The Constitution of Afghanistan and Women’s Rights

This article argues that women’s human rights were and are being violated in Afghanistan regardless of who governs the country: Kings, secular rulers, Mujahideen or Taliban, or the incumbent internationally backed government of Karzai. The provisions of the new constitution regarding women’s rights are analysed under three categories: neutral, protective and discriminatory. It is argued that the current constitution is a step in the right direction but, far from protecting women’s rights effectively, it requires substantial revamping. The constitutional commitment to international human rights standards seems to be a hallow slogan as the constitution declares Islam as a state religion which clearly conflicts with women’s human rights standards in certain areas. The Constitution has empowered the Supreme Court to review whether human rights instruments are compatible with Islamic legal norms and, in case of conflict, precedence will be given to Islamic law. Keeping this in view, it is argued that Afghanistan’s ratification of the Women’s Convention without reservations has no real significance unless Islamic law dealing with women’s rights is reformed and reconciled with international women’s rights standards.     

Moral Dilemmas and Women’s Rights: the attitude of the Mothers’ Union and Catholic Women’s League to divorce,birth control and abortion in England, 1928–1939

In order to ensure that women benefited from their newly won rights as citizens in 1918 and 1928, the Mothers’ Union and Catholic Women’s League campaigned, along with feminist and political women’s organisations, to enhance the role and status of women in society. Difficulties emerged, however, when changes in public attitudes led to the liberalisation of the law in relation to divorce and birth control coupled with the growing demand within the women’s movement for safe and legal abortion. This article examines the arguments put forward by the two groups on how these reforms would undermine the role of women as housewives, mothers and citizens. It is argued that despite the fact that both groups appeared to be out of step with the wider women’s movement, they succeeded in highlighting a number of major social and welfare concerns facing many women at this time. As a result, they too made a significant contribution to the campaign for women’s rights during the interwar years.     

Power and Rights in the Community: Paralegals as Leaders in Women’s Legal Empowerment in Tanzania

What can an analysis of power in local communities contribute to debates on women’s legal empowerment and the role of paralegals in Africa? Drawing upon theories of power and rights, and research on legal empowerment in African plural legal systems, this article explores the challenges for paralegals in facilitating women’s access to justice in Tanzania, which gave statutory recognition to paralegals in the Legal Aid Act 2017. Land conflicts represent the single-biggest source of local legal disputes in Tanzania and are often embedded in gendered land tenure relations. This article argues that paralegals can be effective actors in women’s legal empowerment where they are able to work as leaders, negotiating power relations and resisting the forms of violence that women encounter as obstacles to justice. Paralegals’ authority will be realised when their role is situated within community leadership structures, confirming their authority while preserving their independence.     

Women’s History and Oral History: developments and debates

Women’s history and oral history grew up together. Each developed from a commitment to reveal and reverse, to challenge and to contest what were perceived to be dominant discourses framed by gender and class. In this article the relationship between these two endeavours is explored. Beginning with the 1960s the influence of feminist approaches to research and representation are given due consideration and acknowledgement. In reviewing changes over the last four decades the dilemma for women of being both subject and object in research is explored. The tension in this dilemma is discussed in relation to developments in relation to subjectivity in the interview, the process of doing oral history, the developments in public history and remembering in late life. The article concludes with an overview of new work in the field and concedes that, whatever issues remain unresolved, oral history continues to interest and attract researchers working in a wide range of disciplines with the promise of yet more theorised and gendered explorations of the past in years to come.     

The African Commission on Human and People’s Rights and the woman question

This paper proposes that in developing jurisprudence on women’s rights, the African Commission will need to ask the woman question, particularly the African woman question. The woman question requires a judicial or quasi-judicial body to always put woman at the centre of any decision with a view to addressing the historically disadvantaged position of women in society. Asking the African woman question means examining how the peculiar experiences of African women have been ignored by laws rooted in patriarchy across the region. Although the Commission has handled few cases directly dealing with women’s rights, the paper suggests that the Commission can draw inspiration from decisions of other regional and international human rights bodies such as the European Court on Human Rights and the Committee on Elimination of All Forms of Discrimination against Women (CEDAW Committee) on how to ask the woman question. The paper recommends that in line with feminist reasoning, there is a need for the African Commission to develop a consistent gender-sensitive approach in dealing with cases that may have implications for women. In essence, the African Commission must ask the African woman question when dealing with cases on the enjoyment of women’s fundamental rights.     

‘If a girl’s photo gets sent around,that’s a way bigger deal than if a guy’s photo gets sent around’: gender,sexting, and the teenage years

Youth, particularly female teens, are encouraged to self-monitor and be responsible for their actions online in order to avoid harm from cyberbullying, ‘sexting,’ and other forms of cyber-risk. Highlighting findings from 35 focus groups with Canadian teens regarding sexting, we show the continued saliency of a gendered double standard applied to the online distribution of nudes. Our sample of male and female teens (n = 115) from urban and rural regions, aged 13–19, underscores the relatively lower ‘stakes’ involved with sexting for male teens. We explore this trend with specific reference to the salience of hegemonic masculinities and the gendered aspects of public and private spaces, both online and offline. Public exposure of nudes has potentially serious stigmatizing consequences for youth. We highlight teen experiences sending and receiving images of male penises (‘dick pics’), which is an under-researched aspect of sexting. We show the relative ubiquity of receiving ‘dick pics’ among female teens, exploring various reactions, and male motivations for doing so from male and female standpoints. Policy implications are discussed with specific reference to school-based cyber-safety programs, which our participants indicate remain highly gendered, neglecting epistemological questions around male experiences and responsibility.     

Battered Women’s Experiences of the Criminal Justice System: Decentring the Law

This article takes up Smart??s suggestion to examine the way the law works in practice. It explores the context of current criminal prosecutions of domestic violence offences in Queensland, Australia. This article argues that legal method is applied outside the higher courts or ??judge-oriented?? practice and that the obstacles inherent to legal method can be identified in the practices of police, lower court staff, magistrates and lawyers. This article suggests that it may be difficult to deconstruct legal method, even by focussing on law in practice, and as a result it may be difficult to successfully challenge law??s truth claims in this way. The analysis of criminal prosecutions of domestic violence offences reported here supports Smart??s earlier findings that women and children who seek redress through the criminal justice process find the process at best ambivalent and at worst, destructive. However, the article also shows how, in the Queensland context, women sometimes find their way to feminism and personal empowerment by going to law.