The growing literature on gender in armed conflict and the debates over post-conflict reparations for women, focus on the prevalence and harms of sexual violence. While this focus has recently been critiqued, there are few articulations of other types of gendered injuries. This article decentres the emphasis on sexual violence by examining the intersection between forced displacement and political insecurity. Based on extensive field research in Colombia, and using as an example a case study of an internally displaced women’s (...) grassroots organization in Cartagena, Colombia, this article examines political insecurity as a specifically gendered harm. It reflects on the concrete circumstances of insecurity, on the relevance of traditional gender roles in the constitution of insecurity, and on the challenges for court-ordered remedies. This widening of the scope of attention also invites complex reflection on the possibility of transformative reparations in post-conflict situations. (shrink)

Feminist transitional justice has greatly contributed to the study of justice in the ruins of war, notably around prosecuting wartime rape. At the same time, scholars have observed limitations to this research agenda such as externally-driven definitions gendered harms and how to address them. This paper explores two novel areas for feminist TJ research: ‘everyday gendered harms’ and customary justice. Based on a three month field study of baraza, a customary justice mechanism in parts of South Kivu, Democratic (...) Republic of Congo, I explore three cases of ‘everyday’ harms against women: domestic violence, polygynous relationships and witchcraft. Through a substantive examination of these baraza cases, I highlight how studying the contextualised functioning of customary justice mechanisms provides new insights into different areas of feminist TJ scholarship, including women’s participation in the transition, justice for harms against women, and advancing gender equality. Additionally, this paper adds to the broader TJ literature by engaging with local TJ needs as they pertain to people’s everyday life in transition. (shrink)

Forty years after the beginning of the Khmer Rouge regime, the recent Trial Chamber judgment in case 002/01 before Extraordinary Chambers in the Courts of Cambodia has provided legal recognition of the devastating violence of the forced population movements. However, despite the undoubted significance of the judgment, it represents a missed opportunity to more fully reflect issues of gender. The article argues that in order to capture the plurality of gendered experiences it is necessary to foreground a social understanding (...) of harm. Drawing on civil party oral testimony, the article begins to surface gendered experiences of the social harms of familial separation and starvation of family members, harms that have often remained silenced in international criminal law. In doing so it seeks to contribute to emerging feminist discourse on broader gendered harms and illustrates the need for further scrutiny of the approach of the ECCC. (shrink)

Girls have much lower mathematics self-efficacy than boys, a likely contributor to the underrepresentation of women in STEM. To help explain this gender confidence gap, we examined predictors of mathematics self-efficacy in a sample of 1,007 9th graders aged 13–18 years (54.2% girls). Participants completed a standardized math test, after which they rated three indices of mastery: an affective component (state self-esteem), a meta-cognitive component (self-enhancement), and their prior math grade. Despite having similar grades, girls reported lower mathematics self-efficacy and (...) state self-esteem, and were less likely than boys to self-enhance in terms of performance. Multilevel multiple-group regression analyses showed that the affective mastery component explained girls’ self-efficacy while cognitive self-enhancement explained boys’. Yet, a chi-square test showed that both constructs were equally relevant in the prediction of girls’ and boys’ self-efficacy. Measures of interpersonal sources of self-efficacy were not predictive of self-efficacy after taking the other dimensions into account. Results suggest that boys are advantaged in their development of mathematics self-efficacy beliefs, partly due to more positive feelings and more cognitive self-enhancement following test situations. (shrink)

For a variety of reasons, it's difficult to determine, with any accuracy, the number of trans and gender nonbinary folks living in the United States.1 Data are difficult to obtain since neither the U.S. Census Bureau nor the Centers for Disease Control and Prevention survey people's gender identity. But even if they did, responses would likely be unreliable. Many members of these two groups are hesitant to answer such questions for fear of their safety, resulting discrimination, or because they disagree (...) on the definition of what it means to be transgender. It's also difficult to obtain accurate numbers on these groups since most medical forms still rely on a two-sex system of... (shrink)

Women are cited less frequently than men in a variety of scientific fields. Drawing theoretical resources from Fricker and Hookway, I argue that these gendered citation practices constitute a form of participatory epistemic injustice insofar as they prevent female scientists from fully engaging in the epistemic practices of science. Furthermore, Longino’s notion of “uptake” gives us a way of understanding gendered citation practices as an epistemic harm accrued not simply by individuals but by scientific communities as a (...) whole. Finally, I discuss the cumulative harms of this kind of participatory epistemic injustice for individuals and for marginalized groups. (shrink)

Most normative theorists of public apology agree that, while apologies may have multiple purposes, central to most of them is the apology’s narrative power; that is, its ability to tell new stories of wrongdoing, responsibility, and accountability. We judge political apologies by whether they correctly identify the harms in question and the apologizer as the responsible party, whether they acknowledge the effects of this harms on the recipients of apology, and whether they successfully address those recipients as persons deserving respect. (...) The narrative power of official public apologies can also alter legal and political record, as well as media discourse nationally and internationally. Drawing on multiple examples of public apologies to women that were offered (or demanded and not offered), I identify three ways in which attention to gender complicates our understanding of public apology, and the narrative power they hold. These include the difficulties of articulating the nature of gendered harm, given the depoliticization of women’s roles and the stigma surrounding sexual violence, the complexities of traversing the public/private divide by bringing private stories of gendered harm to public attention, and the ways in which attending to gendered and sexual violence reframes our understanding of both political responsibility for wrongdoing, and how apologies express and affirm that responsibility. (shrink)

The extent to which English law remedies injury to autonomy as a stand-alone actionable damage in negligence is disputed. In this article I argue that the remedy available is not only partial and inconsistent but also gendered and discriminatory against women. I first situate the argument within the broader feminist critique of tort law as failing to appropriately remedy gendered harms, and of law more broadly as undervaluing women’s interest in reproductive autonomy. I then show by reference to (...) English remedies law’s first principles how imposed motherhood cases—Rees v Darlington and its predecessor McFarlane v Tayside Health Board—result in gender injustice when compared with other autonomy cases such as Chester v Afshar and Yearworth v North Bristol NHS Trust: A minor gender-neutral ITA is better remedied than the significant gendered harm of imposing motherhood on the claimant; men’s reproductive autonomy is protected to a greater extent than women’s; women’s reproductive autonomy is protected by an exceptional, derisory award. Worst of all, courts refuse to recognise imposed motherhood as detriment; and the deemed, mansplained, nonpecuniary joys of motherhood are used to offset pecuniary upkeep costs, forcing the claimant into a position she sought to avoid and thus further undermining her autonomy. The recent Singaporean case ACB v Thomson Medical Pte Ltd, awarding compensation for undermining the claimant’s genetic affinity in an IVF wrong-sperm-mix-up demonstrates some improvement in comparison to English law, and some shared gender injustices in the context of reproductive autonomy. ACB’s analysis is oblivious to the nature of reproductive autonomy harm as gendered; and prioritises the father’s interest in having genetic affinity with the baby over a woman’s interest in not having motherhood imposed upon her. (shrink)

Gender-based violence (GBV) is a serious social and legal problem that affects allsocieties, including North Macedonia. This type of violence is deeply rooted in unequalpower relations between the sexes and social norms that reinforce those inequalities.Gender-based violence includes physical, sexual, psychological and economic violencedirected at a person because of their sex or gender. It not only causes direct harm to thevictims, but also affects their well-being, personal development and participation insociety.North Macedonia, as a country that strives for European integration (...) and adoptionof European values, takes significant steps to deal with this problem through legislation,strategies and programs for prevention and protection of victims. However,numerous challenges remain that hinder these efforts, such as insufficient public awareness,cultural barriers, inadequate implementation of laws, insufficient support for victims,as well as inequality in victims’ access to justice.This paper aims to analyze the current situation regarding gender-based violencein North Macedonia, to identify the main challenges the country is facing and topropose specific strategies and measures to overcome them. Through the analysis of existingdata, the legislative framework and a case study, we will try to provide a completeoverview of the problem and offer recommendations to improve the situation. (shrink)

This special issue explores the relevance of shame to feminist theory and practice. Across a number of contexts, theoretical frames, and disciplines, the articles collated here provide a stimulating engagement with shame, posing questions and developing analyses that have a direct bearing on feminism. For, the significance of shame to feminists lies in the complex and often troubling implications it holds as a feeling that may be experienced differently by people of certain genders (and none), and in its relation to (...) power. Indeed, as the contributions to this special issue highlight, shame may play a role in our moral development, but given its often readily acknowledged harmful effects, shame is frequently put to politically problematic and morally questionable ends. In patriarchal societies the outgrowths of this regularly entail gendered consequences, as gendered shame may form a disciplining device operating through structures of oppression, such as gender, but also class, race, ethnicity, sexuality, nationality, and related intersectional categories. The question of a politics of shame therefore arises in the context of a consideration of the social and political deployment and manipulation of shame, and the reported divergence in the shame experience itself, which feminists have attributed to its manifestation through, among others, gender. (shrink)

‘Deliberate self-harm’, ‘self-mutilation’ and ‘self-injury’ are just some of the terms used to describe one of the most prominent issues in British mental health policy in recent years. This article demonstrates that contemporary literature on ‘self-harm’ produces this phenomenon (to varying extents) around two key characteristics. First, this behaviour is predominantly performed by those identified as female. Second, this behaviour primarily involves cutting the skin. These constitutive characteristics are traced back to a corpus of literature produced in the (...) 1960s and 1970s in North American psychiatric inpatient institutions; analysis shows how pre-1960 works were substantially different. Finally, these gendered and behavioural assertions are shown to be the result of historically specific processes of exclusion and emphasis. (shrink)

The evidence on gender discrimination in lending remains controversial. To capture gender biases in banks’ loan allocations, we observe the impact on the applicants of a microfinance institution and exploit the natural experiment of a regulatory change imposing a strict EUR 10,000 loan ceiling on microcredit. Descriptive statistics indicate that the presence of the ceiling is associated both with bank-MFI co-financing and with harsher treatment of female borrowers. To investigate causal links, we develop an econometric approach that addresses the concerns (...) of selection biases, multicollinearity, and endogeneity. Our empirical findings suggest that the change in the MFI’s gender-related attitude was triggered by banks through co-financing. Hence, we speculate that co-financing pushes ceiling-constrained MFIs to import whatever biases in loan granting that the banks are prone to. Overall, this paper stresses that apparently benign regulations such as loan ceilings can significantly harm the women’s empowerment efforts made by MFIs. (shrink)

Gender affirming hormone treatment is an important part of the care of trans adolescents which enables them to develop the secondary sexual characteristics congruent with their identified genders. There is an increasing amount of empirical evidence showing the benefits of gender affirming hormone treatment for psychological health and social well-being in this population. However, in several countries, access to gender affirming hormone treatment for trans adolescents has recently been severely restricted. While much of the opposition to gender affirming hormone treatment (...) for trans adolescents has in part been ideologically motivated, it also reflects a debate about whether there are harms that outweigh the benefits of the treatment. Accordingly, a systematic and comprehensive philosophical analysis of the ethics of gender affirming hormone treatment for trans adolescents is needed. Herein, I offer such an analysis that draws on the four principles of biomedical ethics by Tom Beauchamp and James Childress. Based on the considerations of beneficence, nonmaleficence, autonomy, and justice, I argue that the provision of access to gender affirming hormone treatment for consenting trans adolescents is ethically required and that the current restrictions to such treatment are ethically wrong. (shrink)

Analyses of gender-based violence during mass conflict have typically focused on violence committed against women. Violence perpetrated against men has only recently been examined as gender-based violence in its own right. Using narratives from 1,136 Darfuri refugees, we analyze patterns of gender-based violence perpetrated against men and boys during the genocide in Darfur. We examine how this violence emasculates men and boys through four mechanisms: homosexualization, feminization, genital harm, and sex-selective killing. In line with an interactionist approach, we demonstrate (...) how genocidal violence is gendered and argue that perpetrators committing gender-based violence perform masculinity in accordance with hegemonic gender norms in Sudan. We also show how gender-based violence enacts, reinforces, and creates meaning on multiple levels in a matrix of mutually reinforcing processes that we term the gender-genocide nexus. By extending the gender–violence link to the context of mass atrocity, this study facilitates an understanding of the mechanisms through which gender inequalities can be reproduced and maintained in diverse situations and structures. (shrink)

In this article, I describe how gender bias can affect the design, testing, clinical trials, regulatory approval, and clinical use of implantable devices. I argue that bad outcomes experienced by women patients are a cumulative consequence of small biases and inattention at various points of the design, testing, and regulatory process. However, specific instances of inattention and bias can be difficult to identify, and risks are difficult to predict. This means that even if systematic gender bias in implant design is (...) an ethical issue, it is one with no clearly blameworthy player. From a practical perspective, there is no single obvious point at which to intervene. Philosophers working in other areas have explored structurally similar moral problems—sometimes referred to as “moral aggregation problems”—such as the type of environmental harm caused by small actions of many players. I describe key features of these type of problems and strategies to address them. I then draw on these to suggest an approach to gender bias in medical implant design and use. (shrink)

Talk of gender identity is at the core of heated current philosophical and political debates. Yet, it is unclear what it means to have one. I examine several ways of understanding this concept in light of core aims of trans writers and activists. Most importantly, the concept should make good trans people’s understanding of their own gender identities and help understand why misgendering is a serious harm and why it is permissible to require information about people’s gender identities in (...) public life. I conclude that none of the available accounts meets these essential criteria, on the assumption that the gender norms of femininity and masculinity are unjustified. But we can, and should, pursue the feminist project without “gender identity”. Such feminism can include trans people because it is possible to account for the specific harm of misgendering without assuming a claim to the recognition of our gender identities. I conclude that we should eliminate the concept of “gender identity.” To understand the phenomena that are putatively captured by “gender identity,” we are better off employing other concepts, such as “sexual dysphoria,” (assigned or aspirational) “gender roles,” and (internalised or endorsed) “gender norms”. These concepts can usefully replace “gender identity” in an individual evaluation of each of the trans people’s claims to inclusion into particular spaces. (shrink)

Every day consumers use and purchase products whose supply chains begin with natural resources in countries plagued by widespread human rights deficits. Many economists and political scientists argue that there is a resource curse: those countries which possess valuable natural resources, especially oil, natural gas, and minerals, are prone to authoritarianism, civil war, and economic mismanagement. The combination of these two empirical facts—that consumers indirectly purchase resources from countries plagued with human rights abuses, and that these abuses are systematically correlated (...) with dependence on natural resource exports—has recently led philosophers to argue that consumers, corporations, and the governments that represent them bear some moral responsibility for human rights deficits in resource exporting countries. I agree. However, analyses of the resource curse rarely mention gender. This masks the gendered aspects of the harms that result from the natural resource trade. First, there is a high correlation between dependence on natural resource exports and gender inequality. Second, the commonly recognized resource curses—of authoritarianism, civil war, and economic mismanagement --result in gender specific harms. If these empirical assertions are correct, consumers, corporations, and the governments that represent them bear some moral responsibility for the foreseeable, avoidable gender-specific injustice that many women and some men suffer as a result of the resource curse. After reviewing the causal and moral links between natural resources and gender inequality, I consider a range of proposed reforms to the resource curse, and argue that integrating gender into these reforms will help create enabling conditions for women’s rights movements to move from the resource ‘curse’ to opportunity and equality. (shrink)

This paper explores how law might conceive of the injury or harm of endocrine disruption as it applies to an aboriginal community experiencing chronic chemical pollution. The effect of the pollution in this case is not only gendered, but gendering: it seems to be causing the ‘production’ of two girl babies for every boy born on the reserve. This presents an opening to interrogate how law is implicated in the constitution of not just gender but sex. The analysis (...) takes an embodied turn, attempting to validate the real and material consequences of synthetic chemicals acting on bodies—but uncovers that finding a harm in a declining sex ratio depends on a static conception of the human form, based on unfounded assumptions of ‘naturalness’ and ‘normalcy’. Elizabeth Grosz’s theory of ‘becoming’ offers a compelling challenge, essentially pointing to the conclusion that we should find harm where we find illness and suffering and not simply where we find difference. At the same time, we cannot discount the political economy of the pollution: the paper concludes by returning the focus to the role of power, colonialism and the state in the perpetuation of the pollution on the landscape. (shrink)

Trust is taken to be one of the foundational values in the doctor-patient relationship, facilitating access to the benefits of health care and providing a guarantee against possible harms. Despite this foundational role, some doctors betray the trust of their patients. Trusting involves granting discretionary powers and makes the truster vulnerable to the trustee. Patients trust medical practitioners to act with goodwill and to act competently. Some patients carry pre-existing vulnerabilities, for reasons such as gender, poverty, age, ethnicity, or disability, (...) and these vulnerabilities can be exacerbated when such patients extend their trust to a doctor. Gender stereotypes reduce women's ability to challenge and thereby assess their doctor's competency. In addition, women are more likely to be distrusted by their doctors and have their experiences of medical symptoms discounted. In this paper, we analyze two extreme examples of breaches of medical trust that exploited the vulnerability of women in the health care system: the "unfortunate experiment" at the National Women's Hospital in New Zealand and the Harold Shipman murders of elderly patients in the United Kingdom, examining the potential role of gender in the outcomes with regard to trust. Major breaches of medical trust such as these typically lead to government inquiries, revisions of ethical guidelines, and substantive policy change in an effort to re-establish public and patient trust. We argue that the medical profession has an ethical obligation to put mechanisms in place to protect vulnerable patients from abuses of trust, to monitor colleagues' competence, and to be prepared to blow the whistle to protect patients who are not in a position to recognize misplaced trust. Such mechanisms will act disprosportionately to reduce harm to women as patients. (shrink)

Gender‐affirming care is almost exclusively discussed in connection with transgender medicine. However, this article argues that such care predominates among cisgender patients, people whose gender identity matches their sex assigned at birth. To advance this argument, we trace historical shifts in transgender medicine since the 1950s to identify central components of “gender‐affirming care” that distinguish it from previous therapeutic models, such as “sex reassignment.” Next, we sketch two historical cases—reconstructive mammoplasty and testicular implants—to show how cisgender patients offered justifications grounded (...) in authenticity and gender affirmation that closely mirror rationales supporting gender‐affirming care for transgender people. The comparison exposes significant disparities in contemporary health policy regarding care for cis and trans patients. We consider two possible objections to the analogy we draw, but ultimately argue that these disparities are rooted in “trans exceptionalism” that produces demonstrable harm.. (shrink)

Female genital cutting (FGC) is generally understood as a gendered harm, abusive cultural practice and human rights violation. By contrast, male genital cutting (MGC) is held to be minimally invasive, an expression of religious identity and a legitimate parental choice. Yet scholars increasingly problematize this dichotomy, arguing that male and female genital cutting can occasion comparable levels of harm. In 2015 this academic critique received judicial endorsement, with Sir James Munby's acknowledgement that all genital cutting can cause (...) ‘significant harm’. This article investigates the harm occasioned by MGC. It is informed by a Freedom of Information (FoI) study which provides some empirical evidence of the nature and frequency of physical harm caused by MGC in U.K. hospitals. While acknowledging the challenges and limitations of FoI research, we outline important lessons that this preliminary study contains for medical ethics, law and policy. It provides some empirical evidence to support claims regarding the risks which accompany the procedure and the obligation of health professionals to disclose them, and reveals the paucity of measures in place to ensure that harms are recorded, disclosed and monitored. (shrink)

Cissexist perception involves a prejudicial judgment and an unmediated affective response, such as that of disgust, directed at the gendered aspects of another person. In this paper, I advance a view of how cissexist perception harms disabled people. On this view, there at least two morally problematic aspects of cissexist perception: that it has painful effects, and that it restricts bodily agency. I defend this claim through an analysis of a double bind faced by people subjected to cissexist perception: (...) on the one hand, such individuals are pressured into avoiding certain environments to dodge dangerous predicaments that can arise on behalf of looking different from others; this constitutes unfair exclusion from an environment and under some conditions causes pain. On the other hand, to avoid dangerous predicaments, targets of cissexist perception are pressured into concealing their gender non-conformity to fit into certain environments; concealing frustrates their bodily agency. I conclude with remarks about how trans-affirming artwork may have the capacity to interrupt cissexist perception. (shrink)

There is a long history of women being underrepresented in biomedical and health research. Specific women’s health needs have been, and in some cases still are, comparatively neglected areas of study. Concerns about the health and social impacts of such bias and exclusion have resulted in inclusion policies from governments, research funders, and the scientific establishment since the 1990s. Contemporary understandings of foregrounding sex and gender issues within biomedical research range from women’s rights to inclusion, to links between human rights, (...) women’s health and sustainable development, and the increasing scientific and funding expectation for studies to consider the sex and gender implications of research design, results and impact. However, there are also exploitation issues to consider when foregrounding the inclusion of women as research participants, especially for research ethics committees and institutional review boards. A hidden risk is that exploitative research designs and practices may be missed, particularly by reviewers who may not have a nuanced understanding of gender-based harm. Utilizing contemporary case studies of ethics dumping, this paper highlights some of the concerns, and makes recommendations for IRBs/research ethics reviewers to help ensure that essential research is undertaken to the highest ethical standards. (shrink)

Browne 1 (this issue ) argues that what may appear to be a benevolent practice-disclosing the sex of a fetus to expecting parents who wish to know-is in fact an epistemically problematic and, as a result, ethically questionable medical practice. Browne worries that not only will the disclosure of fetal sex encourage sex-selective abortions (an issue we will not take up here), but also that it will convey a misleading and pernicious message about the relationship between sex and gender. More (...) specifically, she contends that the practice of disclosure is problematic because (1) it purports to establish the gender of the developing baby based on information about the baby's sex, whereas this is not a warranted inference because while sex is determined by biological factors, gender is determined by social factors and (2) it conflates (biological) sex with (social) gender or encourages such conflation or reduction and thereby promotes 'essentialistic' thinking about gender that is closely linked to sexism and social injustice. If (1) is true, then disclosing fetal sex amounts to misinforming or misleading prospective parents-and since misinforming patients is wrong, the act of disclosing is also wrong. However, beyond the wrongs of misinforming patients, the practice also perpetuates the harms associated with a rigidly gendered society through endorsing the message in (2), thus lending the authority of the medical profession to the gender-essentialist ideas that have underpinned, and continue to drive, sexism and social injustice. This analysis leads Browne to recommend that clinicians be prohibited from informing parents about the sex of their developing fetus. -/- We agree with Browne that gender essentialism-the notion that 'femaleness' and 'maleness' carve out distinct natural classes with innate, immutable properties-is not only a false metaphysical thesis, but also a pernicious idea insofar as the sexist attitudes it fosters motivate policies that systematically violate the human rights of women, as well as those of the LGBTQ community. However, we do not think that the disclosure of fetal sex misinforms prospective parents about the gender of their baby, nor do we believe that such disclosure presupposes or promotes gender essentialism properly understood. (shrink)

The Gendered Conference Campaign seeks to reduce the prevalence of conferences at which the keynote speakers are all male. Such conferences, according to proponents of the campaign, stereotype philosophy as male, contribute to implicit bias against women and perpetuate stereotype threat. I argue, first, that if a more diverse list of keynote speakers were the correct way to counter harms such as implicit bias and stereotype threat, then a Gendered Conference Campaign would not be the solution. The campaign (...) would need to include other groups that are the victims of implicit bias and stereotype within philosophy. Other challenges to proponents of the Gendered Conference Campaign are then presented. (shrink)

The complicated colonial history of the Philippines impacts notions of gender in the Islands. Specifically, institutions with strong foreign roots, such as universities, maintain and challenge gender relations. The Philippines sees multiple gender issues in universities despite government-mandated gender mainstreaming policies for education (CMO-1), yet the influence of colonial values remains overlooked. This article contributes to philosophising Philippine education by providing the history of the country’s universities and their role in shaping gender relations. A threefold model of gender structures, relations (...) of power, production and cathexis (emotional attachment), frames historical literature during the Philippines’ Spanish and American colonial periods and contextualises the country’s gender order. The interplay of religion and higher education during the Philippines’ Spanish colonial period reveals why sexuality remains policed by education institutions. The gendering of courses during the American Colonial period details the feminisation of certain disciplines and occupations. Harmful manhood practices adopted during this period continue to affect men in university systems through Philippine fraternities. Lastly, private education perpetuates and maintains power among the elite. The evolution of the Philippine university provides points for analysis for gender issues. These become building blocks to the discourse surrounding the Filipino philosophy of education, by understanding facets of Filipino identity construction, and proposing avenues to explore when decolonising the university. (shrink)

Gender produces multiple discontents (unease, discomfort, embarrassment, irritation, annoyance) in society. With this straightforward thesis the author addresses the problem of gender—Butlerian “gender trouble”—as a form of cultural discontent or unease. During the ground-breaking and path-paving women’s, feminist, gay and lesbian movements, gender, then female gender, caused cultural irritation for the patriarchy of the then societies and continues to do so to this very day. However, with the recent transgender movement, this cultural unease about gender has taken on entirely new (...) dimensions, including turning gender into an alarming issue, a threatening global specter and annoyingly omnipresent conflict not only in wider society but also in academia. These uneasy issues are here tackled in two ways, through the theory and practice of gender. The way subversive gender theory can trigger collective unease, even if it is falsely imposed, artificially induced, and manipulatively orchestrated, is shown using the example of the abuse of Judith Butler’s gender theory by polemicists in culture war debates surrounding gender and proponents and supporters of the anti-gender movement, clearly betraying their intention of harming communities of gender non-conforming people and those communities’ efforts towards social, political, and legal emancipation. The way transgressive gender practice can trigger relational discomfort in everyday interactions is illustrated through the author’s own “gender story” in the form of a short autoethnography of gender unease, to illustrate the problem of deep sex/gender binarism, essentialism, primordialism, perennialism, and naturalism permeating, completely spontaneously and unreflexively, all our thoughts, words, actions, relationships, institutions, and collectives. (shrink)

In chapter one I firstly critique some contemporary family-resemblance approaches to the category woman, and claim that they do not take sufficient account of dis-semblance, that is, resemblances that people have in common with members of the contrast category man. Second, I analyze how the concept of woman is semantically contestable: resemblance/dissemblance structures give rise to vagueness and to borderline cases. Borderline cases can either be included in the category or excluded from it. The factors which incline parties in a (...) dispute about membership to include or exclude depend on metaphysical, ethical, or political background assumptions. In chapter two, I begin by considering the harms suffered by transgender persons through “misgendering”, the deployment of gender terms which inflict psychological harms upon transgender persons, place them in situations of injustice, or diminish their self-respect. Such deployments are morally contestable: they can be challenged on ethical grounds. Several characterisations of the term ‘woman’ proposed in the feminist literature are critiqued from this perspective. In chapter three, I elaborate a broadly liberal approach to gender pluralism. The approach involves: i) the public toleration of gender practices and beliefs which contest prevalent gender norms; and ii) state-gender neutrality. Public toleration allows gender non-conforming practices and beliefs within public space. State gender-neutrality consists mainly in the removal from law and government policy of provisions which assume compliance with prevalent conceptions of gender. (shrink)

Within the context of U.K. law, the right to respect for private life, articulated in Article 8 of the European Convention on Human Rights, and acknowledged more opaquely in domestic legislation and case law, is one whose scope is unclear. Nowhere is this brought into sharper relief than in cases where conduct which manifests a person’s sexual identity, or concerns her intimate relations with others, is prima facie criminal. In this essay I attempt, through a discussion of cases in which (...) injury is caused in the context of relationships experienced inter-subjectively as private, to explore the contexts in which the law is prepared to legitimate that inter-subjective experience, and where it is not. Using cases in which injury has been caused purposively (in S/m sex), and incidentally (through the reckless transmission of HIV during sexual intercourse), the essay argues that the law is prepared to respect the right to respect for private life only in so far as the private life concerned is one which reinforces traditional gender roles and relationship types; in short, a life that one would be prepared to live publicly. (shrink)

The starting point of this paper is that most of the international transboundary water management (TWM) processes taking place globally are driven by ‘the hydraulic mission’ —primarily the construction of mega-infrastructure such as dams and water transfer schemes. The paper argues that such heroic engineering approaches are essentially a masculinised discourse, with its emphasis being on construction, command and control. As a result of this masculinised discourse, the primary actors in TWM processes have been states—represented by technical, economic and political (...) elites operating in what generally gets termed ‘the national interest’. Left out are the local communities relying on the resource directly: the water users; the poor; women; and other important groups. Instruments such as the UN Watercourses Convention of 1997 make an effort to present an attempt at a gender-balanced approach—through asserting the importance of the ‘no-harm rule’ and the ‘equitable share approach’. However, they end up supporting the status quo through the omission of any reference to gender issues. The paper provides an overview of the masculinised discourse on TWM institutions, proposing that this is the case because of the intersection of two masculinised fields—water resource management and the disciplines engaged in the research of transboundary water management, namely, political science and international relations. The paper investigates two southern African examples that illustrate the potential for including a gendered perspective and pro-poor policies that take into account the needs of the water users or ‘stakeholders’. The analysis includes the international and regional legal agreements on transboundary water issues, searching for evidence of a gendered approach. It is concluded that the laws and organisations responsible for transboundary water management currently do not reflect a gendered approach, despite the international recognition given to the necessity of including women in water management structures at all levels. (shrink)

This article argues that the common law constitution can be thought of as the working out of a tradition within which notions of gender, national identity and citizenship are conveyed and secured. It looks at the making and interpretation of Commonwealth Caribbean Constitutions in the latter half of the twentieth century. It shows how the language of the common law constitution was employed to bolster the competence of West Indian male nationalists to govern and to legitimize measured progress for women. (...) The article also explores the fundamental role played by common law constitutionalism in the conceptualization of Caribbean constitutions as evolutionary and the veneration of ordinary existing laws as an expression of valuable norms about gender relations. Narratives of continuity as well as discontinuity are identified with the Caribbean common law constitution. As judicial decisions on gender equality become more liberal, problematic earlier decisions are categorized as ‘badly decided’, signifying a clean break from the past and the abandonment of harmful practices. This article claims that these narratives of discontinuity are associated with the conventional faith in the common law's capacity for change and that they substantially conceal the force and persistence of gender asymmetries in Caribbean societies and the ideologies that have enabled and sustained them. (shrink)

Outlines the origin and evolution of postmodern thought over the last half century and argues that the unchecked spread and application of postmodern ideas -- from academia, to activist circles, to the public at large - presents an authoritarian ideological threat not only to liberal democracy but also to modernity itself.

Background Teamwork in emergency medical services is a very important factor in efforts to improve patient safety. The potential differences of staff gender on communication, patient safety, and teamwork were omitted. The aim of this study is to evaluate these inadequately examined areas. Methods A descriptive and anonymous study was conducted with an online questionnaire targeting emergency physicians and paramedics. The participants were asked about teamwork, communication, patient safety and handling of errors. Results Seven hundred fourteen prehospital professionals from all (...) over Germany participated. A total of 65.7% of the women harmed a patient (men 72.9%), and 52.6% were ashamed when mistakes were made (men 31.7%). 19.0% of the female participants considered their communication skills to be very good, compared to 81% of the men. More women than men did not want to appear incompetent (28.4%, 15.5%) and therefore did not speak openly about mistakes. Both genders saw the character of their colleagues as a reason for poor team communication (women 89.4%, men 84.9.%). Under high stress, communication decreased (women 35.9%, men 31.0%) and expression became inaccurate (women 18.7%, men 20.1%). Conclusions Team communication problems and teamwork in rescue services are independent of gender. Women seem to have more difficulty with open communication about mistakes because they seem to be subject to higher expectations. Work organization should be adapted to women’s needs to enable more effective error management. We conclude that it is necessary to promote a positive error and communication culture to increase patient safety. (shrink)

Many social gradients in health appear steeper for men than for women. I refer to this as the “Steepness Puzzle.” This paper explores the ethical implications of this Puzzle. First, it identifies potential explanations for the Steepness Puzzle, including methodological problems. Second, it highlights two harms associated with the methodological explanation: the consequences of biased epistemic practices and the marginalization of women. It also demonstrates how attempts to flatten the gradients in health could disproportionately favor men or reinforce troubling (...) class='Hi'>gendered norms. Finally, I suggest ways to address the methodological problems underlying the Puzzle. (shrink)

In a recent article in this journal, Kathryn MacKay advances a defence of ectogenesis that is grounded in this technology’s potential to end—or at least mitigate the effects of—gender‐based oppression. MacKay raises important issues concerning the socialization of women as ‘mothers’, and the harms that this socialization causes. She also considers ectogenesis as an ethically preferable alternative to gestational surrogacy and uterine transplantation, one that is less harmful to women and less subject to being co‐opted to further oppressive ends. In (...) this article, I challenge some of the assumptions that underlie MacKay’s case in favour of ectogenesis by questioning whether the relationship between women’s capacity to gestate and birth children and gender‐based oppression is as strong as MacKay makes it out to be. I subsequently argue that—even if MacKay’s reading of this relationship is accurate—ectogenesis is not a desirable means to end gender‐based oppression. It embodies a strategy that could be used to pursue liberating projects that follow what Iris Marion Young defines as ‘the ideal of assimilation’, but that must be resisted. I then concur with MacKay’s contention that ectogenesis is better than gestational surrogacy and uterine transplantation. My argument is that many of the problematic issues that MacKay herself sees as features of these practices will not disappear with ectogenesis. Finally, I conclude that MacKay’s narrow focus on women’s biology and ectogenesis as a solution to gender‐based oppression results in the overlooking of broader systemic issues that contribute to the upholding of oppressive norms. (shrink)

Sexual violence experienced by women during interstate and internal conflict has long escaped legal regulation. This article explores tile extent of that lacuna by analyzing and reflecting upon experiences of sexual violation during the Holocaust. While it is inappropriate to describe the Holocaust experience as a facet of war per se, its horrors did occur in the context of war and thus ex post facto legal accountability for the perpetration of those dreadful events fall under the legal rubric of international (...) humanitarian law. The article explores the extent to which humanitarian law has limited definitional capacity to address the unique ways in which violence is directed towards and experienced by women. The article also demonstrates that sexual harms combine direct sexual harm to women with broader objectives of eliminating the cultural, social, and physical integrity of the community to which the women belong. The article claims that both victims and perpetrators of sexual harms understand the compounded function of sexual violence, but that international law fails to name or adequately sanction either aspect sexual harms. The article goes on to assert that in establishing dual conceptions of harm, there may be multiple bearers of rights when questions of remedy arise. Traditional notions of individualized entitlement to rights are inadequate to fully account for the communities of harm resulting from gendered violence that takes place in the context of war. (shrink)

Gender-affirming healthcare interventions are medical or surgical interventions that aim to allow trans and non-binary people to better affirm their gender identity. It has been argued that rights to GAH must be grounded in either a right to be cured of or mitigate an illness—gender dysphoria—or in harm prevention, given the high rates of depression and suicide among trans and non-binary people. However, these grounds of a right to GAH conflict with the prevalent view among theorists, institutions and activists (...) that trans and non-binary people do not have a mental illness and that one can be trans and entitled to GAH without being depressed or suicidal. This paper challenges the orthodoxy that a right to GAH must be grounded in either of these ways and instead argues for a right to GAH grounded in a right to live and act with integrity. The standard view, which this paper explains, is that our rights to live and act with integrity ground a right to religious accommodation in many cases such as a right to not be denied social security due to one’s refusal to work a job on a holy day. This paper argues that if our rights to live and act with integrity can ground prima facie rights to religious accommodation, our rights to live and act with integrity ground prima facie rights to GAH. There are no data in this work. (shrink)

Cissexist perception involves a prejudicial judgment and an unmediated affective response, such as that of disgust, directed at the gendered aspects of another person. In this paper, I advance a view of how cissexist perception harms disabled people. On this view, there at least two morally problematic aspects of cissexist perception: that it has painful effects, and that it restricts bodily agency. I defend this claim through an analysis of a double bind faced by people subjected to cissexist perception: (...) on the one hand, such individuals are pressured into avoiding certain environments to dodge dangerous predicaments that can arise on behalf of looking different from others; this constitutes unfair exclusion from an environment and under some conditions causes pain. On the other hand, to avoid dangerous predicaments, targets of cissexist perception are pressured into concealing their gender non-conformity to fit into certain environments; concealing frustrates their bodily agency. I conclude with remarks about how trans-affirming artwork may have the capacity to interrupt cissexist perception. (shrink)

Across Europe, countries are reducing CO2 emissions and energy demand by lowering the temperature in public office buildings. These measures affect men and women unequally because the latter prefer and, indeed, perform better under higher temperatures than the standard temperature. Lowering the temperature thus further increases an already existing inequality. We show that the philosophical literature on discrimination provides an interesting theoretical approach to understanding such measures. On prominent understandings of what discrimination is, the policy would be considered direct discrimination (...) against women if it could be shown to reflect a broader inattentiveness to the needs of women in society. Alternatively, and more straightforwardly, the policies can be considered indirect discrimination because of their disparate effects on men and women. The final part of the paper shows that the policies are also wrong for the reasons it is often argued that discrimination is wrong—to wit, that it harms or disrespects those who are discriminated against. The final section suggests a range of measures to offset the discriminatory aspects of the policy. (shrink)

The intersection of religion, culture and gender-based violence (GBV) continues to provoke critical debates in feminist scholarship and activism. Although substantial steps are noticeable in terms of addressing numerous forms of violence against women, religion and culture in the African context continue to promulgate harmful practices. Chika Unigwe’s novel, The Middle Daughter, highlights a world where religion, GBV, social norms, rape myths, silence and agency intersect, shaping women’s lived experiences. Nani, the protagonist, overwhelmed by the loss of her sister and (...) father merely 2 years apart, is lured by a preacher – a wolf in sheep’s clothing – who shoves her into an abusive marriage. Raped but determined to keep the assault under the tongue, Nani further drifts away from her family, friends and community. Imprisoned and battered, yet, Nani’s silent resilience emerges – a quiet but radical strength that defies religio-sociocultural norms. This study is a review of African feminism in eradicating GBV. It discusses how Unigwe’s radical feminist lens unveils the competing female strength and the limits of silence as a form of women’s agency, thereby critiquing the dominant ‘soft’ African feminist approaches.Contribution: This study adopts a radical feminist theory to critique the ‘soft’ African feminisms which fail to serve women facing the intersectional forces of religion, culture and GBV. It argues that feminist activism in Africa has been going on for a lengthy period, yet the double standards embedded in religio-sociocultural beliefs and practices sustain women’s oppression. (shrink)