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Wednesday, January 11, 2023

Transgender people in China

From Wikipedia, the free encyclopedia
The rainbow flag, commonly the gay pride flag and sometimes the LGBT pride flag, is a symbol of lesbian, gay, bisexual, and transgender (LGBT) pride and LGBT social movements in use since the 1970s.

Transgender is an overarching term to describe persons whose gender identity/expression differs from what is typically associated with the gender they were assigned at birth. Since "transgender studies" was institutionalized as an academic discipline in the 1990s, it is difficult to apply transgender to Chinese culture in a historical context. There were no transgender groups or communities in Hong Kong until after the turn of the century. Today they are still known as a "sexual minority" in China.

Terminology

Because Chinese transgender studies are so unfocused, a wide variety of terms are used in relation to transgender in the varieties of Chinese.

  • Tongzhi (同志, pinyin tóngzhi) refers to all peoples with a non-normative sexuality or gender, including homosexual, bisexual, asexual, transgender, and queer peoples.
  • Bianxing (變性, biànxìng) is the most common way to say "change one's sex", though not necessarily through sexual reassignment surgery—bianxing may also include hormonal changes and lifestyle changes.
  • In Mandarin, the term kuaxingbie (跨性别, kùaxìngbié), literally "cutting across sex distinctions", has come into use as a literal translation of the English term "transgender", its use having proliferated from academic contexts.
  • Offensive terms for trans women include “niang niang qiang” (娘娘腔, meaning sissy boy) or “jia ya tou” (假丫头, meaning fake girl).
  • "Fanchuan" (反串, fǎnchùan) is the historical term for cross-dressing performing on stage, as in Beijing opera where males play women's parts, or in Taiwanese opera where females play men's parts.

In Hong Kong, there are specific derogatory terms used towards transgender people. The most common is jan-jiu (人妖) which translates to "human monster".

  • Bin tai, or biantai (變態) in Putonghua, in Hong Kong refers to a non-normative person, deviating from the reproductive heterosexual family and the normative body, gender, and sexuality expectations. It is also a derogatory term for cross-dressers, pedophiles, polygamists, homosexuals, masculine women, sissy boys, and transgender people.
  • Yan yiu, or renyao in Putonghua, translates into human ghost, human monster or freak. It is commonly used to target transgender people, but has historically been used for any kind of gender transgression.
  • The second form is naa-jing referring to men who are considered sissy or effeminate. However, the politically correct term for a transgender person in Hong Kong is kwaa-sing-bit (跨性別). The media in Hong Kong might use the negative term jan-jiu or bin-sing-jan, referring to a sex or gender changed person.
  • In the late 1990s, the performing group Red Top Arts (紅頂藝人, py Hǒngdǐng Yìrén) came to fame in Taipei, Taiwan as the island's first professional drag troupe. Since this time, "Red Top" and various homophones (紅鼎, 宏鼎, etc.) have come to be common combining-forms that indicates drag, cross-dressing, etc.

Terms for crossdressing are many and varied. 異裝癖 (py yìzhūangpǐ), literally "obsession with the opposite [sex's] attire", is commonly used. 扮裝 (py bànzhūang), literally "to put on attire", is commonly used to mean crossdressing. Related to this is an auxiliary term for drag queens: 扮裝皇后 (py bànzhūang húanghòu), or "crossdressing queen". There are several terms competing as translations of the English drag king, but none has reached currency yet. While research shows that China's younger population is much more accepting of transgender people, offensive terminology like "jan-jim" or "bin-sing-Jan" is very common.

History of transgender people in China

In the mid 1930s, after the father of Yao Jinping (姚錦屏) went missing during the war with Japan, the 19-year-old reported having lost all feminine traits and become a man, was said to have an Adam's apple and flattened breasts, and left to find him. Du He, who wrote an account of the event, insisted Yao had become a man, while doctors asserted Yao was female. The story was widely reported in the press, and Yao has been compared to Lili Elbe, who underwent sex reassignment in the same decade.

Cross dressing in Peking Opera

A Beijing Opera or Peking Opera performer.

Sinologists often look to theatrical arts when imaging China in a transgender frame because of the prominent presence of cross-gender behavior.

Peking Opera, also known as Beijing Opera, had male actors playing female dan characters. Men traditionally played women's roles due to women being excluded from performing in front of the public as a means of preventing carnal relations. Although, before 1978, male to female cross dressing was mostly for theatrical performances, used for comedic effect or to disguise a character in order to commit a crime or defeat enemies. Female to male characters were considered heroic in theatrical performances.

During the Ming and Qing Dynasties of China, cross dressing occurred both onstage and in everyday life. Within theater, some who were intrigued by it would roleplay, organize their own troupes, write, and perform theatrical pieces.

Many of early modern China's stories reflected cross-dressing and living the life of a different gender for a short period of time, mainly featuring the cross-dressers as virtuous, like Mulan.

Li Yu, a writer and entrepreneur, featured the gendering of bodies to be dependent upon men's desires and operated by a system of gender dimorphism, assumed by social boundaries of the time. When Li Yu created an acting troupe, as many elite males did, he had a concubine that played a male role as he believed she was "suited to male" or considered her more of the masculine gender.

In modern-day Peking Opera and film, there are male to female cross dressers and vice versa for characters, especially with certain time periods.

Early sexual change

According to some scholars, female infants were forced to dress up as males ("cross-dressing"). They claim that this, in turn, affected those children into living transgender lives.

Laws regarding gender reassignment

Gender reassignment on official identification documents (Resident Identity Card and Hukou) is allowed in China only after the sex reassignment surgery. The following documents are required in order to apply for gender reassignment:

  • A formal written request from the applicant;
  • Household Registration Book (which may need to be retrieved from the applicant’s family) and Resident Identity Card;
  • A certificate of gender authentication issued by a domestic tertiary hospital, along with verification of the certificate from a notary public office or judicial accreditation body;
  • A notice of permission for gender alteration [of the document] from the human resources office of the institution, collective, school, enterprise, or other work units of the individual (if applicable).

Based on the Management Specification on Gender Reassignment Technology published by National Health Commission in 2022, the surgical patient has to be at least over 18 years old, have the desire of intending gender reassignment persistently for more than 5 years, be unmarried in order to take the sex reassignment surgery; plus, proof of familial consent is required prior to any surgical practice regardless of surgical types.

In 2009 the Chinese government made it illegal for minors to change their officially-listed gender, stating that sexual reassignment surgery, available to only those over the age of twenty, was required in order to apply for a revision of their identification card and residence registration.

In early 2014 the Shanxi province started allowing minors to apply for the change with the additional information of their guardian's identification card. This shift in policy allows post-surgery marriages to be recognized as heterosexual and therefore legal.

In November 2022, Chinese government began preparations to restrict internet purchases of estradiol and cyproterone, and a draft had been reviewed.

Transgender supports in China

The Beijing LGBT Center (Beijing Tongzhi Zhongxin) is primarily composed of four organizations: Aizhixing AIDS Organization, Tongyu Lala Organization, Aibai Cultural and Education Center, and Les+. Tongyu Lala is an organization based in Beijing that combats discrimination against and is an advocate for social inclusion of lesbians, bisexual women, and transgender people. The group also helps organize LGBT groups in China.

There are a number of important events that focus on promoting LGBT rights and equality in China including the International Day Against Homophobia, Biphobia and Transphobia, the Beijing Queer Film Festival, and gay pride parades held in Beijing, Shanghai and Guangzhou (see Hong Kong Pride Parade and Shanghai Pride).

Transgender people and Chinese culture

Religion

Confucianism, one of the dominant value systems in China, enforces and promotes traditional gender roles. Confucianism has a strong belief in maintaining males as the head of the household; thus, transgender people are considered to usurp said gender roles.

Buddhism views all bodily concerns as entrapment in the Samsara, equally including those concerns regarding LGBT+ identities and issues.

Maoism

The attitudes of younger generations that have been less exposed to Maoist ideologies are beginning to reflect more accepting attitudes towards members of the LGBTQ+ community.

Transgender culture

Youth

Transgender youth in China face many challenges. One study found that Chinese parents report 0.5% (1:200) of their 6 to 12-year boys and 0.6% (1:167) of girls often or always ‘state the wish to be the other gender’. 0.8% (1:125) of 18- to 24-year-old university students who are birth-assigned males (whose sex/gender as indicated on their ID card is male) report that the ‘sex/gender I feel in my heart’ is female, while another 0.4% indicating that their perceived gender was ‘other’. Among birth-assigned females, 2.9% (1:34) indicated they perceived their gender as male, while another 1.3% indicating ‘other’.

One transgender man recounts his childhood as one filled with confusion and peer bullying. In school he was mocked for being a tomboy and was regularly disciplined by teachers for displaying rowdy boy-like behavior. Some recommended to his parents that he be institutionalized.

These attitudes may be slowly changing and many Chinese youth are able to live happy and well-adjusted lives as members of the LGBT+ community in modern China. In July 2012 the BBC reported that the new open economy has led to more freedom of sexual expression in China.

In 2021, China's first clinic for transgender children and adolescents was set up at the Children's Hospital of Fudan University in Shanghai to safely and healthily manage transgender minors' transition.

According to a survey conducted by Peking University, Chinese trans female students face strong discrimination in many areas of education. Sex segregation is found everywhere in Chinese schools and universities: student enrollment (for some special schools, universities and majors), appearance standards (hairstyles and uniforms included), private spaces (bathrooms, toilets and dormitories included), physical examintions, military trainings, conscription, PE classes, PE exams and physical health tests. Chinese students are required to attend all the activities according to their legal gender marker. Otherwise they will be punished. It is also difficult to change the gender information of educational attainments and academic degrees in China, even after sex reassignment surgery, which results in discrimination against well-educated trans women.

Literature

Literature and plays in the 17th century featured cross-dressing, like Ming dramatist Xu Wei who wrote Female Mulan Takes Her Father’s Place in the Army and The Female Top Candidate Rejects a Wife and Receives a Husband. Despite the female to male cross dressing, the woman would eventually return to her socially gendered roles of wearing women's clothes and would marry a man.

Social media and technology

Technological advancements help to promote greater awareness among youth of LGBT+ issues. Access to Western media such as trans-themed web sites and featuring of trans-identifying characters in Western movies are broadening the knowledge and sense of community that many trans youth seek.

Transgender people in media

Entertainers:

Models:

Citizens:

The following Chinese films portray transgender characters:

In addition, in the 2019 documentary film, The Two Lives of Li Ermao, a trans migrant worker "transitions from male to female, then back to male," which some promoted as part of "Love Queer Cinema Week."

Civil union

From Wikipedia, the free encyclopedia
 
Male couple in Croatia, which allows civil partnerships but not same-sex marriage.

A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage except child adoption and/or the title itself.

Civil unions under one name or another have been established by law in several, mostly developed, countries in order to provide legal recognition of relationships formed by unmarried same-sex couples and to afford them rights, benefits, tax breaks, and responsibilities similar or identical to those of legally married couples. In 1989, Denmark was the first country to legalise civil unions, for same-sex couples; however most other developed democracies did not begin establishing civil unions until the 1990s or early 2000s, often developing them from less formal domestic partnerships. While civil unions are often established for both opposite-sex couples and same-sex couples, in a number of countries they are available to same-sex couples only. In Brazil, civil unions were first created for opposite-sex couples in 2002, and then expanded to include same-sex couples through a supreme court ruling in 2011. In the majority of countries that established same-sex civil unions, they have since been either supplemented or replaced by same-sex marriage. Civil unions are viewed by LGBT rights campaigners as a "first step" towards establishing same-sex marriage, as civil unions are viewed by supporters of LGBT rights as a "separate but equal" or "second class" status.

Many jurisdictions with civil unions recognize foreign unions if those are essentially equivalent to their own; for example, the United Kingdom lists equivalent unions in the Civil Partnership Act 2004 Schedule 20. The marriages of same-sex couples performed abroad may be recognized as civil unions in jurisdictions that only have the latter.

Overview and terminology

The notion of civil unions is rejected by some, such as this protester at a large demonstration in New York City against California Proposition 8.

The terms used to designate civil unions are not standardized, and vary widely from country to country. Government-sanctioned relationships that may be similar or equivalent to civil unions include civil partnerships, registered partnerships, domestic partnerships, significant relationships, reciprocal beneficiary relationships, common-law marriage, adult interdependent relationships, life partnerships, stable unions, civil solidarity pacts, and so on. The exact level of rights, benefits, obligations, and responsibilities also varies, depending on the laws of a particular country. Some jurisdictions allow same-sex couples to adopt, while others forbid them to do so, or allow adoption only in specified circumstances.

In the United States, the term civil union was introduced in the state of Vermont in 2000 to connote a status equivalent to marriage for same-sex couples; it was chosen by the state's legislators in preference to phrases such as "domestic partner relationship" or "civil accord".

Domestic partnership, offered by some states, counties, cities, and employers since as early as 1985, has generally connoted a lesser status with fewer benefits. However, the legislatures of the West Coast states of California, Oregon and Washington have preferred the term domestic partnership for enactments similar or equivalent to civil union laws in East Coast states.

Civil unions are not seen as a replacement for marriage by many in the LGBT community. "Marriage in the United States is a civil union; but a civil union, as it has come to be called, is not marriage", said Evan Wolfson of Freedom to Marry. "It is a proposed hypothetical legal mechanism, since it doesn't exist in most places, to give some of the protections but also withhold something precious from gay people. There's no good reason to do that." However, some opponents of same-sex marriage claim that civil unions rob marriage of its unique status; Randy Thomasson, executive director of the Campaign for California Families, calls civil unions "homosexual marriage by another name" and contends that civil unions provide same-sex couples "all the rights of marriage available under state law". The California Supreme Court, in the In Re Marriage Cases decision, noted nine differences in state law.

Civil unions are commonly criticised as being 'separate but equal'; critics such as former New Zealand MP and feminist Marilyn Waring note that same-sex couples remain excluded from the right to marry and are forced to use a separate institution. Supporters of same-sex marriage contend that treating same-sex couples differently from other couples under the law allows for inferior treatment and that if civil unions were the same as marriage there would be no reason for two separate laws. A New Jersey commission which reviewed the state's civil union law reported that the law "invites and encourages unequal treatment of same-sex couples and their children". Some have suggested that creating civil unions which are open to opposite-sex couples would avoid the accusations of apartheid.

Proponents of civil unions say that they provide practical equality for same-sex couples and solve the problems over areas such as hospital visitation rights and transfer of property caused by lack of legal recognition. Proponents also say that creating civil unions is a more pragmatic way to ensure that same-sex couples have legal rights as it avoids the more controversial issues surrounding marriage and the claim that the term has a religious source.

Many supporters of same-sex marriage state that the word 'marriage' matters and that the term 'civil union' (and its equivalents) do not convey the emotional meaning or bring the respect that comes with marriage. Former US Solicitor General and attorney in the Perry v. Schwarzenegger case Theodore Olsen said that recognizing same-sex couples under the term 'domestic partnership' stigmatizes gay people's relationships, treating them as if they were "something akin to a commercial venture, not a loving union". Many also contend that the fact that civil unions are often not understood can cause difficulty for same-sex couples in emergency situations.

List of jurisdictions recognizing same-sex unions but not same-sex marriage

As of August 13, 2022, the states that provide civil unions but not marriage for same-sex couples are:

List of jurisdictions recognizing same-sex unions

  Civil unions for same-sex couples.
  Civil unions in some states or territories.
  Civil unions not performed.

The following is a list of countries and other jurisdictions which have established civil unions for same-sex couples or opposite-sex couples, categorized by continent, with the year in which the law establishing civil unions in the listed country or other jurisdiction came into effect in brackets.

Criticism of marriage

From Wikipedia, the free encyclopedia

Criticisms of marriage are arguments against the practical or moral value of the institution of matrimony or particular forms of matrimony. These have included the effects that marriage has on individual liberty, equality between the sexes, the relation between marriage and violence, philosophical questions about how much control can a government have over its population, the amount of control a person has over another, the financial risk when measured against the divorce rate, and questioning of the necessity to have a relationship sanctioned by government or religious authorities.

Criticism of marriage comes from various cultural movements, including branches of feminism, anarchism, Marxism and queer theory. Feminist activists often point to historical, legal and social inequalities of wedding, family life and divorce in their criticism of marriage. Sheila Cronan claimed that the freedom for women "cannot be won without the abolition of marriage." "The institution of marriage – wrote Marlene Dixon of the Democratic Workers Party – is the chief vehicle for the perpetuation of the oppression of women; it is through the role of wife that the subjugation of women is maintained". Andrea Dworkin said that marriage as an institution, developed from rape, as a practice.

Early Second Wave feminist literature in the West, specifically opposed to marriage include personalities such as Kate Millett (Sexual Politics, 1969), Germaine Greer (The Female Eunuch, 1970), Marilyn French (The Women's Room, 1977), Jessie Bernard (The Future of Marriage, 1972), and Shulamith Firestone (The Dialectic of Sex: The Case for Feminist Revolution, 1970).[3]

History

Sylvia Pankhurst (1882 – 1960), British feminist, refused to marry her son's father, creating public scandal.

In 380 BC, Plato criticised marriage in the Republic. He stated that the idea of marriage was a "natural enemy" of the "commonwealth," aiming for its own higher unity.

In the industrial age a number of notable women writers including Sarah Fielding, Mary Hays, and Mary Wollstonecraft, raised complaints that marriage in their own societies could be characterized as little more than a state of "legal prostitution" with underprivileged women signing in to support themselves. Sociologists Naomi Gerstel and Natalia Sarkisian wrote that marriage is also found to be often at odds with community, diminishing ties to relatives, neighbors, and friends. According to Dan Moller's "Bachelor's Argument", modern marriage can be compared to the act of "forging professional credentials." Over 40 percent of them fail and therefore should be avoided similar to any high-risk venture.

Commentators have often been critical of individual local practices and traditions, leading to historical changes. Examples include the early Catholic Church's efforts to eliminate concubinage and temporary marriage, the Protestant acceptance of divorce, and the abolition of laws against inter-faith and inter-race marriages in the western countries.

The decision not to marry is a presumed consequence of Søren Kierkegaard's philosophy. His well-documented relationship with Regine Olsen is a subject of study in existentialism, as he called off their engagement despite mutual love. Kierkegaard seems to have loved Regine but was unable to reconcile the prospect of marriage with his vocation as a writer and his passionate and introspective Christianity.

A similar argument is found in Franz Kafka's journal entry titled "Summary of all the arguments for and against my marriage":

I must be alone a great deal. What I accomplished was only the result of being alone.

As a high-profile couple, Jean-Paul Sartre and Simone de Beauvoir always expressed opposition to marriage. Brian Sawyer says "Marriage, understood existentially, proposes to join two free selves into one heading, thus denying the freedom, the complete foundation, of each self."

Prior to the legalization of same-sex marriage in the United States, many people banded together to boycott marriage until all people could legally marry. The argument was that since marriage is not an inclusive institution of society, the members of the boycott refuse to support the institution as it existed.

In the West, cohabitation and births outside marriage are becoming more common. In the United States, conservative and religious commentators are highly critical of this trend. They are also often critical of present-day marriage law and the ease of divorce. John Witte, Jr., Professor of Law and director of the Law and Religion Program at Emory University, argues that contemporary liberal attitudes toward marriage produce a family that is "haphazardly bound together in the common pursuit of selfish ends" exactly as prophesied by Nietzsche. In his From Sacrament to Contract, Witte has argued that John Stuart Mill's secular and contractarian model of marriage, developed during the Enlightenment, provided the theoretical justification for the present-day transformation of Anglo-American marriage law, promoting unqualified "right to divorce" on plaintiff's demand, one-time division of property, and child custody without regard for marital misconduct. A Catholic professor Romano Cessario, in a review of Witte's book published in an ecumenical journal the First Things, suggested that a solution to the current crisis of marriage in the West, could come from the possible revival of the sacramental marriage among Christians, thus counterbalancing Nietzsche's pessimism (as echoed by Witte).

Cultural criticisms

"Esposas de Matrimonio" ("Wedding Cuffs"), a wedding ring sculpture expressing the criticism of marriages' effects on individual liberty. Esposas is a Spanish pun, in which the singular form of the word esposa refers to a spouse, and the plural refers to handcuffs.

Male dominance

Critics of marriage argue that it is an institution which contributes to the maintaining of traditional gender roles, thus preventing women from achieving social equality, and reinforcing the idea that women exist to serve men, which in turn increases the abuse of women. They argue that marriage reinforces the traditional paradigm of male-female interaction: subordination of the woman to the man in exchange for subsistence. According to Sheila Jeffreys "the traditional elements of marriage have not completely disappeared in western societies, even in the case of employed, highly educated and well paid professional women." She argues that even such women remain in abusive marriages out of fear of leaving and out of duty. Even in Western countries, married women "feel they have no choice but to stay and endure and may be 'loving to survive.'"

Normalization and discrimination

Some commentators criticize government authorities for promotion of marriage. They also criticize the romanticized image that marriage is given in films and romance novels. Over 40% of books sold in America were romance novels.

Some critics argue that people cannot form an objective image of what marriage is if they are from early childhood indoctrinated into believing marriage is desirable and necessary.

Critics of marriage argue that this institution represents a form of state sponsored discrimination, in a generalized way against people who do not marry, and in a particular way against certain racial or ethnic groups who are less likely to marry and more likely to have children outside marriage, such as African Americans in the US - by stigmatizing such individuals, presenting their lifestyle as abnormal and denying them rights. Dean Spade and Craig Willse write that:

The idea that married families and their children are superior was and remains a key tool of anti-Black racism. Black families have consistently been portrayed as pathological and criminal in academic research and social policy based on marriage rates, most famously in the Moynihan Report.

Social isolation

What is it about modern coupledom that makes policing another person's behaviour a synonym for intimacy? (Or is it something about the conditions of modern life itself: is domesticity a venue for control because most of us have so little of it elsewhere?) Then there's the fundamental premise of monogamous marriage: that mutual desire can and will last throughout a lifetime. And if it doesn't? Well apparently you're just supposed to give up on sex, since waning desire for your mate is never an adequate defence for 'looking elsewhere'. At the same time, let's not forget how many booming businesses and new technologies have arisen to prop up sagging marital desire. Consider all the investment opportunities afforded: Viagra, couples pornography, therapy. If upholding monogamy in the absence of desire weren't a social dictate, how many enterprises would immediately fail?

— American cultural critic and essayist Laura Kipnis, 2003

A criticism of marriage is that it may lead to the social isolation of a person, who is often expected to diminish other relations with friends, relatives or colleagues, in order to be fully dedicated to their spouse. Julie Bindel writes that: "Maybe those at the most risk of ending up alone are not the folk who never marry, but rather the people who chuck all their eggs in one basket. [...] During their marriage, believing as they did that they only needed each other, both parties would have neglected friendships, or indeed, failed to cultivate new ones".

Symbolism

Some critics assert that marriage will always remain a symbolic institution signifying the subordination of women to men. Clare Chambers points to the sexist traditions surrounding marriage and weddings; she writes:

Symbolically, the white wedding asserts that women's ultimate dream and purpose is to marry, and remains replete with sexist imagery: the white dress denoting the bride's virginity (and emphasising the importance of her appearance); the minister telling the husband "you may now kiss the bride" (rather than the bride herself giving permission, or indeed initiating or at least equally participating in the act of kissing); the reception at which, traditionally, all the speeches are given by men; the wife surrendering her own name and taking her husband's.

The history of marriage in relation to women makes it an institution that some critics argue cannot and should not be accepted in the 21st century; to do so would mean to trivialize the abuses it was responsible for. Some critics argue that it is impossible to dissociate marriage from its past. Clare Chambers argues that:

(...) it is impossible to escape the history of the institution. Its status as a tradition ties its current meaning to its past". Past abuses of marriage are sometimes depicted in documentaries. A documentary in Ireland presented the story of elderly women who described their experiences with repeated acts of rape in marriage and the children born from these rapes, during the time when marital rape was not criminalized, contraception, abortion and divorce were all illegal, and the marriage bar restricting married women's employment outside the home was in force. Marital rape in Ireland was made illegal in 1990, and divorce was legalized in 1996.

Violence against women

Violence related to female virginity is considered a problem. In many parts of the world, it is socially expected for the bride to be a virgin; if the husband has sex with his wife after marriage and she does not bleed (it is common for a woman to not bleed when she has sex for the first time), this can end in extreme violence, including an honor killing.

The common view of marital life as "private" and outside the sphere of public intervention allows violence to flourish. Elizabeth Brake writes that ""privacy" protects unequal divisions of domestic labor, domestic violence, and exclusion of health coverage for abortion and contraception." Mary Lyndon Shanley writes that police often "ignore complaints of domestic violence because they do not want to "intrude" on the private realm of the married couple."

Legal criticisms

Economic dependence

Marriage has been criticized in its complicity of wives' economic dependence on husbands due to the gendered division of labour and that women's work typically pays less than men's work. Women are more likely to downgrade or drop out of their careers to assist in child rearing or when their career conflicts with their husband's. Absent a career, women become dependent on legally granted marriage benefits such as a husband's health insurance, and are thus increasingly dependent on their husband. This dependence can facilitate abuse because the marriage becomes economically difficult to leave.

Immobility

In some conservative cultures, married women are not allowed to leave home without the consent of the husband - a prohibition that is supported by the law itself in many of these countries. For instance, in Yemen, marriage regulations state that a wife must obey her husband and must not leave home without his permission.

Marital rape

Historically, in many cultures marriage has been used to regulate sexuality, rather than consent regulating it. That is, non-marital sex was banned regardless of consent, while marital sex was an enforceable obligation. From the mid-20th century onward, changing social norms have led to, among other things, the decriminalization of consensual non-marital sex and the criminalization of marital rape. These changes are not universal around the world, and in many countries they have not occurred. One of the concerns about marriage is that it may contradict the notion of sexual self-determination, due to cultural, religious, and in many countries also legal norms. For instance, sex outside marriage is still punishable by death in some jurisdictions. In 2014, Amnesty International's Secretary General stated that "It is unbelievable that in the twenty-first century some countries are condoning child marriage and marital rape while others are outlawing abortion, sex outside marriage and same-sex sexual activity – even punishable by death."

In various places, men have sexual authority over their wives, in law and in practice. The men decide when and where to have sex, and wives have no power to stop unwanted sex. In certain countries marital rape is legal, and even where it is illegal it is infrequently reported or prosecuted. Often, married women also cannot stop unwanted pregnancy, because in various countries modern contraception is not available, and in some countries married women need legal permission from their husband to use contraception (and even in countries where the husband's consent is not legally required in practice it is asked for), and abortion is illegal or restricted, and in some countries married women need the consent of their husband for abortion. Therefore, marriage leads to a situation which allows not only forced sex, but also forced pregnancy, and in some of these countries pregnancy and childbirth remain dangerous because of lack of adequate medical care. The effects of sexual violence inside marriage are exacerbated by the practice of child marriage; in 2013 an 8-year-old Yemeni girl died from internal bleeding after she was raped by her 40-year-old new husband. Sheila Jeffreys argues that the very institution of marriage is based on the idea that heterosexual sex is the absolute right of the man and the absolute duty of the woman; that men are entitled to demand sex on their terms and to coerce sex, and women are not allowed to ever refuse it. Lack of economic opportunity means that wives have no choice but to "allow sexual access to their bodies in return for subsistence".

Relationship favoritism

Another issue is the question of why relations that are (or are believed to be) sexual are favored in law with regard to legal protections and promotion, and those that are not (or are believed not to be) are not. This is especially the case as marriage rates are quite low in many Western countries, and the state has been criticized for ignoring other living arrangements that are not sexual relations; and there have been increased objections to legal concepts such as consummation or adultery that critics argue do not belong in modern law. It is argued that with regard to family life, the state should regulate the parental rights and responsibilities of parents, not focus on whether there is an ongoing sexual/romantic relation between the parents.

State control

A criticism of marriage is that it gives the state undue power and control over the private lives of the citizens. The statutes governing marriage are drafted by the state, and not by the couples who marry under those laws. The laws may, at any time, be changed by the state without the consent (or even knowledge) of the married people. The terms derived from the principles of institutionalized marriage represent the interests of the governments. Proponents of marriage privatization argue that private marriage prevents said state's undue power and control. For example, Michael Kinsley emphasizes marriage privatization's potential to end the controversy over same-sex marriage, as well as create equality between same-sex and straight marriage by removing official government sanctions for both.

Critics of marriage argue that it is an institution based on control, domination and possession, and that attempting to exercise control over another person's life is immoral and dangerous, and should not be encouraged by the state. Claudia Card, professor of philosophy at the University of Wisconsin-Madison, writes that:

The legal rights of access that married partners have to each other's persons, property, and lives makes it all but impossible for a spouse to defend herself (or himself), or to be protected against torture, rape, battery, stalking, mayhem, or murder by the other spouse... Legal marriage thus enlists state support for conditions conducive to murder and mayhem.

Violence against women

Anti-dowry poster in Bangalore, India. See dowry death

The United Nations General Assembly defines "violence against women" as "any act of gender-based violence that results in, or is likely to result in, physical, sexual or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life." The 1993 Declaration on the Elimination of Violence Against Women noted that this violence could be perpetrated by assailants of either gender, family members and even the "State" itself.

Critics of marriage argue that it is complicit in the mistreatment and subjugation of women across the world. Common concerns raised today focus on the health and general well-being of women, who, in parts of the world, have virtually no protection in law or in practice against domestic violence within marriage. It is also nearly impossible for women there to get out of abusive relationships. Abuses are upheld by claims of possession and entitlement in some cultures and the well-being of women is undermined by a powerful act of subordination. According to Gerstel and Sarkisian, domestic violence, isolation, and housework tend to increase for women who sign marriage contracts. Those with lower income draw even fewer benefits from it. Bad marriages, according to Gerstel and Sarkisian, result in higher levels of stress, suicide, hypertension, cancer, and slower wound healing in women.

Opponents of legal marriage contend that it encourages violence against women, both through practices carried out within a marriage (such as beating and rape inside marriage - which are legal in some countries and tolerated in many more), and through acts related to marital customs (such as honor killings for refusing arranged marriages; forcing rape victims to marry their rapist, marriage by abduction; or executions for sex outside marriage). In some parts of the world, the extreme stigma cast on women who have reached a certain age and are still unmarried often leads these women to suicide. Suicide is also a common response of women caught in abusive marriages with no possibility of leaving those marriages. Women who are faced with the prospect of forced marriage may commit suicide. Violence and trafficking related to payment of dowry and bride price are also problems. Dowry deaths especially occur in South Asia, and acid throwing is also a result of disputes related to dowry conflicts.

In various countries, married men have authority over their wives. For instance, Yemeni marriage regulations state that a wife must obey her husband and must not leave home without his permission. In Iraq, husbands have a legal right to punish their wives. The criminal code states that there is no crime if an act is committed while exercising a legal right. Examples of legal rights include: "The punishment of a wife by her husband, the disciplining by parents and teachers of children under their authority within certain limits prescribed by law or by custom". In the Democratic Republic of Congo, the Family Code states that the husband is the head of the household; the wife owes her obedience to her husband; a wife has to live with her husband wherever he chooses to live; and wives must have their husbands' authorization to bring a case in court or to initiate other legal proceedings.

Specific criticisms

Anarchist

Famous anarchist Emma Goldman wrote how marriage was not a love pact but an economic agreement that restricts men's and mainly women's freedoms. She criticized how wives were surrendered freedoms permanently for the sake of marriage, and how sexuality and child rearing outside of marriage is shamed.

Feminist

Marriage is a focus of many feminist concerns. Of these many cultural concerns include the fact that within many marriages women are generally expected to do most of the work in the home, even if they had careers outside the home. A more economic concern is that marriage may also foster economic dependence since women's work is underpaid and women are expected to downgrade their careers when their careers conflict with their husband's or with work in the home. Without appropriate finances women can become dependent on their husband's marriage benefits like health insurance.

Some feminists have argued for the reform of marriage while others have argued for its abolition arguing it is entrenched in sexist cultural norms and a legal structure that promotes it.

Marxist

The separation of the family from the clan and the institution of monogamous marriage were the social expressions of developing private property; so-called monogamy afforded the means through which property could be individually inherited. And private property for some meant no property for others, or the emerging of differing relations to production on the part of different social groups. The core of Engels’ formulation lies in the intimate connection between the emergence of the family as an economic unit dominated by the male and this development of classes.

— Anthropologist and social theorist Eleanor Leacock

Within early Marxist texts there existed critiques of marriage. Friedrich Engels wrote how the origins of marriage were not for the purposes of love but instead for private property rights. Monogamous marriage became an institution to be the base of the family and solidify a system for the family to handle private property and its inheritance. Monogamy would later spur on adultery and the business of prostitution.

In the book The Second Sex, author Simone de Beauvoir argues that marriage is an alienating institution. Men can become tied to supporting a wife and children and women can become dependent on their husbands, and children can become the target of rage when the stresses of marriage overwhelm their parents. She argues about marriage that "Any institution which solders one person to another, obliging people to sleep together who no longer want to is a bad one".

Queer theory

Within Queer theory a critique exists that the legalization of same-sex marriage simply normalizes the cultured gender norms and economic inequalities of marriage into the LGBT community. Also that the normalization of marriage delegitimizes non-monogamous relationships which are considered common in the LGBT community.

United Nations Commission on the Status of Women

From Wikipedia, the free encyclopedia
 
Commission on the Status of Women
AbbreviationCSW
Formation21 June 1946; 76 years ago
TypeIntergovernmental organization, regulatory body, advisory board
Legal statusActive
HeadquartersNew York, USA
Head
Chair of the UN Commission on the Status of Women
 Armenia
Mher Margaryan
Parent organization
United Nations Economic and Social Council
WebsiteCSW at unwomen.org

The Commission on the Status of Women (CSW or UNCSW) is a functional commission of the United Nations Economic and Social Council (ECOSOC), one of the main UN organs within the United Nations. CSW has been described as the UN organ promoting gender equality and the empowerment of women. Every year, representatives of Member States gather at United Nations Headquarters in New York to evaluate progress gender equality, identify challenges, set global standards and formulate concrete policies to promote gender equality and advancement of women worldwide. In April 2017, ECOSOC elected 13 new members to CSW for a four-year term 2018–2022. One of the new members is Saudi Arabia, which has been criticised for its treatment of women.

UN agencies actively followed their mandates to bring women into development approaches and programs and conferences. Women participate at the prepcoms, design strategy, hold caucus meetings, network about the various agenda items being negotiated in various committees, and work as informed lobbyists at conferences themselves. The CSW is one of the commissions of the UN that do not limit participation to states only. For example, NGOs are also allowed to participate in sessions of the CSW, attending caucuses and panels and organizing their own parallel events through the NGO Committee on the Status of Women, New York (NGO CSW/NY). This is particularly important for contested territories such as Taiwan, which is not a member of the UN. In the past few years, NGOs from Taiwan (such as the National Alliance of Taiwan Women's Associations) have been able to participate in the CSW sessions.

CSW consists of one representative from each of the 45 Member States elected by ECOSOC on the basis of equitable geographical distribution: 13 members from Africa; 11 from Asia; 9 from Latin America and Caribbean; 8 from Western Europe and other States and 4 from Eastern Europe. Members are elected for four-year terms. Among its activities, the CSW has drafted several conventions and declarations, including the Declaration on the Elimination of Discrimination against Women in 1967 and women-focused agencies such as UNIFEM and INSTRAW. The Commission's priority theme for its 57th session (57th session) was the "elimination and prevention of all forms of violence against women and girls". Ahead of that, an Expert Group Meeting (EGM): prevention of violence against women and girls was held in Bangkok, Thailand, from 17 to 20 September 2012.

History

The UNCSW was established in 1946 as a mechanism to promote, report on and monitor issues relating to the political, economic, civil, social and educational rights of women. It was a unique official structure for drawing attention to women’s concerns and leadership within the UN. UNCSW first met at Lake Success, New York, in February 1947. All 15 government representatives were women, which distinguished UNCSW from other UN movements, and UNCSW has continued to maintain a majority of women delegates. During its first session, the Commission declared as one of its guiding principles:

to raise the status of women, irrespective of nationality, race, language or religion, to equality with men in all fields of human enterprise, and to eliminate all discrimination against women in the provisions of statutory law, in legal maxims or rules, or in interpretation of customary law.

One of UNCSW's first tasks was to contribute to the drafting of the Universal Declaration of Human Rights. Commission members inserted gender-sensitive language — arguing against references to "men" as a synonym for humanity and phrases like "men are brothers". They received resistance from members of the Commission on Human Rights, but succeeded in introducing new, inclusive language.

Original members

The first session (1947) had 15 members/delegates in attendance, all women:

Reproductive rights and the Commission

Early Work and CEDAW

The Commission began working after its founding in 1946 to directly introduce women's rights to the international arena. This was achieved through a variety of means, most commonly through attempts to collect data that showed discrimination occurring against women. In conjunction with the emerging global women's movement, the UN and the CSW named 1976 through 1985 the United Nations Decade for Women. During this time, reproductive rights were included in the central action of the Commission, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which entered into force in 1981. This convention stipulated that with regards to reproductive rights, reproduction "should not be a basis for discrimination". It also acknowledges the social implications of motherhood, and states that childcare and maternity protection are integral rights and should be extended to all realms of the lives of women. CEDAW is the only international human rights treaty that overtly references family planning. It states that it is a human right for women "to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights", and any state party to the treaty is required to provide education on family planning and reproductive rights, including various forms of contraception. Forced abortion or sterilization constitute violations to the treaty. The United States has failed to ratify CEDAW. In addition to CEDAW, the CSW has undertaken several other efforts to address reproductive rights. Throughout this time, the Commission hosted four global conferences on women to address issues including reproductive rights. The locations were Mexico City in 1975, Copenhagen in 1980, and Nairobi in 1985.

Fourth World Conference on Women and Beijing Platform for Action

In 1995, the Commission held the Fourth World Conference for Action, better known as the 1995 Beijing Declaration and Platform for Action. This followed three other conferences addressing the needs and rights of women around the world. The Beijing Platform has been hailed by the Center for Reproductive Rights as "the most comprehensive articulation of international commitments related to women’s human rights." It places a special emphasis on reproductive rights through its legislation regarding family planning, which states that it is the right of all women "to be informed and to have access to safe, effective, affordable and acceptable methods of family planning of their choice, as well as other methods of their choice for regulation of fertility which are not against the law." Specifically, the Platform urges state governments to reevaluate punitive measures placed on abortion, provide family planning and a range of contraceptives as alternatives to abortion as well as quality abortion after care. The Platform also presents a safe, healthy pregnancy as a human right which is to be attained through quality resources and healthcare available to all women regardless of economic status. Some scholars have argued that the Platform served to complicate issues of adolescent sexual care and complications resulting from HIV and AIDS.

Reproductive Rights in the Twenty First Century

Since the new millennium, the CSW has also taken action to integrate reproductive rights into the international arena through the creation of the Millennium Development Goals (MDGs), specifically goal 5, which is achieving universal access to reproductive health. In 2005, the UN added a provision to MDG 5 which aimed to "achieve, by 2015, universal access to reproductive health," determined by the prevalence of contraceptives, adolescent birth rates, the use of prenatal care, and the failure to access family planning methods. The agreements published from the 57th session in 2013 of the CSW also mentions the importance of reproductive rights as human rights and access to safe reproductive care as a means to resolve violence against women. The Declaration also understands this care as a means of prevention of future violence, acknowledges systematic factors and how they influence care and reproductive rights. More recently, the CSW reaffirmed their prioritization of their sexual education, reproductive rights, and reproductive justice for all women including the use of modern family planning options (including a range of contraceptive options) through publishing their 2014 Declaration of Agreements.

Women’s rights in the Islamic Republic of Iran

In December 2022, the Islamic Republic of Iran was expelled from membership of the United Nations Commission on the Status of Women, following the death of Mahsa Amini and the violent crackdown against human rights protesters in Iran. This was the first time a member had been expelled over its treatment of women in the history of the commission.

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