Linköping University | Department of Management and Engineering Master’s thesis, 30 credits | Master of Science in International and European Relations Spring 2020 | ISRN-number: LIU-IEI-FIL-A--20/03492--SE
“Equality, Development and Peace for All Women Everywhere”? – An Analysis of Sexual Violence Against Women and Concurring International Conventions Concerned with Protecting the Rights of Women
by Annika Sophie Müller
Supervisor: Charlotte Fridolfsson Examiner: Khalid Khayati
Linköping University SE-581 83 Linköping, Sweden +46 013 28 10 00, www.liu.se Copyright
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I. Abstract
Violence against women continues to be an issue that severely impacts women worldwide.
Since the global spread of the #MeToo movement in 2017, debates regarding this issue significantly increased. Yet the precise ways in which women are impacted by violence, heavily influenced by their unique and diverse aspects of identity, are often disregarded. By focusing on two of these aspects of identity, namely gender and nationality, and comparing the circumstances of sexual violence against women in Germany, Nigeria, and South Korea, this thesis aims to showcase the diverse experiences of ‘being a woman’ and what this implies regarding the issue of sexual violence against women. With an additional analysis of four important international conventions aimed at ameliorating women’s lives (UDHR, CEDAW,
DEVAW, and BPfA) regarding their acknowledgement of this diversity and guided by three theories, namely Multi-Ethnic Feminism, Feminist Postcolonialism, and Intersectionality, this thesis highlights the necessity of including everyone and their unique experiences with all kinds of discrimination to adequately tackle an issue such as sexual violence against women.
Keywords: Feminist Theory, Multi-Ethnic Feminist Theory, Postcolonial Theory, Feminist Postcolonial Theory, Intersectionality, Violence Against Women, Sexual Violence, CEDAW, UDHR, DEVAW, BPfA, Germany, South Korea, Nigeria, International Conventions, Women’s Rights, Thematic Analysis, Problem-Solution Discourse, ‘What is the Problem Represented to Be’ Approach, WPR Approach, ‘Motifs, Issues, Representations, and Implications’ Approach, MIRI Approach
Word Count: 24,990
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II. Acknowledgements
First and foremost, I would like to thank my family for their unwavering support over the last few years, be that by comforting me with encouraging words or by backing my decision to study-abroad. Another thanks goes to my friends, those who have known me for a long time, but also those who I have met along the way. Meeting each and everyone of you has helped me grow as a person and for that, I will forever be thankful.
I am also grateful to my supervisor Charlotte Fridolfsson, who has been there for me through every step of the way of this thesis. She always made me feel like I could come to her with any questions I had, and her feedback truly helped to make this thesis into what it is today.
I would also like to express my gratitude towards both Linköping University as well as my exchange university in Guelph, which have allowed me to pursue my interests. Especially the
University of Guelph and the courses I took there have shaped this thesis in undeniable ways.
Finally, I want to thank those who came before me. Those individuals who made it possible for me to exercise my right to vote. Those activists that fought for my right to education and without whom this thesis would have never existed in the first place. Those fighters that have paved the way for me and so many others to be able to be our true selves. Without your herculean work and your unbending will to fight for more equality, I would not have the same possibilities to live my life as I do now. In the same vain, I want to thank those that will come after me, that will speak up against the continuing inequalities of the world and that will not remain silent in the face of injustice.
“It is not our differences that divide us. It is our inability to recognize, accept, and
celebrate those differences.”
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III. Abbreviations and Glossary
BPfA Beijing Declaration and Platform for Action BJ-G Twenty-fifth Anniversary of the Fourth World Conference on Women and Adoption of the Beijing Declaration and Platform for Action (1995): Report of the Federal Republic of Germany BJ-N National Beijing +25 Review (Nigeria) BJ-SK National Review on the implementation of the Beijing Declaration and Platform for Action (1995) and the outcomes of the twenty-third special session of the General Assembly (2000) (South Korea) CEDAW Convention of the Elimination of All Forms of Discrimination Against Women Committee Committee on the Elimination of all Forms of Discrimination COR-G Consideration of reports submitted by States parties under article 18 of the Convention: Seventh and eighth periodic reports of States parties due in 2014 (Germany) COR-N Consideration of reports submitted by States parties under article 18 of the Convention: Seventh and eighth periodic reports of States parties due in 2014 (Nigeria) COR-SK Consideration of reports submitted by States parties under article 18 of the Convention: Eighth periodic report of States parties due in 2015 (Republic of Korea) CO-G Concluding observations on the combined seventh and eighth periodic reports of Germany CO-N Concluding observations on the combined seventh and eighth periodic reports of Nigeria CO-SK Concluding observations on the eighth periodic report of the Republic of Korea DEVAW Declaration on the Elimination of Violence Against Women EU European Union FGM Female genital mutilation GBV Gender-based violence IR International Relations MIRI ‘Motifs, Issues, Representations, and Implications’ approach PSD Problem-Solution Discourse UDHR Universal Declaration of Human Rights UN United Nations VAW Violence against women WHO World Health Organization WPR ‘What is the Problem Represented to Be’ approach
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Table of Contents
1. Introduction ...... 7 1.1. Thesis Aim and Research Questions ...... 8 1.2. Previous Research...... 9 1.3. Thesis’ Structure ...... 10 1.4. Limitations ...... 11
2. Methodology ...... 14 2.1. Data and Data Collection ...... 14 2.1.1. Nature of the Employed Data ...... 14 2.1.2. Sampling Method ...... 14 2.2. Research Design: Comparative Case Study ...... 15 2.3. Qualitative Data Analysis ...... 17 2.3.1. Thematic Analysis ...... 17 2.3.2. Problem-Solution Discourse ...... 18 2.3.3. ‘What is the Problem Represented to Be’ Approach ...... 18 2.4. MIRI Approach...... 20
3. Theoretical Framework ...... 23 3.1. Multi-Ethnic Feminist Theory ...... 23 3.2. Feminist Postcolonial Theory ...... 29 3.3. Intersectionality ...... 36
4. Sexual Violence Against Women Under Investigation ...... 40
5. Examining the Concurring International Conventions ...... 54 5.1. The Universal Declaration of Human Rights ...... 54 5.2. The Convention on the Elimination of All Forms of Discrimination Against Women 60 5.3. The Declaration on the Elimination of Violence Against Women ...... 67 5.4. The Beijing Declaration and Platform for Action ...... 73
6. Conclusion ...... 85
7. Bibliography ...... 87
Appendices ...... 104
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1. Introduction
“No woman in the world is secure against violence. Throughout the world, women’s bodies are vulnerable to a range of violent assaults that include domestic violence, rape within marriage, rape by acquaintances or dates, rape by strangers, rape in wars and communal conflicts, honor killing, trafficking and forced prostitution, child sexual abuse, female infanticide, female genital mutilation, and sex-selective abortion.”
Martha C. Nussbaum (167)
As Nussbaum’s quote highlights, violence against women [VAW] is a serious issue that affects every woman worldwide. An estimate by UN Women shows that around 35 percent of women worldwide have experienced partner or non-partner violence throughout their lifetimes, excluding sexual harassment (Facts and Figures). Some national evaluations report even higher numbers. Additionally, many survivors of gender1-based violence [GBV] are reluctant to report such crimes and even if they do, often the perpetrator is not appropriately, if at all, punished
(Nussbaum 169). While available data regarding this issue has increased in recent years (UN
Department of Economic and Social Affairs 140), it is still severely lacking and most definitely inaccurate (Nussbaum 169).
The World Health Organization [WHO] has classified VAW as “a significant public health problem, as well as a fundamental violation of women’s human rights.” (Global and
Regional Estimates of Violence Against Women) Moreover, programs and initiatives by governments as well as various organizations on all levels, from the international to the local,
1 It is important to highlight the discourse surrounding the terms gender and sex. Sex is a term that generally refers to a binary concept based on biological factors. Upon birth, a child is typically assigned a sex (either male or female) based on the genitals they are born with and the chromosomes they have. People who are born with anatomy that does not fall precisely into one of these two categories are often forced to undergo corrective medical procedures at an age where they are unable to give their informed consent to the procedure. Gender, on the other hand, is a more complex concept. It is heavily influenced by society’s gender roles and expectations. Importantly, gender is not binary but more like a spectrum. People can also identify as nonbinary, genderqueer, agender, or other gender identities. This concept is apparent in non-Western societies as well, for example the two-spirit community within indigenous American cultures. (Sex and Gender Identity; Clements)
[7] have been, at least partly, implemented worldwide to tackle this issue. Yet GBV continues to exist and severely impact women. As Nussbaum further states:
[T]he fact is that no woman who is rational is ever utterly free of the fear of such violence, whether she has ever experienced violence herself or not. This fear, itself a form of psychological violence, takes its toll on women’s lives. (168)
Dissecting this issue is therefore not only important because it is a violation of fundamental human rights, but because this violation impacts all women everywhere.
However, the way in which women are impacted by this persistent violence varies. What has become clear over the years is that some women, depending on certain aspects of their identity, such as but not limited to nationality, culture, class, or sexuality, are more vulnerable to suffer GBV. Feminist and other scholars all over the world have analyzed the issue of VAW, each with their own focus on aspects they find most critical. These studies have shown that these aspects of identity correlate to certain privileges and disadvantages each woman incurs, which heavily influence the ways in which VAW impacts these women. Equally important is how these privileges and disadvantages affect the applicability and appropriateness of programs, initiatives, and conventions meant to tackle this issue. While recent international conventions such as the Beijing Declaration state that their goal is to ameliorate the lives of all women everywhere, these conventions tend to be influenced by, what postcolonial scholars call,
Eurocentrism. This worldview that is centered on Western ideals, norms, and gender stereotypes therefore disregards the existence of other ways of life and the experiences and circumstances fostered by these non-stereotypical Western environments. Initiatives and conventions guided by this Eurocentrism can hence be criticized for not being applicable or appropriate to ameliorate the lives of all women everywhere.
1.1. Thesis Aim and Research Questions
Based on the assumption that the initiatives currently in place to tackle the issue of VAW are lacking in that they do not take the diversity of women into account, the aim of this thesis
[8] is to reveal if and how the circumstances of women in regard to sexual violence differ depending on the women’s nationality, and whether concurring international conventions to tackle sexual violence against women are taking these diverse circumstances into account. Furthermore, it aims to critique the prospective acknowledgement of these varying circumstances within these conventions by employing Multi-Ethnic Feminist, Feminist Postcolonial and Intersectional
Theory.
To fulfill this aim, the following research questions will be applied:
1) How do the circumstances of sexual violence against women differ depending on
whether they live in and are citizens of the Federal Republic of Germany, the Federal
Republic of Nigeria, or the Republic of Korea?
2) How are these differences acknowledged within the Universal Declaration of
Human Rights [UDHR], the Convention on the Elimination of All Forms of
Discrimination Against Women [CEDAW], the Declaration on the Elimination of
Violence against Women [DEVAW], as well as the Beijing Declaration and
Platform for Action [BPfA]?
3) How could the prospective acknowledgement of these diverging national
circumstances in these international conventions be critiqued using Multi-Ethnic
Feminist, Feminist Postcolonial, and Intersectional Theory?
1.2. Previous Research
There have been many studies focusing on different issues that women face. Of note regarding the topic of this thesis are those that have concentrated on the issues of VAW as well as the intersection of gender and race/ethnicity.
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Important contributions to the study of the intersection of gender and race were made by, to name a few, Patricia Hill Collins, bell hooks, and Kimberlé Crenshaw. Theorists such as
Chandra Mohanty, Leela Gandhi, and of course Gayatri Chakravorty Spivak have contributed important works to the study of gender in a postcolonial context. Other scholars have focused on further aspects of identity, like race, gender, class, and sexuality (Fogg-Davis), dis/ability, sexuality, and gendering (Garland-Thomson), or dis/ability, race, culture, and colonialism
(Kliewer and Fitzgerald). Several of these authors’ contributions to the three theories used within this thesis will be further discussed in chapter 3.
Additionally, various scholars have already analyzed and critiqued the conventions investigated in this thesis, such as Jennifer Ulrich, Hilary Charlesworth, Kjersti Skarstad,
Shazia Qureshi, Darren Rosenblum, Rikki Holtmaat, Holtmaat and Paul Post, Laura Shepherd,
S. Anuja, Mary Treuthart, Alice Edwards, Rebecca Cook, Dianne Otto, Susan Moller Okin, and
Tarsis Brito. Their contributions will be further discussed in chapter 5.
The authors named here present only a fraction of the continuous work concerned with the theme of women’s rights and the issues they face. However, especially within the sub-field of International Relations [IR], there still remains a need for more research regarding these topics.
1.3. Thesis’ Structure
This thesis is structured in the following way: first, the methodology that is being applied within this thesis will be outlined. This includes a brief mention of the nature of data as well as a description of the data sampling method that are being used. Moreover, the employed research design will be defined. This is followed by an outline of three qualitative data analysis methods that have been combined into one method, namely the MIRI approach, created specifically for this thesis, which will be introduced in sub-chapter 2.4. The next chapter deals
[10] with the three theories that are at the forefront of this thesis. This is then followed by an analysis concerned with examining reports regarding the situation of sexual violence against women in three different countries, as clarified in research question 1. Because this analysis is primarily factual in nature, the three theories will not be applied within this chapter. Instead, the analysis in chapter 4 serves as an empirical justification of the application of the theories in chapter 5.
Said chapter deals with the prospective acknowledgment of these diverse circumstances within four international conventions that are aimed at establishing women’s rights and tackling the issue of gender inequality; this chapter also offers a critique of this prospective acknowledgment when viewed through the lens of the three theories, thereby addressing research questions 2 and 3. Finally, a brief conclusion will be provided at the end of this thesis.
1.4. Limitations
Before delving further into the main parts of this thesis, it is important to point out a few limitations as well as information that will inevitably influence this thesis and its results.
First, there are several reasons why these three specific countries have been chosen as cases for the following analyses. For one, it is their differences that are very suitable for this thesis. Germany, South Korea, and Nigeria all have various historical backgrounds, diverging geographical and economic positions, as well as dissimilar presumed status quos of the circumstances and rights of women, which create diverse circumstances and daily lives for their citizens. Moreover, while Germany is considered a ‘developed country’ within global politics,
South Korea is currently seen as still being in the process, albeit very close, to becoming one as well. Nigeria, on the other hand, is still considered a ‘developing country’. Additional information regarding these countries can be found in appendix I.
Furthermore, the four conventions analyzed within this thesis have been chosen due to their importance for human and especially women’s rights as well as their varying emphasis on
[11] the issue of VAW. Also of interest is their historical timeline, with the UDHR being the first of these four conventions to be implemented and the Beijing Declaration being the most recent one.
Violence against women can occur in many different forms and places. To narrow down this broad issue, this thesis will focus solely on sexual violence against women in non-conflict situations instead of other types of violence, such as but not limited to physical or emotional violence, or sexual violence particularly in conflict situations. A definition of VAW, in particular sexual violence, can be found in appendix II. Due to the limitations of a master’s thesis, the focus will furthermore only be on the influence of nationality on the circumstances of women. Other factors such as sexual orientation or religion, while undoubtedly very interesting in this context, are often not specified in the data utilized within this thesis.
It is important to highlight that even though the availability of data regarding sexual violence against women has increased recently, it is still rather difficult to collect this kind of data due to the nature of this issue. Sexual violence against women is a highly sensitive topic and many women, for various and entirely valid reasons, decide to not come forward or are forced to keep quiet. Moreover, those that do report incidents of sexual violence might be in danger of being triggered and therefore (re-)traumatized if those offering support and help are not adequately trained. Cultural and societal expectations can also heavily influence the availability of data. Therefore, while sufficient data has been collected to analyze the above- outlined research questions, one must note that this data is likely very incomplete. This does not interfere with the validity of the results provided in this thesis because, as stated, sufficient data has been collected and a qualitative approach to analyze this data has been chosen instead of a quantitative one – but it is nevertheless an important factor to highlight. This conundrum also adds to the necessity of studies such as the one at hand which showcase the graveness of sexual violence while remaining respectful towards the survivors.
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Finally, it is important to point out that the author of this thesis has, like every human being, certain privileges and disadvantages. Necessary to know for this thesis is that the author is a white woman that has never been discriminated against because of her skin color or ethnicity. This fact must be highlighted since all three countries and particularly South Korea and Nigeria have citizens that are women of color. The author wants to clarify that this thesis is in no way or form meant to speak for these women. Instead, the aim is to use the author’s privilege to shed light on this important issue and on the fact that the circumstances surrounding sexual violence against women differ very much depending on various factors. It is the author’s hope that, by shining a light on this issue, this will help increase discussions about this issue and its complexity and, most importantly, highlight the necessity to include everyone and their experiences.
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2. Methodology
2.1. Data and Data Collection
2.1.1. Nature of the Employed Data
There are two types of data, primary and secondary, and although there is no clean-cut distinction between these two types (Bryman 13-14), each type nonetheless exhibits certain unique inherent characteristics.
Primary data can be defined as data that has been collected or observed directly from within or close by to the phenomenon, issue, or problem that is being investigated, and is hence often classified as being ‘first-hand’ (Walliman 63). Secondary data, on the other hand, is the – often written – interpretation of such primary data. The most common types of secondary data are published books, journal papers, or articles, that outline information about previously collected primary data. This data can hence be classified as being ‘second-hand’ (Walliman
63).
The official documents regarding the international conventions aimed at ameliorating women’s rights and tackling issues such as sexual violence against women are considered primary data. This is due to the fact that these documents themselves are one of the focal points to be analyzed within this thesis. Additionally, the reports provided by United Nations [UN] agencies’ websites as well as by national governments are being considered secondary data.
2.1.2. Sampling Method
To collect the above-outlined data, two types of sampling are being used: purposive and an approach inspired by snowball sampling. Purposive sampling is a method in which data is collected in a purposive manner based on specific criteria (Walliman 212). Said criteria can be informed by the questions or hypotheses the researcher is analyzing as well as other factors
[14] such as pre-existing knowledge or theories (Ritchie, Lewis, and Elam 80). Based on these criteria, the researcher uses purposive sampling to collect emblematic samples (Walliman 79).
The second method is inspired by the snowball sampling approach, which is a nonprobability sampling method that, like purposive sampling, does not aim to collect random samples. Instead, the first step of this method is deciding on a small sample of individuals which is likely to provide answers to the researcher’s inquiries. This first sample serves as a guide for the researcher to gain more data based on the referrals made by or within the first sample group.
This first wave of referred individuals can then in turn be used to gain further data (Bryman
424). Metaphorically speaking, this sample “subsequently expands wave by wave like a snowball growing in size as it rolls down a hill” (Heckathorn 356); hence the term snowball sampling. Similar to this snowball sampling method, for this thesis, data is being gathered from an initial purposive sample. However, instead of individuals, this sample consists of articles, reports, or books related to the issue at hand. The referrals made to other scholars and texts within this first sample are then being used to find further concurring samples to gather additional data. To tackle the potential drawback of non-diverse data that this approach incurs
(Ritchie, Lewis, and Elam 79), special care is being taken to ensure that the data is being gathered from not just one initial purposive sample group, but instead several initial and purposively chosen samples that reflect diverging standpoints regarding the issue under investigation. This method of sampling is being employed until sufficient and diverse data has been collected.
2.2. Research Design: Comparative Case Study
The focal point of a case study is one or more so-called case(s). A case can be defined as “an instance of a class of events of interest to the investigator” (Bennett 20-21), which is often taking place within a single location. The setting of a case therefore tends to be a vital
[15] part of its examination (Bryman 67). Each case can be analyzed by observing more than one of its characteristics or variables (Bennet 20).
A case study can be defined as a selective, multi-perspective analysis in which the researcher considers not just the voice and perspective of the ‘actors’, but also of the relevant groups of actors and particularly the interaction between them (Tellis 6). Moreover, case studies can be used both for theory generation as well as theory testing (Bryman 71).
Critics of case studies claim that their biggest disadvantage is the inability to be representative (Bennett 43). Due to the nature of most case studies, it is indeed difficult to apply the results of a case study, especially a single-case study, to the general population. However, the aim of most case studies is not to widely generalize a problem. Instead, most researchers that use case studies as their research design are focused on “the goal of providing the strongest possible inferences on particular theories or of using deviant cases to help identify left-out variables.” (Bennett 43) It is this focus on causality and the possibility to explain the occurrence of certain phenomena that makes the case study method so appealing to IR researchers (Bennett
38). Moreover, case studies can be seen as providing “contingent generalizations that apply to cases that are similar to those under study” (Bennett 43).
Another reason why this approach is being utilized within this thesis is that it allows for both a more detailed focus on certain concepts and the development of new variables and hypotheses (Bennett 35). Indeed, within the field of political science, concepts such as inequality are difficult to measure and analyze when disconnected from the specific contexts in which they occur. Using a case study method allows for not only a detailed analysis of complex concepts, but also for their assessment within either similar or diverse contexts (Bryman 74), which is precisely why this research design is highly beneficial for a thesis concerned with
VAW. Additionally, multiple case studies, particularly comparative ones, are especially
[16] suitable when the researcher aims to examine a complex concept in contrasting and/or similar contexts, using more or less identical methods (Bryman 72), as is the case within this thesis.
2.3. Qualitative Data Analysis
In order to provide as much of a detailed analysis as possible, three qualitative data analysis methods will be combined within this thesis: thematic analysis, problem-solution discourse, and the ‘What is the Problem Represented to Be’ approach. In the following, each of these three methods will be briefly outlined.
2.3.1. Thematic Analysis
The first method that is being employed to analyze the qualitative data used within this thesis is thematic analysis. This method is “used to classify and organise data according to key themes, concepts and emergent categories.” (Ritchie, Spencer, and O’Connor 220)
While analyzing a document, the researcher takes note of certain patterns that reveal themselves during the process. Most patterns tend to be based on specific conversation topics, vocabulary, expressions of emotions, or recurring activities (Aronson 2). Once collected, these patterns are then combined and grouped into thematic units. These themes or sub-themes tend to be informed by categories identified by the researcher which relate to the research issue at hand. They are then likewise sorted and organized, which is most sufficiently done by creating a matrix. This matrix can be used to not only list and group the data into themes but can also be helpful for noting the number of occurrences of certain patterns, such as sentences or particular words, as well as a preliminary interpretation of the sentiment behind this data. This helps the researcher to infer the predominance of themes as well as their initial positive or negative connotation (Roberts 263). This method is very well suited for providing a certain framework a researcher can use to analyze further qualitative data.
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2.3.2. Problem-Solution Discourse
The second method is the so-called problem-solution discourse [PSD]. This method is based on and incorporates interrogative insertion, which is the analysis of a text by inserting implied questions into said text. The answers to these questions are then provided by the text itself, whereby the specific representation of themes within the text and the concurring implications of this are revealed to the researcher (Walliman 140).
PSD further develops this method by closely analyzing these implications. Nicholas
Walliman claims that “[m]ost statements can be read to have one of two implications. The first is the assertion of a fact or a report of a situation, the second is a call for action or a command.”
(140) By applying PSD, statements within a text are analyzed and sorted into four categories: the situation, the problem, the response, and the result and/or evaluation (Walliman 140). Either of these four categories may be more detailed than the others, most likely in connection with a deeper interest into one or more of these categories. From a linguistic point of view, it is likely that the statements entail a positive evaluation of at least one of the provided solutions (Navas
Brenes 3). When applying this method, it is important for the researcher to keep this linguistic aspect in mind since it could potentially manipulate the results of a problem-solution discourse analysis.
2.3.3. ‘What is the Problem Represented to Be’ Approach
Finally, the following method is being employed: developed by Carol Bacchi, the
‘What’s the Problem Represented to Be’ [WPR] approach can be used for critical analysis of documents. As stated by Bacchi, “[i]t starts from the premise that what one proposes to do about something reveals what one thinks is problematic (needs to change).” (21) While Bacchi has applied this approach to mainly policy proposals, it can also be utilized when analyzing reports and conventions, as is the case within this thesis. The basis of this approach is the assumption that each problem that is being outlined within a text is being done so in a specific way which
[18] can convey important implications regarding not only the statement, but also the originator of said statement (Bacchi 21).
The WPR approach is built upon seven steps, six of which are based on the application of questions, as showcased in figure 1.
Figure 1: The WPR approach (adapted from Bacchi and Goodwin 20)
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As will be further outlined in sub-chapter 2.4., steps one, two, four, five, and six are being utilized within this thesis.
2.4. MIRI Approach
To summarize, the data used within this thesis is being analyzed by combining three qualitative data approaches together, namely thematic analysis, PSD, and the WPR approach.
This combination is applied by employing the following steps, outlined in figure 2:
Figure 2: The MIRI Approach
The above-outlined steps constitute a qualitative approach that will henceforth be called the
‘Motifs, Issues, Representations, and Implications’ approach, or in short, the MIRI approach.
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Within this thesis, this approach is operationalized in the following way: first, after collecting data relevant for this topic, these documents are being divided into four clusters. One cluster consists of the four international conventions at the forefront of this thesis, namely the
UDHR, CEDAW, DEVAW, and the Beijing Declaration. The other three clusters relate to the empirical data analyzed in chapter 4. These three clusters are being sorted into three categories: the national reviews by each of the three governments compiled for the 25th anniversary of the
Fourth World Conference on Women2, the national reports submitted by each country to the
United Nations Committee on the Elimination of Discrimination against Women [Committee], and the concluding observations of these reports by the Committee.
Each document is then analyzed by focusing on recurring themes prevalent in all documents of a cluster. For the cluster consisting of the international conventions, the identified themes are equality, diversity, health and well-being, the presentation of women, as well as ideology.
For the other three clusters, the recurring patterns are divided into the following themes: legislative measures, conduct regarding the aftermath of GBV, matters concerning the government, cultural aspects, education, health care, trafficking in persons, country-specific issues, as well as current major challenges and priorities for the next five years, as outlined in the national Beijing+25 reviews. For each theme, the outlined situation is then briefly summarized, followed by its analysis using the questions specified in step 4 of figure 2.
However, due to the different nature of the documents analyzed, the interpretation of the results of these analyses will vary. The clusters of the reports providing empirical data by the national governments and the Committee are looked at from a more factual point of view, whereas the analyses of the conventions are deeply intertwined with and guided by the three
2 This anniversary of the Beijing Declaration and Platform for Action was planned to be the focal point of the 64th session of the Commission on the Status of Women, scheduled to take place from March 9 to 20, 2020, but suspended until further notice due to the outbreak of the COVID-19 pandemic. See: CSW64/Beijing+25.
[21] theories used in this thesis. Moreover, the results of the empirical data will be directly compared, i.e. the circumstances in each country will be contrasted to one another in regard to each individual theme. Concerning the conventions, however, while a comparison between the documents will be presented, this is not done in regard to each individual theme but rather as a comparison of the conventions and their inclusivity as a whole. Therefore, while the MIRI approach is being applied to all of these documents, specific and varying focal points are being put on the interpretations of the results acquired by employing the MIRI approach, due to the differing nature of these documents as well as their connection to the three theories. Due to the limitations of this thesis, only the results of these analyses will be provided in chapters 4 and 5.
A more detailed example of the process can be found in appendices III and IV.
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3. Theoretical Framework
Before outlining each theory, it is important to note that these theories are being interpreted in a way that particularly suits the issue and modes of analysis of this thesis. The interpretations of these three theories as presented here by the author are only one of many. Specifically, within this thesis Multi-Ethnic Feminism is being viewed as being primarily feminist with an additional focus on nationality, whereas Feminist Postcolonialism is considered as being primarily concerned with the aspect of nationality with an additional focus on gender and feminist issues. In contrast to these theories, Intersectionality is considered to be neither primarily feminist in nature nor postcolonial. Instead, both aspects are considered equally important since it is the intersection of these two characteristics that is believed to influence the diverse situations being analyzed within this thesis. This particular reading of the theories has been chosen due to its specific alignment with the research aims of this thesis and is in no way meant to imply the incorrectness of other interpretations.
3.1. Multi-Ethnic Feminist Theory
Feminist theory is generally understood as stemming from and being part of grassroots social justice movements. Compared to other theories, such as liberalism or realism, feminist theory’s inclusion into academia is relatively recent – beginning in the 1970s and 1980s
(Zalewski 18). Following the UN Decade of Women which lasted from 1975 to 1985, the late
1980s saw a notable rising interest in feminist studies, at a time when the so-called second wave of women’s movement activism was at its height in many countries (Enloe 107).
The concept of feminist theory is not easily defined since there are many types of feminist theory. Each of these types has its advantages and disadvantages and it very much depends on the individual researcher which feminist theory they deem most appropriate to employ. Generally speaking, however, feminist scholars are concerned with “[m]aking the
[23] invisible visible, bringing the margin to the center, rendering the trivial important, putting the spotlight on women as competent actors, [and] understanding women as subjects in their own right rather than objects for men” (qdt. in Tickner 7). By including these perspectives, feminist scholars, as Cynthia Enloe eloquently expresses, “also [make] ‘men-as-men’ visible and masculinity problematic. […] In short, feminism is a complex set of understandings about how power operates, how power is legitimized and how power is perpetuated.” (99)
Just as there is no single universally agreed upon feminist theory, there is no single feminist research method. Nevertheless, there are four methodological guidelines that generally inform feminist research: a deep concern that influences which research questions are being posed and why, wanting to do research that is useful for women (and men), a focus on reflexivity and especially the subjectivity of the researcher, as well as viewing knowledge as emancipation (Tickner 4). Particularly noteworthy here is the belief that a researcher must be aware of their own position, i.e. their privileges, background, and influences, to create true objectivity.
To summarize, feminist scholars aim to “challenge dominant assumptions about what is significant or insignificant, or what are central or marginal concerns” (Mertus 324), by listening to women and realizing “how the subjective meaning they attach to their lived experiences are so often at variance with meanings internalized from society at large” (Tickner 4). It is this interdependence of the concepts of masculinity and femininity, indeed gender and its significance itself, that feminist scholars aim to analyze (Peterson 6).
Around the same time feminist studies in general gained prominence, the first generation of feminist scholars within the field of IR began to challenge the conventional ontological and epistemological foci the field had been based upon up until that point (True, “Feminism” 215).
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While the subsequent generation of feminist researchers within IR aimed to make gender a central focal point of analysis, the third generation
[m]ore cautious and precise in its analytic use of the concept of gender, and more closely tied to developments in critical international theor[ies], […] provides empirical support for first-generation challenges, while also generating new theoretical insight on the gendering of global politics. (True, “Feminism” 216)
Feminist theory’s relationship with the field of IR has been from the beginning, and continues to be, an ambiguous one. This is partly due to the fact that feminist IR theory as a concept itself is difficult to narrow down and classify. As Christine Sylvester states, this theory
“has many types and shifting forms. It is non-uniform and non-consensual; it is a complex matter with many internal debates” (qdt. in True, “Feminism and Gender Studies” 7). Another reason is this theory’s non-conformity to typically used methodologies within IR. The lack of a commonly agreed upon methodology for feminist IR studies continues to be a much-debated topic within IR (Zalewski 5). Indeed, as of today, there is no unanimously agreed upon “body of literature on methodologies that would enable feminist scholars to learn from one another.
As a result, the significance of methodology for feminist IR and the study of global politics is not well understood or appreciated.” (Ackerly et al. 2)
Since the first feminist contributions to IR by scholars such as Ann Tickner, Spike
Peterson, or Sylvester in the early 1990s, feminist IR theory has challenged conventional modii operandi of this sub-field. Feminist theory can thus be perceived as being positioned on the margins of IR’s mainstream as a theory that is present but not often engaged with (West 2).
Feminist IR scholars criticize the mainstream’s assumption of “pre-dominantly male- constructed reality as a given, and thus as the beginning and end of investigation and knowledge-building.” (Youngs 77) They believe that not only global politics but the field of IR itself are deeply influenced by the notion of gendered hierarchies which privilege men (Peterson
6). While concepts like rationality, objectiveness, and the public sphere are associated with masculinity, notions such as emotionality, subjectivity, and the private sphere are connected to
[25] femininity. This automatically devalues these notions due to the perceived superiority of masculinity over femininity. This heavily influences the way IR scholars perceive global politics as well as integral concepts such as security, violence, and power (Zalewski 3).
Feminists therefore believe that the way knowledge within this field is currently constructed must be analyzed and challenged to uncover these skewed assumptions (Mertus 324). The most innate goal of this is to make women and their realities visible within IR, not just as objects, but as social, economic, and especially political subjects (Steans 435). Only by analyzing and understanding the existing unequal gender relations that influence every aspect of IR, they claim, can this target be achieved (True, “Feminism and Gender Studies” 1).
While white feminist activism gained momentum, there were also many feminist organizations and groups consisting of primarily women of color. Within the United States, these were women of African American, Native American, Asian American, or Latin American heritage (Zinn and Dill 328). Yet for a long time, within academia, the experiences and wisdoms of these women have been ignored in favor of focusing entirely on the struggles of what can be described as the ‘stereotypical white Western woman’, i.e. a woman that is white, straight, cisgender, able-bodied, educated, and oftentimes also middle-class and Christian, that was likewise born and lives in a developed country. This so-called White Feminism3 assumes that every woman shares the same experiences as this stereotypical white woman. In reality, of course, this is far from the truth. Over the years, feminist scholars had to ask themselves: “Who is included and who excluded in current definitions of ‘woman’ and ‘feminism’? Who is empowered to represent or speak for ‘women’? Whose interests (which actual women and men) are served by context-specific feminist or women’s movement agendas?” (Peterson 2).
3 White Feminism can be defined as feminism aimed particularly at improving the lives of stereotypical white Western women, thereby consequently neglecting and silencing women of color. (Liska 1)
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In reality, women are not only disadvantaged because of their gender and society’s negative connotations of femininity. Instead, criteria such as ethnicity, sexuality, dis/ability, or religion can also lead to discrimination (True, “Feminism and Gender Studies” 10). Therefore, if one aims to uncover the nuances of gender inequality and advance women’s rights, these different experiences of ‘being a woman’ must be included in these efforts.
There are a variety of ways this sentiment has expressed itself within feminist academia.
In the United States, for example, the feminist theory that concerns itself with the special circumstances of women of color, particularly of African American or Latina heritage, is typically called Black Feminism (Thompson 338). Beginning in the late 1960s, scholars of this theory have criticized the exclusion of women of color from feminist scholarship as well as the overbearing ignorance and misunderstanding regarding the particular experiences of women of color (Zinn and Dill 321). As Maxine Zinn and Bonnie Dill highlight, it “is the centrality of race, of institutionalized racism, and of struggles against racial oppression that link the various feminist perspectives within this framework. Together, they demonstrate that racial meanings offer new theoretical directions for feminist thought.” (321)
Another theory, Feminist Internationality, thrives to acknowledge and confront these differences amongst women (True, “Feminism” 231), while Multiracial Feminism is based on
“situating women and men in multiple systems of domination.” (Zinn and Dill 323-324)
Another frequently used term is Third-World Feminism. This theory, while sharing the same sentiments with the previously named theories, also focuses on crucial issues such as “cultural identity, language, nationalism and the position of women within the newly-emerging nation states, female self-representation, and critical interrogations of white, bourgeois western feminism.” (Mehta 395)
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To label the type of feminist theory that advocates the inclusion of the diverse realities of ‘being a woman’, many terms can be used. The different feminist scholars “speak in many voices, with inconsistencies that are born of [their] different social locations.” (Zinn and Dill
326) Yet they all share the same unifying believe that
women and men throughout the social order experience different forms of privilege and subordination, depending on their race, class, gender, and sexuality. […] At the same time that structures of race, class, and gender create disadvantages for women of color, they provide unacknowledged benefits for those who are at the top of these hierarchies – whites, members of the upper classes, and males. (Zinn and Dill 327)
Within this thesis, the theory that is being employed is Multi-Ethnic Feminist Theory.
As defined by Judith Lorber, “multi-ethnic feminism [shows] that gender, ethnicity, religion, and social class are structurally intertwined relationships.” (25) Like the other briefly mentioned feminist theories, Multi-Ethnic Feminism is concerned with the multiple systems of domination and oppression human beings are interconnected with (Lorber 26). These feminists do not view women as a single group which has an inherent commonality. Instead, it is the interplay between specific categories which differentiate these women that is of interest in this theory (Beasley
103).
It is important to note that all these feminist theories are very similar and sometimes even indistinguishable from one another. The terms that are being used to describe the criteria that differentiate these women from each other, such as black, white, or ethnic, “are used in a number of ways depending on the cultural context of the commentator. These terms are always political and locally differentiated.” (Beasley 105) The label Multi-Ethnic Feminism has hence been chosen not because it excludes certain aspects of, for example, Black or Third-World
Feminism, but because this study focuses not just on the different experiences of white and black women or not just between white women and those from a previously colonized country.
By using the term multi-ethnic, it is hoped to adequately address the diversity of the women at the center of this thesis.
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3.2. Feminist Postcolonial Theory
As the name implies, postcolonial theory is concerned with the continuing effects of the
– mostly European – colonization of large parts of the world, starting in the 15th century. At first coined as a ‘civilizing mission’, i.e. spreading morals and values deemed proper by the
European powers to other societies, a large aspect of the colonial process was also the political, societal, and economic incorporation of these ‘outsiders’ into the European model of life
(Olaniyan 269). This incorporation, however, was by no means voluntary on account of the colonized and certainly not based on the premises of equality. Instead, “colonial rule operated by setting up visible, rigid, and hierarchical distinctions between the colonizers and the colonized. The physical and symbolic separation of the races was deemed necessary to maintain social distance and authority over subject peoples.” (Mohanty 59) Of interest in this regard is the Colonizing Structure as defined by Valentin-Yves Mudimbe. This structure is said to include three main plains of operation: “the domination of physical space, the reformation of natives’ minds, and the integration of local economic histories into the Western perspective.”
(Olaniyan 270)
Nowadays, a lot of discussions within academia, and especially within the field of political science, are primarily concerned with the economic legacy of colonialism, particularly with the issue of “the continued economic exploitation and underdevelopment of erstwhile colonized regions.” (Olaniyan 270) While this is certainly an important aspect of colonialism that must be highlighted, scholars tend to forget to include the first and second plains of the
Colonizing Structure in their discussions. Postcolonial theory aims to remedy this by criticizing and challenging the prevalent Eurocentrism within, in this case, academia. Originating in the study of colonial literature in the late 1970s and early 1980s, “postcolonialism has developed a body of writing that attempts to shift the dominant ways in which the relations between western and non-western people and their worlds are viewed.” (Young, “Postcolonialism” 2)
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One of the pioneers of this theory is Edward Said, who published his groundbreaking book Orientalism in 1978. Said looks at the relationship between the colonizers and the colonized with a focus on the influence of colonialism on knowledge building (McLeod 25).
He claims that “colonialism continuously perpetuated itself: colonial power was buttressed by the production of knowledge about colonised cultures which endlessly produced a degenerate image of the Orient for those in the West, or Occident.” (McLeod 26) The power of the colonizers thereby lies within their ability to create an image of the ‘Orient’ that is entirely influenced by the preconceptions of those scholars traveling within these societies and not at all informed by those considered native (Ahluwalia 43). In this regard, the ‘Orient’ is seen as
“a political vision whose structure promoted a binary opposition between the familiar (the
West/us) and the strange (the Orient/them).” (Abrahamsen 115) This negative connotation and othering of the ‘Orient’ simultaneously serves to justify the West’s superiority and therefore their purpose to ‘help the lesser Orient’ (McLeod 39). For Said, there are three important ways to tackle this perception of the world order: first, a restoration of the community or nation that is considered to be part of the ‘Orient’. Second, ‘writing back to the Occident’, i.e. providing an alternative version of what the ‘Orient’ is, one that is informed by those actually living in the ‘Orient’. Third, moving away from the notion of separatist nationalism and instead turning towards global community (Ahluwalia 45).
Another important contributor to postcolonial theory is Frantz Fanon. Writing at the height of the previously colonized countries’ struggle for independence, Fanon, amongst other writers such as Aimé Césaire and Mahatma Gandhi, depicts “the multiple forms of violence entailed in colonial oppression, and [exposes] its impact on cultures, identities, and forms of resistance.” (Abrahamsen 113) In his book Black Skins, White Masks (1952), Fanon highlights how colonialism has distorted the mind of the colonized, inevitably “[ingraining] within their souls an inferiority complex which arises out of the death of their cultural origins” (Ahluwalia
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39) and thereby justifying their presence and predominance in the countries of the colonized
(Nair 71). He even goes so far as to say that the dehumanizing and objectification of the colonized has rendered them incapable of being human (Ahluwalia 39). Fanon believes that decolonization means not merely the removal of the colonizer, but rather a “war of liberation, whereby the colonised nation is able ‘to rediscover its own genius, to reassume its history and assert its sovereignty’” (Ahluwalia 41). Moreover, he claims that although elements of pre- colonial cultural and social forms persist within these colonized countries, there is no pure pre- colonial culture which survives (Ahluwalia 41).
Additionally, postcolonial theory has also been influenced by the field of Subaltern
Studies.4 Most influential of these texts is Spivak’s Can the Subaltern Speak? (1988), in which she first debates poststructuralist thinkers such as Michel Foucault and Gilles Deleuze on their beliefs that human beings do not construct their own identities. They instead argue that humans have their identities written for them by “the shifting discourses of power which endlessly
‘speak through’ us, situating us here and there in particular positions and relations.” (McLeod
128) Spivak disagrees with this reasoning and especially its implications for the representation of the oppressed: “According to Foucault and Deleuze (in the First World, under the standardization and regimentation of socialized capital […]) the oppressed, if given the chance
[…], and on the way to solidarity through alliance politics […], can speak and know their conditions” (78) – but the same cannot be said for the Subaltern5. Spivak believes that, following Foucault’s and Deleuze’s argumentations, the Subaltern can never be the
4 Subaltern Studies are concerned with the historiography of India, particularly with retelling history from the point of view of the colonized. Based on the believe that history is told by the winner/powerful, in this case the colonizers, Subaltern Studies scholars offer an alternative version of history by focusing on the experiences of the colonized. (Abrahamsen 13) 5 The Subaltern, a term coined by Antonio Gramsci, refers to “the people and cultures which existed, by definition, below the dominant” (Shurmer-Smith and Hannam 125), i.e. the colonized.
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Subject6, because this notion belongs entirely to the colonizers; it is essentially a Western model
(75). In Spivak’s words, “[i]t is impossible for contemporary French intellectuals to imagine the kind of Power and Desire that would inhabit the unnamed subject of the Other” (75) and
“[f]or the ‘true’ subaltern group, whose identity is its difference, there is no unrepresentable subaltern subject that can know and speak itself” (80). The irrepresentability of the Subaltern
Subject means that by trying to give “visibility and voice to the subaltern, ironically the subaltern actually disappears and is silenced.” (McLeod 129) This is even further complicated by the inclusion of gender, due to women’s subordinate positions in patriarchal societies
(McLeod 129). Can the Subaltern Speak? is not meant to imply that the Subaltern as female is unable to physically speak. Instead, it highlights that because knowledge is being created and recreated entirely within the Western dominant point of view, there are simply no tools to properly interpret the experiences of these women (McLeod 131) and that they are automatically and continuously “rewritten […] as the object of patriarchy or of imperialism”
(McLeod 130).7 Spivak concludes that scholars concerned with the muteness of these women
“[r]ather than making the subaltern as female seem to speak, […] must bring to crisis the
6 The Subject can be considered as the knower or self as opposed to the known or object. Within Marxist theory, the Subject is considered as an identity or sense of selfhood that is socially constructed by dominant sociocultural and ideological processes. Foucault defines the subject as an effect of power relations. Its counterpart is the Other: a person or group defined as different from oneself or one’s own group, often with a negative connotation. Within postcolonial theory, the Other are those that have been colonized and depicted as lesser beings by the colonizers. (Chandler and Munday 306; 411) 7 Spivak exemplifies this by discussing the Indian concept of sati, the Hindu widow sacrifice, by highlighting that the British saw this practice as immoral and believed its abolition was just (Spivak deems this to be a case of “White men saving brown women from brown men”), whereas the Indian nativist argument was that these women wanted to sacrifice themselves. Yet the women who did and/or wanted to partake in this ritual were not able to share their own opinion on the matter: “Between patriarchy and imperialism […], the figure of the woman disappears, not into a pristine nothingness, but into a violent shuttling which is the displaced figuration of the ‘third-world woman’ caught between tradition and modernization.“ (102) The other example Spivak gives is that of a young woman named Bhuvaneswari Bhaduri, who hanged herself in her father’s apartment in North Calcutta in 1926. Bhaduri, knowing that her death would be interpreted as the outcome of an illegitimate affair, i.e. pregnancy, waited until she was menstruating to go through with the act, thereby providing a “subaltern rewriting of the social text of sati-suicide” (104), since widows had to wait until the end of their periods to partake in sati. Yet strikingly, when asking another scholar, a Bengali woman, about the motivations of Bhaduri, Spivak only got two responses: 1) Why are you interested in her, when her sisters led full and wonderful lives? 2) It appears it was a case of illicit love. This example, according to Spivak, truly showcases that “[t]he subaltern as female cannot be heard or read.” (104)
[32] representational systems which rendered her mute in the first place, challenging the very forms of knowledge that are complicit in her silencing.” (McLeod 130) It is therefore important to point out that within this thesis, the aim is not to create yet another voice to speak for women who have suffered sexual abuse, be they German, Nigerian, or South Korean. Instead, what is being critiqued is precisely the notion of knowledge regarding these women and their situations as being homogenous and stemming entirely from a Western point of view.
Based on these pioneering works, postcolonial theory can thus be described as a
certain kind of interdisciplinary political, theoretical and historical academic work that sets out to serve as a transnational forum for studies grounded in the historical context of colonialism, as well as in the political context of contemporary problems of globalization. (Young, “Ideologies” 4)
The term postcolonial itself is quite contested since it implies that colonialism is a relic of the past, yet those in favor of it defend it by claiming that rather than indicating the end of colonialism, the term refers to the critique of colonialism and its continued legacies (McEwan
94).
As briefly mentioned above, this theory problematizes the concepts of knowledge and knowledge building, believing them to be profoundly influenced by Western ideologies
(Chowdhry and Nair 12). Additionally, “[d]iversity and difference are central values here – to be acknowledged and respected, not erased in the building of alliances.” (Mohanty 7)
Postcolonial theory is concerned with those at the margins of society, recognizing them, their needs and experiences, as well as their ability to provide alternative ways of thinking, acting, and being (Abrahamsen 120). While “it begins from a fundamentally tricontinental, third- world, subaltern perspective and its priorities always remain there” (Young, “Postcolonialism”
114), postcolonial theory also recognizes that colonialism has led to the disappearance of pure cultures (Ahluwalia 95). It therefore seeks to break down the binaries and barriers that serve to divide human beings and instead aims to introduce
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transformational politics […] dedicated to the removal of inequality – from the different degrees of wealth of the different states in the world system, to the class, ethnic, and other social hierarchies within individual states, to the gendered hierarchies that operate at every level of social and cultural relations. (Young, “Postcolonialism” 114)
Applying this approach to the field of IR, postcolonial theory provides insight into how global politics and especially the construction of power and power relations are still heavily influenced by imperial and colonial ideologies (Chowdhry and Nair 12). Moreover, postcolonial theorists claim that the interpretation of these structures is also still very much imbedded in Western-centric thinking (Abrahamsen 111). They therefore encourage shifting the attention within IR away from the traditional concepts of states, militaries, and diplomacy, towards “the critical intersections of empire, race/ethnicity, gender and class (among other factors) in the workings of global power” (Nair 69). Power within postcolonial theory is not merely associated with economic and military means and located within a state or a union of states, but it is rather understood as something complex and multifaceted (Abrahamsen 115).
Postcolonial theory therefore offers de-centered, non-Eurocentric examples and perspectives to analyze the international system with the goal of incorporating a more just and representative view of global politics within IR (Benabdallah 125). While postcolonial theory is not an unknown theory within IR, it nevertheless, like feminist theory, remains at the margins of the field and “leading journals and key textbooks will reveal that IR remains a discipline of the rich West, paying scant attention to approximately three quarters of the world’s population living in the poorer countries of the South.” (Abrahamsen 111)
As can be seen by Spivak’s importance to the theory of postcolonialism, gender and gender issues are of great significance for this theory. Gender issues are not just seen as theoretical but as practical means directed towards acknowledging and tackling inequalities and unfulfilled needs (Young, “Ideologies” 4). The type of postcolonial theory specifically focusing on gender issues within the postcolonial context is the so-called Feminist Postcolonial Theory.
This theory is generally concerned with the interconnectedness of gender, nationality, and race
[34] in the different contexts of women’s lives with a special focus on how these issues are influenced by colonialist and neocolonialist ideologies (Rajan and Park 53).
Moreover, Feminist Postcolonial scholars are interested not only in the concepts of colonialism and the postcolonial nation state, but also in reconciling the nationalist anticolonial struggle that women of color are a part of with the fight against gender inequality (Chanda 493).
Especially the notion of a ‘global sisterhood’ is inappropriate to them since the term implies a universal solidarity of all women which entirely disregards the diverse realities of women all over the world, varying due to their specific unique circumstances (Chowdhry and Nair 14). By seamlessly assimilating these women and their experiences into a universal feminist discourse, this type of feminism robs these women of their agency (Mohanty 39). Feminist Postcolonial scholars are therefore challenging “both the idea of universal ‘woman,’ as well as the reification of the Third World ‘difference’ that produces the ‘monolithic’ Third World woman” (Rajan and Park 54), i.e. the implicit objectification as well as the interpretation of women of color as exotic (Rajan and Park 56).
They advocate instead for the inclusion of cultural and historical contexts into feminist discourse by focusing on the interconnectedness of race, ethnicity, nationality, class, and gender
(Nair 73). Colonial relations and structures of power therefore form the basis for these Feminist
Postcolonial theorists, asserting that “[p]ostcolonial feminism has never operated as a separate entity from postcolonialism” (Young, “Postcolonialism” 116) and that this theory “begins from the perception that its politics are framed by the active legacies of colonialism, by the institutional infrastructures that were handed over by the colonial powers to elite groups, or appropriated by later elites.” (Young, “Postcolonialism” 109)
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3.3. Intersectionality
The third theory that is being employed within this thesis is Intersectionality, based on the analogous term coined by Crenshaw to highlight “the various ways race and gender interact to shape the multiple dimensions of black women’s employment experiences” (qdt. in Gopaldas
90). While a detailed history of Intersectional research has not yet been published (Hancock
249), this theory’s specific origin can nevertheless be traced back to the late 1980s (Schuster
2). The concept of intersectionality itself has existed since as early as the 19th century, when black feminists in the United States highlighted the implications of being a woman while being black at the same time (Carastathis 305). The theory gained recognition through the discourse of Black Feminist and Critical Race Theory scholars in the United States, such as Crenshaw, who advocated for the appropriate engagement with the diversity of ‘being a woman’
(Carastathis 306). Based on Crenshaw’s claim that “social groups who find themselves on
‘intersections’ of multiple dimensions of discrimination (e.g. sexism, racism), are marginalized more severely and in different ways than groups who are confronted with single dimensions of discrimination” (Schuster 2), subsequent scholars developed this concept into theoretical frameworks and methodologies for, primarily, feminist research (Schuster 2).
The metaphor of intersecting roads in which each intersection stands for the double or even multiple-layered oppression of individuals has been name-giving for the theory of
Intersectionality (Dhamoon 231). While similar expressions have appeared over time, such as double-disadvantage or multiple jeopardy, it is the term Intersectionality that has gained the most support, with some scholars even going so far as to declare that “intersectionality is the most important theoretical contribution that women’s studies, in conjunction with related fields, has made so far.” (Simien 265)
While Intersectional Theory has become deeply ingrained in not only feminist, but also, for example, postcolonial theory over the past few decades, within the field of IR, Intersectional
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Theory is rather seldom engaged with. There is a notable absence of IR studies or textbooks interested in this theory, although
[i]ntersectionality has moved internationally both as a means to frame dynamics that have been historically distinct within other domestic spheres and also as a way to contest material and political realities that are, by some measures, part of global and transhistorical relations of power. (Carbado et al. 307)
Furthermore, Intersectional Theory has been criticized by some scholars, such as Jennifer Nash, who are wary of a certain fetishization of this theory and want to warn against a possible monopoly of it within feminist studies (Schuster 2). Even so, Intersectional Theory is highly beneficial for studies such as this thesis that is concerned with depicting the realities of ‘being a woman’ and what this entails in all its capacity, and can therefore be considered a vital tool within the field of IR as well.
Intersectional Theory is, briefly put, concerned with “the interactivity of social identity structures such as race, class, and gender in fostering life experiences, especially experiences of privilege and oppression.” (Gopaldas 90) Therefore, this theory is most often used to analyze the circumstances of “the multiplicatively oppressed (e.g., African American, disabled, and homosexual women), but also the multiplicatively privileged – for example, ‘[the] white, thin, male, young, heterosexual, Christian, and financially secure’” (Gopaldas 91). Highlighting the diverse points of view that humanity inherently entails, i.e. the inclusion of everyone, is hence at the center of this theory (Hancock 248).
Though race, class, and gender are the most commonly analyzed factors within
Intersectional studies (Hancock 251), there is a wide range of aspects of identity that can be substituted instead, as can be seen in figure 3. This characteristic allows for the combination of previously differentiated disciplines, such as African American studies, queer studies, or feminist studies (Carbado et al. 304).
Intersectionality itself is understood as a constant work-in-progress, never being able to,
“in a definitive sense, grasp the range of intersectional powers and problems that plague
[37] society.” (Carbado et al. 305) It is rather a focus point, “a gathering place for open-ended investigations of the overlapping and conflicting dynamics of race, gender, class, sexuality, nation, and other inequalities” (Cho et al. 788).
Figure 3: Intersectionality Wheel (adapted from Simpson 9)
As figure 3 further showcases, it is not merely the different aspects of identity one must take into consideration when researching oppression and privilege, but also the different con- texts they occur in. “[W]hat is oppression in one context may be a privilege in another. This point challenges us to take a multisystemic approach to understanding privilege and oppres- sion” (Samuels and Ross-Sheriff 6).
The existing types of discrimination that can impact an individual’s identity as well as the forces and structures reinforcing such discrimination are therefore just as important within In- tersectional Theory. A fundamental claim of this theory is thus that social positions and inter- sectional identities are always in relation to one another (Phoenix and Pattynama 187).
What Intersectionality highlights is that even within perceived groupings based on certain aspects of identity, such as a group of women, or women of color, or queer women, there is no single and unanimously shared experience of being. While some may share experiences of
[38] being discriminated against or privileged because of, for example, their womanhood,
Intersectional Theory points out that in-group diversity always exists and that this is an important fact to consider (Bilge 59). Therefore, within Intersectional Theory, the focus of analysis “shifts the gaze from the Othered identity and category of Otherness to a critique of the social production and organization of relations of Othering and normalization.” (Dhamoon
235) Not only that, the theory also highlights that there can be no “‘one-size fits all’ approach for solving persistent and growing social inequities.” (Hankivsky 7)
A summarizing account of the defining characteristics of each of the three theories, with a particular focus on their differences as well as their similarities, is showcased in figure 4.
Figure 4: Summary of characteristics of the three Theories
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4. Sexual Violence Against Women Under Investigation
As outlined in appendix I, Germany, Nigeria, and South Korea are vastly different countries, not just in regard to their geographical locations, but especially due to their historical backgrounds and how those have and continue to influence the lives of their citizens until today.
These differences are also noticeable regarding the issue of violence, especially sexual violence, against women. The following analysis of the most recent and detailed international reports regarding the current situation of women and their rights in these three specific countries will provide a more detailed insight into these differences. Due to the limitations of this thesis, not every one of these aspects can be highlighted. For an example of this process of analysis, please see appendix III.
4.1. Legislative Measures
Focusing on the area of legislative measures meant to ameliorate the lives of women, the three countries, though sharing some similar focal points, do differ in their approaches. For example, the most recent country report submitted to the Committee on the Elimination of all
Forms of Discrimination as well the Committee’s corresponding observations showcase that
Germany is very much focused on introducing and revising laws that concern the public realm, thereby leaving women more vulnerable to discrimination and violence without legal consequences in the private realm. This is underlined by paragraph 13 of the Concluding observations – Germany [CO-G] by the Committee. Moreover, while Germany’s legislation regarding claims of discrimination is exemplary in that the accused must prove that no discrimination took place instead of having the claimant prove that it did indeed occur
(Consideration of reports – Germany [COR-G] para. 6), there are still some loopholes visible within the legal framework. One such loophole is the above-mentioned issue of violence and discrimination occurring in the private sphere as well as an absence of any mention regarding legislative measures to tackle digital sex crimes within the reports analyzed. Also of concern is
[40] its implementation of CEDAW. Though partly integrated within Germany’s legal system, this is mostly done in an indirect manner, as a part of the country’s general gender mainstreaming approach (Twenty-fifth Anniversary [BJ-G] 468). However, Germany’s detailed definition of what accounts for sexual assault and therefore a crime (BJ-G 35) are especially commendable, as well as its commitment to the prevention of female genital mutilation [FGM], forced marriage, and child marriage, both within and outside of the country (BJ-G 32-33).
In comparison, Nigerian legislative measures do showcase a willingness to implement measures that could ameliorate women’s lives, such as its law prohibiting marriage under the age of 18 years (Concluding observations – Nigeria [CO-N] para. 45.a) and its ratification of nine out of 13 currently existing human rights frameworks concerned with women’s rights
(National Beijing+25 Review [BJ-N] 15). However, Nigeria particularly struggles to harmonize its three existing legal systems – statutory, customary, and sharia. This, in turn, leads to difficulties regarding the implementation of legislative measures meant to protect women and better their lives. Most concerning, however, is that this has also meant that the issue of VAW, especially sexual or domestic violence, is not directly criminalized.
Compared to these two countries, South Korea has largely focused on revising its existing laws or implementing new ones to prevent discrimination and VAW. Especially when it comes to preventing and prosecuting digital sex crimes (Consideration of reports – South Korea
[COR-SK] para. 16-17) as well as crimes committed against children (National Review [BJ-
SK] 12; 56), South Korea has improved its legislative measures. Yet South Korea does not have a specific law against discrimination (Concluding observations – South Korea [CO-SK] para.
12), least of all one regarding gender-based discrimination, which creates an obstacle when it comes to prosecuting and preventing such discriminations.
8 The countries’ reports regarding Beijing+25 are unfortunately not formatted into specific paragraphs. Instead, the concurring page number will be provided in these cases.
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One similarity all three countries share is that each of their constitutions claims that men and women are and should be treated as equal before the law (BJ-G 1; Consideration of reports
– Nigeria [COR-N] para. 2.1; COR-SK para. 6). Moreover, while all three countries have their own particularities and focal points regarding legislative measures, they all illustrate a certain willingness to improve their legal systems and existing measures meant to protect women and their rights. Nevertheless, these differences regarding the countries’ legislative measures heavily influence the legal protection guaranteed to and provided for their female citizens; a fact of particular importance when it comes to the issue of sexual violence, its prevention, prosecution, and elimination.
4.2. Conduct Regarding the Aftermath of GBV
Also of interest is how each of the countries views and handles the aftermath of GBV.
Within its reports, Germany is very much focused on assisting survivors of VAW. Because most of the jurisdiction regarding this issue lie with the individual Bundesländer and not the
Federation, the precise nature of the provided assistance varies. However, it is stated that women’s shelters, safe houses, and specialized counselling centers are available on a local level nationwide (COR-G para. 126). At the center of Germany’s approach regarding the assistance of survivors is the Violence Against Women hotline, which is free of charge, available 24/7, anonymous, and can provide information on how to proceed after someone has suffered violence in 15 different languages (COR-G para. 114). Moreover, dealing with the perpetrators is mentioned only in regard to domestic violence to prevent a repeat offence (BJ-G 26).
In Nigeria, the focus is on assisting survivors as well. While hotlines, though available, are not all toll-free or running 24/7, the country nevertheless employs a multi-faceted approach.
This becomes obvious in paragraphs 3.16 to 3.20 of the COR-N which outline some of the implemented measures, such as shelters, counselling, and medical care. However, no measures regarding the handling of offenders or details regarding prosecutions are specified.
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A similarly multi-faceted approach is depicted within South Korea’s reports. Yet in these reports, the focus is not only placed on shelters and support centers as well as counselling (BJ-
SK 48-52), but also on strategies on how to deal with perpetrators (BJ-SK 78). Especially commendable is the commitment to making it easier for survivors to come forward (BJ-SK 52) and the special support provided to child or adolescent survivors (COR-SK para. 65). Also of note is the nature of the support available for survivors, which includes vocational and financial assistance (BJ-SK 48-49) alongside medical and psychological help, thereby allowing the survivors to regain control and their own agency.
4.3. Governmental Systems
As already briefly mentioned, the governmental systems also play a large part in the continuing existence of gender inequality within the three countries. In Germany, the differences between the Bundesländer as well as between them and the Federation as a whole can lead to an uneven level of gender inequality and a diverging amount of implemented measures to tackle the issue (CO-G para. 9). However, the Federal Anti-Discrimination Agency does exist as a body that operates on the federal level and provides support for people who have suffered discrimination (BJ-G 62). Moreover, on the federal level, a comparatively large number of women are politically active (COR-G para. 49), whereas little to no information is presented regarding this percentage on the Bundesländer or local level. Due to an overall recent drop in political participation by women (BJ-G 5), young women are particularly encouraged to get involved in politics (BJ-G 43).
Nigeria has a similar problem in that its governmental and political structure creates difficulties in regard to implementing nationwide and matching approaches to tackle gender inequality (CO-N para. 9.a). The political engagement therefore varies throughout the country, depending on geographical location (BJ-N 10). A lack of resources for initiatives enhances this issue (CO-N para. 17). Commendable though, is Nigeria’s openness to peer review its initiatives
[43]
(BJ-N 21) as well as the attempts to include women in the councils of traditional rulers (BJ-N
14).
The South Korean government equally has to deal with a low percentage of women involved in politics (CO-SK para. 28) and is therefore implementing measures, such as requiring the parties to nominate women (COR-SK para. 53-54), to further the political involvement of women. Moreover, to gain a more detailed and complete overview over the issue of gender inequality, the government is planning to establish a new online database (BJ-SK 88). Other measures include the establishment of gender equality policy officers throughout the country
(CO-SK para. 16) and, particularly interesting, a very own Korean pendant to the UN Gender
Equality Index (COR-SK para. 47).
Though all three countries grapple with an inadequate number of women involved in politics, this presents itself differently due to the countries’ inherent diversity. Especially of note here is the struggle of Germany and Nigeria due to their non-uniform governmental systems.
4.4. Culture
Another important aspect to consider is the notion of culture or society. In the German reports, it is stated that traditional gender roles have become less prevalent in recent years, as exemplified by women being the main breadwinners within families (COR-G para. 28).
However, within the CO-G the continued existence of conservative gender roles as well as stereotypes and myths regarding rape are criticized (para. 25.f). That these gender roles remain a barrier despite approaches such as No clichés and Girls’ Day (BJ-G 55), also becomes obvious regarding the representation of women in media. While Germany does have a project concerned with regulating advertising to avoid sexist narratives (COR-G para. 24), there is no mention within the reports how this is handled in regard to German movies or TV shows. This is
[44] particularly important due to the continued negative depiction and therefore multiple discrimination of migrant women in German media (CO-G para. 21.c).
In comparison, Nigeria has one of the biggest film industries in Africa (Nollywood), which unfortunately perpetrates gender roles and stereotypes (BJ-N 49). The negative consequences of such discriminatory narratives are reiterated multiple times throughout the Nigerian reports, which does showcase an awareness of the issue. This is emphasized by the implementation of measures that include faith based and traditional organizations to raise awareness of gender roles (COR-N para. 5.4). An apparent reluctance to report cases of abuse and seek support
(COR-N para. 6.8) also underscores the continued association of shame with sexual or other kinds of VAW. Interestingly, within the COR-N, Nigeria highlights that by trying to conform to international benchmarks, particularly in the field of economy, the issue of national gender inequality is actually accelerated (para. 2.18), thereby hinting at the negative impacts of colonialism, neo-colonialism, and contemporary globalization.
It is interesting that the South Korean reports barely focus on the cultural aspect of gender inequality at all. While discriminatory content is prohibited on TV and the media is monitored
(BJ-SK 16), it seems as though the solutions and therefore the problems of gender inequality are thought to lie in the legislative and governmental realm and not with culture. This is criticized and challenged by the Committee, which states that gender roles in South Korea are conservative, highlighting the stigmatization of survivors of sexual violence as well as single mothers (CO-SK para. 22.c; 34.a), since this stigmatization implies that women are not supposed to be sexual beings outside of marriage. This narrative is in stark contrast to the actual portrayal of women in South Korean media. Especially due to the recent increase of global interest in K-dramas and K-pop, this is highly worrisome. However, it does appear as though the #MeToo movement has brought the issue of gender roles to the forefront of the public’s mind (BJ-SK 16).
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4.5. Education
Differences between the examined countries are also noticeable regarding education.
Whereas Germany provides free sex education, albeit varying depending on geographical location (CO-G para. 33.a), which covers topics such as relationships, parenthood, and sexuality
(COR-G para. 172), this kind of education is not mentioned in the Nigerian reports at all. South
Korea, in comparison, does provide nationwide sex education (COR-SK para. 21-22), but is criticized for the conservative and discriminatory narrative perpetuated by this education (CO-
SK para. 36). Moreover, CEDAW and concurring human rights are part of the curriculum of law courses at German universities (COR-G para. 16), and translations of and information about this convention are readily available and distributed (BJ-G 47).
In Nigeria, the low literacy rate of women and girls (approximately 60 percent) acts as a barrier when it comes to educating them about their rights (BJ-N 28). This is further negatively impacted by the large number of young girls out of school even at primary school age (COR-N para. 8.3). However, other measures, such as annual enlightenment campaigns about VAW
(COR-N para. 3.19) and the inclusion of men and people in positions of power in education regarding GBV (COR-N para. 3.20), are important steps the Nigerian government is currently taking.
A similar approach is shared by South Korea, where preventive education is one of the main measures to spread awareness about VAW. For example, employers and employees are equally required to receive sexual harassment prevention education (COR-SK para. 41). Additionally, human rights, gender inequality, and gender values are part of the national school curriculum
(BJ-SK 41), and public institutions are required to submit annual educational performance reports to the government (BJ-SK 53).
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4.6. Health Care
Another important area is the issue of health care. Within COR-G, it is stated that Germany teaches a positive attitude towards sex (para. 168). This, alongside the provision of high-quality medical care for everyone (COR-G para. 170), has led to an increased ability of women to better protect themselves, take care of their health, and make informed decisions. This has in turn led to a decline of abortions due to a concurring drop in unwanted pregnancies (COR-G para. 173).
Prevention campaigns and specific health education for vulnerable groups have also slowed the spread of HIV and other STDs within Germany (COR-G para. 168). The provision of free HIV tests included in prenatal care has also lowered the rate of mother-child transmissions of HIV in Germany (COR-G para. 171). However, while contraceptives are free until the age of 22 (BJ-
G 27), a woman’s income does heavily impact her accessibility to them once she is past 22 years old (CO-G para. 37.a). Another concerning aspect is that, while abortion is legal until a certain amount of weeks have passed, a woman’s choice regarding abortion is significantly influenced when she expresses her decision to abort, due to a mandatory three day waiting period as well as obligatory counselling (CO-G para. 37.b).
In comparison, Nigeria struggles with a high number of HIV-infected individuals within its borders, the majority of which are women (COR-N para. 10.8). Worrisome in that regard is the lack of resources that would enable the provision of health care for everyone that needs it (BJ-
N 32). Furthermore, while maternal health services are free for pregnant women, the access to contraceptives is still very limited (CO-N para. 37.c). This in turn influences the rate of abortions. Since abortions are illegal in Nigeria, except for cases in which the mother’s life is in danger, many women resort to unsafe abortions (CO-N para. 37.b), which can lead to infections, infertility, and death.
The South Korean approach is similar to the Nigerian approach in that abortions are punishable as a crime (CO-SK para. 42) and a large amount of health care initiatives are aimed
[47] at married and pregnant women (CO-SK para. 40). Additionally, due to the low birthrate in
South Korea, the government is very much focused on improving health care for pregnant women and new mothers (partially funded by the government) as well as treatments that increase the chances of pregnancy (BJ-SK 39). Of note here is also the perception of menstruation, contraception, and hormone treatments as something private and sensitive (COR-
SK para. 122), not to be talked about. This again reiterates the notion of women as non-sexual beings outside of marriage. Additionally, it also creates an atmosphere of shame regarding natural and biological processes that half of the population on earth are experiencing regularly.
4.7. Trafficking in Persons
An additional area with which each country deals differently is trafficking in persons. While it is indicated that this does occur in Germany (COR-G para. 143), a lack of detailed information implies that this is not such a big issue. Noteworthy here is also the conundrum of the Schengen area which makes any prevention of trafficking across Schengen borders more difficult. A similar impression is being given by the South Korean reports. Of interest is that instead, the crux of the problem of sexual exploitation is perceived to be situated in the red-light districts and businesses (BJ-SK 53). This emphasizes the above-mentioned impression that women in
South Korea are not supposed to be sexual beings outside of marriage. Nigeria, on the other hand, struggles majorly with the issue of trafficking in persons (CO-N para. 27.a). However, apart from creating an offender-register and providing centers that support rescued survivors, there seem to be no concrete plans in place to eliminate this problem.
4.8. Country-Specific Issues
On top of that, each country also has issues to deal with because of their unique backgrounds and current positions within global politics. For example, as part of the European Union [EU],
Germany is cooperating with and required to implement EU regulations, which also impacts
[48] measures to tackle gender inequality, such as the Istanbul Convention (BJ-G 4), as well as the management of the so-called European ‘refugee crisis’ beginning in 2015 (BJ-G 4-5; 9). On the other hand, this also provides Germany with a platform to raise awareness and work on Europe- wide strategies regarding gender inequality and VAW, as exemplified by Germany’s aim to focus on this issue during its upcoming EU Council Presidency in the second half of 2020 (BJ-
G 16). In certain areas, such as justice and redress regarding divorce procedures (COR-G para.
49.d), Germany also still struggles due to its division into two separate countries from the end of WWII until 1989.
Nigeria, in comparison, is currently heavily impacted by the increase of terrorist activities within its borders, especially by the rise of Boko Haram since 2009 (CO-N foreword). These activities include the abduction of schoolgirls for purposes of sexual slavery, which is also leading to an increase of internally displaced persons within Nigeria and the issue of
‘transactional sex’ within their accommodations/camps (CO-N para. 15.c).
On the Korean peninsula, the lasting division into two separate countries continues to influence South Korean politics: On the one hand, this includes the training and specific inclusion of female politicians in the recent peace talks with North Korea (BJ-SK 74), while on the other hand, South Korea offers services for and support of female refugees from North
Korea (CO-SK para. 22.g; 24.b). Further of note is the continued dispute between South Korea and Japan regarding the matter of so-called Comfort Women – mostly Korean women forced into sexual slavery by the Japanese Imperial Army during WWII (CO-SK para. 26).
This brief outline of issues inherent to each country showcases just how much the country- specific backgrounds and current positions within global politics can influence and enhance the
[49] differences between these countries and the problems they have to tackle. These observations are further underlined by the statistics presented in table 1 and figure 5.
Table 1: Statistics 2019 (adapted from UN Data, United Nations Development Programme)
Figure 5: National Action Plans regarding Violence (adapted from Violence Info)
4.9. Current Major Challenges and Priorities for the Next Five Years
Finally, within their respective reports for the Beijing+25 Review, each country indicated where it perceives its major challenges when tackling gender inequality as well as its priorities
[50] for the next five years. These statements can very much be seen as broadly summarizing the above-outlined particularities of each country. While Germany identifies the lack of balance between work-life and home-life for women as a major challenge yet to overcome (BJ-G 1), it does not view gender roles, VAW, or discrimination due to multiple aspects of identity as such a challenge. It does, however, proclaim the elimination of VAW as one of its future priorities
(BJ-G 13). Of interest here is also the prioritization of women’s contributions to society, both at home and at work, as well as its commitment to tackle gender inequality in other countries
(BJ-G 13-14). These classifications paint a highly capitalist picture of women and their role in society. Moreover, by leaving out VAW as one of its major challenges but putting it as a priority in addition to wanting to ameliorate women’s lives in other countries, the impression that VAW does not occur or is at least not a severe problem in Germany remains. The above-outlined analysis proves this perception to be untrue.
In a similar vein, the review by South Korea barely mentions any major challenges at all.
Only once does it allude to perceived gender inequality within society (BJ-SK 7). Interestingly, the review’s focus, while briefly including this aspect and stating that VAW should be eliminated, is very much on women at work, both at home and in a compensated environment
(BJ-SK 22-23). This gives a similar impression as the German review: gender inequality, if acknowledged at all, is only perceived as really occurring in the realm of employment, implying that other forms of gender inequality do not exist. This is, again, a misconception. What is even more striking is the comparison of these impressions to the one given by the Nigerian review.
Nigeria specifically classifies gender stereotypes and cultural barriers as well as the intersectional nature of discrimination as one of its major continuing challenges. It furthermore acknowledges its inadequate funding and difficulties in implementing legislative measures that could improve women’s rights (BJ-N 55). It addresses these issues by prioritizing the securement of more resources, both of a material as well as an informational nature, and also
[51] highlights the importance of increasing the percentage of women within the domain of decision- making (BJ-N 57).
Without the above-outlined analysis, this would imply that Nigeria, in comparison to
Germany and South Korea, is severely lagging behind in regard to gender equality. Yet as showcased, gender inequality is just as much prevalent in both countries as it is in Nigeria, albeit in different contexts. All three countries can be criticized for not prioritizing the elimination of sexual violence or the improvement of their health care and educational services.
But out of the three of them, Nigeria is the country most aware, or at least willing to acknowledge, the cultural influences on gender inequality, while the reports by Germany and
South Korea almost read as though these inequalities do not exist in their countries. As will be discussed in the following chapter, cultural and structural systems and narratives are just as much, if not more, important when it comes to the issue of inequality and how it can be eliminated. In that regard it seems almost ironic that the least privileged and developed out of these three countries – at least economically speaking – is actually the one the most aware of, or rather the only one willing to acknowledge, the realities women face every day because of cultural and structural barriers. This goes to show that Western or largely Westernized countries and their neo-liberal9, capitalist ideologies are not as superior and progressive in comparison to developing countries as they might like to pretend.
4.10. Significance of Results
This analysis has therefore shown that sexual violence against women is very much not universal in its occurrence, its handling, and its consequences. As highlighted, although the survivors of sexual violence as presented in this thesis are all women, their nationalities very
9 Following three main schools of analysis on neo-liberalism, the term can be defines as referring to 1) the upward redistribution of economic resources from the poor and working classes to the elite (Neo-Marxist), 2) a cultural project in which market rationalities become embodied by self-regulated, self-responsibilized subjects (Neo-Foucauldian), and 3) a new mode of statecraft which entails a shift from the welfare state to the carceral state (State Transformation). (“What is Neoliberalism?”)
[52] much influence the circumstances surrounding sexual violence against them. Linking the results of this analysis to the main characteristics of the three theories outlined in chapter 3, it becomes clear that these results provide an empirical backing for the theoretical claims at the center of these theories. These findings highlight that, concurring with the overlapping characteristics of the theories summarized in figure 4, there exists an important interplay between two or more aspects of identity of individuals, in this case the gender and nationality of women, which heavily influences their experiences within the apparent multiple systems of domination and oppression present within societies. This furthermore emphasizes that it is not possible to merely group the women who have suffered violence into a single group, since there would exist an incessant amount of in-group diversity that is in direct contrast to the unifying claim of an inherent commonality simply based on the aspect of gender.
The above-outlined analysis further highlights that what can be considered the status quo within one country can very much be the opposite of the status quo in another. Acknowledging the alternative perspectives based on the diverse lived experiences of the women in these three countries is therefore of extreme importance when it comes to establishing an international convention that can adequately address and therefore eliminate the issue of sexual violence against women, since clearly a ‘one-size fits-all’ solution would be remiss in encompassing the unique situations of women.
The empirical results of this analysis hence emphasize the inherent importance of the three theories used within this thesis in regard to VAW, thereby justifying the following assessment of four of the most important international conventions concerned with women’s rights by applying the Multi-Ethnic Feminist, the Feminist Postcolonial, and the Intersectional Theory to these conventions.
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5. Examining the Concurring International Conventions
5.1. The Universal Declaration of Human Rights
The Universal Declaration of Human Rights is one of the first major conventions adopted by the newly established UN after World War II. It was officially approved on
December 10, 1948, with the large majority of the UN-member states – 58 at the time – voting in favor of it. Though technically not legally binding, its 30 articles, which outline the inherent human rights of a person, can be seen as the foundation for any following human rights legislation, and the UDHR is now considered as part of the International Bill of Human Rights of 1976.
One of the major focal points of the UDHR is the concept of equality. Special emphasis is being put on the aspect of human rights as being inalienable and equal for every human being, as outlined in the preamble and article 1 of the declaration. These rights entail but are not limited to the right to freedom (Universal Declaration of Human Rights 1; 4)10, equal recognition as a person before the law (6), and universal suffrage (21). Of note here is the consistent usage of the words “everyone”, “all human beings”, and “no one” throughout the entire text.
However, the language that is being used is very gendered, highlighted by the repeated occurrence of the word “his” as well as the terms “mankind” and “man” in the preamble. The concept of equality can therefore be interpreted as coming across a bit oxymoronic. On the one hand, the declaration takes special care to emphasize that every single human being is entitled to their human rights. But on the other hand, the gendered language gives the implication that, while women do count as part of human beings, the focus is still very much on the rights of
10 Henceforth, the specific text passages of each document implicated in this thesis will be formatted in the following way: annex number / chapter indication / article number and sub-article number (only where applicable). Moreover, unless otherwise clarified, within these four sub-chapters, the basis of all references will be the specific document these chapters are each dealing with. These references will therefore only include the particular article/s within the document that the reference is relating to.
[54] men. This “use of the word ‘man’ as a generic term for human” (Ulrich 639) is undoubtedly influenced by the historic context this declaration was written in. Nevertheless, as one of – if not the – most important international convention on human rights, it is striking that women appear to be a mere afterthought, a theoretical addition to the concept of human beings, while the concepts of man and mankind are at the center of these rights. This inherently male- dominated perception of reality is specifically criticized by Multi-Ethnic Feminist and
Intersectional scholars who reject the existence of a single and unanimously shared experience of being, as is being implicated by this depiction of equality within the UDHR. This concept of knowledge that bases the human experience solely on the experiences of (white) men, especially its origins as well as its unquestioned acceptance, is also harshly rejected by Feminist
Postcolonial scholars. Indeed, one of the overlapping characteristics of these three theories, namely that the perceived status quo cannot simply be considered incontestable, but that the inclusion of alternative perspectives is vital when trying to encompass the realities of all human beings, is in stark contrast to the notion of equality as presented within the UDHR.
This impression is further emphasized by the lack of acknowledgement that, while every human being does deserve the enjoyment of their full human rights, human rights violations against particular groups of people are still, and also were at the time this declaration was written, very much occurring. The UDHR consequently comes across as more of a utopian and entirely theoretical approach that unfortunately does not take the realities of many people around the world into consideration, thereby opening itself up to critique from Multi-Ethnic
Feminist, Feminist Postcolonial, and Intersectional scholars and activists alike, who are advocating for the inclusion of aspects of identity such as gender, ethnicity, or religion within such international conventions. It almost appears as though, rather than acknowledging these different realities, the Universal Declaration of Human Rights is employing a very broad outlook on the rights of people, kind of like its perspective on human beings is informed by a
[55] bird’s-eye view11, instead of from close-by to or as part of the diverse experiences of human beings.
The concept of diversity itself is furthermore not mentioned within the declaration, although articles 2 and 7 do highlight that no one shall be discriminated against and/or have their rights infringed upon based on characteristics such as race, color, sex, language, or religion. While this implies a certain awareness that some characteristics of an individual might lead to their discrimination or them being unable to fully enjoy their human rights, not only is this acknowledgement rather fleeting in the context of the entire declaration, but it also negates the existence of other such characteristics such as dis/ability, employment status and income, or sexual orientation.
Furthermore, besides a brief acknowledgement of the existence of this kind of discrimination, the declaration does not further concern itself with this issue, nor does it, as
Charlesworth points out, discuss the rights of minorities (“The Mid-Life Crisis” 784). The declaration thus neglects to mention not only possible solutions for discrimination based on aspects of an individual’s identity, but also their mere existence. From a Feminist Postcolonial point of view, one could therefore challenge the actual representativeness of this declaration as well as contest its grouping of all human beings into a single collective of beings that share the inherent commonality of being homo sapiens; a notion that is strongly criticized by all three theories.
Another important focal point of the declaration, especially considering the topic of this thesis, is the right to health and well-being, particularly applied to women, which consists of physical, mental, and emotional factors. In that regard, the UDHR highlights the inherent
11 A bird’s-eye view is, as the name implies, a term used to describe the view for a high angle, i.e. as though seen by a bird in flight. It is often used to describe a broad overall and cursory look at something as opposed to a close-up picture. The term is a widely used concept especially within the fields of art and filmography. (Bird’s-eye view)
[56] dignity and worth of every human being (preamble; 1), the right to life, liberty, and security of person (3), and that no one should be subjected to torture or inhumane treatment (5). Moreover, it mentions the right to equal rights of spouses before, during, and after marriage (16), the right to protection of the law against interferences and attacks (12), the right to social security and employment (22; 23), and the right to a certain standard of living that is adequate for the health and well-being of a person and their family (25.1). This showcases that not only physical health is important to the well-being of a person so that they can enjoy their human rights, but also the aspects of freedom, dignity and honor, and mental health. Being physically and mentally healthy, unburdened, safe, and secure are therefore vital for the full enjoyment of a person’s human rights.
However, the declaration fails to include those individuals who, for whatever reason, do not fit the standard definition of healthy, such as people with disabilities, and what this non- conformity implies for their rights. This ableist12 perspective is therefore very susceptible to the discrimination of such individuals and the UDHR fails to ensure not only the protection of these individuals and their rights, but also to allow them to enjoy these rights as fully as possible.
This can, again, be criticized by applying the three theories used within this thesis, which all, albeit with different terminology, stress the importance of looking at and including different contexts in which oppression and privilege occur. Skarstad additionally points out that people with disabilities are often seen as lacking the autonomy required to have human rights (25).
One can therefore claim that this grave oversight to include the human rights of people with disabilities in the UDHR has been one of the reasons that it took the UN until 2006 to implement
12 Ableism refers to the discrimination of disabled individuals on the assumption that able-bodied individuals are normal and superior to those with a disability. Ableism emerged as a concept in the 1960s and 1970s, following the advocacy of disability activists. (Ableism)
[57] the first international human rights convention13 that firmly refutes this narrative and highlights that the applicability of human rights are not dependent on a person’s dis/abilities.
As already pointed out, women are seldom specifically mentioned within the UDHR, something that has been heavily challenged by feminists who underline that women are and should therefore also be considered as subjects in their own rights. One instance where women are mentioned is article 25.2, in which it is stated that women as mothers are entitled to special care and assistance. This is certainly important to ensure the rights of women, yet it also implies that, while women are supposed to be seen as equal members of society, they seem to be especially worthy of assistance when they are mothers – not in appreciation of everything they do as mothers, but seemingly because of the importance of the child. This implication is even more evident in the second sentence of this article, in which the absence of any further mention of women as mothers, or any mention of women at all, is rather striking. Additionally, the declaration fails to specifically state women’s worth as women. In a rather oxymoronic twist, this depicted particular worthiness of mothers actually creates a kind of in-group diversity, not just of the collective ‘human beings’, but of the one of women as well, thereby entirely contradicting the very own definition and impression of equality as depicted within the UDHR.
Coupled with the above-mentioned impression of men being at the center of the rights laid out in this declaration, it almost seems as though women are only seen and worthy of being seen in their capacity of giving birth and raising children, which thus makes the entire notion of equality of all humankind seem void. Indeed, as Charlesworth concludes, “[w]omen enter the picture only insofar as they are connected to men.” (“The Mid-Life Crisis” 783)
Ideological perspectives are thus very much apparent throughout this text. The influences of capitalist and neo-liberal ideologies, for example, become obvious through the
13 Namely the United Nations Convention on the Rights of Persons with Disabilities (CRPD).
[58] repeated focus on the concept of freedom. Freedom itself, however, is never concretely defined and the interplay between freedom and justice is ignored. Additionally, the concepts of democracy (29) and nationality as well as the nation state in general (15) reveal the Western and Westphalian14 philosophies of the drafters.
Also of note is the framing of the family as the “natural and fundamental group unit of society” (16) since this implicitly heteronormative15 and stereotypical image of family indicates a certain superiority over other types of interhuman relationships. Other types of society or community, such as tribes, and non-normative interhuman relationships, for example same-sex marriages or the notion of finding one’s own family through the friends one makes, are completely absent from this document. Instead, the declaration is very much shaped by Western and normative perspectives. It thus automatically leaves out and therefore potentially discriminates against other, non-traditional, and non-Western points of view. Qureshi aptly encapsulates this impression by stating that the “human rights conceptual framework is deeply gendered and it privileges a certain set of normative commitments.” (41) This is again in stark contrast to the belief of Multi-Ethnic feminists, Feminist Postcolonial theorists, and
Intersectional scholars that argue in favor of challenging any perceived status quo and advocate the need for providing and including alternative perspectives.
It is important to mention that, just like any other convention, this declaration is very much a product of its time and the context it was written in. The UDHR is a direct result of the experiences of the Second World War and, above all else, the international community was at the time deeply concerned with never allowing atrocities like those that occurred during WWII
14 The term Westphalian refers to the system of states or international order made up of sovereign nation states as it was supposedly established by the Treaties of Westphalia in 1648. (Osiander 251) 15 Heteronormativity is a term defining the Western social norm that the majority of sexual and romantic relationships in society are heterosexual in nature. This assumption heavily influences the social, cultural, political, and economic organizations of most states, especially those considered to be Western. (Jeppesen 493)
[59] to happen again (History of the Document). The document itself was drafted by the first iteration of the Commission of Human Rights, the predecessor of today’s Human Rights Council, which then consisted of 18 members from various political, cultural, and religious backgrounds. The chairwoman of this committee was Eleanor Roosevelt, the widow of the US-American president Franklin D. Roosevelt (What is the Universal Declaration of Human Rights?). Yet the rest of the committee was made up entirely of men and, as Charlesworth states, “[t]he language of the Universal Declaration reflects this uneven representation of the sexes”. (“The
Mid-Life Crisis” 782) The lingering impacts of WWII and the division of the world into West and East, especially the difficulties to find common ground during such a time, are still visible in the declaration in the way they influenced certain wordings and focal points of this historic convention.
To summarize, regarding the acknowledgment of the diverse circumstances of women, indeed the very concept of the diversity of ‘being a woman’ – be that in regard to sexual violence against women or in general – this declaration is unfortunately severely lacking, as emphasized by the critique provided through the application of the three theories. Nevertheless, not only because of its historical context, but especially because of its continued influence as the basis for any further human rights conventions, the Universal Declaration of Human Rights is a vital convention that, at least in general, is meant to ensure the protection of women’s human rights.
5.2. The Convention on the Elimination of All Forms of Discrimination
Against Women
The Convention on the Elimination of All Forms of Discrimination against Women is considered as the convention on women’s rights. Adopted in 1979, this 30-articles-long text focuses primarily on the civil and political rights of women, as well as on their economic, social,
[60] and cultural rights (Törnqvist 42). As of today, a total of 189 states have ratified CEDAW, 99 of whom are also signatories of this convention; Germany, Nigeria, and South Korea are among the signatories (Human Rights: Convention on the Elimination of All Forms of Violence).
Similar to the UDHR, equality is one of the main focal points of the 1979 convention.
This is not surprising since, in the preamble, the equal rights of men and women as laid out in the Charter of the UN as well as their depiction within the UDHR are reaffirmed. This is emphasized by the repeated usage of the phrase “equality of rights of men and women” throughout the preamble. In contrast to the UDHR, though, CEDAW acknowledges that discrimination nevertheless persists and that this violates the human rights of the discriminated individuals.
Moreover, the very first article of the convention specifically defines discrimination against women as “any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women”. This highlights that specific attention is being given to make sure that discrimination cannot be justified on the grounds of an unclear definition of the term discrimination. Gender- based discrimination is then further condemned, and the states are urged to ensure gender equality (2). Gender inequality is therefore not only acknowledged in general, but also identified as a violation of women’s human rights, with a call for more involvement by all countries worldwide to tackle this issue.
Additionally, the issue of discrimination based on all forms of racism is highlighted in the preamble, which infringes upon the human rights of those discriminated, specifically the right of people to self-determination and independence. Looking at this from a Feminist
Postcolonial perspective, mentions of the continuing negative impacts of colonialism and racist
[61] ideologies are specifically noteworthy, particularly because the right of every person to be free and independent is emphasized at the same time.
The issue of diversity is further apparent in articles 10 and 11, in which the importance of leveling the playing field for everyone, i.e. creating the same conditions for everyone, is accentuated. While this is in general very important, these two articles unfortunately negate the fact that even if such same conditions were to exist, due to the diverse backgrounds of people, there would still be unequal opportunities to even reach a place where those same conditions could apply. While the concept of equality is hence at the center of these articles, the concept of equity, which actually takes into account the diversity of human beings, is not considered at all.16 Moreover, as Charlesworth argues
[t]he ideas of equality and nondiscrimination […] are very limited in the sense that they promise equality on male-defined terms only. The terms of the Convention require that women be treated in the same way as a similarly situated man […] [and thereby do] not recognize the effects of structural discrimination. (“The Mid-Life Crisis” 787)
Charlesworth’s argument showcases that instead of including alternative perspectives, within
CEDAW, the status quo, in this case the realization and foundation of human rights as based on the male experience, is not challenged at all, but instead even perpetuated; a characteristic that all three theories severely criticize.
Additionally, while discrimination on the grounds of race is mentioned at least within the preamble, CEDAW does not include any mention of discrimination due to religion, sexual orientation, or dis/ability, amongst others. This implies that women are viewed as belonging to a group that all share the same experiences and are all discriminated against only on the grounds of their gender and, at most, also their race. This is severely criticized by Multi-Ethnic Feminist,
Feminist Postcolonial, and Intersectional scholars alike, as outlined in figure 4.
16 Equality generally refers to the concept of providing everyone with the same level of opportunity, whereas equity takes into account that in order to reach such a same level, various levels of support and assistance must be provided to individuals depending on their specific needs, abilities, or general circumstances. (What is Gender Equity?)
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Regarding the health and well-being of women, CEDAW is more detailed than the
UDHR. For one, it mentions that women’s freedoms must be protected by the states against trafficking or any other exploitation of prostitution of women (6). This implies that being subjected to sexual trafficking and exploitation has a grave and negative impact on the health and well-being of women. In terms of the protection of women, it is also further specified that special protection must be guaranteed to pregnant women employed in types of work that have proven to be harmful (9.2.d). Additionally, the convention advocates for the provision of information regarding reproduction (10.h) and the elimination of all discrimination in the field of health care and access to appropriate services in connection to pregnancy (12). Health care and general well-being are therefore considered as inherent to women’s enjoyment of their human rights.
However, the portrayal of information about reproduction with special emphasis on the issue of pregnancy implies that pregnancy and birth are of more importance than women’s general reproductive rights (a term which is not used in the convention at all). This in turn suggests that women should not be sexual beings outside of the purpose of reproduction. This is exemplified in article 6, which “characterizes ‘all prostitution as ‘exploitation,’’ and all sex workers as apparently in need of protection from those who exploit them.” (Rosenblum 172)
Rather than being portrayed as persons with their own agency, especially regarding their sexuality, women are completely victimized. This is in direct contrast to the Multi-Ethnic
Feminist conviction of regarding women as subjects in their own rights as well as the Feminist
Postcolonial aim to challenge the objectification of women, especially those of color. Moreover, it is not specified who should have access to this educational information regarding reproduction, which gives the impression that only women need to be informed about this topic.
Also of concern is the lack of any mention regarding the emotional or mental well-being of women, thereby implying their lesser or even completely absent importance.
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Most striking, however, is the absence of any mention of VAW. This, although likely unintentionally on account of the drafters, does give the impression that VAW does not exist and is therefore not a problem; a narrative that is highly problematic in general, but especially so when read through the lens of the three theories.
Additionally, women are generally depicted in a rather worrying manner throughout this convention. In its preamble, for example, discrimination against women is being depicted as something that “hampers the growth of the prosperity of society” and “of the potentialities of women in the service of their countries and of humanity”. On top of that, women are being showcased as important contributors to the welfare of the family (preamble) and especially as mothers (11.2.d). While that is undoubtedly true, it portrays a worrisome picture of women:
Their worth, it seems, is profoundly intertwined with what they can do for society, i.e. how they can be of service, which in turn implies that a woman simply as a woman does not have the same worth. This, again, is problematic, especially when looked at from a Multi-Ethnic
Feminist or Feminist Postcolonial lens, since these theories stress the importance of regarding women as subjects instead of as mere objects. However, article 3 does state that women have the same inherent rights as men (a notion that can be and has been criticized above), thereby implying that this entails all women, whether they are of service or not. Throughout the convention, women are depicted in one of three ways: either as wives and mothers, as persons equal to men, or as victims (Rosenblum 137), but never as persons with worth and agency on their own, i.e. never as subjects in their own rights.
Furthermore, article 16.1.d states that the needs of children are paramount to those of their parents. This, alongside the repeated usage of the term family planning instead of reproductive rights throughout the whole convention, once again denies women their inherent worthiness and instead focuses entirely on their role as mothers. Article 16.1.d. is also precarious in that it does not mention how situations of abuse might impact these statements,
[64] thereby implying that when someone is being abused by their partner, the needs of their children are paramount and they should therefore stay with their abuser (though witnessing abuse situations is of course also detrimental to the children, even if they are not direct objects of the abuse). This article highlights a lack of consideration for the mechanisms of power as well as the systematic structuring of domination and oppression on the drafters’ side. This implication was very likely not consciously designed by the drafters of this convention. Nevertheless, coupled with the suggestion of women’s worth depending on their usefulness, this paints a rather concerning picture of women’s rights.
Moreover, while CEDAW does strongly criticize the prevalence of stereotypical and traditional roles of men and women within society on the grounds that they perpetuate the discrimination of women (5.a), the ideologies apparent throughout this convention appear rather conservative and stereotypical themselves, i.e. echoing the established male-dominated status quo. Like the UDHR, a heteronormative ideology is rather visible, exemplified by the traditional view on marriage (9.1) and the usage of the gendered term husband instead of spouse. Additionally, the usage of the term sex instead of gender, for example in article 1, as well as stating that there are only two sexes/genders (5.a) can furthermore be considered transphobic17.
Moreover, the neglect to mention men suffer because of sexism as well is rather problematic to the advancement of gender equity. Particularly within Intersectionality, the importance of inclusivity is stressed since only through the inclusion of everyone can an analysis of the social production that leads to othering and normalization on the one hand, and the creation of and relation between (multiple) systems of oppression and privilege on the other
17 Transphobia generally defines the dislike of and prejudice against transgender individuals. It is heavily influenced by the negation of the concept of gender. Instead, it is assumed that there are only two biological sexes and that people are born as either of those, and should therefore live their lives in conformity of that sex. (What is Transphobia?)
[65] hand, become possible. While some scholars, such as Holtmaat, argue that a broad interpretation of article 5 would allow for the inclusion of how gender stereotypes “directly affect the lives of all persons who renounce traditional heterosexual and patriarchal feminine and masculine gender identities and gender roles” (115), Holtmaat and Post point out that this is rather theoretical and might actually be counterproductive in terms of ameliorating the rights of women and of LGBTQ individuals (336). Indeed, in 2014, the International Gay and Lesbian
Human Rights Commission urged the Committee to include explicit references to sexual orientation and gender identity in future recommendations (1).
Further concerning is the notion that women should form self-help groups, especially in rural areas (14.2.e), which heavily perpetuates the neo-liberal ideology that everyone is responsible for their well-being themselves and does not require or should be given assistance; a depiction that once again disregards the real live contexts in which human beings exist.
CEDAW was created as a response to the increased awareness around the world about the continued discrimination of women that arose during the 1960s. This led to a request of the
UN that the Commission on the Status of Women prepare a declaration which would highlight this issue. This Declaration on the Elimination of Discrimination against Women was adopted in 1967, yet due to it not being a binding treaty, the Commission moved forward to create a working group that would draft a binding convention in 1972 (Napikoski). Against suggestions to delay the completion of its draft, the General Assembly, in time for the 1980 World
Conference on the United Nations Decade for Women: Equality, Development and Peace in
Copenhagen, Denmark, adopted CEDAW in 1979. The vast majority of members of the UN at the time, 130 to be precise, voted in favor of its adoption, while 10 others abstained (Short
History of CEDAW Convention). Throughout its drafting process and the eventual adoption of the convention, CEDAW was heavily influenced by the principles and goals of the United
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Nations Decade for Women, namely the promotion of equal rights and opportunities for women worldwide.
Compared to the Universal Declaration of Human Rights, CEDAW depicts a more detailed and slightly more accurate picture of the circumstances of women, particularly regarding the existence of gender-based discrimination. However, the diversity of women and how this impacts their individual circumstances is entirely ignored. On top of that, the implicated image of women and their inherent value as well as the troubling influence of potentially harmful ideologies severely impact the factual applicability of this convention. This is rather unfortunate considering the importance CEDAW continues to have to the advocacy of women’s rights.
5.3. The Declaration on the Elimination of Violence Against Women
The Declaration on the Elimination of Violence against Women is often considered as complementary to CEDAW. It was adopted on December 20, 1993, and has since become a vital instrument in the fight to tackle the unequal and discriminatory treatment of women. As its name implies, DEVAW defines VAW in its physical, sexual, and psychological forms, and highlights its existence both in the domestic as well as the public sphere.
It reaffirms the universal applicability of all human rights to everyone and highlights this universality regarding the principles of equality, security, liberty, integrity, and dignity of all human beings (preamble). However, it also acknowledges that, in reality, discrimination against women is still very much prevalent, and believes GBV to be “a manifestation of historically unequal power relations between men and women” (preamble). This awareness and inclusion of the concept of power is particularly commendable from a Multi-Ethnic Feminist point of view. GBV is further depicted as being a crucial social mechanism that not only limits women’s opportunities to achieve legal, social, political, and economic equality, but also as
[67] continuing to force women into a subordinate position compared to men. DEVAW recognizes the enduring failure to protect the rights and freedoms of women, particularly in regard to
VAW, and reaffirms women’s entitlement to the rights to, amongst others, life, equality, liberty and security of person, equal protection under the law, the highest standard attainable of physical and mental health, as well as to be free from all forms of discrimination (3).
Noteworthy concerning the concept of equality is the lack of any clarification of who discriminates against women. This might suggest, given the context, that only men can discriminate against women, while in reality, other actors such as institutions or even other women are also responsible for discrimination against women. In this regard, the declaration suffers from what Ulrich calls “imprecise drafting” (651) as it implies a concerning ignorance of the social production that leads to othering and normalization, and therefore oppression and privilege, as highlighted within Intersectional Theory.
Commendable on the other hand, is, in comparison to the UDHR and CEDAW,
DEVAW’s focus on diversity. Within the preamble, it is clearly stated that not only can everyone be affected by GBV, but some groups are especially vulnerable to violence.
Particularly the small but meaningful usage of the words “such as” when listing potential groups of women that can be specifically vulnerable, goes a long way to indicate that this list does not include all potentialities that can lead to such vulnerability. Additionally, it is highlighted that cooperation on all levels, such as international, national, and regional, is key to tackling VAW
(4.q; 5.a).
Unfortunately, there is no mention of the fact that one can belong to several of the groups considered vulnerable to violence and how this might impact the circumstances of those affected. Any intersection between these aspects of vulnerability is therefore overlooked. This, similar to the depiction of equality within DEVAW, disallows an informed knowledge of the
[68] interplay between two or more aspects of identity and how they are influenced by, exist in, and perpetrate multiple systems of oppression and privilege, as accentuated within the three theories. Moreover, while the need for measures directed towards eliminating violence against women who are particularly vulnerable is highlighted (4.l), the focus on establishing universal measures, i.e. ‘one-size fits-all’ types of solutions (5.f), is rather prevalent. This focus, coupled with the fact there is no mention that one must be sensitive to the diversity of women and their circumstances when trying to assist them with overcoming their experiences of VAW, implies that all experiences of GBV are basically the same. This groups all women into a single unit simply based on their gender and completely ignores the existence of in-group diversity.
Shepherd aptly gives voice to this Multi-Ethnic Feminist, Feminist Postcolonial, and
Intersectional critique: DEVAW is “largely insensitive to […] the fixed constructions and reality principles that reproduce the violence they seek to end.” (401)
Considering the purpose of this declaration in the first place, it comes as no surprise that the majority of the text is focused on the issue of VAW and how this impacts and violates women’s rights to health and well-being. Within the very first article, VAW is defined as “any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.” This is further laid out in the following article, which states that this can include battering, sexual abuse of female children, marital rape, FGM and other traditional practices harmful to women, as well as rape, sexual harassment, and forced prostitution (2). This declaration thereby “broadens the definition of violence by including both the physical and psychological harm done towards women, and it includes acts in both private and public life.” (Anuja 82) Especially creditable in that regard is highlighting that this list is not complete and that there are more forms of violence that are
[69] not being listed (2). This “broad definition of violence against women […] remains viable today.” (Treuthart 87)
Further noteworthy is the commitment to making sure that re-victimization of those who have suffered VAW does not occur (4.f) and that these women should be guaranteed specialized assistance, such as rehabilitation, counselling, or health and social services (4.g). This highlights the severe impact and consequences VAW can have on these women’s lives. Not just the act itself, but its repercussions are therefore a violation of women’s rights, with the potential of having lingering effects throughout the survivors’ entire lives. Unfortunately, by stating that sanctions and punishments should be developed to redress the harm done to these women, thereby providing them access to remedies for said harm (4.d), it is implied that VAW and its inherent harm can be redeemed. Yet, as mentioned, for the majority of the survivors, the harm done by VAW continues to impact them for their entire lives, thus making it an act that can be considered as unredeemable.
On top of that, it is implied that the needs of women are universal and not depending on each individual woman, as indicated by stating that police and other services tasked with the prevention, investigation, and punishments of VAW should be trained to “sensitize them to the needs of women” (4.i). That this is not the case should, at this point, be a forgone conclusion.
Additionally problematic is the absence of any mention of other kinds of harm VAW does, such as financial or emotional harm, as well as a rather brief acknowledgement of psychological harm, with no comment towards possible consequences of VAW in that regard.
Such consequences might be PTSD, an impaired sense of self-worth, or compromised understanding of interhuman relationships due to, for example, emotional manipulation. This exclusion perpetuates the stereotype that VAW is mostly sexual or physical, thereby devaluing the trauma survivors of other types of violence have gone through and making it more difficult
[70] for them to come forward about their experiences for fear of not being taken seriously.
Consequently, this leads to the social production of othering and normalization; in this case the norm implies that VAW is sexual or physical while those who have suffered other types of
VAW are othered; a process that is especially condemned by Intersectional scholars. It also diminishes the importance of mental health in general.
Furthermore, no mention is made of how to actually make it easier for women to come forward and gain access to the assistance demanded in this declaration. Which, again, makes it more difficult for women to get help, while at the same time places the responsibility to get said help entirely in the hands of those violated, which often leads to victim-blaming if a woman is, for whatever reason, unable to or takes a while to seek help. This leads to a division into the normative behavior of a survivor of violence, i.e. coming forward, as well as into the type of behavior considered as deviant and other, i.e. when survivors, for whatever reason, do not come forward.
The preamble of DEVAW states that VAW is an obstacle to the achievement of equality, development, and peace, which can be interpreted as once again putting the focus on how the community or the world as a whole is being impacted and not the woman that has suffered violence herself. However, the perception of women is nevertheless much more favorable in
DEVAW than in the two previously analyzed conventions. That is because, for one, it is highlighted that the focus must be on the consequences of VAW for these women themselves
(4.k), thereby portraying women as subjects in their own rights whose suffering matters not because of its consequences for the productivity of a society as a whole, but because this suffering impacts a woman’s life. Additionally, throughout the declaration, no mention is made implicating that women must be of service to be considered worthy. Indeed, there is not even a mention of women as mothers, which, considering the enormous attention this role was given in both the UDHR and CEDAW, is rather surprising. This is in so far commendable as that the
[71] depiction of women concurs with the demands of Multi-Ethnic Feminist, Feminist Postcolonial, and Intersectional scholars, namely as deserving respect and the full enjoyment of their rights simply because they exist. On the other hand, given the fact that motherhood is one of the factors that can lead to increased vulnerability to GBV, the complete absence of women as mothers within this declaration can also be perceived as rather disadvantageous. Moreover, one must note that throughout the whole document “DEVAW does not recognise violence against women as a violation of human rights directly.” (Edwards 22)
Throughout DEVAW, there is a significant focus on the impact of cultural, societal, and religious traditions on VAW. The declaration “rejects any notion that ‘cultural relativism’ should permit violence against women and prohibits States from utilizing tradition to skirt compliance.” (Ulrich 653) These cultural aspects should instead be incorporated into promoting the protection of women against violence (4.f). Moreover, prejudices and stereotypical roles are deemed as furthering the idea of inferiority of women (4.j). Contrasting this statement, however, is the fact that once again, through the usage of the term sex instead of gender and the implication of gender as being binary (4.j), heteronormative and transphobic ideologies are being supported. Additionally, like CEDAW, DEVAW does not mention how this stereotypical and sexist thinking is also negatively impacting men, not just women. This ideological aspect therefore implies a perspective throughout the declaration that is guided more by the demands and characteristics of the three theories than its two predecessors, yet at the same time continues to perpetuate the male-dominated and diversity-adverse status quo that is challenged by these theories.
Similar to CEDAW, DEVAW is the result of the efforts of the Commission on the Status of Women as well as the UN Economic and Social Council (DEVAW). Its drafters were made up of a group of diverse advocates and activists for women’s rights, hailing from all over the world (Goldscheid 18). One of the declaration’s direct results was the implementation of the
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United Nations Special Rapporteur on Violence Against Women, who has the mandate to collect and analyze data gathered from every UN member state and respond to each member’s effectiveness in the fight for gender equality (Special Rapporteur on violence against women).
Compared to its predecessors meant to advance women’s rights, DEVAW is certainly more beneficial to ensure that this includes women from all over the world and all different types of life. Especially commendable in that regard is its precise yet not limiting definition of
VAW as well as its more adequate portrayal of women in general. Nevertheless, particularly regarding the aspect of diversity, DEVAW still falls short in its goal to ameliorate every woman’s life and the enjoyment of her full human rights. However, the focus on research of the causes, nature, and consequences of VAW (4.k) as well as a display of openness for improvement of this declaration or similar conventions (6) do leave a more positive impression.
5.4. The Beijing Declaration and Platform for Action
The Beijing Declaration and Platform for Action was adopted by the UN at the end of the
Fourth World Conference on Women: Action for Equality, Development and Peace, which took place in Beijing, China, from September 4 to 15, 1995. It specifically highlights the following critical areas of concern in regard to women’s rights: the persistent and increasing burden of poverty on women; inequalities and inadequacies in and unequal access to education and training; inequalities and inadequacies in and unequal access to health care and related services;
VAW; the effects of armed or other kinds of conflict on women, including those living under foreign occupation; inequality in economic structures and policies, in all forms of productive activities and in access to resources; inequality between men and women in sharing of power and decision-making at all levels; insufficient mechanisms at all levels to promote the advancement of women; lack of respect for and inadequate promotion and protection of the human rights of women; stereotyping of women and inequality in women’s access to and participation in all communication systems, especially in media; gender inequality in the
[73] management of natural resources and in the safeguarding of the environment; and persistent discrimination against and violations of the rights of the girl child (II/III/44). For the purposes of this thesis, special attention is being paid to chapters IV.C, IV.D, and IV.I of annex II, which focus on the issues of women and health, VAW, and human rights of women, respectively.
Compared to the other three conventions, the Beijing Declaration is a much longer and more detailed text which includes not just the acknowledgment of many current issues affecting women, but also highlights how governments and countries should tackle these issues. Though some, such as Cook, have called the declaration’s length “somewhat unwieldly” (311), it is this attention to detail that is especially commendable.
Regarding the issue of equality, the declaration, like the others, includes the importance of equality and equal rights as one of the main statements (I/8; I/9). It acknowledges that equality has progressed unevenly (I/5) and focuses explicitly on what this means for women, thereby acknowledging the systematic structures within societies that lead to normalization and othering. As one of the major steps to ameliorate the rights of women, the declaration stresses the importance of eliminating “all forms of discrimination against women” (I/24), while further highlighting that equality is not just a matter of human rights, but also a condition for social justice (II/I/1). Chapter II/IV.C takes special care to highlight the importance of equality in relationships, especially regarding matters of sexual relations and reproduction, stressing the importance of respect, consent, and shared responsibility (II/IV.C/96).
The issue of equality, or rather the lack thereof, is focused particularly on VAW in chapter
II/IV.D. Taking care to define VAW in a very detailed way, this declaration’s definition of
VAW goes further than the ones mentioned in previous conventions, as it includes marital rape, sexual abuse and harassment (II/IV.D/113), forced sterilization and abortion, as well as coercive or forced use of contraceptives (II/IV.D./115). It also highlights that VAW is a “crucial social
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[mechanism] by which women are forced into a subordinate position” and that these abuses
“often go unreported”, or if they do get reported that “there is often a failure to protect victims or punish perpetrators” (II/IV.D/117).
Of special interest regarding the topic of this thesis is also the critique towards national governments regarding their failure to implement or ensure women’s rights. Particularly articles
II/IV.I/217 and II/IV.I/219, respectively, firmly state that “[t]he gap between the existence of rights and their effective enjoyment derives from a lack of commitment by Governments” and that women’s rights are “undermined by the discrepancies between some national legislation and international law”. The issue of equality and its grave absence regarding women are therefore laid out in a very detailed way within this declaration, thereby concurring with the main statements of the three theories.
At several points throughout the declaration, the importance of equality for all women worldwide is stressed. Articles 3 and 4 of annex I, for example, highlight that the goal of this declaration is to advance “equality, development and peace for all women everywhere” and that the “voices of all women everywhere” need to be heard. Within chapter II/IV.I, it is further declared that “human rights must be treated globally, in a fair and equal manner, on the same footing”. This wording echoes a similar mistake that was made in CEDAW, where the concept of equality was stressed but equity was not considered at all. Hence, the declaration “espouses an ‘equal result’ rather than an ‘equal opportunity’ ideal” (Ulrich 643).
However, specific mentions of the diversity of women are nevertheless included within this text. The declaration clearly states that factors other than gender can and do create multiple barriers for women (I/32), and that, while women share common concerns due to gender-based discrimination, the “full diversity of women’s situations and conditions” (II/I/3) must be respected and valued. One can therefore infer that while the declaration falls short of fully
[75] grasping what the diversity of women and their realities actually imply in practice, the effort was nevertheless made to at least acknowledge this diversity. This demonstrates that the Beijing
Declaration resonates more with the assertions of the Multi-Ethnic Feminist, Feminist
Postcolonial, and Intersectional theories than its predecessors. This impression is further emphasized by the statements that this platform only aims to establish a basic group of priority actions (II/II/7) and that states should “consider drawing up national action plans”
(II/IV.I/230.d). This implies an acknowledgement that the articles in this declaration are meant to be interpreted as a starting point or a foundation on which governments should build on with special regard to the particularities of women’s considerations within their jurisdiction, which is further emphasized by article II/I/9. Article II/IV/46 furthermore attempts to
bring into being multidimension gendered subject positions for women, in place of the long-standing ‘woman’ of international legal discourse who has largely been defined in terms of ‘compulsory heterosexuality’ and motherhood […] [, and in addition] acknowledges, at least to a point, that gender inequality intersects with other systems of subordination. (Otto 25)
It is also of interest to note that this is the only one of the four conventions to pay special attention to, what is called, the girl child, a notion that implies that women’s rights are infringed upon long before they even reach adulthood. In light of the continued sexualization of young, sometimes even prepubescent, girls within media and societies, this is an important acknowledgement, especially because, as article II/IV.C/93 shows, “girls are both biologically and psychologically more vulnerable than boys to sexual abuse, violence and prostitution”.
Compared to the other three conventions, this declaration is hence the only one that can be considered to comprehend the existence of women’s diversity.
Furthermore, in regard to the health and well-being of women, importance is placed on not just physical, but also moral, ethical, spiritual, and intellectual needs (I/12), as emphasized by the inclusion of basic and life-long education and literacy (I/27). Attention is also drawn to the issue of an increase in the spread of sexually transmitted diseases and HIV among women
(II/II/37) and that this is having a “devastating effect on women’s health” (II/IV.C/98).
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Moreover, health is defined as being more than just the mere absence of disease or infirmity
(II/IV.C/89); here, health also means being able to live a satisfying life, free from harm. This is mentioned regarding women’s reproductive health as well. Of special significance here are articles II/IV.C/94 to C/96, which state that reproductive health implies that people are able to have a satisfying and safe sex life and have the right to make decisions concerning reproduction free of discrimination, coercion, and violence. This specifically means that women have the right to have full control over and decide freely on matters related to their sexuality. Women are therefore acknowledged as subjects in their own rights, indeed as sexual beings with their own agencies, needs, and wishes.
Nonetheless, VAW, and especially sexual violence, are not explicitly classified “as a human rights violation per se.” (Otto 17). It is, however, stated that such violent acts place “women at high risk of physical and mental trauma, disease and unwanted pregnancy [and that] [s]uch situations often deter women from using health or other services.” (II/IV.C/99) It is also stated that health services should therefore include “well-funded shelters and relief support […], as well as medical, psychological and other counselling services” (II/IV.D/125.a).
Article II/IV.C/107.a further stresses the need for both formal and informal educations programs aimed at educating women on their rights and allowing them to develop self-esteem, but also aimed at men regarding the importance and acknowledgement of women’s health and well-being as their inherent human right.
The Beijing Declaration is also the only one of the four conventions that stresses the impact of the threat of violence on women even if they themselves do not directly suffer from such violence. Echoing Nussbaum’s quote at the beginning of this thesis, article II/IV.D/117 states that the “fear of violence […] is a permanent constraint on the mobility of women and limits their access to resources and basic activities.” This acknowledgement reflects an important
[77] awareness of the inception of power and power relations within societies, as highlighted in the three theories. Concerning the aspect of health, this declaration thus very precisely highlights the rights of women and what they imply regarding women’s well-being. Nonetheless, article
II/IV.D/125.g seems to suggest that potential victims should be able to protect themselves and others against violence. While this is undoubtedly not meant to imply that it is the women’s responsibility to protect themselves, it nevertheless does come across as placing the responsibility, and therefore in cases where such violence does occur, the blame on women.
Of interest is also how women are depicted in this declaration. While it is mentioned that equality for women is of interest to all humanity (I/3), women, as already showcased above, are portrayed as subjects in their own rights. Moreover, their contributions to society both through compensated work and unpaid work at home are highlighted (II/II/21), alongside an acknowledgement that “women’s unpaid work contributes to development yet is ‘seriously’ under-estimated and undervalued” (Otto 22). Furthermore, it is stated that women should have the “possibility of realizing their full potential in society and [shape] their lives in accordance with their own aspirations” (I/12). In comparison to CEDAW, this wording makes it clear that while women are important contributors to society, this does not define their value.
Additionally, maternity, motherhood, and parenting are alluded to in a way which highlights how these attributes can lead to special vulnerability while at the same time not diminishing women who do not share these attributes (II/II/29). This, again, showcases an unprecedented awareness but also appreciation of the diversities of ‘being a woman’.
This declaration is the only one of these four conventions to use the term gender instead of sex, though this development is diminished by the fact that the usage of this term was highly contested by many countries. It was only accepted on the grounds that it “was to be interpreted and understood as it is in ordinary, generally accepted usage” (Charlesworth, “Women as
Sherpas” 543), i.e. as a binary and biological characteristic and not as something non-binary
[78] and heavily influenced by society. Moreover, while the family is presented as the basic unit of society, various forms of family are acknowledged (II/II/29). This makes it “far less abstract, definitely not constructed from the point of view of the male household head, and far more aware of what goes and who does what in families.” (Moller Okin 40)
Culture is furthermore recognized as playing an important role. On the one hand, states are urged to not use cultural or other reasons to forgo their duty to protect everyone’s human rights
(II/II/9), while on the other hand, gender inequality is being recognized as the consequence of socially constructed gender roles rather than actual biological differences (II/II/27), which must therefore be adequately addressed. This is further outlined in article D/118.
The declaration advises that before implementing major decisions an analysis should be made to identify possible effects on women and men (II/II/27), thereby highlighting the importance of including everyone, directly and indirectly, and not just women, in the process of eliminating gender inequality. Research is also highly encouraged, specifically if it is aimed at analyzing the possible causes, nature, and consequences of VAW (II/IV.D/129). However, while colonialism and its continuing consequences are condemned (II/II/11), a very Western ideology is nevertheless prevalent throughout the declaration, as noticeable in article II/II/15, which stresses the importance of strengthening democracy worldwide, thereby implying a certain inferiority of other, potentially aboriginal, types of government.
Equally interesting is the context in which this declaration was implemented. While a draft document did exist before the Fourth World Conference on Women (a result of two and a half years of work), over 30 percent of it was considered as still in need of discussions, as showcased by the many articles still in brackets prior to the conference (Purcell). Nevertheless, by the end of the conference, enough compromises had been made to allow the implementation of the document. Moreover, the more than 12,000 attendees of the conference were “remarkably
[79] diverse, coming from around the globe” as UN Women puts it (The Beijing Platform for
Action). This made reaching consensus on the controversial issues, such as health, even more difficult.
All in all, although this declaration certainly still shows some weaknesses, it is nevertheless much more inclusive in comparison to the other three conventions. Moreover, considering the context in which the declaration was finalized, specifically the difficulties of ensuring agreement from all parties, the Beijing Declaration can be considered as an important step towards furthering the rights of women. Therefore, a more in-depth critique of this convention is appropriate.
The analyses in this chapter have shown that the Beijing Declaration and Platform for
Action is not only the most recent convention to tackle the issue of gender inequality and try to ameliorate women’s rights, but also the most inclusive one. Nevertheless, as has already briefly been touched upon, there are still some areas that cause concern for Multi-Ethnic Feminist,
Feminist Postcolonial, and Intersectional scholars.
To begin with, there is the notion of human rights. As Charlesworth points out, there is a distinction in the declaration between human rights for women and women’s rights (“The Mid-
Life Crisis” 789). The first refers to the fact that human rights are universal and therefore applicable to women as well. The second regards rights that are specifically relevant to women, and only women. Otto uses the example of the area of education within the text to highlight that by setting the aim to be that girls receive the same education as boys, the “possibility of transformative change as it is tied to affirming the current order, [is thereby] merely extending its coverage, based on standards already realised by males, to women and girls.” (13) Brito similarly argues that the “idea of humanity – especially human rights – within the framework of the Beijing Conference, therefore, seems to point to a sphere of ‘neutrality’ that would
[80] precede the very sexual distinction between men and women.” (25-26) Looking at this notion from a Multi-Ethnic Feminist, Feminist Postcolonial, and Intersectional point of view, this is highly problematic: Ignoring the fact that there are differences between the experiences of the genders leads to a sort of ‘gender-blindness’, similar to the often-critiqued notion of ‘color- blindness’ by anti-racism activists and scholars, meaning that a situation is analyzed without taking the consideration of gender and everything this entails into account. By claiming that no difference is being made based on gender, the problem, instead of being eliminated, is in fact worsened.
In each of the three theories used within this thesis, differences and diversity are important factors, as highlighted specifically in figure 4. While the goal of each theory (and of the declaration as well) is to ameliorate the situation of women worldwide, to be able to do so, this diversity must be taken into account instead of ignored. Otherwise, similar to a color-blind or race-neutral perspective that claims “that in an environment where institutional racism and discrimination have been replaced by equal opportunity, one’s qualifications, not one’s color or ethnicity, should be the mechanism by which upward mobility is achieved” (Gallagher 23), the realities of gender are ignored, thereby implicitly denying any discrimination on the basis of gender. Not only that, but the responsibility of one’s own experience is put entirely on the individual and not the societal structures that person exists in. This is not just victim-blaming at its peak, but also an approach that makes it sheer impossible to actually eliminate discrimination based on gender, since this discrimination and its inherent existence in current societies are not even really acknowledged in the first place. Therefore, by employing this approach of claiming the universality of human rights and not instead fighting for women’s rights, this convention is in its very essence entirely oxymoronic and hence can even be considered superfluous.
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This is closely tied to the conundrum of equality versus equity as it is visible within the declaration. Equality and equity, as briefly discussed in footnote 15, while sharing a similar aim, are very different concepts. To expand the above-mentioned example of education, an equality-approach is focused on providing everyone, regardless of gender or other aspects of identity, with the same education. An equity-approach, on the other hand, highlights the need to give everyone the chance to access education so they reach a similar level of education while taking into account the many different backgrounds young children come from. Regarding the declaration, Otto states that “the regrettable (mis)use of the notion of ‘equity’ in some places in the draft documents to modify the concept of ‘equality’ […] [reduces] women’s possibilities and status.” (14)
The reason for this is similar to the one provided in the previous paragraph: to tackle an issue, in this case inequality, all kinds of discrimination must be taken into account. As specifically highlighted within Intersectional Theory, everyone must be included in any analysis and process concerned with tackling inequalities. Experience has shown that by merely providing girls with the same education in, for example, developing countries, the actual structural forces causing discrimination against women are not addressed. Girls are still more likely to drop out of school because they are needed to support their families, because they are threatened with violence, or because they become pregnant at a young age. Moreover, even if they do receive the same education for the same amount of time, the gender expectations within their societies demand that they do not continue on with further education – or if they do, that they do so in a field related to caregiving, such as teaching or nursing. This clearly shows that the issue at hand is not only that boys and girls are not given the same education, but that the structural and societal constraints they live in make it even more difficult for girls to achieve the same education.
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Furthermore, not only are these structural constraints disregarded when it comes to the aspect of gender, many other kinds of aspects of identity that are impacted by these constraints are not considered either. All three theories firmly argue for the importance of acknowledging multiple systems of domination and oppression, and challenge the idea of a universal woman, indeed any ubiquitous status quo as a whole, as it is presented within the declaration. This declaration consequently tends to ignore the realities of the interactivity of social identity structures that are vital in fostering experiences. Therefore, by focusing on the concept of equality and not equity, the realities of every woman worldwide are ignored. No woman is structurally defined only by their gender. Familial background, access to education, societal class, dis/abilities, sexual orientation, all these and more aspects of identity impact a woman’s experiences. However, these aspects are seldom and, in some cases even not at all, acknowledged and considered within the declaration. By ignoring these factors, women, while admittedly finally regarded as subjects and not mere objects as within the previous conventions, are nevertheless portrayed as two-dimensional beings, mere general ideas that have not been fleshed out. The lesson that each of the three theories in this thesis teaches is that no woman is being uplifted by including all women in the same way.
This issue and its presence within the declaration are heavily influenced by the ideologies apparent throughout the text. As has been made clear, the underlying structures influencing and responsible for inequalities and consequent discrimination must be tackled to actually ameliorate women’s lives. Yet these structures and identities are not questioned at all within the declaration. Instead, the text showcases the apparent
ethnocentrism underlying […] [this] project, for it [is] built in accordance with the ‘old’ principles of European humanisms, in which the Other (non-Western women) must be salvaged from its inferiority, a fact that ends up re-affirming the superiority of the West(tern Woman). (Brito 20)
The presented solution, namely including women in the decision-making processes, is void in that it is these very processes and structures that amplify the inequalities. Currently, the
[83] dominant narratives establishing structural orders and constraints worldwide, i.e. the uncontested status quo, is inherently (neo-)imperialist and colonialist as well as masculinist. It is this very fact that is criticized by Multi-Ethnic Feminism, Feminist Postcolonialism, and
Intersectionality. Especially postcolonial theory is highly critical of the still prevailing colonial relations and structures of power that influence global structures to this day. What these three theories remind us of is that inequalities and the solutions to remedy them are always underlined by certain ideologies and that these ideologies must not only be acknowledged, but also analyzed and challenged. This declaration is very much influenced by Western, capitalist, neo- liberal, neo-colonial, and patriarchal ideologies. By trying to implement possible solutions within this framework without challenging its existence and nature is therefore not at all constructive to the aim of ameliorating the lives of women worldwide.
In short, the Beijing Declaration and Platform of Action is not, per se, a bad convention.
Neither is it entirely useless and unnecessary. In fact, the Beijing Declaration should be seen as an achievement of the continuous and herculean work of many activists worldwide, at their forefront feminist and anti-racism activists. It exemplifies that the human rights discourse can become more inclusive. Nevertheless, it also serves as a reminder that there is much to be done to truly eliminate discriminations worldwide.
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6. Conclusion
By applying both the MIRI approach as well as an interpretation of Multi-Ethnic Feminism,
Feminist Postcolonialism, and Intersectionality specifically adapted to this thesis, the analyses have shown that issues such as universality, diversity, and inclusivity remain crucial within the context of ameliorating the circumstances of women who have suffered VAW, and eliminating said violence.
Chapter 4’s comparison between the unique situations of survivors of such violence in three different countries has highlighted that, while gender is indeed a unifying factor in regard to this issue, other aspects of identity, such as nationality, heavily influence its occurrence, impact, and consequences. Moreover, chapter 5 has outlined the different ways in which this diversity is acknowledged within four major international conventions that are aimed at establishing and ameliorating women’s rights and their livelihoods. While progress has been made over the years and an increase of inclusivity can be perceived from convention to convention (concurring with the general human rights and feminist discourses at the time of their particular historical contexts), even the most recent and most inclusive convention, namely the Beijing Declaration, remains susceptible to criticism from Multi-Ethnic Feminist, Feminist Postcolonial, and
Intersectional scholars for not being more inclusive and failing to encompass the various realities of women worldwide.
While this thesis has focused on the intersection of nationality and gender, there are many other aspects of identity that would be worthwhile to research in the context of VAW. For example, sexual orientation and dis/ability are one of the most likely factors that lead to vulnerability to VAW. Many women’s shelters tend to not be inclusive, with some funded by conservative religious groups even turning women away who do not fall into the heteronormative narrative, or forcing them to deny that part of themselves. Many shelters also
[85] still do not qualify as disability-friendly. Additionally, non-heteronormativity and dis/ability can have a huge impact on the possibility of coming forward and escaping from, for example, sexually abusive situations. Studies focusing on these particular factors are much needed to implement initiatives and conventions that can accurately provide support for these women as well as ensure their protection.
It is the author’s opinion that to truly guarantee, as the Beijing Declaration puts it, “equality, development and peace for all women everywhere” (I/3), much work remains to be done and more studies are needed that delve further into this important issue. The responsibility of creating a better life for everyone cannot only lie with governments and international organizations such as the UN. While these political organs are of vital importance to implement measures that provide improvements, the very nature of the democratic systems these political organs are a part of dictates that it must be the peoples’ resolve to advocate and vote for representatives that will enact and support such measures. Change does not begin at the governmental level. It begins with the individual. To truly bring about change, it is the responsibility of each individual to analyze the structural systems they are embedded in, how these might benefit and hinder people depending on certain aspects of identity, and to challenge these systems if they are unjust.
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Appendices
I. Information about Germany, Nigeria, and South Korea
i. Germany
Officially called the Federal Republic of Germany (org. Bundesrepublik Deutschland), beginning in the 10th century, Germany was previously part of the Holy Roman Empire. It became a nation state in 1871 and adopted a parliamentary system in 1918. Following the Nazi dictatorship from 1933 to the end of WWII, in 1949, Germany was divided into West and East
Germany (FRG: Federal Republic of Germany and GDR: German Democratic Republic, respectively). It has existed in its current iteration as a federal multiparty republic with two legislative houses since the reunification in 1990. Both GDR and FRG became UN member states on September 18, 1973; the GDR’s membership ceasing to exist following the reunification. An estimate of 83,086,000 people currently live in Germany, making it the 17th most populated country in the world. These people are very heterogenous in their ethnic origins and political and cultural heritage, largely due to the split between Protestantism and Roman
Catholicism in the 16th century as well as its, in the past, lack of clearly defined geographic borders (its current size is 357,104 km²). Additionally, a large influx of mine workers (most hailing from Eastern European countries) at the end of the 19th century, the occupation of both
Germanys after WWII by other nations, and the immigration of so-called guest workers beginning in the mid-1950s, has led to there being many ethnicities represented in Germany.
An estimate at the beginning of the 21st century shows that nearly 1/10 of the population living in Germany, so approximately 80 million people, were of non-German ethnicity. Though
Germany does not have an official religion, the majority of Germans are baptized into the
Christian faith. Approximately five percent of the population is also Muslim, and some 100,000
Jews are currently living in Germany. As of now, it is the fourth largest economy worldwide.
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ii. Nigeria
Officially and originally named the Federal Republic of Nigeria, Nigeria is home to many ancient kingdoms. Its modern formation originates from British colonial rule in the early
1900s, followed by an official unification of Southern and Northern Nigeria in 1914. Nigeria gained independence in 1960 and declared itself a republic in 1963. Its current constitution classifying its government as a federal republic with two legislative houses has been in place since 1999. It has been a UN member state since October 7, 1960. An estimate of 200,788,000 people currently live within its 923,769 km², making it the 6th most populated country worldwide. The Nigerian population is made up of approximately 250 ethnic groups, each traditionally inhabiting a territory it considers their own by right of first occupancy and inheritance. While its official language is English due to the colonization by the British Empire,
Nigerian languages can be classified into three broad linguistic groups: Niger-Congo, Nilo-
Saharan, and Afro-Asiatic. British colonial influence also led to most Nigerians either identifying as Muslims or Christians by the time of Nigerian independence. Before that,
Nigerians mostly believed in traditional religions. Currently, about 50 percent of the population is Muslim, with the rest mostly made up of Christians as well as a small number of believers of traditional religions. Religious freedom, however, is guaranteed by the Nigerian constitution and Nigeria does not have an official religion. Based on its current GDP, it is the 29th largest economy of the world.
iii. South Korea
Officially the Republic of Korea and originally called 대한민국/大韓民國 (romanized to Daehan Minguk or Taehan Min´guk), South Korea used to consist of several kingdoms that were unified under the Goryeo dynasty in 936. The Korean Empire was annexed into the Empire of Japan in 1910 and, after WWII, divided into two parts. South Korea was administered by the
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United States until the establishment of the First Republic of Korea in 1948. The current Sixth
Republic of Korea and its unitary multiparty republic form of government with one legislative house has formally existed since 1988. South Korea has been a UN member state since
September 17, 1991. An estimated 51,966,000 people currently live within South Korea’s
97,000 km², which qualifies it as the 29th most populated country in the world. While almost the entire population is ethnically Korean, there is a small minority of ethnic Chinese citizens as well as a growing number of foreigners (many from Japan, the United States, and China).
Similar to the other two countries, South Korea does not have a national religion. In contrast, however, there is little uniformity of religious belief. Shamanism and Buddhism remain influential to this day and the principles and social outlook of Confucianism still very much dictate the daily lives of Korean citizens nowadays. Additionally, about ¼ of the population profess themselves as Christian. South Korea is currently considered the 11th largest economy worldwide.
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II. Definition of Violence Against Women and a Brief Outline of the Issue
i. Gender-Based Violence/Violence Against Women
Gender-based violence is considered any form of violence that targets individuals or groups on the basis of their gender (Definitions of Sexual and Gender-Based Violence). The
UN Commission on the Status of Women further defines violence against women as “any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women and girls, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life […] [and] notes the economic and social harm caused by such violence.” (2) It can affect any women regardless of culture, socio-economic status, ethnicity, or other aspects of identity but is particularly likely to occur against women who are, for example, members of racial, ethnic, or sexual minorities,
HIV-positive, disabled, older, or involved (whether as combatant or non-combatant) in armed conflicts (Fulu 1). Overall, gender-based violence can be classified into five types: sexual violence (see below), physical violence (physical assault, trafficking, slavery), emotional and psychological violence (abuse, humiliation, confinement), harmful traditional practices (female genital mutilation, child marriage, forced marriage, honor killings and maimings, infanticide and/or neglect, denial of education for girls or women), and socio-economic violence
(discrimination and/or denial of opportunities and services, social exclusion/ostracism based on sexual orientation, obstructive legislative practices) (Definitions of Sexual and Gender-Based
Violence).
ii. Sexual Violence
A classification by the World Health Organization defines sexual violence as “any sexual act, attempt to obtain a sexual act, or other act directed against a person’s sexuality using coercion, by any person regardless of their relationship to the victim, in any setting. It includes
[107] rape, defined as the physically forced or otherwise coerced penetration of the vulva or anus with a penis, other body part or object.” (Sexual Violence). The United Nation Human Rights High
Commissioner furthermore adds “unwanted sexual comments or advances” and “acts to traffic” as well as “sexual abuse”, “forced pregnancy”, “forced sterilization”, “forced abortion”, “forced prostitution”, “trafficking”, “sexual enslavement”, “forced circumcision”, “castration”, and
“forced nudity” to this definition (Sexual and Gender-Based Violence).
The Sexual Violence Research Initiative provides one of the most detailed definitions of sexual violence. They divide this type of violence into five classification categories:
1. Completed sex act without the victim’s consent or involving a victim who is unable to
consent or refuse (such as rape, marital rape, forced sodomy/anal rape, rape of a minor,
or rape between family members)
2. An attempted (but not completed) sex act without the victim’s consent or involving a
victim who is unable to consent or refuse (also called attempted rape)
3. Abusive sexual contact (intentional touching of the genitalia, anus, groin, breast, inner
thigh, or buttocks of any person without their consent, or of a person who is unable to
consent or refuse)
4. Non-contact sexual abuse (includes acts such as voyeurism, intentional exposure of an
individual to exhibitionism, unwanted exposure to pornography, verbal or behavioral
sexual harassment, threats of sexual violence to accomplish some other end, or taking
nude photographs of a sexual nature of another person without their consent or
knowledge, or of a person who is unable to consent or refuse)
5. Sexual violence of an unspecified type, i.e. where only inadequate information is
available to categorize the act into one of the other four categories (such as sexual
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exploitation, forced prostitution, or sexual violence as a weapon of war and torture)
(Definitions).
While gender inequality and social norms accepting violence against women are considered root causes for this issue, other risk factors can be lower levels of education, a history of exposure to child maltreatment, witnessing family violence, harmful use of alcohol or other substances, community norms that privilege men over women, as well as low levels of women’s access to paid employment (Violence Against Women).
iii. Current Situation
Although around 119 countries worldwide have passed laws on domestic violence and
125 also have laws against sexual harassment (United Nations Department of Economic and
Social Affairs 139), violence against women, particularly sexual violence, remains a global and severe “public health problem of epidemic proportions, requiring urgent action” (Global and
Regional Estimates of Violence Against Women 1).
A UN report from 2018 reveals that about one in three women will experience physical or sexual violence at some point in their lifetime (United Nations Population Fund 14). The same study states that 18 percent of women aged 15 or older have been subjected to physical, sexual, or psychological violence by a current or former partner during the 12 months prior to the execution of this study and, in addition, 3,900,000 girls worldwide are forced to undergo female genital mutilation each year, while 12,000,000 girls worldwide are subjected to child marriage annually (16).
While most of this violence occurs during a woman’s reproductive years, it nevertheless affects women of all ages (United Nations Department of Economic and Social Affairs 148).
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Furthermore, of the women subjected to violence, less than 40 percent have sought help amongst their friends and family, with less than 10 percent of them going to the police or health services (Facts and Figures).
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III. Examples of the Analyses of the three Countries using the MIRI
Approach, focusing on the Theme ‘Culture’
i. State Reports CEDAW
Themes Germany Nigeria South Korea Culture Situation: Situation: Situation: • Gender equality is a • Patriarchy consti- ---- consistent guiding tutes a big hurdle in Absences: principle, to be pro- pursuit of gender • No focus at all on moted by all respective equality and is re- cultural aspect political, legislative, flected in slow pace • No mention of me- and administrative ac- of legislative reforms dia tivities of federal min- with respect to laws Implications: istries (para. 18) affecting women, • Indicates that solu- • Regarding sexist ad- poor enforcement tions and therefore vertising: German Ad- mechanisms, triviali- problem lie within vertising Council is a zation of correspond- legislative and gov- self-regulatory entity ing laws due to lack ernmental realm responsible for receiv- of understanding es- and not with culture ing and investigating pecially among legis- → gender roles and complaints (para. 24) lators (para. 2.17) stereotypes → ap- • In recent years, tradi- • Ingrained customary proach focused on tional gender roles practices, acceptance public life with ex- have developed in a of discrimination as clusion of private positive direction re- a measure of divide life garding gender equal- and rule, usage of vi- ity (para. 26) olence to maintain • Women provide major patriarchal hegem- contribution to family ony, influence of reli- income in nearly 1 in 5 gion as opium of the multi-person house- masses, illiteracy, holds → they are the poverty, and selective breadwinners (para. acceptance to con- 28) form to international • Only minority of peo- bench marks consti- ple asked in survey re- tute great hurdles to garding gender roles achievement of gen- expressed views which der equality (para. can be classified as 2.18) partially discrimina- • Awareness creation tory against women. on gender issues has However, half of Mus- been one of major lims who were born or measures put in raised in Germany still place to address gen- attach great im- der stereotypes that portance to chastity impede progress of
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norms, whereas such women and girls in norms are of hardly country (para. 5.1) any significance for • Government and succeeding genera- NGOs are increas- tions of Christians → ingly working in col- regardless of religion, laboration with Faith those applying reli- Based Organizations gious rules to their and traditional au- everyday lives hold thorities to conduct more traditional views awareness programs regarding gender roles → programs have (para. 33) ensured gradual but Absences: steady dislodgement • No mention of stigma of culture of male su- regarding sexual vio- periority (para. 5.4) lence • Lack of proper inter- • No mention of specific pretation of religious gender roles apart texts and quoting of from who mainly con- religion as alibi for tributes to income of a certain stereotypes family and religious prac- Implications: tices (para. 5.13) • Council in place to • Culture and tradi- regulate advertising tional practices as a regarding sexism hurdle to achieve • Traditional gender gender equality roles have become less (para. 5.13) overarching in recent • Victims of sexual years → e.g. women abuse and exploita- as breadwinners tion prefer to solve • Highlights that re- their problems with- garding chastity and out involving law en- gender roles in gen- forcement + reported eral, religion plays im- cases are oftentimes portant factor withdrawn because victims are either pressured by family members to do so or lose faith in ability of system to protect them (para. 6.8) • Stigma, poverty, low self-esteem, as well as other forms of dis- empowerment make victims, usually women, reluctant to report abuse or leave their violators (p. 34) Absences:
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• No mention of how different cul- tures/peoples within Nigeria interact • No mention of media Implications: • Acknowledgement of cultural influences on discrimination and VAW → patriarchy, customary practices, gender roles • Highlighting that by trying to conform to international bench- marks, issue is only accelerated • Importance of imple- menting measures that raise awareness of gender issues and gender roles → in- clusion of faith based and traditional or- ganizations • Using religion as al- ibi for certain stereo- types and religious practices • sexual violence asso- ciated with shame → reluctance to report abuse and seek help
ii. CEDAW observations
Themes Germany Nigeria South Korea
Culture Situation: Situation: Situation: • Prevailing stere- • Persistence of harm- • Commendable ef- otypes about ful practices and dis- forts to mainstream roles and respon- criminatory stereo- gender into interna- sibilities of types regarding roles tional cooperation women and men and responsibilities programs (para. 14) in family and so- of women and men in • Social stigma at- ciety continue to family & society, tached to, and insti- impede progress which perpetuate tution prejudice in advancing women’s subordina- against, victims of tion (para. 21) sexual violence,
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gender equality • Intersecting discrimi- including wide- (para. 21.a) nation and violence spread misconcep- • Stereotyped and against women tion, generated in sexualized im- caused by homopho- part by men’s or- ages of women bia (para. 43.d) ganizations, that re- continue to ap- Absences: ports of sexual vio- pear in media • No mention of depic- lence are false, all and advertise- tion of women specif- of which deters ments (para. ically in media → women from filing 21.b) “Nollywood” one of reports with police; • Stereotyped me- the biggest film in- brining of defama- dia portrayals dustries in Africa tion charges against and negative im- Implications: victims who report ages of ethnic mi- • Severe impact of ste- to authorities or no- nority women reotypes as well as tify confidants about and migrant traditional thinking violent sexual of- women under- regarding women’s fences; and consid- mine ability to position/worth eration of victims’ become better in- • Other aspects of sexual background tegrated into so- identity leading to in- as evidence in judi- ciety (para. 21.c) tersecting discrimi- cial proceedings, • Gender-based nation → e.g. homo- which leads to sec- stereotypes and phobia ondary victimization myths surround- and silencing of vic- ing rape within tims (para. 22.c) society and • Persistent gender- among legal pro- discriminatory so- fessionals (para. cial stigma attached 25.f) to single mothers Absences: (para. 34.a) • Possible inter- Absences: secting discrimi- • No mention of por- nation based on trayal of women in other aspects of media → especially identity of interest due to re- Implications: cent international • Gender roles still interest in K-dra- conservative and mas, K-pop etc. impeding on gen- Implications: der equality • Conservative • Stereotypes and • Stigmatization of rape myths prev- survivors of sexual alent violence → rape • Negative depic- myths tion of women, • Stigmatization of especially mi- single mothers → grant women in hints at negative im- media pression of women • Sexualization of who are not mar- women in media ried/in a
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relationship and/or have own sexual agency → only hav- ing sex within mar- riage • Very one-dimension imagery of how a woman is supposed to be
iii. Beijing +25 reports
Themes Germany Nigeria South Korea
Culture Situation: Situation: Situation: • Women come up • Patriarchal customs • Korea Communica- against social ex- and social norms still tions Standards pectations, stere- limit women’s access Commission delib- otypes and struc- to productive re- erates on broadcast tural barriers sources, opportuni- content to ensure which are differ- ties, and choices (p. their compliance ent to those faced 14) with fairness, pub- by men. (p. 1) • Challenge of accept- licness and account- • Federal Govern- ing some forms of ability on airwaves ment initiative gender discrimina- (p. 16) → prohibits “No clichés” is a tion as cultural depictions that en- national cooper- norms and use of vio- courage discrimina- ation project lence to maintain pa- tion, prejudice or which promotes triarchal hegemony conflict based on non-clichéd vo- → gender specific gender, age, or oc- cational and paradigms which cupation + provides study choices, have resulted from education and train- free from restric- these limitations will ing to broadcasters tive gender stere- require sustained ad- on standards and otypes → offers vocacy in long term practices to support support to all in- (p. 46) their internal review volved in voca- • Stories about rich process (p. 16) tional choice pro- tend to dominate me- • Monitoring of media cess to enable dia headlines, which contents since 2010 them to help girls systematically ex- by government (p. and boys make cludes the poor, of 16) vocational which 70% are • Online event that in- choices that women (p. 49) vited citizens’ par- match their • First women’s radio ticipation to raise strengths – free station was estab- awareness of gender from gender ste- lished between 2015 discrimination and reotypes (p. 6) and 2019, which fo- improve culture in • Boys’ Day (since cuses on presenting Korean society as 2011) and Girls’ issues and part of “With You”
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Day (since entertainment from campaign that 2001): Girls’ day perspectives of started with #Me- meant to motivate women themselves (p. Too Movement (p. girls and young 49) 16) women to opt for Absences: Absences: training or stud- • Gender roles and ste- • No mention that ste- ies in fields tradi- reotypes prevalent reotypical gender tionally not taken within movies and tv roles are reason for into considera- shows produced in continued violence tion by women (p. Nigeria against women 55) Implications: • No mention of how • In May 3019, • Patriarchal customs women are pre- launch of an and gender roles still sented within Ko- online infor- very prevalent → one rean media → K- mation portal – of biggest issues that dramas, K-pop “the rainbow needs to be overcome Implications: web portal” – as to achieve gender • Prohibition of dis- knowledge net- equality criminatory content work for same • Acknowledgement on tv sex lifestyles and that more and diverse • Monitoring of media gender diversity representation within • Impact of #MeToo → designed to media is needed → movement on realiz- help balance first steps to imple- ing persistent gen- identified strong ment this taken der roles within so- urban-rural di- ciety vide in counsel- ling and advisory structures and improve equal opportunities concerning ac- cess to infor- mation and par- ticipation for les- bians, transgender and intersex individu- als country wide, this helping to combat discrimi- nation (pp. 11- 12) • Monitoring pro- ject on sexist ad- vertising con- ducted by Pink stinks initiative serves in gather- ing information on prevalence
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and distribution of sexist advertis- ing and contains measures to elim- inate sexist ad- vertising in me- dia (pp. 38-39) Absences: • Focus only on sexist advertising not on movies, tv shows produced in Germany Implications: • Social expecta- tions, gender roles, and stereo- types still a bar- rier despite ap- proaches to tackle this issue • Trying to dispel gender roles → “no clichés” and girls’ day • Highlighting more than just heteronormative narrative
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IV. Examples of the Analyses of the four Conventions using the MIRI
Approach, focusing on the Theme of ‘Presentation of Women’
i. UDHR
Themes Outline of What does this What is not What does this Situation imply mentioned imply Presentation of • Women as • Women are • No further • Women are Women mothers (art. only im- mention of important 25.2) portant/de- women in only insofar serving of art. 25.2 as they give special as- • No mention birth to and sistance in of women as provide for relation to subjects in children maternity their own • Otherwise and mother- rights women not hood important → contrast to notion of equality that declaration wants to convey
ii. CEDAW
Themes Outline of What does this What is not What does this Situation imply mentioned imply Presentation • Discrimina- • Women’s • No men- • When of Women tion as some- worth as de- tion of women are thing that fined by their women as abused by hampers usefulness → subjects → their part- growth of so- without being not needing ners they ciety (pream- useful a to be useful should stay ble) woman is not to have with them • Women pro- worthy/not as worth, but because of vide im- worthy simply ex- the sake of portant con- • Technically isting and their chil- tributions to all women thereby dren welfare of are supposed having family (pre- to be seen as worth amble), espe- worthy • No men- cially as • Overall tion of how mothers (art. women de- this applies 11.2.d) picted either in abuse as mothers, situations
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• Women have as equal to (art. same inher- men, or as 16.1.d) ent rights as victims men (art. 3) • Repeated us- age of family planning
iii. DEVAW
Themes Outline of What does this What is not What does this Situation imply mentioned imply Presentation of • VAW as an • Similar im- • No mention • Women do Women obstacle to pression of that women not need to the achieve- women as in must be of be useful to ment of CEDAW service to be worthy equality, de- but more fa- be consid- of enjoying velopment, vorable due ered worthy their human and peace to acknowl- • No mention rights (preamble) edgement of of women • Ignoring • Focus on conse- as mothers that mother- how VAW quences of • No recogni- hood can be impacts VAW for tion of a factor women them- women VAW as a leading to selves (4.k) violation of particular human vulnerabil- rights ity to GBV • VAW, while a big problem, is not a viola- tion of hu- man rights
iv. Beijing Declaration
Themes Outline of What does this What is not What does this Situation imply mentioned imply Presentation • Acknowledg- • Highlights ------of Women ing contribu- that women tions of provide a lot women to so- of important ciety, both at work for the work and at well-being home (art. of society II/II/21) and a lot of • Women it is unpaid should have (family)
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possibility to • While realize their women are full potential important (art. I/12) contributors • Maternity, to society, motherhood, they a) also and parenting have their as increasing own agen- vulnerability cies and b) (art. II/II/29) this does not define their value/worth • Motherhood as leaving women es- pecially vul- nerable while not di- minishing women who are not mothers
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