Gender - Addressing the Public/Private Divide

// Africa | Gender - Addressing the Public/Private Divide
Email to a friend Plain text Print version // Font size: Decrease font Enlarge font

What types of efforts have acknowledged and remedied the public/private divide?

I - INTRODUCTION

The Western legal tradition sees the world as composed of two spheres: the public, where law may regulate actors, and the private, where the law does not apply[1]. Because women have long been associated with the private sphere, this division has historically excluded women from the protection of law.

Human rights law initially maintained the public/private divide, much to the detriment of women. The first women's rights treaty began to break down the barrier between public and private, clarifying that states must ensure women's rights in all areas of life. Advocacy on violence against women most strongly challenged that classical legal divide, and there is now an international consensus that states are obligated to exercise measures of 'due diligence' in preventing and responding to violence against women, even when the perpetrator is a non-state actor.

II - THE PUBLIC/PRIVATE DIVIDE IN INTERNATIONAL LAW

The public/private division originates from classical liberal political philosophy[2], in which the world the public, political sphere is the realm of the government, while the private, apolitical sphere is that of family, home, and sexuality[3]. The king or state can use laws to regulate the public sphere, but the private sphere is theoretically immune from legal regulation[4].

According to the liberal tradition, the two spheres also correspond with the two sexes: the public is the realm of men, the traditional breadwinner assumed to be the rational and political sex, and the private is the realm of women, the irrational and natural sex.[5]

The gendered nature of the public/private divide in the Western legal tradition has had profound consequences for the rights of women. Feminists argue that the dichotomy has both excluded women from the public arena and reinforced their status as a second-class group.

First, as Hilary Charlesworth contends, sexist laws have directly discriminated by "exclud[ing] women from the public sphere - from professions, from the marketplace, from the vote" [6]. Second, the law has failed to regulate much of what takes place in the private sphere. A failure to regulate "does not signify...neutrality", argues Charlesworth, explaining that a state's failure to criminalise marital rape, for example, "supports and legitimates the power of husbands over wives"[7].

Tagged : No tags for this article

Headlines Newsview all

President Buhari Begs Niger Delta Militants : Please Stop Pipeline Bombings, I Plead In The Name Of God Almighty

President Muhammadu Buhari yesterday pleaded with Niger Delta militants to soft pedal on the bombing and destruction of oil and gas installations.  He asked those close ...

Revealed: America Has Solid Evidence Of S3x Scandal Against Nigerian Lawmakers

U.S. officials have “solid evidence” of the alleged misconduct Ambassador James Entwistle reported to House of Representatives Speaker, Yakubu Dogara, high-level diplomatic sources say. In a ... Full story

Buhari Fiddles While Nigeria Is On Fire

Nero Claudius Drasus Germaniscus was the 5th Emperor of the Roman Empire between 54- 68AD. His ascension to the throne in 54AD was received with ... Full story

Coup Reports: Buratai Summons Top Commanders

The Chief of Army Staff, Lt. Gen. Tukur Buratai, on Friday summoned top commanders of the service to the Army headquarters for an emergency security ... Full story

How Nigerians Spend N1.4bn Daily On Sports Betting

Casinos and endless entertainment are primarily what Las Vegas in the US is known for. But back home in Nigeria, those involved in casino and sports ...

Buhari?s Certificate Saga: Media Trials And What Goes Round

President Muhammadu Buhari’s certificate saga is getting messier by the day. Although a majority of his supporters who are now blaming themselves for imposing this ... Full story

EFCC, Please, Reflect On Justice Kolawole?s Upbraiding

Justice Gabriel Kolawole of the Federal High Court, Abuja copiously presented the position of Nigerians bothered about the consistent abuse of the rule of law ... Full story

Declaration:Read Reasons Why Every Youth In Igboland Will Soon Join Avengers Says IPOB

– IPOB has insisted that it supports the activities of the Niger Delta Avengers – It warned that if the government carries out any attack, youths ...

Biafra Massacre: Victims? Blood Cries For Justice

President Muhammadu Buhari has been urged not to sweep under the carpet last month alleged gruesome killings of unarmed pro-Biafra agitators in Anambra, Imo, Enugu, ...

Breaking News: Militants Kill 30 People In Lagos

Confirmed news from Ikorodu,Lagos have it that suspected pipeline vandals,militants invade Igbo Olomu and Ishawo Community. Another source confirmed that about 30 people have been ...

Fogery Scandal: AGF Snups Senate Invitation

The Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami (SAN) has replied to the claim by the Senate President, Bukola Saraki, ... Full story

Comment on: Gender - Addressing the Public/Private Divide

Rate this article

0

Breaking News

Policeman Allegedly Assaults Popular Nollywood Actress In Lagos (Photos)

The actress and TV presenter took to Instagram to narrate the unfortunate incident and to show proof of her injury sustained in the ugly encounter: "On ... Full story

Video: Xherdan Shaqiri Scores Fantastic Bicycle Kick

Xherdan Shaqiri  of Switzerland scored arguably the best goal of the 2016 EURO's after his fantastic bicycle kick goal drew Switzerland level with Poland ...

Euro 2016 Match Preview: Wales vs Northern Ireland

The eagerly-anticipated clash between Wales and Northern Ireland is the first time two home nations have met in the knockout stages of a major tournament. It ...

Arsenal?s Alex Iwobi One Of Five British Based Players Called Up By Nigeria For The Olympic Games

Arsenal may have to do without Alex Iwobi for the start of the new Premier League season after the midfielder was included in the provisional ...

Why Tiwa Savage Is Nigeria?s Biggest Female Musician, Despite The Odds

– Tiwa Savage, the entertainer whose career is perfectly modelled on resilience, talent and media savviness – The Nigerian pop star is currently arguably Africa’s biggest female ...

Watch How Malin And Terry Have S3x In Front Of Housemates In Love Island Show

ITV dating show, Love Island left viewers in shock as two housemates - Malin and Terry - slept with themselves openly in front of fellow housemates ...

Wow! See How 'The Rock' Dwayne Johnson Showed Love To Nollywood Actress, Stella Damasus

Nollywood actress, Stella Damasus blushed like a newly crowned princess after famous celebrity and former wrestler Dwayne Johnson showed some love on her by replying ... Full story

West Ham Make A Sensa Batshuayi Bid

West Ham have made a €35m bid for Marseille striker Michy Batshuayi, according to reports. The Hammers' offer was worth around £28.25m at 9am on Friday ...

SO SEXY: Paul Okoye's Female Music Act Exposes Flat Tummy During Interview

Paul Okoye's signing, Lucy, continued her radio tour after her new banging song which featured reggae artiste, Cynthia Morgan. The singer was recently at Rhythm FM, ... Full story

Newly Born Again Actress, Patience Ozokwor Spotted Ministering At A Church In Lagos

Popular veteran actress, Patience Ozokwor, who recently turned a born-again christain, has been pictured recently ministering to a congregation at an Anglican Church in the ... Full story