The Women's Charter: American Communists and the Equal Rights Amendment debate

The American Communist Party (CPUSA) opposed the Equal Rights Amendment (ERA), arguing that it failed to ameliorate class and racial inequality. In 1936 the CPUSA participated in the Women's Charter campaign, an alternative to the ERA crafted to protect labor legislation. This article argues that the Charter campaign and the CPUSA's opposition to the ERA demonstrate class-based visions of equality that amalgamated race and gender into the class struggle and highlights disagreements among women's rights activists about how to define women's equality. These disagreements prevented a unified single-issue women's movement after 1920.     

Special Issue: Gender,Sexuality and Human Rights

This brief article introduces a special issue of Feminist Legal Studies addressing gender, sexuality and human rights, and comprising papers drawn from an E.S.R.C.-funded workshop held at the University of Kent in June 2004 on the theme of “Gender-Auditing the Human Rights Act”. The article begins by situating the themes of the special issue within the broader context of feminist engagement with rights discourse. It goes on to consider the introduction of the Human Rights Act 1998 into the U.K. with a view to assessing its implications in terms of engendering a positive legal and political culture for equality-seeking initiatives. The article concludes with a survey of the contributions to the special issue, highlighting the possibilities for feminist theory and strategy posed by a wider intersectional engagement with rights issues.     

Feminizing Human Rights Adjudication: Feminist Method and the Proportionality Principle

Proportionality is one of the most important adjudicatory tools, in human rights decision-making, primarily employed to balance rights and interests. Despite this there is very little feminist analysis of its use by the courts. This article discusses the doctrine of proportionality and considers its amenability to feminist legal methods. It relies on theories of deliberative democracy to argue that the proportionality test can be applied in a manner that facilitates a more “interactive universalism”, allows for greater participation in decision-making and enables the courts to be more attentive to the disadvantaged. The commonalities between proportionality and feminist theory are examined, and its contribution to developing and reconstituting a more relational and contextual concept of rights is explored.     

Trusting in Trust(s): TheFamily Home and Human Rights

In July 2002, the U.K. Law Commission published its Discussion Paper No.287 on home-sharing. The conclusion drawn by the Law Commission was that it would not be possible to devise a statutory scheme for the resolution of family property disputes which is both workable and flexible enough to deal with the wide range of personal relationships that exist. It further took the view that, with appropriate changes to the way in which trusts principles are currently interpreted and applied by the courts, these trusts principles are sufficiently flexible and coherent to deal with the question of ascertaining and quantifying property rights over the family home. The aim of this paper is to examine the implications of these particular conclusions drawn by the Law Commission for both the law of trusts and the resolution of family property disputes between cohabitants. In particular, the paper will consider the extent to which trusts law remains a workable and desirable option and whether any mileage may be gained by drawing on the human rights culture that is emerging in U.K. legal and political discourse. This revised version was published online in July 2006 with corrections to the Cover Date.     

Haunted by the Lady Novelist: Metafictional Anxieties about Women's Writing from Northanger Abbey to The Carrie Diaries

This paper argues that the development of the identity of the professional woman writer as a ‘lady novelist’ in the mid-eighteenth century has had a lasting and detrimental impact on the status of women's writing that lingers through to the present, particularly in the critical discourse surrounding chick lit. The first part of this paper discusses the figure of the lady novelist and traces her centrality to criticisms of women's writing from the eighteenth century through to the twenty-first. The second part of this paper then examines the haunting presence of the lady novelist in the metafictional works of seven representative women writers: Jane Austen's Northanger Abbey (1818), Elizabeth Barrett Browning's Aurora Leigh (1856), Louisa May Alcott's Little Women (1868), L. M. Montgomery's Anne of Green Gables (1908), Betty Smith's A Tree Grows in Brooklyn (1943), Fay Weldon's The Life and Loves of a She-Devil (1983), and Candace Bushnell's The Carrie Diaries (2010). By drawing a through-line that connects these texts, I argue for a renewed understanding of the ways in which Western women writers from the eighteenth century to the present are unified by a pervasive anxiety about being a ‘lady novelist’.     

Globalised Imaginaries of Love and Hate: Immutability,Violence, and LGBT Human Rights

The U.S.-led global LGBT human rights campaign, formalised on International Human Rights Day 2011, sutures human rights policing with a politics of protection. Centred on a singular LGBT victim of violence, the campaign’s multiple projects legitimate military and financial intervention under the auspices of human rights. This article examines the regulatory production of globalised LGBT rights through the nexus of international LGBT human rights/hate crime laws, U.S. asylum law, and equal protection treatment of sexual orientation. I argue that the juridical and ideological frameworks that guide state action in each of these areas converge in the construction of an immutable LGBT identity that is the object of racialised, culturally othered violence. This rendering of sexual difference through the flattening of culture elides structural violence and advances human rights imperialism.     

Adolescent Women's Sports Involvement and Sexual Behavior/Health: A Process-Level Investigation

This multimethod study explored the promising link between organized sports involvement during the high school years and sexual behavior/health among 176 adolescent women. Using more sensitive and appropriate measures than those in existing studies and directed, in part, by cultural resource theory, this study helped to fill a gap in the literature by exploring potential mediators (i.e., functional body orientation and self-empowerment/efficacy) of that link. Results from the quantitative data indicated that adolescent women's involvement in organized team sports was favorably associated with each of the following: (a) sexual-risk-taking behavior, (b) sexual/reproductive health-seeking behavior, and (c) sexual/reproductive health. In addition, both functional body orientation and self-empowerment/efficacy emerged as mediators in the associations between sports involvement and sexual behavior/health among adolescent women. Content analysis of participant responses to open-ended items provided further confirmation of those mediating effects. Implications for the development of sports and community programs focused on the prevention of teenage pregnancy and STDs are discussed.     

“Gender is No Substitute for Sex”: A Comparative Human Rights Analysis of the Legal Regulation of Sexual Identity

U.K. regulation of sexual identity within a marriage context has traditionally been linked to biological sex. In response to the European Court of Human Rights decisions in Goodwin and I.,² and in order to address the question of whether a transsexual person can be treated as a “real” member of their adoptive sex, the U.K. has recently passed the Gender Recognition Act 2004. While the Act appears to signal a move away from biology and towards a conception of sexual identity based on gender rather than sex, questions of sexual identity remain rooted in medico-legal assessments of the individual transsexual body/mind. In contrast, because transsexual people in some parts of Canada have been able to marry in their post-operative sex since 1990, contemporary debates on the sexual identity of transsexual people in British Columbia and Ontario do not focus on the validity of marriage, and more frequently centre upon the provision of goods and services, in human rights contexts where sex is said to matter. Currently in Canada this is prompting questions of what it means to be a woman in society, how the law should interpret sex and gender, and how, if at all, the parameters of sexual identity should be established in law. This article seeks to compare recent U.K. legal conceptualisations of transsexuality with Canadian law in this area. As human rights discourse begins to grow in the U.K., the question remains as to whether or not gender will become an adequate substitute for sex.See Johnson “Gender is no substitute for Sex” Daily Telegraph, 24 February 2004. I am being disingenuous here as the author of the article is arguing that replacing the term sex with gender in relation to transsexuality is erroneous and an annoying Americanism, whereas I am arguing that neither term is adequate. Goodwin v. U.K. [2002] 35 E.H.R.R. 18; I. v.U.K. [2002] 2 F.L.R. 518.