“It’s Another Way Of Making A Really Big Fuss” Human Rights And Women’s Activism In The United Kingdom: An Interview With Tania Pouwhare

Following the “Encountering Human Rights” conference in January 2007, Emily Grabham interviewed Tania Pouwhare, a women’s rights activist working at the Women’s Resource Centre in London. Their discussion engaged with the professionalisation of activism, funding constraints and New Labour policies and their impact on immigrant women. Against a background of financial insecurity and huge demand for their services, many women’s organisations in the United Kingdom struggle to use human rights law to advance women’s rights. Nevertheless, the rhetoric of human rights remains powerful within women’s activism, and law remains relevant as a potential form of ‘direct action’ and “another way of making a really big fuss”.     

Women’s equality in Northern Ireland’s transition: intersectionality in theory and place

Women are invisible in mainstream analyses of the Northern Irish conflict. The prodigious literature is uninformed by gender analysis. These absences have discursive and material implications for tackling women’s inequality in a society in transition from armed conflict. Feminist intersectional theory counters and complicates essentialist constructions of identity. It aids understanding of the Northern Irish context by bringing into view issues of gender, sect and class. The tentative intersectional theoretical framework developed in this article is tested in an empirical study of women’s poverty. This supports the argument that intersectional analysis is required if the policy approach to women’s equality in Northern Ireland is to benefit the most marginalised women and thereby improve the prospects of building a more stable and peaceable society.     

The Perils of Pregnancy Ferguson v. City of Charleston

The United States Supreme Court, in its decision Ferguson v. City of Charleston,ruled that to conduct drug tests on pregnant women in public hospitals and to share that information with the police without obtaining a search warrant amounted to a violation of the women's constitutional rights under the Fourth Amendment. Set within the political context of public policy designed to monitor the activities of pregnant women and the ongoing incidence of prosecutions for ‘foetal abuse’,this note shows how the Supreme Court’s decision, while on the one hand vindicating the rights of pregnant women to be free from unlawful searches upon their person, does not definitively determine the important question of the extent to which the state may regulate women’s behaviour during pregnancy. This revised version was published online in July 2006 with corrections to the Cover Date.     

A “Quick and Dirty” Approach to Women’s Emancipation and Human Rights?<Superscript>1</Superscript>

During the past decade, women’s and human rights ‘language’ has moved from the margins to the ‘mainstream’ of international law and politics. In this paper, the author argues that while feminists and human rights activists criticise the ‘mainstream’s interpretation of women’s and human rights, ‘we’ do not question what becoming part of the mainstream and the cosmopolitan classes has meant for us. Drawing on examples of how women’s and human rights arguments have been used in the post-conflict state-building process in Afghanistan, the author attempts to show how international women’s rights and human rights advocacy campaigns planned by well-meaning humanitarians in Western capitals can backfire when implemented in politically complex environments. Dr. Sari Kouvo is a post-doctoral scholar in the Department of Law, University of Gothenburg, Sweden. She is also affiliated with the Center for Global Gender Studies at the University of Gothenburg. Dr. Kouvo has several years experience of working with human rights and gender issues in Afghanistan. The opinions expressed in this article are her own and do not represent opinions of the organisations she has worked for or is working with.     

The Mechanisms of Exclusion: Women in Conflict

Women across geographical and temporal locations have faced similar experiences in conflict and post-conflict situations due to broad conceptualisations of gender and its perceived implications, which play out within all conflict dynamics. This article draws on case studies from the work of WOMANKIND Worldwide, a UK-based international women’s human rights and development organisation, to outline the challenges faced by and innovative strategies used by women’s organisations internationally to ensure their participation, voice and rights and the role of the women’s movement in uniting disparate groups and individuals. It recognises that women are not a homogenous group and that their experiences differ widely across geographical and temporal locations. To guard against biological foundationalism and to ensure a comprehensive approach to peace-building, both a human-rights approach and a gender analysis are therefore required. Only then will sufficient voice, resources, participation, services, support, reparations, documentation and respect for human rights be ensured—both for women and men.

Exploring Gender-Specific Trends in Underage Drinking Across Adolescent Age Groups and Measures of Drinking: Is Girls’ Drinking Catching Up with Boys’?

Underage drinking is among the most serious of public health problems facing adolescents in the United States. Recent concerns have centered on young women, reflected in media reports and arrest statistics on their increasing problematic alcohol use. This study rigorously examined whether girls’ alcohol use rose by applying time series methods to both arrest data, Uniform Crime Reports, and self-report data from Monitoring the Future, a nationally representative long-term survey gathered independently of crime control agents. All self-reported drinking behaviors across all age groups show declining or unchanged female rates and no significant change in the gender gap, while the official source displays a steady narrowing gender gap and some increase of female arrest rates for liquor law violations. Results indicate that social control measures applied to underage drinking have shifted to target young women’s drinking patterns, but their drinking has not become more widespread/problematic. Girls’ increased alcohol use and abuse is a socially constructed problem, rather than the result of normalization of drinking or more strain in girls’ lives. Future underage drinking policies and practices that apply legal intervention strategies to less chronic adolescent drinking behaviors will increase the visibility of girls’ drinking.     

Identities in reconstruction: from rights of recognition to reflection in post-disaster reconstruction processes

This article examines the role of rights in both governing and shaping women’s relationship with the reconstruction process and their position in the reconstructed society. Through four years of empirical research in the post-earthquake reconstruction process in Maharashtra, India, this article focuses upon how women’s rights in social reconstruction are contingent upon processes of recognition. From the United Nations to local women’s organising, the article considers how women’s rights to “determine the pattern of their lives and the future of society” (United Nations Convention on the Elimination of All Forms of Discrimination Against Women (C.E.D.A.W.). General Recommendation No. 23 (1997), Article 7, para. 9.) are dependent upon processes of recognition. Through a critique of cultural, material and spatial acts and frameworks of recognition within the U.N., World Bank, State Government, public interest litigation, personal and nonformal law, rights are seen to actively and hierarchically construct either a modern, liberal subject or a religious, communitarian subject, which both either deny or prescribe agency. The experience of women’s organising reveals the possibility of reconstructing a feminist rights strategy of reflection.     

Barriers to Gender Equality in the Canadian Legal Establishment

In this paper we trace the historical exclusion of women from the legal profession in Canada. We examine women’s efforts to gain entry to law practice and their progress through the last century. The battle to gain entry to this exclusive profession took place on many fronts: in the courts, government legislature, public debate and media, and behind the closed doors of the law societies. After formal barriers to entry were dismantled, women continued to confront formidable barriers through overt and subtler forms of discrimination and exclusion. Today’s legal profession in Canada is a contested one. Women have succeeded with large enrolments in law schools and growing representation in the profession. However, women remain on the margins of power and privilege in law practice. Our analysis of contemporary official data on the Canadian legal profession demonstrates that women are under-represented in private practice, have reduced chances for promotion, and are excluded from higher echelons of authority, remuneration, and status in the profession. Yet, the contemporary picture of the legal profession also reveals that women are having an important impact on the profession of law in Canada by introducing policy reforms aimed at creating a more humane legal profession. This revised version was published online in July 2006 with corrections to the Cover Date.     

The Value of Relationships: Affective Scenes and Emotional Performances

Many theorists have charted for some time how capital extends its lines of flight into new spaces, creating new markets by harnessing affect and intervening in intimate, emotional and domestic relationships, and into bio-politics more generally. Feminists have known for a long time that women’s ‘domestic’ labour has been central to the reproduction of capital but that it has been made invisible, surplus and naturalised and is rarely taken into account in theories of value. Yet we are now in a bizarre historical moment wherein a format has emerged (reality television) in a major capitalist industry (the media) that is premised upon spectacularly visualising women’s labour in all its forms, especially through its focus on relationships, dispositions and emotional performance. Drawing on an ESRC research project, ‘Making Class and the Self through Mediated Ethical Scenarios’, this paper demonstrates how very different spheres of exchange—economy and affect—have come together, offering possibilities for fusing calculation and care. This process bears remarkable similarity to the legal adjudication of property and propriety in intimate relationships. Yet the paper shows how, as attempts are made to commodify affect, it is precisely affect that exposes and disrupts exchange and enables reality television as a technology of affect to visualise the different types of person-value that are constituted through class and gender relations.     

Faith in the state? Asian women’s struggles for human rights in the U.K.

The discourse of multiculturalism provides a useful means of understanding the complexities, tensions, and dilemmas that Asian and other minority women in the U.K. grapple with in their quest for human rights. However, the adoption of multiculturalist approaches has also silenced women’s voices, obscuring, for example, the role of the family in gendered violence and abuse. Focusing on the work of Southall Black Sisters, and locating this work within current debates on the intersection of government policy, cultural diversity, and feminist activism, this article examines, and critiques, the Labour government’s current “multi-faith” agenda for its impact on Black and minority ethnic women in the U.K.     

Are Women Peaceful? Reflections on the Role of Women in Peace-Building

This paper examines the way that women’s relationship to peace is constructed in international institutions and international law. It identifies a set of claims about women and peace that are typically made and considers these in light of women’s experience in the conflicts in Bougainville, East Timor and the Solomon Islands.

Between a Rock and a Hard Place: Resident Mothers and the Moral Dilemmas they Face During Custody Disputes

Recent scholarship has critiqued the tendency for separated mothers in custody disputes to be defined as hostile and alienating. Through the presentation of three case studies, drawn from an interview-based study with 21 women, we show how such pejorative constructions only arise when the conflicting gendered moral accountabilities of contemporary motherhood are overlooked. We found that mothers tend to believe that contact with non-resident fathers is generally in a child’s best interests. However, as a result of balancing complex moral obligations for the care of their children, they may raise questions about particular kinds of arrangements for contact with particular fathers. We argue, therefore, that family law practice will lead to better outcomes for children when professionals listen to the history of, and reasons for, mothers’ positions. To enable family law professionals to undertake this task, we offer an alternative interpretive framework for making sense of women’s stories. Should family law professionals make use of this framework, it is likely that they will understand that the positions mothers adopt are often the outcome of the difficult moral dilemmas they encounter in caring for their children, and that the reductive rubric of the ‘hostile mother’ needs to be treated with scepticism.     

United or divided? Women ‘inside’ and women ‘outside’ against male lawmakers in Australia

Is it possible, under patriarchy, for women's liberationists and feminists to instigate and control the direction of law reforms, particularly in areas of law directly affecting women's daily lives—such as rape laws?This article covers one instance, in New South Wales, Australia, where women agitated for law reform and played a large part, at least for a time, in formulating a new law on rape. At the end, however, women's liberation women and feminists lost control because women in the bureaucracy sided with men in the bureaucracy, despite their stance of ‘sisterhood’.Will women ‘outside’ inevitably be sold out by women ‘inside’ the bureaucracy? Once inside, does an allegiance to the establishment (the patriarchy) develop which ousts allegiance to women's liberationism? Or is it true that women inside the system ultimately recognise the system is not ‘of them’, or ‘for them’, and therefore when the barricades are up, will align themselves with women outside, rather than with the true insiders, men?     

Indian women and the new movement

During the last few years there has been a resurgence of women's groups in India. Whereas, in previous years, women's struggles took place within a framework of the broader independence movement, women now are addressing issues of rape, dowry and marriage and property laws directly. This paper argues that women's organizations in India have received considerable support over these issues because they affect an urban middle-class elite and leave the status quo relatively untouched. Women's organizations should turn their attention to more fundamental issues of women's oppression within the context of hunger, poverty and work-issues which, hitherto, have been neglected.     

Deregulation and Emergency Contraception: A Way Forward for Women's Health Care?

A deregulation of medicines is currently underway in the U.K. and France. Emergency contraception has become available over the counter in pharmacies in both countries. This might constitute a further step in the liberalisation of contraception, something which has always received support from women’s organisations and from women themselves. It also forms part of a current revolution in patient behaviour. This article examines the law governing the deregulation of emergency contraception in the U.K. and France and assesses how far this might serve to empower women to take control of their own reproductive health care provision. It considers some of the British feminist critiques of the limit to patient’s autonomy put forward by Sheldon(1998), Foster (1998), and Murphy (1998). This revised version was published online in July 2006 with corrections to the Cover Date.     

On the bottom rung: A discussion of women's work in sociology

Women, Women's Work and ‘Women's Studies’ are in a disadvantaged and marginal position within academic settings. This is a reflection of women's position in society in general, and it should be no surprise to find it to be the case in sociology as elsewhere. Women's studies has achieved some respectability within the social sciences, but rather than this being seen as a straightforward success, the disadvantages of this ‘respectability’ must be understood, as must the subtlety of male incorporation of feminist ideas not at a conscious level but within and through the male defined ethos of academia. The use of a qualitative methodology to get behind the ‘facts’ of qualitative differences in women's and men's positions is important. The lives of women postgraduates and researchers in Great Britain, those women on the bottom rung, can give us insights into the difficulties for women's studies and into the possibilities for the direction that attempts to redress the imbalances between men and women in academia might take.     

Foetal politics and the birth of an industry

In early Western society, women were considered to have a minor role in the reproductive process. Their social status was, correspondingly, secondary. Since the eighteenth century, women's contribution to procreation has been widely accepted, yet their social status remains. Women's importance in the reproduction of the species has not guaranteed them social prestige and the argument of this paper is that women's social standing is being further assaulted by the legal and economic consequences of innovations in birth technology. Two well-publicized innovations, Artificial Insemination by Donor, and In-Vitro Fertilization (or ‘test-tube babies’) have provoked legal, political and economic considerations which focus upon the possibilities of extensive bioengineering. The significance of this for women is that birth technology is not being fashioned after the interests of its clients but, instead, is becoming a new mercantile frontier in which women's needs may well be eclipsed by commercial and political ambitions.     

Feminism, Aestheticism and the Limits of Law

This article seeks to identify and address the normative void that resides at the heart of postmodernist-feminist theory, and to propose a philosophical framework – beyond postmodernism, but incorporating its central insights – for thinking through the normative questions with which feminists are inevitably confronted in their engagements with positive law. Two varieties of postmodernist-feminism are identified and critically analysed: the ‘corporeal feminism’ of Elizabeth Grosz and Judith Butler, which seeks to ground feminist critical practice in the irruptive capacities of the material body considered as an arte fact of social construction; and the deconstructionist feminism of Drucilla Cornell, for whom ‘the feminine’ is an indeterminate but disruptive force beyond its construction in law and in other social sites. The first component of the argument elaborated here is that each of these approaches ultimately reduces to a form of aestheticism which is incapable of generating a worthwhile and workable feminist approach to the restructuring of politics and law. The second component of the argument involves a return to aesthetics, in particular to the philosophical aesthetics of Kant’s Critique of Judgement. Kant’s aesthetic philosophy, it will be suggested, yields a framework of concepts which, duly re-manipulated, could speak to the very concerns that have inspired postmodernist-feminism: how to attend to (bodily) particularity while avoiding the dangers associated with ‘essentialism’; and how to theorise the propensity of the unrepresentable power of the feminine to exceed both embodied human capacities and the confining rein of socially privileged rationalities. Crucially, however it also responds to a set of preoccupations – those of the feminist lawyer – that cannot be accommodated by postmodernism: how to translate embodied experience into (legal) norms; generalise from the particular; seek consensus; and codify an endless potentiality in the form of law. This revised version was published online in July 2006 with corrections to the Cover Date.     

Autonomy for Mothers? Relational Theory and Parenting Apart

This article explores the tensions between autonomy and expectations of mother-caregivers, in the context of normative trends in post-separation parenting law. Going back to first principles of feminism, the article asks what scope for autonomy there is for modern mothers in the face of socio-legal norms that prioritise shared parenting. The very relationship between mother-caregivers and children illustrates the important connection between relationships and autonomy: the caregiving that mothers provide enables children to become autonomous persons yet, at the same time, this caregiving relationship constrains maternal autonomy. In the current context that encourages shared parenting, the potential for maternal autonomy may be even more compromised—a deep irony in a supposedly post-feminist era. A responsible mother is now expected to nurture a child’s relationship with the father, unless he is proven to be harmful. The ability of women to be at all autonomous from the fathers of their children in the face of this normative expectation is dubious, even when the adults live separately. Moreover, the dominance of the heterosexual and patriarchal family—always a challenge for women’s autonomy—is reproduced in this imposition of equal parenting in the name of children’s rights. This article uses a contextual approach to relational autonomy to point to an approach that might challenge the normative climate of shared parenting.     

Breaking out—Women in adult education

Adult Education is primarily a women's service: women are the majority of staff and students yet they are not represented at the decision-making levels where resources are allocated. Adult Education is not as effective as it should be in providing open, life-long education, if the argument that when women achieve equality of numbers they will achieve equality of opportunity is to be believed. It still reinforces women's domestic and secondary role through its structures, policies and programmes and this, combined with its powerlessness within the British education system, reinforces the marginality of women as second class citizens. But this paper will argue that it has potential for women.