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Intersectionality, Transitional Justice, and the Case of Internally Displaced Moro Women in the Philippines
... Pioneering a human rights approach to refugee law, James Hathaway and Michelle Foster published in 1991 The Law of Refugee Status, which paved the way for further work that brings human rights law and refugee law closer (Hathaway & Forster, 1991). Authors have brought forward the study of regional more inclusive systems than that of the Refugee Convention, such as the Latin American or the African systems (Arboleda, 1991;Sharpe, 2018), while others have contested the false distinction from an empirical point of view showing that the reasons for migrating are often mixed (e.g. fear of persecution and search for better financial circumstances) (De Genova, Mezzadra & Pickles, 2015, pp. ...
... To the detriment of normative progress, contributions of Islamic feminist scholars and African feminist decolonizing scholars remain limited and largely inaccessible to a broader academic audience. Internationally published emerging Global South scholars tend to have a rather domestic or regional focus, which has yet to influence a broader spectrum of scholars in adopting a further intersection and decolonial perspective (Sifris & Tanyag, 2019;Yacoub, Errington, Wai Wai Nu & Robinson, 2021). As persuasively noted by Dauvergne, the practice of 'assembling an overview of leading trends in the law' tends not to 'reflect Global South decision-making in any way, as Global South decisions have not attained that odd legal status of "leading"' (Dauvergne, 2021, p. 742). ...
Progress in Migration and Asylum Law scholarship – International, Intersectional, and Interdisciplinary. Special Issue Progress in Legal Scholarship, Marnix Snel, Sanne Taekema & Gijs van Dijck (eds.)
Migration and asylum are global phenomena. Yet they lack a universally accepted and applicable legal regulatory framework, which leads to fragmentation across different levels and fields of analysis. In this contribution, we focus on migration and asylum law (MAL) which we understand to be made up of national, regional and international laws as well as their implementation in practice. The aim of this article is to identify developments in the area of MAL and the scholarly voices that have contributed to ground-breaking legal scholarship. We approach the question of progress in MAL scholarship based on our combined expertise in human rights, refugee law and migration law and bring forward how, in these often-separate legal fields, similar progress has been made. We focus our discussion on three interactions that we consider to have changed the way in which legal scholarship addresses migration and asylum: interactions between national and other sources of law; interactions between different fields of law, crossing into human rights law, family law or labour law; and interactions with various empirical scholarships (section 3). Learning from sociology and anthropology scholarships, the intersection of social stratifications such as gender, race and ethnicity, and class is now firmly grounded in MAL scholarship, inspiring the methodological shift from black letter law to empirical legal studies.
... This means that the protection offered to women experiencing intersecting forms of discrimination is inadequate under current international law (Bond, 2021;Celorio, 2022Celorio, , 2024Xanthaki, 2019). In the limited human rights literature that does take an intersectional approach, it is mostly used as an analytical tool to unpack some of the complexities surrounding human rights violations (Chow, 2016;de Beco, 2017;Ghanea, 2013;Handl et al., 2022;Holzer, 2020;Kuokkanen, 2012;Sifris & Tanyag, 2019;Wadsworth, 2011;Xanthaki, 2019). Handl et al. (2022), for example, engaged with intersectionality as an analytical tool to expose inequality in business, thereby enriching scholarship on business and human rights. ...
Few theories have generated the kind of international and interdisciplinary engagement as intersectionality. Nevertheless, intersectionality as a research paradigm has yet to gain ground in human rights research. People can experience the same rights violation on multiple grounds, yet human rights research design and methods-like rights frameworks and treaty bodies themselves-tend to examine each form of discrimination separately or additively. This article demonstrates the value of intersectionality as a methodological approach for human rights research by discussing feminist methodological insights developed through a global qualitative study of exclusionary birth registration practices that lead to statelessness. The discussion highlights three intersections that block access to birth certificates: gender, religious, and ethnic discrimination at the civil registrar; disability and ethnic discrimination in contexts of mobility; and discrimination based on gender, race, and migration status in reproductive healthcare. The conclusion offers human rights researchers an intersectional method for analyzing observations from all human rights mechanisms on a particular issue, to gain a more fulsome understanding of the operations of power that violate rights.
... Former Special Rapporteur on human rights and the environment John Knox stated that "for every 1 killed, there are 20-100 others harassed, unlawfully and lawfully arrested, and sued for defamation, amongst other intimidations" (UNEP, n.d.). Extractive violence is also overlooked in understudied countries such as the Philippines (Delina, 2021;Sifris and Tanyag, 2019;Wayland, 2019). ...
This article contributes to discussions of extractive violence by exploring how gender influences violent circumstances under which women were assassinated during environmental conflicts. Partnership with local activists facilitated the reporting of cases of martyred Filipina women environmental defenders on the Environmental Justice Atlas (EJAtlas). Twenty cases from the EJAtlas involving thirty-one women environmental defenders martyred for their activism were analyzed qualitatively examining why and how differences and similarities emerge based on intersectional factors with special attention to gender. Findings suggest that 1) impoverished, rural, Indigenous, and otherwise multiply marginalized women were at high risk of vulnerability and retaliation in environmental conflicts because of their loss of agency and status; 2) mining and logging were deadliest partly because such industries institutionalize and exacerbate violent, gendered subordination 3) the circumstances of their murders were subtly gendered, including their exposure and vulnerability to conflicts, mobilization opportunities, and experienced violence.
Women in the Philippine garments sector face distinctive challenges and remain the most vulnerable to exploitation due to poor labor conditions, which are further complicated by their gender and class.
To gain a comprehensive and nuanced understanding of labor issues affecting women and girls in the garments sector, there will be approaches that involve not only gender but also the intersectionality of class and material conditions. Moreover, given that the garments sector relies heavily on market trends, which have evolved rapidly in light of trade liberalization and globalization. In addition to analyzing the intersection of gender and class, legal frameworks and state policies will be analyzed for gaps and opportunities. This is to gain further context on which institutional factors influence the working conditions of women garment workers in the Philippines.
Sexual and reproductive health and justice (SRHJ) is key to gender equality and an important component of any long-term development strategy for countries emerging from conflict and civil war. Girls and women are vulnerable to various sexual and reproductive risks, which are exacerbated in conflict contexts and can have both short- and long-term economic implications for them, their families, and their communities. Yet neoliberalism and patriarchal power structures prevent women’s economic well-being from being a priority when postconflict policies are designed. Applying a gender lens to postconflict policies, we illustrate why addressing reproductive justice in postconflict contexts is both a gender justice issue and a macroeconomic imperative, as well as providing concrete policy recommendations, including the imposition of a global arms tax, to fund postconflict SRHJ priorities.
JEL Classification: O2, I1, B54
Development policies advancing the Women, Peace and Security agenda enjoy an established trajectory across international organizations. This is evident within United Nations programs that engage displaced populations where children are particularly vulnerable to conflict dynamics. This article argues that existing gender-based development policies mitigate the impact of conflict on children through empowering displaced women as peacebuilding agents. Using United Nations data, fieldwork, and elite interviews, this article employs a case study of Iraq to show that the implementation of gender-based development policies correlates with reduced rates of grave violations against children in conflict settings. These findings point to the peacebuilding potential of displaced women through their ability to mitigate the economic and social impacts of conflict dynamics on children. Policy programs within the United Nations Women, Peace and Security framework should engage this connection between displaced women and the protection of children to strengthen and improve peacebuilding outcomes in conflict environments.
Bibliografía especializada sobre Jueces en Democracia. La Filosofía política de la Corte Interamericana de Derechos Humanos
This chapter investigates the emergence and valuing of more progressive, positive or open forms of masculinity, while keeping continuing harmful expressions of masculinity in mind. One route towards openness emerges as masculinity, mobility and paid work are reconfigured in connection with one another, though this constitutes a privileged form of work towards openness, and by no means the only one. The chapter also teases out potentials for masculinities emerging from greater scope for men’s expression and a lessening of discourses of stark differences between men and women. Positive developments in terms of men’s caring in friendships and work lives are highlighted too, even if this caring contrasts to the forms of care work women are obligated to perform. The narratives explored in this chapter highlight that while there is still much work to be done, it is possible for more advantaged men to move towards greater egalitarianism.
This chapter draws together the book’s focus on ongoing harmful expressions of masculinity amongst more advantaged men alongside emerging openness, suggesting a focus on both is important in efforts towards change. A key argument is that individual attitudinal and behavioural change is important and possible, but this must be in conjunction with wider efforts and change and broader structural shifts in configurations of gender, work and relationality. In a cultural moment where harmful forms of masculinity have been put under the spotlight, an opportunity exists for change and redirection, and it is thus imperative that open, feminist alternatives for masculinity be offered to men. Revolutionary pathways towards equality are being fostered by those in the margin, pathways towards which more privileged men can move on the terms of those in the margin.
This chapter takes an intersectional lens to explore privilege and the necessity of ‘studying up’. It initially delves into the concepts of open and closed masculinities, based on a framework of margin-centre. These concepts provide useful devices for considering privilege in terms of men and masculinities, but also situate the margin as a site of openness and possibility, following the work of bell hooks. The chapter then explores intersections of whiteness, class privilege, heterosexuality and masculinity. Key concepts in the field of critical studies on men and masculinities are investigated as well as newer theoretical and conceptual advancements, and overviews of the hegemonic forms of masculinity in Australia and Germany are presented. The chapter concludes with a profile of structures of work and gender in both countries, focusing on the mediating effects of privilege on rising precarity.
This chapter explores continuing expressions, practices, beliefs and discourses of masculinity amongst advantaged men that constitute barriers to greater equality, considering these as examples of closed masculinities. It investigates the ways in which some men deploy discursive distancing as a means of balancing contemporary contradictory requirements for men to be both hard and softer. Older discourses of women as ruled by emotions, and as therefore less suited to career and friendships, are also unpacked and problematised, as is the salience of worries amongst some heterosexual men that they will be perceived as gay. These worries equate socially unacceptable male forms of homosexuality with femininity, but can exist alongside accepting and inclusive attitudes towards LGBTQIA+ people, as this chapter illustrates. The chapter concludes with an exploration of stories about fathers as traditional, distant and unemotional, contrasting with the more reworked or open expressions of masculinity emerging amongst some contemporary young men.
This chapter explores contradictions, challenges and possibilities of contemporary masculinities. It considers how young, more advantaged men challenge the boundaries of harmful forms of masculinity in some ways, but draw on them in others. A key focus of the chapter is the ability for more privileged men to utilise mobility and flexibility in service of career and personal life advancement. Pressures of masculinity are investigated too, such as the threat of violence, expectations of men’s behavior—particularly surrounding alcohol consumption—and proscriptions against men showing emotions or seeking help. Contemporary young men are in many cases searching for more fulfilling ways to be men. Without accessible feminist guidelines for change, a search for ‘true’ or ‘essential’ masculinity can ensue, as this chapter explores. This search draws on discourses of men as having lost their place and identity in late modernity, overlooking structural challenges in terms of gender and work under neoliberalism.
This chapter turns to possibilities and openness of masculinities being fostered in the margin. Drawing on the work of bell hooks, the margin is positioned as the site where open possibilities for masculinities are fostered, openness towards which men with greater privilege can move. This chapter highlights the biography and narratives of one man in the margin, considering some of the ways in which he deconstructed masculinity, gender, sexuality and power and modelled what might be considered a form of caring masculinity. The chapter rejects the glorification of disadvantage, while simultaneously illuminating the possibilities for those outside the privileged centre to model or be the vanguard for more open forms of masculinity.
"If masculinities are changing in the neoliberal era, where do we find the signs? Among young men, as Elliott shows in this intriguing study set in Germany and Australia. She shows the possibilities for greater openness in masculinities, especially at the social margins. But her interviews also show that privilege can be sustained, while fears of dependency and loss of authenticity remain."
-Raewyn Connell, University of Sydney, Australia
“Theoretically novel and conceptually sophisticated, Elliott is exemplary in her offering of a combination of sympathy and critical engagement. This text provides a genuinely meaningful advance for, and challenge to, the field, convincingly arguing it’s very much time to move beyond the notion that privileged men are the vanguards of progressive change in respect of contemporary masculinities.” — Steven Roberts, Monash University, Australia
This book explores navigations of contemporary masculinities amongst young, advantaged men living in Australia and Germany. Taking an intersectional approach, the book argues that more open, egalitarian forms of masculinity, such as caring masculinities, are fostered by marginalised groups. Elliott investigates ways in which privileged men can move towards this openness alongside ongoing expressions of more traditional or regressive masculinity. Drawing on interviews, the book explores these navigations and the ways in which they are bound up with themes such as work, mobility, relationships, the privileges and pressures of masculinities, and the contradictions and difficulties of masculinities under neoliberalism. What is revealed is the need for change at individual, collective and structural levels, with care and openness amongst men as a means of achieving this change.
Young Men Navigating Contemporary Masculinities will be of interest to students and scholars in fields such as sociology, gender studies, critical studies on men and masculinities, and cultural studies.
Karla Elliott is a Lecturer in Sociology at the School of Social Sciences, Monash University, Australia.
Most studies of the gendered impact of conflict focus on sexual and gender-based violence (SGBV) atrocities committed in high-intensity conflict environments. In contrast, this article focuses on the patterns of SGBV in Mindanao, Philippines – an environment of protracted low-intensity conflict within a fragile state. We examine the current Mindanao peace process to highlight the disempowerment of survivors of SGBV, due in large part to the reporting constraints that affect those most likely to be targeted for sexual violence by rival groups, some of whom are closely associated with the peace process. By making visible the significant social, political-economic, and institutional barriers affecting the recognition and reporting of SGBV, we discuss how and why conflict-related SGBV continues in fragile and low-intensity conflict environments.
Over the past decade, significant global attention has been paid to the issue of ‘widespread and systematic’ sexual and gender-based violence (SGBV). To contribute to the prevention of SGBV, researchers have examined the relationship between the presence of armed conflict and the causes of SGBV. Much of this causal literature has focused on the individual and group perpetrator dynamics that fuel SGBV. However, we argue that research needs to lay bare the roots of SGBV in normalized and systemic gender discrimination. This article brings back structural gender inequality as a causal explanation for SGBV. In order to better understand and prevent SGBV, we propose a critical knowledge base that identifies causal patterns of gendered violence by building on existing indicators of gender discrimination.
This study gets to the heart of examining what counts as conflict-related gender violence under international law. Using empirical research from Liberia, Northern Ireland and Timor-Leste, the study specifically explores and explains variance beyond strategic sexualized violence employed in some conflicts, to analyze the ways that private individualistic violence is influenced by conflict across the three case studies. Proposing a set of variables as possible determinants of wide-ranging forms of violence, the study proposes that on a continuum of “political public violence” to “endemic private violence,” there are forms of violence that may sit somewhere “inbetween.” The analysis queries where this “in-between”’ violence should fit in the thresholds provided by law and what consideration should be given to the political and private violence nexus that the research demonstrates.
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- Miriam Coronel-Ferrer
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