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Feminist Approaches to International Law

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Feminist Approaches to International Law
Feminist Approaches to International Law

Feminist approaches to International Law and its underlying issues can be seen as radical, liberal, and extreme. The male point of view has found a way of forcing itself upon the world, apprehending it and dominating it full-fledged. It has grasped hold of the State and law in the same way male dominance has grasped women throughout history. Whether the clasps of violence against women are through rape, forced marriage, exploitation and forced prostitution, pornography, domestic abuse, abortion laws, sexual harassment or sex discrimination, law is biased in a supposedly gender neutral system of rules. International law is a set of rules binding relations between States and nations. It is enforced and regulated to the standards set to protect the human rights of every individual. Every person is to be equal before and under law and has fundamental rights and freedoms protected by International Human Rights Law. Why, then, are women being violated and tortured by the male dominant State without the swooping hand of International Law saving them? Feminist International Law scholars have argued for years that International Law is far from gender neutral due to the distinction between public and private spheres, creating prejudice and inequality towards the rights of women in the male dominated world. In this essay, I will show how criminal law is not nearly enough to protect the human rights of women world-wide. Human rights are fundamental to everyone, regardless of ethnicity, race, status, or gender, and International Law and the State are put in place to protect these and intervene in times of torture and abuse. Women are abused daily by the male dichotomy of the State and their lack of policy making and enforcement to end rape, forced marriages, exploitation through pornography and prostitution, and regulating abortion laws. International Law might be applauded for its victories, but it is leaving women in



Cited: Conaghan, Joanne. Feminist Legal Studies: Critical Concepts in Law Volume 4. Oxon: Routledge, 2009. Print. Conaghan, Joanne. Feminist Legal Studies: Critical Concepts in Law Volume 1. Oxon: Routledge, 2009. Print. Edwards, Alice. Violence Against Women Under International Human Rights Law. Cambridge: Cambridge University Press, 2011. Print. Engle, Karen. "Feminism and its (dis)contents: Criminalizing Wartime Rape in Bosnia and Herzegovina." HeinOnline 99 (2005): 778-816. HeinOnline. Web. 13 Nov. 2013. FitzGerald, Sharron A.. 4. Regulating the International Movement of Women: from protection to control . Milton Park, Abingdon, Oxon, [England: Routledge, 2011. Print. Ford, Liz. "Phumzile Mlambo-Ngcuka: Violence against women is an issue for us all." the Guardian 13 Nov. 2013: n. pag. The Guardian. Web. 13 Nov. 2013. Orford, Anne. "Feminism, Imperialism and the Mission of International Law." Nordic Journal of International Law 71 (2002): 275-296. HeinOnline. Web. 13 Oct. 2013. Otto, Dianne. "The Exile of Inclusion: Reflections on Gender Issues in International Law Over the Last Decade." Melbourne Law School 10.1 (2009): 16. Social Science Research Network Electronic Library. Web. 6 Nov. 2013. Shetty, Priya. "By trivializing the word 'rape ', we endanger all women. Ranjit Sinha should know that." the Guardian 13 Nov. 2013: n. pag. The Guardian. Web. 13 Nov. 2013.

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