an institution of male dominance (cite) its behavior and norms partial and gendered (3)

“Masculinity observably marks what men want and have and touch and make and do in social space, political institutions included.  If the state is a male institution not only demographically but socially and politically—its structures and actions driven by an ideology predicated on an epistemic angle of vision with concomitant values, attitudes, and behaviors based on the status location of the male sex in society, members of which (with variations) occupy a superior position in the gender hierarchy, resulting in a sexual politics….(3-4)

 
Note the continuation of this quote raises important question about the international system

     …is the international system a counterbalance? (4)

    ‘…or is it metamale?” (4)

 

Other characteristics of the male state (found in Toward a Feminist Theory of the State):

       Distinguishes public from private
       Naturalizes dominance as difference
       Hides coercion behind consent
       Obscures sexual politics behind morality

She continues pg 3 quote:


 

Women and Human Rights
Ma
cKinnon argues that women have essentially been left behind by the human rights revolution

Why?

Jurisdiction

    What is it?

    Related to concept of sovereignty

     i.e.,the sovereign government of a territory  has exclusive jurisdiction
      over legal disputes

    states may cede this element of their sovereignty to other jurisdiction,
    e.g., the ICC

    link to idea of private sphere
    sphere where men are like sovereign and state has no reach (e.g. marital rape,     incest)

 

    “Male structural privacy is the principle
that animates the geography of both
male power and international justice. 
It rules the world” (6)

 

 

Who has jurisdiction over human rights claims?

States vs. International/supranational institutions

Criminal vs. civil legal system

Whose rights are adjudicated under the human rights frame?

    Only those who are fully human

MacKinnon argues that women are in the process of becoming human

    Has this happened to other groups?  Give examples

    Why is the rights frame problematic for conceptualizing violations against women?

    Specifically, who has traditionally been held to possess rights?

    Can a group have rights?

    Can you think of examples of groups that possess (or who have been denied) rights     on the basis of their group identity?

    If each person can be said to have individual rights, why are group rights necessary?

 

MacKinnon on group rights and women:

         To be adequate to these women’s violations, human rights law needed to come to         
terms with the fact that group identifications make up much of the content of the human, making group-based injuries central to the denial of humanity, with sex and ethnically based harms at the core of, rather than peripheral to, human rights (2).

 

On civil proceedings vs. criminal:

 "To enhance the accountability of international processes to such survivors, civil proceedings have been favored (note cite) as have civil remedies---not because perpetrators should not be incarcerated, but because social change and reparation are more effective relief and deterrence than is punishment alone” (2)

 

Comments

       Why civil – because there is often no real way to prosecute criminally

       Lack of extradition, jurisdiction

       Russia example in Johnson’s work “privatizing pain”  because criminal,
        i.e, PUBLIC, system is broken
        not capable of or interesting punishing perpetrators

       US example
        Nicole Simpson’s family suit against OJ

 

 

More on gender in the international system:

 

“Is gender a transnational force---both from the top down, ensuring male dominance, and with women’s emergence as a global force, from the bottom up, challenging that dominance – that has long been largely overlooked? (4)

 

ON THE PUBLIC/PRIVATE DISTINTION AS THE DELINEATOR BETWEEN “GENERATIONS” OR TYPES OF RIGHTS

 1st generation rights– political and civil
      covers the realm of what is defined as public
      where men need protection from other men


2nd generation rights– economic and social rights
      where women usually deprived along with many men
      more private (e.g. market)
      social not political (e.g. European social rights)
      public intervention here more contested
 

3rd generation rights– group or collective rights
    definitivey social, quintessentially private
    therefore, the least guaranteed

 
MacKinnon argues from a woman’s standpoint the priority of these rights could be reversed

 i.e., need to have group rights guaranteed before they can secure their economic/social rights

 
and their economic/social rights in order to act on their political/civil rights


Women as a global group

    No woman will be free until all women will are equal (13).

    Really, she’s talking about relations, relative power disparity between
    “first world” woman and “third world” women

 

    As women become more equal to men in the first world, men seek out
    less equal women in other places (sex tourism),
    from other places (mail order brides)

 

    i.e. women who are more dehumanized, disenfranchised

 

    this could also be true in class terms within a society

    Bourgeois women granted some rights,
    men seek out more disenfranchised women (working class, underclass)

 

***The Silver Lining of Globalization?:  The Decline of the State

 Feature of globalization

“Global consciousness of women’s right to human status, beginning with intimate inviolability, is exploding across the potent artifice of states’ barriers, erupting through the fissures of state subordination, and rising from the ashes of states’ collapse” (14)

 Simply put,

STATE POWER decreases  WOMAN POWER increases

    Is this true?  Likely?  Do you agree?

    What about her idea of the international system as “metamale’?

     Why should we put more faith in a globalized legal system (or economic one for that matter) than in a national one?

   

International standards of sex equality

1)    the sameness/difference model

 CEDAW

 Limits women to what men need

      e.g. what to do with sex specific needs of women such as pregnancy and sex specific/sexual violence?  No male corollaries

 
Vs.

2) a substantive model of equality

 
As in the Inter-american Convention on th Prevention, Punishment and Eradication of Violence Against Women (Convention of Belem do
Para)

Which “recognizes violence against women as ‘a manifestiation of the historically unequal power relations between women and men’ as a distinctive human rights violation ‘based on gender, which causes death or physical, sexual or psychological harm or suffering to women, whether in the public or the private sphere’” (8)

 Grants right to women to be free from violence in both spheres and the right to “simple and prompt recourse to a competent court for protection against acts that violate her rights (9)

    Also includes right “to be valued and educated free from stereotyped patterns     of behavior and social and cultural practices based on concepts of inferiority or     subordination (9).

 
And the “African Protocol” which recognizes women’s right :

    “to live in a positive cultural context”
    to peace
    and to sustainable development