Catharine A. MacKinnon
Gender in Constitutional Law is a comprehensive collection of formative and influential scholarship in a dynamic area of legal development and social change. Compiling theoretical, empirical, and practical analyses from leading scholars, judges, and nongovernmental organizations around the world, these volumes are comparative and international in range, representative in content, and illuminating in depth. Particular attention is paid to intersectionality, culture, and custom. Mapped by an accessible, incisive introductory chapter, the collection provides basic sources and cutting-edge guidance in constitutional processes. The assembled curated works, together with the introduction, offer an invaluable cross-disciplinary research tool for generalists and specialists, scholars and practitioners, thinkers and activists, students, teachers, individuals and groups alike.
Juanita Elias and Adrienne Roberts
Edited by Juanita Elias and Adrienne Roberts
This Handbook brings together leading interdisciplinary scholarship on the gendered nature of the international political economy. Spanning a wide range of theoretical traditions and empirical foci, it explores the multifaceted ways in which gender relations constitute and are shaped by global politico-economic processes. It further interrogates the gendered ideologies and discourses that underpin everyday practices from the local to the global. The chapters in this collection identify, analyse, critique and challenge gender-based inequalities, whilst also highlighting the intersectional nature of gendered oppressions in the contemporary world order.
Anna Coates and Sandra Del Pino
This chapter outlines the obstacles faced, and potential offered, by the post-2015 development framework for advancing the normative framework and commitments for indigenous women’s health in Latin America. An overview of the status of indigenous women’s health in the region is presented, as well as a brief analysis of current normative frameworks at global and regional levels that make reference to indigenous women´s health and the challenges of operationalising these frameworks in national legal frameworks. The chapter discusses how health goals for indigenous women may articulate with more generalized goals related to health, gender equality and women’s empowerment within the proposed new development framework to confront these challenges. It grapples with some of the complexities of including indigenous women’s health issues in the new framework in a meaningful way, as well as the particular potential offered by attention to the intersections between the goals, the related intersectoral action this implies, and the particular importance of the goals related to means of implementation, and particularly disaggregated data, for ensuring accountability.
In challenging dominant discourses on older people as vulnerable and dependent, and their health as marked by frailty and decline, the author demonstrates that stereotypical understandings of what ‘the issues’ are for older people leaves them marginalized, stigmatized and overlooked. Taking the example of neoliberal Britain and alarmist discourses of the cost of Alzheimer’s, and neoliberal India where social provision for older people is negligible and the dominant discourse classes older people as the responsibility of families, stereotypical discourses on frailty, disability, dependence and isolation are shown to marginalize other perspectives, with the result that research into old age rights (or their lack) and into later life activity and mutual interdependence across generations are framed as policy objectives rather than empirical fact. This chapter demonstrates how a focus on what older people do, that is not predetermined by ageist thinking, produces a broader understanding of what determines health in later life.
In the anticipated post-2015 development agenda many Western governments, their development agencies and a range of non-governmental organizations (NGOs) seek to advance an integrated sexual and reproductive health and rights (SRHR) framework. The SRHR framework serves as a bold new paradigm for the work of human rights-informed global health. However, the same development actors behind the SRHR framework have scarcely acknowledged the theoretical and practical tensions that their development efforts have posed for sexual rights. This chapter analyzes these tensions by asking, ‘How has the provision of sexual health impacted sexual rights?’ In answering this question, focus is placed on the logic and strategies of United States Agency for International Development (USAID)-funded HIV/AIDS interventions over ten years (2004–2014) in Ghana for ‘key populations’ (those populations most at risk to HIV). This chapter argues that Western-funded sexual health organizations, and a changing socio-political context in Ghana, facilitated a paradox between sexual health and sexual rights in Ghana. In this predicament, the strategic choices of coordinators and implementers of HIV/AIDS interventions with the aim of maximizing uptake of sexual health services among sexual minorities had the effect of: (1) co-opting sexual rights efforts; (2) silencing their public activism; and (3) incentivizing gender conformity and ‘African’ conceptions of sexuality among its clients and leadership. The chapter concludes by summarizing the findings and applying them to the SRHR framework to offer suggestions for its implementation in international development and how misconceptions of sexuality led to these problems.
Johanna Gonçalves Martín
In this chapter the author contrasts two different ways of understanding and of practicing reproduction by health professionals and by indigenous Yanomami people in Venezuela. Based on medical and ethnographic work in the Upper Orinoco and health system in Venezuela in 2003_2006 and 2009_2011, she presents the ideologies, cosmologies or theories which underlie the making of children for the Yanomami, and standard programmes of reproductive health care for the doctors. To fully understand the equivocations, and especially the troubling experiences of women when they access certain hospital-based services, it is necessary to consider some fundamental principles of the health system in Venezuela. The author describes the historical development of an approach to health that considers both gender and indigeneity, including the contradictions that have emerged at different points. It is of crucial importance to consider that while for doctors reproduction is neatly set apart into a field of conception, pregnancy, childbirth, and reproductive organs and their illnesses, and on a biological understanding of life, for the Yanomami reproduction concerns an animistic understanding of life, in which fertility is a fundamental aspect of well-being and a product of a careful management of inter-species relations in a life-ecology. The author proposes a reflection on other models of reproductive care, and ends the chapter with a call for more aware and engaged forms of interculturality in the context of care.