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PHIL 2102 Week 10 Class 1.docx

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Carleton University
PHIL 2103
Jay Drydyk

Week 10 Class 1: Human Rights – Men’s or Women’s? Questions • What are they? • Are they justifiable? • Can they do any good? • Difference between women’s rights and women’s human rights o How can rights for one social group be valid? From the UDHR • 2: right to not suffer from discrimination, gender is highlighted • 16 (1) : marry and found a family, rights during and the end of marriage • 16 (2) : marriage entered into only through free and full consent • 25: Mothers and children are entitled to special care and assistance Conceptual Issue: • Should women have rights that me do not have? • Must human rights he rights of all people just because we are all human? The Dilemma: • If HR give special protections to women, then they are not universal. • If HR do not give special protections to women, then women will not enjoy all human rights. • Either way, human rights will not be universal. The Underlying Problem: • Providing women with equal enjoyment and protection of HR • Without violating universality or making rights into privileges • Distinguish: o Entitlement  Wrong to deprive anyone of X  Same for all – e.g. security o What it calls for  Respect  Protection  Provision  Promotion  Women have special risks (violence against women  Special protections warrented Special Risks: India • Security: women face threats to their security because they are women; men do not • Four men were sentenced to death in September 2013 for the rape and murder of a 23- year-old New Delhi student. The gruesome attack made headlines around the world, and the case shed light on the pervasive sexual assault problem in the country. • Last week, a 22-year-old technology professional working in the southern city of Hyderabad was kidnapped and raped by two cabbies, according to the Deccan Herald. • A grade-eight girl died in India on Wednesday after reportedly being gang raped and set on fire. • The Press Trust of India reported Wednesday that a grade-seven girl was abducted and raped at gunpoint in a sugarcane field. Canada: • At this moment in Canada, there are 1,559 missing women on file with the Canadian Police Information Centre, a national case-tracking database maintained at the RCMP's Ottawa headquarters. • The stories include some particularly shocking narratives in which a multitude of the missing disappear from a single area — such as B.C.'s "Highway of Tears," a lonely stretch of road between Prince Rupert and Prince George where five of those women were last seen and 13 others are known to have been murdered. Other Special Risks • Education: in some places, girls are held back from school while boys are not. • Nutrition: in some places, men and boys are fed first, while women and girls take less. • Health: in some places/times, men report illness and get treatment when women do not. • Domestic violence: rarely are men the victims. Conventions • Conventions are created for the process that occurs after it is created • A monitoring system is put in place • Nations are evaluated regularly on how well they fulfill their obligations Solving the Dilemma • Entitlement o Everyone has a right not to be discriminated against • What it calls for o To implement this, some things need to be respected, protected, ensured and promoted specifically for women. o e.g., Article 25 (1) The Convention on Elimination of All Discrimination of Women • Drafting was led by the UN Commission on Status of Women o formed 1946 o led work towards convention on the political rights of women, convention on nationality of married women, convention on consent to marriage o general assembly called of single convention o signed in 1980, into force in 1981 • CEDAW Holdouts o Vatican o Iran o Somalia o South Sudan o Sudan o Tonga o USA  In arguments against CEDAW, the conservative organization Concerned Women for America cite that ratification of the treaty will:  negate family law and undermine traditional family values by redefining the family  force the U.S. to pay men and women the same for "work of equal value" thus going against our free-market system  ensure access to abortion services and contraception  create a possible 'back door' ERA for feminists  allow same-sex marriage  legalize pr
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