(PDF) Gender equality in feminism
Added on 2021-04-26
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Running head: SHORTENED TITLE UP TO 50 CHARACTERS1NAMECOURSEINSTRUCTORDATEIntroductionFeminism is a feminist movement aimed at eradicating male-female inequality (Blunt and Wills,2000: p. 90). It's about power structures that affect how people communicate with one anotherand how some facets of life, in particular, are gendered. Feminism is thus inextricably tied tointernational law and can only be seen in one sense. Even though the global legal framework canextend its reach, the perspective remains limited. The meanings and shortcomings ofinternational law should be discussed from a critical and feminist standpoint. Feminist legalphilosophy is divided into two broad strands. First, international law's implicit and masculinistprinciples must be addressed and critiqued in both theories and practice. The second step is toamend foreign law to reflect the needs of women worldwide properly. "Feminist ideologies havelittle relevance to international law analysis," it has been argued (Hunter-Williams, 2009).Despite this critique, feminist views have plenty to offer international law theory. The lack ofconservative legal approaches and the rise of feminist philosophies in fields such as childtrafficking and refugee law illustrate feminist philosophy's interest in international law.According to the report, the lack of women in international law blurred the profession'sboundaries and "created a narrow and insufficient case-law that legitimized, rather than callinginto question, the inequality of women in the world" (Charlesworth and Chinkin, 2000: p.1).Feminist philosophy intervenes in this situation, making a significant contribution to the Study ofinternational law. Traditional international law theories have not taken the plight of women1
around the world seriously (Charlesworth and Chinkin, 2000: p.25). Feminist ideologies, on theother hand, help to understand international law and the structural injustice that women face. Therest of the article disproves the argument that "feminist philosophies have little to apply to theinternational law review." It is important to note that there is no one school of feminist case law,and the ideas vary in many ways.Liberal feminism:Liberal feminism typically supports the language and goals of the modern domestic legal order.According to Charlesworth and Chinkin, liberal women "insist that the legislation fulfills theobligation to regulate the principle of decision-making" (2000: p.39). Their primary aim is toensure that men and women are represented fairly in public spaces, such as politicalrepresentation and participation, as well as fair access to and opportunities in paying jobs,business services, and schooling (Charlesworth and Chinkin, 2000: p.39). As a result, liberalfeminism has much to add to international law by promoting gender equality.Cultural feminism:According to Charlesworth and Chinkin, cultural feminism is "in the recognition and restorationof ideals and memories recognized as women in particular" (2000: p.40). In terms ofepistemology, philosophy emphasizes the value of experiential understanding, claiming thatwomen's subjugation enables them to have more comprehensive and reliable interpretations ofnature and social life (Harding, 1986: pp.24-29). Carol Gilligan's contributions to this field aresignificant. Gilligan explores how to think or solve challenges in a distinctly feminine manner(Gilligan, 1982). She describes a "different" voice that makes choices based on emphasis andattachment ideas instead of logical logic-driven decision-making (Gilligan, 1982: p.24). Womenare linked to the former, while men are related to the latter (Charlesworth and Chinkin, 2000:
p.40). Gilligan's dissertation has proven helpful in analyzing legal theory, which argues thatdecisions are abstract and impartial. "Legal reasoning's objectivity and legitimacy are thereforediminished if it merely reproduces a male style of reasoning" (Charlesworth et al., 1991: p.615).This highlights the importance of cultural feminism in international law theory.Radical feminism:Radical feminism characterized women's oppression as a result of male dominance. This is whatCatherine Mackinnon has often said. She argues that the statute discriminates against women byimposing a rigid gender and sex hierarchy (Mackinnon, 1987:205). Extreme feminism has takeninto account the public/private dichotomies that are now prevalent in liberal thinking. The publicsphere of labor, law, culture, schooling, intellectual and cultural life is regarded as the naturalprovince of men. At the same time, the home, heart, and private realms of children areconsidered the proper domains of women (Charlesworth et al., 1991: p.626). This distinctionprompted a controversy among feminist academics about whether it can also lead to women'sdark or legal mastery. This discussion has the potential to undermine progressive feministphilosophy. However, it increases consciousness of men's superiority over women, and itspositives overshadow its negatives, most notably the international law framework's oppressivestructure.Global North:Feminist demonstrations have not been limited to people from the Global North. The expression"third-world feminism" refers to approaches formed by women in the global south and women ofcolor in the global north. These approaches investigate the disparities between men and women,as well as those between them. For example, Alice Walker invented the word "womanism" whenmany Black women favor the term "manhood" to "feminism" because the latter is primarily
white and sometimes uncritical in its whiteness (1984, quoted in Blunt and Wills 2000: p. 114).Charlesworth et al. used the idea of a "different voice" in international law to analyze feminismsin the Third World (1991: p.615). According to scholars, third-world countries have criticizedinternational law for being either unfavorable or unable to satisfy their needs (Charlesworth etal.: p.616). They further argue that, while the "different face" of developed countries has beencentral in its opposition to international law, it has concentrated on economic injustice ratherthan challenging the quiet expansion of international law by half of the world's population or thedisproportionate effect of international law on women (1991: p. 618). It also applies tointernational law by explaining the applicability of Western feminist ideologies of third-worldcultures and societies, which goes beyond the limits of third-world feminism (Charlesworth andChinkin, 2000: p.46).Value of feminist ideologies':The value of feminist ideologies' contribution to international law is shown in practice in the caseof sex trafficking. In December 2000, 80 countries signed the United Nations Protocol toPrevent, Suppress, and Punish Human Trafficking in Persons (Trafficking Protocol),emphasizing women and children (Doezema, 2002: p.20). The Trafficking Protocol's goal is toconceptualize an international problem; it includes the first definition of international lawtrafficking and mechanisms for international cooperation to solve this issue (Sullivan, 2003:p.68). The Trafficking Protocol defines "acquisition, transportation, resettlement, harboring, orreceipt of persons through intimidation, use of force, and other forms of coercion" as "therecruitment, transportation, relocation, harboring, or reception of persons through intimidation,use of force, and other types of coercion" (United Nations, 2003: p.2). Women's prostitution isparticularly lucrative for merchants in the sex industry. According to the United Nations, 4
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