Women and Human Rights:
Tradition, History and Women
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Dominant patriarchical view
– This view claims that historical male dominance is rooted in the anthropological sources of
human society.
– Traditional division of labor: Hunters and gatherers. Is there a biological difference between
men and women?
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Matriarchical view
– This is the belief that the first human societies were, in fact, matriarchical. The basis for this is
to be found in some of the earliest artifacts of human society that show examples of the ‘earth
mother.’
– These societies had a prime role for the elder female of the tribe.
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General equality or ‘primitive communism.’
– This view argues that the first human societies were largely equal. Differences were based on
necessity on not a presumed superiority buy any gender over another.
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Sex versus gender
– Many have argued that we need to make a basic distinction between sex and gender. Sex is
largely determined by birth and is based on basic physiological differences between men and
women. Gender, on the other hand, is created through specific gender roles that are largely
learned in and through society and culture. Gender is conventional and can change and adapt
over time to different cultural settings.
Traditional Gender Dichotomies
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Male
Aggressive
Rational
Strong
Out of home
Assertive
Violent
Political
Worldly
Hard
Experienced
Sexually dominant
Prime “breadwinner”
Intelligent
Up-front
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Female
Passive
Emotional
Weak
In the home
Controlled
Peaceful/non-violent
Familial
Naïve
Soft
Pure
Sexually passive
Prime “caregiver”
Un-intellectual
Manipulative
Women and Traditional Law
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Generally, traditional law, from Roman law to medieval law and common law, have a generally
similar attitude towards women. The general idea was that women were not seen as “persons” in
the eyes of the law.
Women in medieval law:
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Women in Roman Civil Law;
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1. Women were not allowed to marry without their parents’ consent.
2. Women could own no business without special permission.
3. Women were not allowed to divorce their husbands.
4. Women could not own property of any kind unless they were widows.
5. Women could not inherit land from their parents if they had surviving brothers.
1. Women were considered as an appendage of their husband, father or brother.
2. Women could not have charge of another person: “tutela virile officium est.”
3. Women could not function as witnesses. In this regard they were seen to be like children, slaves, and
criminals.
4. Women could not start a court case without the approval of a man.
5. Women could not officially own property.
In addition to these dictates, women fell under the complete control of the men in their lives.
“Corporal punishment” was considered the right of the male. Example: “the rule of thumb.” Rape
and traditional marriage. Women during war time—rape as a tool of war.
In Canada, women gain the right to vote, in a federal election, in 1920 (1917 in Ontario).
In Canada, it is estimated that 1 in 5 women will suffer some form of domestic or spousal abuse.
Women and the “double ghetto.” Women and “double victimization.”
Women in Saudi Arabia
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Saudi Arabia is considered one of the most troublesome places for women’s rights. This is not
necessarily a condemnation of Islam, since many claim that this is not a part of Islam. Is it based on
traditional Arabian tribal notions?
Sharia law: many traditional Muslims claim the status of women is determined in and through this
traditional law.
Purdah: the traditional Arabian idea of gender separation.
Namus: the traditional Arabian idea of familial honor.
Saudi law:
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1. All women must have a male guardian—regardless of age.
2. Women cannot drive.
3. Sex segregation—the sexes are clearly separated.
4. Employment: women can only work with a male’s approval.
5. Education: women and the quality of their education is lower. In terms of higher education, they are
discouraged from entering traditional “male professions.”
6. Women must be completely covered in public (the hijab).
Many of these aspects of religious law are enforced through the Mutaween or religious police.
Those who argue against the status of women in Islam use Muhammad’s wife as an example. She
was a strong woman who operated her own business with skill and force.
Therefore, it is highly questionable whether these practices are grounded in the Quran. More likely
they are grounded in the pre-Islamic practices of a tribal society that Islam was trying to overcome.
Nussbaum: Women and Human
Development
• Martha Nussbaum has recently written a book called:
Women and Human Development: The Capabilities
Approach.
• The basic argument of the text is that women are a key
component in developing society’s full potential. If we
want to fight poverty and the lack of social development,
we must unlock the full capacities of women.
• Over half of the human population is not being used to help
many poor societies develop.
• A. Sen, a famous economist, has made this argument in
economic terms.
• The idea of “human capital.”
Continued
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Nussbaum argues that: “women in much of the world lacks support for the fundamental functions
of a human life” (1).
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1. Women are less well-nourished than men.
2. Women are less healthy.
3. Women are more vulnerable to physical violence and sexual abuse.
4. Women are less likely to be literate.
5. Women are less likely to have professional or technical education.
6. Women in the workplace face greater obstacles, including intimidation from family or spouse, sex
discrimination in hiring, and sexual harassment in the workplace—all without much legal recourse
7. Women lack many effective forms of political participation.
8. In many nations women still do not have the same property rights, the same contract rights, the same
rights of association, mobility, and religious liberty.
9. Women are burdened with the “double day” of taxing employment and full responsibility for housework
and child care. They lack the time to develop their cognitive and imaginative faculties.
In essence: “women are not treated as ends in their own right…Instead, they are treated as mere
instruments of the ends of others…” (2).
According to the Human Development Report (1997) of the UN Development Program, “there is no
country that treats its women as well as its men, according to a complex measure that includes life
expectancy, wealth and education” (2).
Nussbaum: we need to be more attentive to the “special problems that women face” (4).
We need to look at various comparisons of “life quality” (5-6) and at the “principle of each person’s
capability” (12).
Types of Feminism
• In addition to examining women’s issues, we
also must give expression to the responses
formed to this oppression.
• 1. Conservative feminism
• 2. Liberal feminism
• 3. Radical feminism
• 4. Socialist feminism