MacKinnon's Objection to the Theory and Practice of Human Rights
Only rights that protect men have been extended to women. Important rights that affect women only have been invisible. "Atrocities committed against women are either too human to fit the notion of female or too female to fit the notion of human."(p. 528) What does this mean[WJT1] ?
MacKinnon thinks that there are many kinds of invisible human rights violations against women:
(3) prostitution[WJT4] ;
(4) pornography[WJT5] .
RAPE AS A HUMAN RIGHTS VIOLATION
The Bosnia-Herzogovina example: "[T]he rapes are an instrument of war."(531) Ethnic cleansing: Rape as genocide. At the time, there was no precedent for trying sexual atrocities in international law[WJT6] .
Prosecutions in Bosnia-Herzogovina were the result of women from outside the country taking a role in interviewing victims. Human rights develop when a group that has previously been silenced finds a voice.
Conclusion: "[V]iolence against women violates human rights."(540)
HUMAN RIGHTS IN THE PRIVATE SPHERE: RAO ON DOMESTIC VIOLENCE
3. The problem of invisible human rights violations in the private sphere.
Issue: Is the problem a conceptual problem in the content of human rights theory or is it a problem in the application of the theory (what Rao calls a “strategic inadequacy”)?
ANDROCENTRICITY: A PROBLEM OF BLINDNESS IN HUMAN RIGHTS THEORY OR IN HUMAN RIGHTS THEORISTS?
1. Rao's argument concerning torture[WJT12] . Here Rao echoes MacKinnon's argument that torture is "too human to fit the notion of female". Is her problem with the AI definition or with its application?
The example of Rawls's Original Position behind the 'veil of ignorance'. Consider a further generalization of Rawls’s idea: The Intergalactic Original Position. Explain why it makes sense to think of the self in the intergalactic original position as a "denatured, dehistoricized, disembodied, disembedded, individual self". Is this a problem, from a moral point of view?
[WJT3]the main topic of this article
with Andrea Dworkin:
(letter from Natalie Nenardic) and 537; the current
rape is a human rights violation: the
example of Muktaran Bibi in
Violence against women by intimate partners is the larger human rights violation.
[WJT9]507; also discussed on pp. 514-516 and 518.
[WJT10]Published 1989: criticism of Rawls: basic institutions, but assumed households 1971; 1993 he acknowledged that theory applies to family, but said nothing about it; finally in 2001 he addressed the family in "Justice as Fairness".
[WJT11]Talbott 93-94 on violence against women;
1997: 1/3 of ER visits by women;
Joyner v. Joyner;
referee for my manuscript.
[WJT12]compare Convention 511 with AI def. 512.;
echoes MacKinnon argument
[WJT13]Ann Scales 509 and "nomads". Response: Frances Olsen: 509; Pateman on the logical alliance between liberalism and feminism 515.
[WJT14]Explain each term.
from 518-519. marital
rape, domestic violence, contraception, rights against husband, etc.;