American Indians,civilized performance and the question of rights

Abstract

Between the middle of the 19th century and the beginning of the 20th, public arguments about the eligibility of American Indians for citizenship, and about the obligations of white Americans toward Indian populations, shifted from a focus on the rights of the Indian minority to a focus on the rights of the white majority. Similarly, discussions of the criteria for Indian citizenship also shifted, from a concern with the moral duty of the majority to ensure the human rights of the minority to a consideration of whether any claims to rights must be respected on moral grounds alone. The writings of Lydia Maria Child and Lyman Abbott on the 'Indian question' illustrate the ways in which Child's paternalistic family model of entitlement is replaced by a later model that emphasizes culture over morality, behavior over rights.     

A Human Rights Approach to Stopping Homophobic Bullying in Schools

SAMMARY

This article examines the development of Winnipeg School Division's groundbreaking program to oppose homophobic bullying by making that struggle synonymous with the defense of human rights. The analysis draws on interviews with key players in the development of the program, committee minutes, newspaper accounts, workshop evaluations and court rulings. The Division's approach involves a range of actions, the mainstay of which is compulsory workshops for all employees, and is supported by various initiatives undertaken by stakeholders outside the Division. The article assesses the strategic merits of the Division's human rights approach to stopping homophobic bullying and argues that curriculum development is still required to achieve the full potential of that approach.     

Swallowed futures,indigestible pasts Post-apocalyptic narratives of rights in Kleist and Doctorow

Abstract

Previous analyses of the intertextual relations between Heinrich von Kleist's 'Michael Kohlhaas' (1810–11) and E.L. Doctorow's Ragtime (1976[1975]) have focused on adaptation, assessing the changes made to the original. By contrast, this article focuses on what motivates the choice of Kleist's novella as an intertext in the first place and argues for a different, narrative logic binding the two. Both texts fixate with great ambivalence on the potential for transcending pervasive difference in the general and common, and they are both post-apocalyptic responses, alternately tragic and ironic visions of transcended difference. Together, the two tell a story of the discursive formation and deformation of the idea of universal human rights – a story that suspends the discourse of human rights between two traumatic moments of articulation and violence (in the late 18th century and the mid-20th century, respectively) that animate, yet remain inaccessible to each text.     

Taking Older People's Rights Seriously: The Role of International Law

ABSTRACT

Older people face many difficult challenges that amount to a deplorable violation of their basic human rights (poverty, discrimination, denial of social services, etc.). However, the world has been slow to react. Factors that limit global responses to the challenges of aging include: limited political will, the prevalence of neo-liberalism, and NGOs' longstanding advocacy for other seemingly “more” disadvantaged groups. Such oppression of and discrimination against older people require a concerted world-wide response. We contend that the introduction of an international convention on the human rights of older people is most relevant. Reinforced by a potent international monitoring system, the convention should contain comprehensive and legally binding provisions that require participating states to promote older people's rights. It is argued that international law would be a powerful force in defending and protecting older persons, operating as a baseline for establishing underlying values for national aging policies and linking older persons' concerns with other segments of society.     

Agenda Setting and African American Women in State Legislatures

SUMMARY

Political scientists have, in recent years, uncovered substantial evidence that political representation in the United States is influenced by gender and race, yet generally examine the effects of gender entirely separate from the effects of race. In this article, we explore the agenda-setting behavior of African American female state legislators. We find that African American women do respond to both women's interests and black interests. We also find that while the sponsorship of black interest measures by African American women (or other legislators) is not influenced by the proportion of African Americans within the chamber, African American women are less likely to sponsor women's interest measures in legislatures with a relatively high proportion of women present. We conclude that because of their focus on multiple groups, black women occupy a unique place in representation, and that their choices are influenced by the institutional context in which they work.     

De Jure vs. De Facto Rights: A Response to “Human Rights: What the United States Might Learn from the Rest of the World and,Yes, from American Sociology”

Blau's ( 2016 ) argument for a Constitutional Project implies that changes in the U.S. Constitution would ensure fundamental adherence to human rights standards. We disagree with the assumption that legal and institutional instruments are guarantors of human rights practice. Instead, we see rights practices as the function of power struggles that include but go far beyond formal law. Instead, we emphasize an important distinction between de jure human rights instruments and de facto human rights practice, arguing that the focus on de jure instruments and legal discourse misses the significant effect of social movements and direct action that secure rights practice. De jure instruments may codify human rights and enumerate them as important, but they do not carry the authority of enforcement. We argue that the pursuit of human rights must be reframed to include both de jure and de facto human rights terrains. While charitable provisions from generous states can temporarily relieve specific human rights abuses, universal human rights practice requires establishing the fundamental political primacy of the people through the processes of the human rights enterprise.     

Confronting Gender Discrimination in the Mexican Workplace

Abstract

This article focuses on the issue of gender discrimination in Mexico, in light of NAFTA since passed in 1993. A model of transnational contention from social movement theories is modified and used to analyze the integration of actions by Mexican, US and Canadian women's and labor group's actions, as they fight for Mexican pregnant workers' rights. Data from interviews with labor leaders, female legislators, political parties and feminist NGOs in Mexico and tri-national government documents are processed in a typology of transnational contention, revealing a high degree of integrated transnational and domestic efforts-which I argue is the basis for a growing women's labor movement in the region.     

Rethinking law from below: experiences from the Kuna people and Rojava

ABSTRACT

This article presents a modest summary of the vivid discussions around the role of law and human rights that took place during the workshop ‘Seeking answers from below to the contemporary crisis of democracy’ in Siena in October 2018. Representatives from social movements, CSOs and academic considered law as one of the central issues to be discussed in order to better grasp and counter the global power structures. Law historically serves national and global elites’ interests, being applied to maintain the status quo of social injustice and inequalities. Therefore, this article presents some ideas and provokes some fundamental questions on how law and human rights can be part of an emancipatory project. Based on concrete experiences of the participants, from Rojava to the Kuna people, we critically discuss how legal instruments can be used to strategically defend people’s rights, strengthening the use of law from below.     

Parent Effectiveness Among Single,Low-Income,African American Mothers

Abstract

This study was an exploratory investigation of parenting effectiveness among 135 single, low-income African American mothers. Two aspects of parenting were investigated, satisfaction with one's ability to parent and parent effectiveness or abilities. Two instruments were used to measure these concepts, the Kansas Parental Satisfaction Scale (James, Schumn, Kennedy, Grigsby, Shectman, & Nichols, 1985) and the Parent Success Indicator for Parents (Strom & Strom, 1998).

Results indicate high levels of effective parenting among the group on both measures. This was true regardless of the mother's age, level of income, level of education, number of children, or age of the oldest child. Implications for social work practice, policy, and research are presented.     

Protecting difference or promoting equality? US Government approaches to women's rights and the UN Commission on the Status of Women, 1945–50

Abstract

American propagandists and policy-makers throughout the Cold War era embraced the discourse of domesticity and the need to protect women as key markers of difference between the United States and the Soviet Union. However, with the establishment of the United Nations institutions, legislation and discourse on women's equality emerged, which prioritized equality over the protection of difference. This article will explore how the United States sought to negotiate between these two competing strands in women's status. It will focus on the relationship between the US government, particularly the State Department, and Dorothy Kenyon, the first US delegate to the Commission on the Status of Women at the United Nations. It will demonstrate that, whilst Kenyon became increasingly convinced of the need for the USA to embrace a more proactive position on international women's rights, the US government's position remained dismissive and superficial.     

Hospital Mergers

Abstract

When secular and sectarian (often Catholic) hospitals merge, women's reproductive healthcare services are often put in jeopardy. Some merger efforts are successful and others fail. Several issues arise as a result of this situation. First, what role do women's reproductive rights activists and their supporters play in effecting hospital merger decisions? This question does not assume that all women support women's rights organizations or that all women support a full range of reproductive rights. Secondly, what other factors seem to effect the outcome of merger discussions? In order to answer these questions, it is first necessary to understand the extent of Catholic hospital expansion and the nature of the hospital merger movement itself. These considerations will provide perspective for the two case studies of the American hospital merger movement that provide venues for examining the issues relating to participation and other factors that effect the outcome of merger talks. Cumberland and Baltimore are the two communities examined in this study. Though it would be a mistake to generalize to all merger situations based on these two cases, there are lessons that women's reproductive healthcare advocates can learn from the experiences of these two communities.

The issue of hospital mergers and the availability of reproductive healthcare services for women does raise an additional issue. Private sector decisions are being made that have a direct impact on public services, that is, the availability of a set of healthcare services in communities. This is not the direction that most public policy analysts consider.

The more frequently asked policy questions begin with public policy decisions and ask how they influence non-governmental decisions.     

Classroom Approach for Managing Dietary Restraint,Negative Eating Styles,and Body Image Concerns Among College Women

Objective: In this exploratory study, the authors evaluated the impact of an elective college course on dieting levels, eating styles, and body image among college women. Participants: Participants were a convenience sample of 29 self-selected female students at a western university who were mostly white, normal-weight seniors with significant dieting experience. Methods: The authors used valid and reliable instruments to collect data both before and after testing. An instructor conducted the program in an undergraduate course that met twice weekly for 15 weeks. Theory-based lessons focused on resisting media pressure, modifying dietary restraint, eating in response to hunger (intrinsic eating), and achieving healthy body image. Dependent variables included intrinsic eating, dieting involvement, emotional eating, body image, and self-esteem. Results: A comparison of pretest and posttest scores identified significant improvements for most measures. Conclusions: A theory-driven elective course implemented within a college setting may improve women's eating styles and body image.     

Disrupting 21st-Century In/Security

Abstract

This thematic issue probes into twenty-first-century security concerns in the United States, Canada and Mexico, and their transnational implications. In particular, it explores three tensions that characterise contemporary security concerns: national security vs. human security, policy measures vs. grassroots activism and scholarly discourses vs. artistic interventions. The 'War on Terror' launched by President George W. Bush marked the beginning of the century with issues of violence and insecurity, with major human rights ramifications. Grassroots activists, however, have resisted the imposition of security policy and stood up to the insecurities they face. This thematic journal issue discusses questions of in/security around a robust people-centred framework that delineates questions of insecurity as a complex nexus that intertwines policy-making, everyday experiences, cultural representations and formal and informal communication networks. This focus presents an alternative to more conventional approaches that examine issues of societal in/security solely from the viewpoint of nation states and law enforcement. The collection’s case studies address the ways in which ordinary people in a transnational North American context experience questions of insecurity. The articles highlight the central position of gender, race, class and sexuality in both strengthening and challenging danger, uncertainty and liminality.     

‘We are not Victims,we are Protagonists of this History’

This article centers on the Mexican and Argentinean ‘Dirty Wars’, examining the limitations inherent in human rights and women's human rights responses to these epochs of violence. I situate Argentina's report on the dictatorship, Nunca más (1984), in conversation with Elena Poniatowska's text on the 1968 Mexico City massacre, La noche de Tlatelolco (1971), to trace the rise of a global human rights discourse that has become the dominant manner of conceptualizing human rights violations and gender violence in the latter half of the twentieth century. While feminist critiques of human rights have centered on the lack of gender-specific focus of violence committed against women, this article questions whether the women's human rights discourse disengages the historical, economic and geopolitical realities from which these violations were committed and instead focuses on women's sexual violations to garner international condemnation of gender violence. By turning to these texts, this article centers on the possibilities and limitations of women's human rights discourse and the impact this has on the shaping of women's political agency. This article calls for a critical feminist approach to women's human rights in order to document narratives of women survivors of human rights abuses without obfuscating their political subjectivities.     

Child Care as a Human Right: A New Perspective on an Old Debate

SUMMARY

A range of international human rights documents recognize the importance of child care for both parents and children, including the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination Against Women, and the International Covenant on Economic, Social and Cultural Rights. While domestic advocates within the United States have long argued for an expansion of government-supported child care, the significance of child care's status as an international human right has not been explored. In other nations, international law has played an important role in spurring governments to expand childcare services. Reframing the child care issue in the United States as a question of international human rights could be an effective way to enlist new allies, posit new paradigms, re-energize the child care debate and shift the domestic focus toward more progressive models.     

Woman and Desire Why Women May Not Want to Want

Questioning why it is that female genitalia and desire are viewed in psychoanalytic theory as hidden, inaccessible, and lacking, the author examines 1) female genital representation, 2) girls' erotically desirous relationships to their mothers, and 3) the nature of women's experience in sexuality. The author proposes that the marker “absent” regarding female genitalia and desire may be a particular female form or protection against “castration” of sexual desire; males inflate whereas females may deflate their genital representation and desire. The author suggests that the female body lends itself-and, abetted by culture and psychoanalytic theory, is unconsciously used by females—to a specific form or protection of female desire.     

Imagining Animal Rights in Nineteenth‐century New York: Satire and Strategy in the Animal Protection Movement

In 1866, America's most widely circulating newspaper the New York Herald published an extended satire directed at Henry Bergh and his newly established American Society for the Prevention of Cruelty to Animals, the first animal protection organization to be established in the United States. This article takes the Herald authors' decision to satirize the animal protection movement by framing it in terms of animal ‘rights’ as an opportunity to consider the challenges associated with that frame. Weighing the ease with which the movement could be ridiculed through the concept of rights and the broader discursive landscape connected to the rights of blacks and of women in the wake of the Civil War, it argues that animal rights was far more useful as a framing strategy to the critics of the animal protection movement than it was to its proponents. In turn, the article suggests that the challenges associated with the concept of animal rights that are revealed in this satire help to explain the dominance for much of the movement's history of the animal welfare frame over that of animal rights.     

Food Sovereignty and the Recognition of New Rights for Peasants at the UN: A Critical Overview of La Via Campesina's Rights Claims over the Last 20 Years

Abstract

This article explores how human rights framing by the transnational agrarian movement La Via Campesina (LVC) has evolved over the last 20 years. It discusses how the movement has worked towards institutionalizing new categories of rights, such as the ‘right to food sovereignty’ and the ‘rights of peasants’, thereby contributing to the creation of new human rights standards at the United Nations (UN). It also critically addresses some of the challenges the movement has been confronted with when framing its demands in terms of rights. Its overall argument is that LVC has managed to tap the potential of the rhetoric of rights to find common ground, thanks to its innovative use of non-codified rights. This has enabled activists to ‘localize’ human rights and make them meaningful to their various contexts. However, it contends that further advancing the movement's goals will require serious consideration of some of the key limits of the human rights framework.     

Redefining the American Revolutionary: Gabriela Mistral on José Martí

Abstract

This essay criticizes the historical investment of Martí's readers in a discourse that values conservative, sexually unambiguous femininity and masculinity. The essay grapples with the vituperative register of José Martí's misogyny in order to reveal another version of the American revolutionary. Drawing on one of his earliest feminist critics, Gabriela Mistral, I show how corporeal tropes in Martí's rhetoric betray instances of empathy with emerging alternative practices of femininity and masculinity. Assisted by Mistral's overlooked and overtly gendered critique, this essay limns a tropical Martí — an embodied, sensual, demonumentalized poet who plays with language. In readings of Mistral's several essays devoted to Martí, the essay shows how Mistral's Martí represents an alternative to the heroic masculinism and violent militarism of a longstanding revolutionary American tradition.     

Gender and Citizenship in a Global Context: The Struggle for Maquila Workers' Rights in Nicaragua

This article analyzes the strategic deployment of rights and citizenship discourses by a Nicaraguan women's organization (MEC) and the struggle that this group has faced in reconciling the use of these discourses with its aim of bringing about changes in the conditions faced by women workers in the Free Trade Zone (FTZ). Contestations regarding notions of citizenship are explored, and I discuss Nicaraguan state agents' and (to a lesser degree) maquila factory owners' use of notions of citizenship, and how they both coincide and conflict with neoliberal social and economic projects. The case of this Nicaraguan organization's discursive engagement with state actors sheds light on the question: How do ideologies linked to transnational social movements filter into regional and national discourses and become transformed by local actors? In addition, this case has important implications for the larger issue of changing state sovereignty within a global context. A contextualized approach to the strategic use of (human) rights and citizenship calls attention to the complex and situationally specific dilemmas and opportunities involved in adapting this "frame" to work for oppositional objectives. Furthermore, viewing rights and citizenship as always situational calls us to move away from narrow conceptualizations of structural transformation to a more complex and nuanced vision.