Authored By: Somilasonke
University of Fort Hare
Abstract.
Before analyzing the growth of feminism and its connection to international human rights law, it first looks at the beginnings and progress of human rights. After that, it looks at the legal frameworks that safeguard women’s rights both domestically and internationally, analyzes the ideas of anti-feminism and anti-human rights and finishes by determining if opposition to feminism impedes the achievement of women’s human rights. Hillary Clinton emphasized that feminism is fundamentally concerned with the protection and advancement of women’s rights as human rights. In her 1995 speech at the UN Fourth World Conference on Women, she expanded on this core principle by removing the traditionally boundary between women’s rights and fundamental human rights. Her conceptualization of feminism asserted that discussing women’s rights in isolation from human rights is no longer acceptable[1].
Keywords:
Feminism, human rights, anti-feminist, anti-human rights.
INTRODUCTION.
‘To be anti-feminist is to be anti-human rights, women are human and the rights of women are human rights’, this statement reflects the central premise of this article. Women are human beings, and the rights of women are human rights. Therefore, it is impossible to isolate a movement that aims to uphold and promote women’s equality, freedom, and dignity from the larger context of international human rights law.
Feminism emerged in the late eighteenth century as a response to systemic inequalities that were faced by women. The movement aimed to challenge discrimination and advocate for equal rights, opportunities, and treatment across political, economic, social, and legal domains. In Feminism is for everybody, Bell Hooks defines feminism in a short and very clear manner. She explains that feminism is simply a movement to end sexism, exploitation, and oppression against women.[2] The movement began because societies were all ruled by men, this denied women basic human rights such as voting rights, they faced loss of property to men when marrying, right to education, women were expected to remain, cook clean, and raise children. The first large, organized wave of movement began in United States and the United Kingdom. Women protested to demand equality, legal rights, and the right to vote. In simple terms, feminism emerged to advocate for women’s rights and to affirm that women are entitled to dignity, freedom, opportunities and equal human rights.
Women’s rights form an integral part of universal human rights because women and girls are human beings who are inherently entitled to the same rights, freedoms, and legal protections as everyone else. These rights are not separate from human rights but are a fundamental component of them. They include, among others, the right to education, equal participation in political and public life, equal remuneration for equal work, access to healthcare, and the right to live free from all forms of violence, discrimination, and oppression. The recognition and protection of these rights are guaranteed through various international and regional human rights instruments, which require states to uphold and promote equality without discrimination based on sex or gender.
The relationship between women’s rights and human rights is founded on the principle of universality, which holds that every person is entitled to fundamental rights and freedoms simply because they are human. In principle, international human rights law applies equally to all individuals regardless of sex, race, nationality, religion, or any other status. Despite this universal principle, women have historically been denied the full enjoyment of these rights because of deeply rooted social, political, economic, and legal inequalities. As a result, women often faced barriers that prevented them from accessing opportunities and protections that were readily available to men[3]. Because of this, the international community created particular legal structures and procedures to improve the defense of women’s rights and end discrimination based on gender. Instead of establishing additional or distinct rights for women, these frameworks uphold the idea that women should have the same legal and practical human rights as men. Therefore, achieving gender equality is a basic human rights requirement as well as a social goal. If women and girls are still subjected to discrimination or are not allowed to fully exercise their fundamental human rights, a society cannot be considered truly just, democratic, or egalitarian.
The article initially examines the origins and development of human rights before examining the rise of feminism and its relationship to international human rights law. It then examines the legislative frameworks that protect women’s rights both at home and abroad, examines the concepts of anti-feminism and anti-human rights, and concludes by assessing whether opposition to feminism hinders the realization of women’s human rights.
THE ORIGINS OF HUMAN RIGHTS LAW
The notion that everyone has an innate entitlement to basic human rights only by virtue of being human is a relatively new theory. Its roots can be found in older intellectual traditions, religious teachings, and historical legal texts from different cultures that valued justice and human dignity. Although these early ideas laid the foundation for the development of human rights, it was the devastating impact of World War II that brought human rights to the forefront of international concern. ‘’World II was a devastating global conflict that in the deaths of millions of people and profoundly influenced the development of modern international human rights law’, History and Evolution of Human rights define[4]. The evolution of international human rights was significantly impacted by World War II. The numerous crimes carried out throughout the conflict, such as mass murder, genocide, and other grave abuses of human dignity, revealed the inadequacy of the international systems in place to safeguard people. In reaction, the international community recognized the need for a global institution that could promote peace, prevent future wars, and defend fundamental human rights. Consequently, the United Nations was established in 1945.
On October 24, 1945, the United Nations (UN) was formally founded. After World War II, the Allied Powers founded the organization. Preventing future confrontations was their aim. The UN replaced the weaker, older League of Nations. The main stages of the creation process were as follows:
Soviet, American, and British leaders started organizing in the early stages. They met during conferences in Tehran and Yalta, for example. They concluded that a new organization was required to keep the world at peace.
The Big Meeting: In April and June of 1945, 850 representatives from 50 nations gathered in San Francisco. They worked for two months. They drafted the United Nations Charter. This is the code of conduct for the United Nations.
Official Start: The UN Charter went into effect on October 24, 1945.
The adoption of a universal human rights instrument was a crucial next step following the state’s collective commitment to promote international peace, security, cooperation, and respect for everyone’s fundamental freedoms and rights. This was because the Charter did not fully specify the rights and freedoms it sought to protect.
Despite not being legally enforceable, the Declaration remains one of the most significant human rights documents in history. It served as the paradigm for other legally binding treaties, national constitutions, and regional human rights documents, and it solidly established the universal principle that all people are born free and equal in dignity and rights. The Universal Declaration of Human Rights states that all people are born free and equal in dignity and have the fundamental rights to life, liberty, and personal security. Furthermore, the Universal Declaration of Human Rights requires nondiscriminatory protection and equality before the law[5]. The contemporary international human rights framework began with the adoption of the Universal Declaration of Human Rights.
GROWTH OF INTERNATIONAL HUMAN RIGHTS LAW
Following the adoption of the Universal Declaration of Human Rights, international human rights law continues to evolve through the ratification of legally binding treaties and conventions. These treaties enhanced the protection of fundamental rights and imposed legal obligations on governments to uphold, defend, and fulfill human rights. Together, they transformed the principles of the Universal Declaration into legally enforceable standards under international law.
GLOBAL COVENANT ON POLITICAL AND CIVIL RIGHTS.
The International Covenant on Civil and Political Rights was ratified in 1976 after being adopted in 1966. Basic civil and political rights are protected, including the right to life, equality before the law, freedom of speech, freedom of religion, and participation in public affairs. The Covenant requires State Parties to respect and defend these rights without discrimination, including discrimination based on sex. By recognizing that men and women have equal access to civil and political rights, the ICCPR strengthened the international legal framework for gender equality.[6].
ECONOMIC, SOCIAL, AND CULTURAL RIGHTS INTERNATIONAL COVENANT.
The rights to work, health care, social security, and a respectable standard of life are safeguarded by the International Covenant on Economic, Social, and Cultural Rights, which was ratified concurrently with the ICCPR. States must make every effort to progressively implement these rights. The Covenant is particularly significant in furthering women’s rights since it seeks to eliminate barriers that prevent women from having equal access to economic, social, and cultural opportunities[7].
CONVENTION ON THE PROHIBITION OF DISCRIMINATION AGAIST WOMEN IN ALL ITS FORMS
An important turning point in the development of international human rights was the adoption of the Convention on the Elimination of All Forms of Discrimination Against Women in 1979. Discrimination against women in the social, cultural, political, economic, and family domains is the main subject of CEDAW, often known as the global bill of rights for women. States Parties must enact the required legislative, administrative, and policy measures to eradicate discrimination and promote substantive equality between men and women. The treaty continues to be one of the most important global instruments for advancing women’s human rights[8].
APPROACH TO THE AFRICAN CHARTER ON THE RIGHTS OF AFRICAN WOMEN (MAPUTO PROTOCOL)
The protection of women’s rights within the African regional human rights framework was strengthened by the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa. Adopted in 2003, the Protocol safeguards women’s rights against harmful cultural practices and abuse, including equality, dignity, participation in public and political life, reproductive health, education, and safety. It reiterates how committed South Africa and other African countries are to advancing gender equality and protecting women’s human rights across the continent[9].
When considered collectively, these international institutions demonstrate that the protection of women’s rights is now an essential component of international human rights legislation. One example of how their principles have influenced national legal systems is the South African constitution, which provides extensive protection for equality, dignity, and freedom from discrimination.
FEMINIST EVOLUTION
It is equally important to consider the history of feminism after examining the evolution of international human rights law. Even while feminism predates many modern international human rights accords, both have developed alongside one another in the pursuit of justice, equality, and dignity. It is necessary to comprehend feminism’s historical evolution in order to analyze its relationship to international human rights law.
FIRST – WAVE FEMINISM
The primary objective of the first wave of feminism, which emerged in the late 19th and early 20th centuries, was to secure legal and political equality for women. The movement challenged laws that denied women fundamental rights, including the capacity to vote, own property, pursue an education, and participate in public life. One major achievement of the first wave was the women’s suffrage movement, which granted women the right to vote in many countries[10]. The movement established the groundwork for later feminist initiatives and made a substantial contribution to the acknowledgment of women’s rights as human rights, despite its primary focus being on legal reforms.
SECOND – WAVE FEMINISM
The 1960s and 1970s saw the emergence of the second wave of feminism, which addressed social, political, and economic discrimination in addition to legal equality. It promoted reproductive rights, equitable pay, protection from sexual harassment and domestic abuse, and increased female involvement in the workforce and in schools. Despite its focus on legal reforms, the movement laid the foundation for later feminist movements and significantly contributed to the recognition of women’s rights as human rights.
THIRD-WAVE FEMINISM
The third wave of feminism developed in the 1990s and broadened the feminist movement by recognizing that women’s experiences of discrimination differ depending on factors like race, ethnicity, class, sexual orientation, and disability. It questioned traditional gender stereotypes, promoted intersectionality, and fought for a more inclusive understanding of women’s rights. This wave reinforced the notion that human rights protections must take into account the diverse realities of all women.
FOURTH- WAVE FEMINISM
The fourth wave of feminism, which emerged in the early 2010s, is characterized by its use of digital platforms and social media to advance gender equality. It focuses on stopping sexual harassment, gender-based violence, online abuse, and discrimination while promoting accountability through global movements like #MeToo This wave continues to reinforce the idea that women’s rights are fundamental human rights and calls for stricter enforcement of existing legal protections.
Together, the four feminist movements have significantly improved women’s rights by opposing social, political, legal, and economic inequities. Their efforts resulted to important legislation changes, increased awareness of gender equality, and influenced the development of international human rights norms. In response to the expanding feminist movement, the international community passed legislation specifically intended to protect and promote women’s rights. The section that follows looks at the global legal framework that has been created to defend women’s rights and advance gender equality.
UNIVERSAL HUMAN RIGHTS DECLARATION
The Universal Declaration of Human Rights recognizes that all persons are born free and equal in dignity and rights and states that everyone is entitled to the freedoms and rights described in the Declaration without distinction, including based on sex. Despite not being legally required, the Declaration has had a significant influence on the protection of women’s rights and serves as the normative foundation of modern international human rights law.
CIVIL AND POLITICAL RIGHTS INTERNATIONAL COVENANT
The ICCPR guarantees civil and political rights, such as equality before the law, freedom of speech, and participation in public affairs. By mandating that states defend these rights without discrimination based on sex, it enhances women’s legal protection[11].
INTERNATIONAL COVENANT ON ECONOMICS, SOCIAL, AND CULTURAL RIGHTS.
The ICESCR protects the rights to work, healthcare, education, and a decent standard of living. It mandates that states guarantee equal access to these rights for men and women[12].
CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN
A convention aimed at eradicating all forms of discrimination against women.
CEDAW is the primary international accord concerning women’s rights. It requires states to eliminate discrimination against women in areas such as education, employment, healthcare, political participation, and family life while promoting substantive equality[13].
PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLE’S RIGHTS ON THE RIGHTS OF WOMEN IN AFRICA.
By putting legally binding requirements on African States to end discrimination against women and defend their rights, the Maputo Protocol enhances the continent’s human rights framework. It strengthens regional protection of women’s human rights by guaranteeing equality, dignity, reproductive health rights, protection from violence, and equal participation in social, political, and economic life[14].
The idea that women’s rights are an integral part of international human rights law is reinforced by these instruments, which together create a comprehensive legal framework that requires States to eradicate discrimination against women and advance substantive gender equality.
CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1996.
The Constitution serves as the cornerstone for the defense and advancement of women’s rights and is the ultimate law of South Africa. Everybody is guaranteed fundamental rights under the Bill of Rights, which mandates that the State upholds, defends, advances, and fulfils those rights. In line with international human rights norms, South Africa’s dedication to equality and human dignity is also reflected in the Constitution[15].
EQUALITY CLAUSE (SECTION 9)
In addition to guaranteeing the right to equality, Section 9 forbids unjust discrimination based on sex, gender, pregnancy, or marital status by the State or any individual[16]. Additionally, it recognizes substantive equality rather than just legal equality by authorizing legislation and other measures intended to protect or advance those who are disadvantaged by unfair discrimination.
HUMAN DIGNITY (SECTION 10)
Everyone has intrinsic dignity and the right to have that dignity upheld and safeguarded, according to Section 10[17]. This clause is essential to the defense of women’s rights because it serves as the foundation for legislative actions meant to stop discrimination, gender-based violence, and other behaviors that threaten women’s equality and autonomy.
PROMOTION OF EQUALITY AND PREVENTION OF UNFAIR DISCRIMINATION ACT4 OF 2000.
Section 9 of the Constitution is put into effect by the Promotion of Equality and Prevention of Unfair Discrimination Act, which forbids hate speech, harassment, and unfair discrimination. It encourages substantive equality and offers victims of discrimination—including discrimination based on gender and sex—legal redress[18].
DOMESTIC VIOLENCE ACT 116 OF 1998
The Domestic Violence Act gives victims of domestic abuse legal protection by allowing courts to grant protection orders and requiring law enforcement agencies to take appropriate action when domestic abuse occurs[19]. When taken as a whole, these constitutional clauses and legislative initiatives show South Africa’s dedication to defending women’s rights through a legal system that upholds the equality, dignity, and freedom of the constitution as well as international human rights norms.
IS ANTI-FEMINISM ANTI-HUMAN RIGHTS?
A major legal concern is raised by the connection between anti-feminism and human rights. Feminism’s main goal is the expansion and defense of women’s rights, even if it is frequently seen as a social and political movement. Women’s rights are acknowledged as fundamental human rights by both domestic and international legal frameworks. Therefore, this section investigates whether opposition to feminism is consistent with the legal precepts of nondiscrimination, equality, and dignity.
DOES OPPOSITION TO FEMINISM UNDERMINE GENDER EQUALITY?
Yes. Because gender equality is a legally required need under both local and international law, opposition to feminism hinders gender equality.
One of the cornerstones of international human rights law is equality. The Universal Declaration of Human Rights’ Articles 1 and 2 forbid discriminations, including sex-based discrimination, and acknowledge that all people are born free and equal in dignity and rights. States Parties are required by Articles 2 and 3 of the ICCPR and ICESCR to guarantee that men and women enjoy their rights equally. CEDAW goes one step further by mandating that states enact laws and take other necessary steps to end discrimination against women. In a similar vein, the South African Constitution’s section 9 forbids unjust discrimination based on gender and sex and ensures equality.
Throughout history, the feminist movement has fought against discriminatory laws and practices that prevented women from participating equally in social, political, and economic spheres. Therefore, opposition to feminism that aims to maintain or defend unfair treatment clashes with legal requirements for substantive equality.
Therefore, by opposing the application of legal principles that both domestic and international law require States to respect, hostility to feminism hampers the achievement of gender equality.
WHAT DO INTERNATIONAL HUMAN RIGHTS PRINCIPLES SUGGEST?
The goals of feminism are firmly supported by international human rights principles, which call for the defense, advancement, and realization of women’s rights.
The fundamental tenets of international human rights legislation are equality, dignity, nondiscrimination, and equal worth of all people. The Maputo Protocol, the ICCPR, the ICESCR, CEDAW, and the Universal Declaration of Human Rights all contain references to these ideas. When taken as a whole, these agreements acknowledge that women have the right to fully enjoy all human rights and require states to remove any obstacles that impede women from exercising those rights in an equitable manner.
Feminism’s goals are similar to these legal requirements. Equal access to healthcare, work, education, political engagement, safety from violence, and equal treatment under the law are all promoted by feminism. Both South African legislation and international human rights instruments specifically safeguard these rights. As a result, rather than contradicting feminism’s goals, the legal precepts that underpin international human rights law support them.
Therefore, international human rights legislation offers legal legitimacy for the promotion of women’s rights and supports the main goals of feminism.
CONCLUSION
By examining the historical development of feminism, the evolution of international human rights law, the domestic and international legal framework protecting women’s rights, and the relationship between feminism and human rights principles, this article investigated whether anti-feminism can be considered anti-human rights. The research shows that the core goals of feminism are to guarantee women’s equality, dignity, and freedom from discrimination—rights that are specifically acknowledged and safeguarded by both international and South African legislation.
Examining documents like the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social, and Cultural Rights, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, and the Constitution of the Republic of South Africa, 1996, shows that protecting women’s rights is a recognized legal requirement rather than a matter of political preference. Together, these legal tools mandate that states abolish discrimination and advance substantive gender equality.
This article concludes that anti-feminism is incompatible with core human rights principles because it rejects or attempts to undermine the equality, dignity, and freedoms that feminism promotes and that are guaranteed to women by both domestic and international law. Therefore, anti-feminism is in opposition to the full realization of human rights to the extent that it opposes the advancement and legal protection of women’s rights. Women are entitled to human rights because they are human beings. This article concludes that anti-feminism is incompatible with human rights principles when it rejects or attempts to undermine the equality, dignity, and freedoms guaranteed to women under international and domestic law. As a result, opposition to the protection of those rights cannot be separated from opposition to human rights themselves.
BIBLIOGRAPHY
Books
Feminism Is for Everybody (South End Press 2000).
International Instruments
Universal Declaration of Human Rights (adopted 10 December 1948 UNGA Res 217 A (III)).
International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171.
International Covenant on Economic, Social and Cultural Rights (adopted 16 December 1966, entered into force 3 January 1976) 993 UNTS 3.
Convention on the Elimination of All Forms of Discrimination against Women (adopted 18 December 1979, entered into force 3 September 1981) 1249 UNTS 13.
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (adopted 11 July 2003, entered into force 25 November 2005).
South African Legislation
Constitution of the Republic of South Africa, 1996.
Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000.
Domestic Violence Act 116 of 1998.
Reports and Online Sources
Amnesty International, Women’s Rights.
United Nations, Fourth World Conference on Women, Beijing Declaration and Platform for Action (1995).
Office of the United Nations High Commissioner for Human Rights, Human Rights.
Martha Rampton, Four Waves of Feminism (Pacific University Oregon, 2015).
Image
Colin Lloyd, Hillary Rodham Clinton at the Fourth World Conference on Women, Beijing (1995).
[1] UNITED NATIONS FOURTH WORLD CONFERENCE ON WOMEN.
[2] BELL HOOKS ‘FEMINISM IS FOR EVERYBODY’
[3] WOMEN’S RIGHTS – AMNESTY INTERNATIONAL
[4] History and Evolution of Human rights
[5] UNIVERSAL DECLARATION OF HUMAN RIGHTS.
[6] International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171.
[7] International Covenant on Economic, Social and Cultural Rights (adopted 16 December 1966, entered into force 3 January 1976) 993 UNTS 3.
[8] Convention on the Elimination of All Forms of Discrimination against Women (adopted 18 December 1979, entered into force 3 September 1981) 1249 UNTS 13.
[9] Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (adopted 11 July 2003, entered into force 25 November 2005) CAB/LEG/66.6.
[10] Maggie Humm, The Dictionary of Feminist Theory (2nd edn, Harvester Wheatsheaf 1995).
[11] International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171 arts 2–3.
[12] International Covenant on Economic, Social and Cultural Rights (adopted 16 December 1966, entered into force 3 January 1976) 993 UNTS 3 arts 2–3.
[13] Convention on the Elimination of All Forms of Discrimination against Women (adopted 18 December 1979, entered into force 3 September 1981) 1249 UNTS 13 arts 1–3.
[14] Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (adopted 11 July 2003, entered into force 25 November 2005) arts 2–5, 9, 14.
[15] Constitution of the Republic of South Africa, 1996 ss 2, 7.
[16] Constitution of the Republic of South Africa, 1996 s 9.
[17] Constitution of the Republic of South Africa, 1996 s 10.
[18] Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 ss 2–4
[19] Domestic Violence Act 116 of 1998 ss 2–5.
