Shaping Genitals, Shaping Perceptions

2012 ◽  
Vol 30 (4) ◽  
pp. 417-445 ◽  
Author(s):  
Marjolein van den Brink ◽  
Jet Tigchelaar

Human rights claim universal validity, which implies that bias in their applicability as well as in their application should be avoided. From this perspective it is rather remarkable that female circumcision is a major cause for human rights concerns, whereas male circumcision is rarely addressed in the context of human rights. This raises the question whether practices of female circumcision are really that different from forms of male circumcision. There is at least some evidence that there are more similarities between male and female circumcision than commonly perceived. Taking this as a starting point, on the basis of facts, figures and rationales, we distinguish three types of circumcision: the ‘African’, the ‘American’ and the ‘Abrahamic’ type. Whereas male circumcision may fulfil the characteristics of any of these three types, female circumcision seems to fit only the African type. The typology allows for an analysis of the frames used in the debate to justify or delegitimise male and female circumcision. Frames that feature in the debates on male circumcision are a ‘medical/health frame’ and a ‘cultural/religious frame’, both with an ‘accessory human rights frame’. The debate on female circumcision (mostly referred to as female genital mutilation or FGM), on the other hand, is predominantly a ‘women's rights frame’. The differences in normative framing as well as the consequences thereof for the human rights protection of men and women do not seem entirely justified by the differences between the practices of male and female circumcision. We discuss three forms of bias – related to culture, religion and to gender – that may help explain the diverging normative framings. Irrespective of one's normative assessment of the compatibility of circumcision practices with human rights norms, the universality claim of human rights requires the application of the same standards to similar practices, regardless of sex.

2021 ◽  
Vol 2 (1) ◽  
pp. 133-154
Author(s):  
Rosemary Mwanza

Does the increase in Chinese foreign direct investment (FDI) inflows into Kenya portend doom for human rights in the country? The prominent narrative has been that FDI undermines human rights in host states, especially those in the developing world. This narrative is countered by claims that there exists a mutually affirming relationship between FDI and human rights. Proponents of this view posit that FDI facilitates the diffusion of human rights norms and correlates with the improved rule of law in host states. They also point to emerging human rights jurisprudence in international investment arbitration as evidence of a reciprocal relationship between FDI and human rights. In light of these arguments, this paper analyses the extent to which such a reciprocal relationship bears out between Chinese FDI and human rights in Kenya. It will be demonstrated that given the lack of a framework for human rights accountability for corporations at the international level, the restrictive treatment of human rights in international investment arbitration tribunals and weak institutional capacity in host states, a positive overlap between FDI and human rights is hardly a panacea for human rights protection in Kenya. Therefore, a synergy of legal measures and non-legal measures provide a pragmatic approach to insulate human rights from violations that may be associated with Chinese FDIs.


Author(s):  
Emilie M. Hafner-Burton

This chapter advocates a process called “triage” for resource allocation that requires investing more heavily in areas where the evidence indicates that human rights promotion is most likely to work. It argues that the universality of human rights norms, which are the bedrock of the international human rights legal system and the core idea of the Universal Declaration of Human Rights, is not a tenable guide for the most effective implementation of human rights norms. It explains why human rights is a matter of national interest and how assessments of leverage impact human rights. It shows how triage can help stewards in the area of international legal reform and concludes by outlining steps that could transform the process through which government stewards work to protect human rights and increase the returns on international promotion efforts for human rights protection.


2017 ◽  
Vol 1 (1) ◽  
pp. 46
Author(s):  
Heribertus Jaka Triyana

Recently, the discourse on the relation between local wisdom and human rights shows its relevance. This article describes and critically examines the human rights norms and procedures with regards to common local wisdoms to remedy and redress human rights problems in South East Asian countries. It takes an example of redressing problem in rights to development and also focuses on the application of the ASEAN agreement on Disaster Management Response to contextualize role and influence of local wisdoms to manage and to mitigate disaster response within the ASEAN human rights protection. This writing also highlights that human rights based approach is needed in the implementation of the ASEAN human rights norms and mechanisms in accordance to local wisdoms of respective countries where disaster occurs.


Author(s):  
Derrick M. Nault

Chapter One, which explores the colonial roots of human rights, suggests that ideas resembling modern human rights first emerged in the 1890s in response to atrocities in the Congo Free State. It shows that as reports of horrific abuses of Africans under Belgian King Leopold II’s rule circulated worldwide, a shocked international community, using language and concepts resembling contemporary human rights discourses, was stirred to challenge violations of Africans’ rights, propose ways to prevent future infractions, and demand punishments for perpetrators of mass atrocities. While these nineteenth-century visions of human rights did not immediately lead to an international system of human rights protection, the chapter suggests that they nonetheless represented an important precedent for contemporary human rights norms and institutions.


2002 ◽  
Vol 19 (4) ◽  
pp. 128-131
Author(s):  
Gui Joya Jafri

Female circumcision is a highly contested "tradition" practiced in many parts of the world, particularly Africa. International human rights campaigns refer to the practice as "female genital mutilation" (FGM) and seek to elim­inate it; its practitioners tend to defend it even after it has been declared ille­gal. Within this charged environment, Ellen Gruenbaum has undertaken the difficult task of examining the controversy from a more culturally sensitive perspective based on her years of fieldwork in Sudan. In many respects, her attempt to present the issue's multiple sides is successful. Using ethnographic description, she explores the range of fac­tors giving this practice its importance, from socioeconomic to aesthetic, while also suggesting why and how there are more appropriate means to alter, reduce, and eradicate the practice. In accordance with her list of influencing factors, Gruenbaum themat­ically divides her chapters into such sections as "patriarchy," "marriage and morality," and "ethnicity." However, the ethnographic passages within are crucial to the book, because they show the humanity of those involved and help explain the contexts and circumstances of women's lives outside their objectified status as "victims of tradition." Also noteworthy is her support of advocacy for change, using ethnography to promote activism that is sen­sitive to and respectful of the needs of those affected. She repeatedly emphasizes the need to address poverty and women's basic needs as more effective means to move forward, rather than focusing on circumcision in isolation ...


2020 ◽  
Vol 4 (Supplement_1) ◽  
pp. 19-20
Author(s):  
Stefan Hopf ◽  
Federica Previtali ◽  
Nena Georgantzi

Abstract In recent years ageism has received increase international attention. In 2016 the UN dedicated the International Day of Older Persons to the fight against ageism and the World Heath Organization launched a campaign to combat ageism. This growing interest is also illustrated by the establishment of the UN Open-Ended Working Group on Ageing, and the related work on a UN convention on the rights of older persons, which, among other things, aims to provide better protection against discrimination. The ongoing discussions about a convention is accompanied by tensions between views assuming an older persons’ specific convention may reproduce age-related group differences and could perpetuate ageism, and those who argue that it will help reducing it. This article critically reflects on these discussions and some aspects of a potential convention that could provide basis for ageism critique. We refer to central sociological and legal arguments of the debate around ageism and age-based distinctions, which show clear intersections, e.g. the legal discussion one the justifiability of the general use of "age limits" and the socio-scientific debate on the relationship between age categorization and ageism. These intersections serve as central starting point for the question whether and to what extent age group differentiation and targeted human rights protection may (re-)produce ageism. Finally, we argue in favor of re-framing the debate about a convention on the rights of older persons towards a more universalist approach, which addresses possible age inequalities and critically reflects on the connection between chronological age and targeted human rights provisions.


Author(s):  
Richard A. Shweder

Muslim women of the Dawoodi Bohra community have recently been prosecuted because they customarily adhere to a religiously based gender-inclusive version of the Jewish Abrahamic circumcision tradition. In Dawoodi Bohra families it is not only boys but also girls who are circumcised. And it is mothers who typically control and arrange for the circumcision of their daughters. By most accounts the circumcision procedure for girls amounts to a nick, abrasion, piercing or small cut restricted to the female foreskin or prepuce (often referred to as ‘the clitoral hood’ or in some parts of Southeast Asia as the ‘clitoral veil’). From a strictly surgical point of view the custom is less invasive than a typical male circumcision as routinely and legally performed by Jews and Muslims. The question arises: if the practice is legal for the gander why should it be banned for the goose?<br /><br />Key messages<br /><ul><li>Wherever there is female circumcision there is male circumcision – the custom is gender-inclusive.</li><br /><li>The tradition of gender-inclusive Abrahamic circumcision has broad support among Dawoodi Bohra Muslim women.</li><br /><li>Female circumcision as practised by Dawoodi Bohra women is less invasive than male circumcision as legally practised by Muslims and Jews.</li><br /><li>Why should girls be excluded from the Abrahamic circumcision tradition? If it is legal for boys why shouldn’t it be legal for girls?</li><br /><li>Has the time come to rethink the expression ‘female genital mutilation’? Is it a ‘no brainer’ or has it made us ‘brain dead’?</li></ul>


2020 ◽  
Author(s):  
Darwis

The establishment of the ASEAN Intergovernmental Commission on Human Rights in 2019 provided hopes for the advancement of human rights in Southeast Asia. As a region that puts forward the notions of consensus and non-sovereignty, concluding regional human rights norms is seen as a first step in solidifying human rights protection in the region. Unfortunately, since its establishment, the commission has failed to fulfill the expectations to implement protection-based regional norms in Southeast Asia, measured by their failure to effectively respond to systemic human rights abuses in the region. This article employs the Neoliberal Institutionalist’s view of Hegemonic Stability Theory (specifically to Robert Keohane) in analyzing how regional hegemons such as Indonesia, have deliberately directed the establishment of a weak human rights regime, in the form of the ASEAN Intergovernmental Commission on Human Rights, which is proven by; (1) The Commission’s deficiencies in human rights protection, and (2) Indonesia’s lack of political will in solidifying human rights regimes in Southeast Asia.


Sign in / Sign up

Export Citation Format

Share Document