From basic needs to basic rights

After arriving at an understanding that basic rights refer to all human needs, it is clear that a recognition of the basic needs of female humans must precede the realization of their rights. The old Women in Development (WID) framework only understood women's needs from an androcentric perspective which was limited to practical interests. Instead, women's primary need is to be free from their subordination to men. Such an understanding places all of women's immediate needs in a new light. A human rights approach to development would see women not as beneficiaries but as people entitled to enjoy the benefits of development. Discussion of what equality before the law should mean to women began at the Third World Conference on Women in Nairobi where the issue of violence against women was first linked to development. While debate continues about the distinction between civil and political rights and economic, social, and cultural rights, the realities of women's lives do not permit such a distinction. The concept of the universality of human rights did not become codified until the UN proclaimed the Universal Declaration of Human Rights in 1948. The declaration has been criticized by feminists because the view of human rights it embodies has been too strongly influenced by a liberal Western philosophy which stresses individual rights and because it is ambiguous on the distinction between human rights and the rights of a citizen. The protection of rights afforded by the Declaration, however, should not be viewed as a final achievement but as an ongoing struggle. International conferences have led to an analysis of the human-rights approach to sustainable development which concludes that women continue to face the routine denial of their rights. Each human right must be redefined from the perspective of women's needs, which must also be redefined. Women must forego challenging the concept of the universality of human rights in order to overcome the argument of cultural and religious diversity which erodes women's rights. Women can, however, challenge the traditional patriarchal understanding of human rights, drawing on the energy contained in the "basic needs to basic rights" approach.     

Editorial

This special issue of "Gender and Development" focuses on the challenges of implementing gender equity policies in organizations and development programs that have been influenced by hegemonic sex role concepts. Useful to this analysis is a framework developed by Schuler emphasizing the interdependence of substantive elements (laws or organizational policies), structural factors (procedures and mechanisms to enforce the substantive level), and cultural norms and attitudes. In general, adoption of a women-in-development approach has been based on efficiency rather than equality rationales, reflecting awareness of women's potential to contribute to economic growth. Other organizations have embraced gender equality as a prerequisite to poverty alleviation. Feminist organizations, in contrast, address the power inequities implicit in gender relations. Many enlightened grass-roots organizations currently face the dilemma of balancing their commitment to women's empowerment with the need to meet the funding requirements of bureaucratic donors in the context of an unequal partnership. Worrisome is an apparent shift on the part of mainstream development agencies from a women-in-development approach to a social welfare perspective. Alliances and networking between diverse stakeholders united around a common aim are essential to translate the rhetoric of gender equity into actual social transformation.     

Violence against women: the international legal response

Violence against women has only recently become an international legal concern, because human rights law has been directed to protect men in their public lives. The failure of human rights law to protect women from gender-specific violence has occurred because much of the violence against women occurs in private and because cultural assumptions are used to justify the oppression of women. The silent nature of this violence has masked the reality of the international nature of the problem. Also, international law primarily regulates the behavior of states. Women have lobbied for recognition of the problem of violence against women within the UN agencies concerned with crime and those concerned with women's issues. It is illustrative of the marginalization of women's human rights issues that the international instrument which guarantees women's equality, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), was not drafted through the Human Rights Commission. CEDAW's Recommendation 19 directs the attention of states towards the elimination of gender-based violence, but the participation of the 139 states which are party to CEDAW is limited by reservations the states have attached to their participation. Wider commitment to the eradication of violence against women has been sought using other UN bodies, and, in 1993, the Declaration and Programme of Action of the World Conference on Human Rights called for the integration of women's human rights into all UN human rights activities, the General Assembly adopted the Declaration on the Elimination of Violence Against Women, and the Security Council of the International Tribunal was established to prosecute offenses committed in the former Yugoslavia, including rape. In 1994, the UN appointed a Special Rapporteur on Violence Against Women to provide a continuing focus on gender violence. These calls for the recognition of the human rights of women and girls must be reinforced by the Fourth World Conference on Women. Such international instruments will not change women's lives alone, however. Improvement in the status of women will depend upon education, support services, and training of public officials. While working for social change, activists must also work to insure implementation of the instruments governments have adopted.     

Enforcing women's rights through law

Because women have to be equal partners in development to insure its sustainability, the human rights of women must be foremost on development agendas. Ratification of and adherence to the Convention on the Elimination of All Forms of Discrimination Against Women (the Women's Convention) would be a powerful international tool in this regard. In various countries, progress towards legalizing rights for women is passing through a first stage which focusses on the protection of specific rights to a second stage in which sex is included as a prohibited ground of discrimination to a third stage which addresses the pervasive and structural nature of the violation of women's rights. It is expected that governments will renew their commitment to the Women's Convention at the Fourth World Conference on Women (WCW) and, thus, take more seriously their obligations to report progress and remove reservations. Regional initiatives, such as the Organization of American States' 1994 Convention on the Prevention, Punishment, and Eradication of Violence Against Women, can also be used to protect women's rights, and the application of national constitutions and domestic laws remains the first line of defence for women. Particular attention must be paid to laws which apply to property rights, nationality, equality within the family, reproductive and other health issues, and violence against women. The Draft Plan of Action prepared for the WCW challenges states to specify their plans to eliminate discrimination. While this Plan may prove to lack vision, women's nongovernmental organizations are playing a major role in accelerating the movement of international and domestic law towards justice for women.     

Editorial

This editorial introduces a journal devoted to the issues surrounding women and their rights. As the development debate moves from women's need to their rights and to an understanding of the cultural roots of legal systems and the effects of the mass media in presenting alternative life styles as possibilities, the immense implications of using rights-based language in development emerge. This debate moves women from being the recipients of welfare to a state of empowerment. Women must be afforded individual rights which are linked to community rights. In addition, rights must be granted to women in their public and private domains. The dangers of using a rights-based language to assert women's claims to economic, political, and social equality in economic, political, and social life arise from the reality that the social position of men will usually place men at an advantage with the law. Legal processes which stress dichotomies may fail to improve real social situations. Also, the language of human rights may pit one set of rights (a woman's right to choose abortion) against another (the fetuses' right to live) to women's disadvantage. Areas governed by both customary and civil law pose other difficulties, especially since they require women to understand the law in order to use it. Development efforts which stress rights hope to meet immediate needs and to achieve a strategic end. Nongovernmental organizations can play an important role in asserting and enforcing the freedom of individuals and groups within groups. They can also build capacity at all levels of society and explore linkages between women's economic participation, decision-making within the home, and wider political participation.     

"Put your money where your mouth is!": the need for public investment in women's organisations

This article explores the inadequate funding of women's organizations, cites examples of their contribution to political processes, and argues the implementation of the political rhetoric of supporting women's organizations. Information was taken from the 1996-99 research, which employed in-depth interviews and gender analysis of records of public funds. At the start of the 21st century, women's organizations have emerged to address the health care, law, child care, education and employment legislation. However, failure of social policy in addressing the priorities of women could be attributed to the lack of acknowledgement among male leaders when making peace agreements. A call for public funding for women's organizations from government agencies was deemed important. Moreover, insufficient funds, understaffing, and marginality to mainstream economic and social development undermines organizational development and capacity to influence political agendas and development policies. In conclusion, monitoring of public investment, deemed as important in realizing women's equality, is necessary in offering opportunity to expose the inadequacy of the investment and find solutions for these problems.     

Equal Opportunities Policies in English Schools: Towards Greater Gender Equality in the Teaching Workforce?

The under‐representation of women in promoted posts is one particular pattern of occupational segregation by gender across post‐industrial societies. This phenomenon also characterizes those professions which have been described as ‘women‐friendly’, such as teaching. The development of national and European legislation and recommendations on equal opportunities reflects this concern to address the gender imbalance among the workforce. But do schools identify women's under‐representation in promoted posts as an issue? To what extent do school's policies recognize and remedy the gender imbalance at managerial level? To answer these questions this article draws on a study of women teachers' careers in nursery, primary and secondary education in England. It shows that school equal opportunities policy statements widely ignore the under‐representation of women in school managerial positions. It suggests that the constructions of gender issues in schools by those in charge of designing and implementing school policies, that is, head‐teachers and governors, represent a key hindering factor for equal opportunities policies to contribute to greater gender equality. A major argument in the article is that because head‐teachers' and governors' discourses do not always fundamentally challenge the position of women in society, school policies and practices can offer only a limited contribution to gender equality.     

More words but no action? Forced migration and trafficking of women

A 1997 international conference held in Moscow addressed the issue of trafficking of women from Russia and newly-independent states. During the first half of the 20th century, policies to abolish "white slavery" were based on abolitionist ideas that understood the women solely as victims. It is now recognized that high rates of unemployment may lead women to choose migrant prostitution as a survival strategy. Feminists entered the debate with concerns about whether prostitution is a valid job option or a form of violence against women. Thus, some women's groups distinguish between free-will prostitution and forced trafficking. Others argue that all forms of trafficking and prostitution are forced and, therefore, violent. The UN definitions distinguish between trafficking and forced or coerced prostitution. The Moscow conference identified possible state responses to trafficking as 1) considering trafficking to be a form of organized crime and invoking criminal statutes (this is difficult and ignores women's real needs), 2) considering trafficking a form of illegal migration and invoking criminal statutes (this is also problematic, especially since corrupt government officials can foster trafficking), and 3) applying international law (this is of limited use because relevant laws have not been ratified). Nongovernmental organizations generally adopt abolitionist strategies like job training or education and consciousness-raising. An empowering policy would include preventive educational initiatives and support for repatriated women.     

Coming together. Experiences and lessons from an LGBTQI project in three countries

This article reflects on experiences and lessons from an LGBTQI project implemented by Oxfam and its partners in South Africa, Zimbabwe, and a third country in Asia where LGBTQI work is strongly criminalised. It argues that protecting and promoting the rights of LGBTQI persons, so that they can live a decent life without violence, needs a systemic shift in social norms and attitudes, even in contexts where laws and policies promise equality. Development policymakers and practitioners can usefully channel funding and other forms of support to LGBTQI leaders, groups, and movements who are best placed to lead the social change needed. The article shares a wide range of strategies used by the project and calls for development organisations and funding agencies to work with LGBTQI organisations in solidarity and sustain their vital activism, long term. It focuses in particular on the key strategies of supporting the development of safe spaces, both in ‘real life’ and online. These spaces are extremely important for psychosocial well-being, challenging social norms, fostering collective consciousness, and collective action. The article also focuses on advocacy to place LGBTQI issues in the spotlight, internationally as well as nationally.     

Domestic violence laws: the voices of battered women

This article reports the findings from an exploratory survey of battered women's views about mandatory arrest, mandatory reporting by doctors and nurses, no-drop policies, confidentiality laws, privilege laws, court-victim advocate programs, and specialized domestic violence courts. Although there was general support for the adoption of these laws, some variation based on demographic and situational circumstance was found. These findings raise questions about the universalistic nature of polices developed to address the problem of domestic violence. Battered women are not a homogeneous group, and public policy may be better designed to accommodate the individual needs of victims.     

Women's legal knowledge: a case study of Mexican urban dwellers

In Mexico, the nongovernmental organization Sevisio, Desarrollo y Paz, A.C. (SEDEPAC) is helping poor women acquire legal knowledge in an economic climate characterized by the increased feminization of poverty brought about by the Structural Adjustment Program. The Mexican legal system is grounded in a patriarchal tradition, and the codified laws continue to favor men. Women were not granted full citizenship until 1953, and discrimination against women was not addressed in Mexican law until 1974 as the country prepared to host the First UN International Women's Conference. However, legal advances are not being applied in the family or in larger society where men remain in power. Mexico also distinguishes between private law and public law. Because domestic violence falls in the realm of private law, authorities are loathe to follow-up on women's complaints in this area. Since its founding in 1983, SEDEPAC has applied a gender perspective to its activities and programs. SEDEPAC held its first women's legal workshop in 1987 and realized that most poor women have no knowledge of existing laws or their rights, that alternative legal services for women are scarce, that existing laws must be changed, and that the authoritarian and conservative legal system helps maintain cultural stereotypes. Since then, SEDEPAC has held annual workshops, follow-up meetings, and training sessions and has provided counseling. The main topics addressed are women's social conditions; violence and the penal code; civil rights, power, and dependency; women's bodies and reproductive rights; and women's organization and leadership. The workshops use techniques of popular education such as group participation and use of gossip as a communication tool. The workshops have changed participants' lives and led to the formation of an independent Popular Defenders' Coordination.     

Transforming child welfare: from explicit to implicit control of families

Through a historical review of child welfare laws and policies between 1896 and 1992 in Norway, this article investigates the state control of families. The central questions in this article relate to the transformations in the forms of state control of families. The research on which this article is based has relied on a genealogical approach. The sources are comprised of previous studies focusing on the historical development of child welfare in Norway. This article argues that state control, from having been explicit in the late nineteenth century, has today become increasingly implicit and hidden. Indeed, the value granted to children's rights and equality has made opposition to state interventions in families difficult. I relate the transformations in state control of families to the affirmation of the norms of ‘egalitarian individualism’. As Norway is amongst the first European countries to make child-centrism a hallmark of its social policies, these findings have implications for EU countries that may follow its path.     

International Transfer of Policies and Practices of Gender Equality in Employment to and among Muslim Majority Countries

This article investigates the premise that it is possible to transpose organizational approaches to equal employment opportunity (EEO) from western countries to Muslim majority countries (MMCs). Drawing on policy interviews and documentary evidence from public sector organizations and international development agencies engaged in the promotion of gender equality in Turkey and Pakistan, we question the effectiveness of diffusion of gender equality policies and practices to and among these two MMCs. Our investigation reveals the primacy of context over essence in developing effective ways to construct EEO policies and practices which can be adopted in MMCs.     

Culture and the law in Islam

Rather than living in a homogeneous world, Muslim women participate in vastly different cultures. The Women Living Under Muslim Law (WLUML) Network was set up to unite women in Muslim countries across the world and to stimulate them to analyze and reconceptualize the nature of their situation in order to formulate strategies for change. In Muslim countries, the law provides a web of rules which shape every aspect of women's lives. Because these laws have been presented as "Islamic," traditional human rights groups have been loathe to criticize them for fear of trampling religious rights. The WLUML started the "Women and the Law" project, therefore, to chart and conduct action-oriented research in law in 26 countries. This project is based on the conviction that the key to women gaining the power to control their destinies will lie in their ability to master the law that shapes their lives. This project should lay the foundation for the vindication of the human rights of Muslim women.     

"I am witness to": a profile of Sakshi Violence Intervention Centre in New Delhi,India

Sakshi, a group formed in New Delhi, India, in 1992, seeks to create awareness of violence against women and promote justice for its victims. Its creation was spurred by the gang rape by police officers of a girl in custody and the subsequent minimization on the part of the Supreme Court of India of the seriousness of the crime. Program activities have included informational workshops for governmental and nongovernmental organizations, feminist legal research into violations of women's human rights, counseling for victims of violence, and sensitization programs for police and the judiciary. As a result of Sakshi's lobbying, the Supreme Court passed a set of Guidelines on Sexual Harassment at the Workplace in 1997. An ongoing problem has been Sakshi's dependence on donor funding and the related requirement of adopting development agencies' agendas rather than allowing development to be a demand-driven, needs-based process. Sakshi's experience has led to the awareness that violence cannot be countered by intervention measures alone; rather, program activities must be linked with other forms of gender development. The group has adopted use of the term "substantive equality" to form links between different systems in society and to empower women.     

Nonprofit agency dependence on direct service and indirect support volunteers: An empirical investigation

Thirty agency directors or volunteer coordinators were interviewed regarding the human resource techniques they use to attract and retain two types of volunteers: direct service and indirect support. Agencies that depend on direct (point‐of‐service) volunteers are more likely to bring volunteers on board and use the performance feedback process to guide any needed improvements. Role playing and mentoring are particularly effective training techniques for these volunteers. Despite the critical function of point‐of‐service volunteers, more sophisticated recruitment and screening techniques were not used, contrary to expectations. Agencies that depend on indirect support volunteers use the recruitment process to screen out those who would not be successful volunteers and terminate them quickly for lack of confidentiality and reliability, particularly if they have had on‐the‐job training. Agencies hesitate to terminate direct service volunteers even for lack of ability and violations of policies and procedures. Finally, agencies used nonmonetary rewards with indirect support, but not direct service, volunteers. Implications of these findings and others are discussed.     

Identity without Politics: Framing the Parity Laws and Their Implementation in French Local Politics

This article provides an alternative approach to the argumentsof "critical mass," whose tenets assume that policies fosteringwomen’s rights would arise from an increase in women’spolitical representation. Instead, the article argues that thecultural repertoires that are used to justify women’shigher numerical presence also matter. Indeed, different repertoires—suchas claiming women’s inclusion into politics in the nameof women’s interests or in the name of their difference—havedifferent political outcomes. This case study of the Frenchsex-parity laws, which ensures a 50-percent quota of women inpolitics, explores the connection between the rationales tolegitimize the laws and their implementation at the local level.This provides for, first, an investigation of how the requirementto make the parity claim compatible with French cultural repertoireson citizenship and sovereignty has led parity advocates to definesexual difference as universal. Then, drawing on interviewswith local politicians, it shows how this rationale underliningsexual difference has failed to define gender relationshipsas political and, thus, to promote gender equality in localpublic policies.     

Protecting Women Asylum Seekers and Refugees: From International Norms to National Protection?

Little attention is paid in most national asylum policies and legislation to the specific position of female asylum seekers, and to gendered aspects of refugee and asylum situations. Further, even in those countries that have adopted asylum legislation to specifically address the question of women asylum seekers and victims of gender specific persecution, problems still remain in the implementation of these policies and in the full recognition of persecutions specific to women. Whilst the issue of protection of women victims of this type of violence have been put on the international agenda, at least to some extent, through directives on the defence of women’s human rights and on the protection of female refugees and asylum seekers, the international norms which have thus been created have been implemented unevenly and unequally in different national contexts. This article seeks to analyse the extent to which national asylum legislation and policies have integrated a concern with the protection of women victims of gender specific forms of persecution, and how effective this implementation has been. The article will engage critically with existing accounts of global norm creation to examine the uneven diffusion and implementation of norms on the protection of female refugees, pointing to the importance of discursive opportunity structures open to actors in mobilising around these issues at local and national levels. It will also argue that even where policies and legislation dealing specifically with women refugees and asylum seekers do exist, they may not actually address some of the important insecurities facing these women because of an approach that does not fully comprehend and act upon gendered structures and relations of power.     

Not so great expectations: sex and housewives in Hong Kong

The study explores the life of married women who are being described as having "good," "normal," "blessed" sexuality. The case of si-nais (housewives) in Hong Kong shows that we can never assume that married women (or any social category) are privileged by virtue of their status on the sexual hierarchy. The blessings of social respectability apparently enjoyed by these women may work to enable or hinder women's expression of their erotic desires and sexual fulfillment, depending on their special social circumstances. These women's imagination and experience of good sex is composed of a multitude of components. Women may feel good because they can achieve other psychological and social aims that are important in their lives (which could be related to the maintenance of marriage or the peace of the family). Women may feel good because of the erotic satisfaction that they derive from different pursuits including interests, leisure or other intimate relationships, rather than sexual fulfillment in terms of orgasm or physical pleasure. Women may reformulate their pleasure variously at different stages of their lives. Social respectability, orgasm, emotional intimacy, or any other specific element, may all enter or leave the formula for good sex.