'Gender' wars at the United Nations.

• Jurisdiction: United States
• Author: Adolphe, Jane
• Date: 22 September 2012

INTRODUCTION

His Eminence Ennio Antonelli's Address to participants of this conference quotes Pope Benedict XVI in stating: "Human rights are increasingly being presented as the common language and the ethical substratum of international relations." (1) For this very reason, scholars from various disciplines have gathered to study the foundation of human rights, in particular Catholic contributions, with a view to promoting authentic human rights. In this regard, Cardinal Antonelli draws our attention to the 1948 Universal Declaration of Human Rights ("UDHR") emphasizing the fact that, "although the UDHR makes no mention of God, it illustrates a 'great convergence between the Declaration and Christian anthropology and ethics' and offers a 'meeting' point for dialogue, as well as a necessary reference for integral human development and peace." (2) Indeed, the UDHR is essential for a more Catholic-inspired vision of international human rights law, and should especially be included as part of the response to sorting out current discussions about troublesome terminology. Elsewhere, (3) I have fleshed out how and why the UDHR embodies a universal and objective notion of the human person and promotes rights as well as duties "based on the natural law inscribed on human hearts and present in different cultures and civilizations." (4) Therefore, it is beyond the scope of this Article to revisit this thesis as an answer to the problems I raise for discussion today.

Rather, the purpose of this Article is to explore the controversy surrounding the meaning of the term "gender" within the United Nations ("U.N.") system, with a view toward developing a context for those scholars who may be unfamiliar with how human rights are discussed and debated on the international level. The gender debate is related to ongoing discussions about, on the one hand, "sexual orientation" and "gender identity," (5) and on the other hand, "sexuality education." (6) However, due to time constraints, a discussion of these latter terms will be left for another day. In specific regard to gender, this Article argues that, notwithstanding lobbying efforts to promote a radical understanding of "gender," a historical review of U.N. initiatives for women reveals that the term "gender" is commonly used as a synonym for women and/or male and female. The majority of State Parties, in negotiated documents, have consistently rejected the radical feminist concept of "gender" as a social construct "based on world views which assert that sexual identity can be adapted indefinitely to suit new and different purposes." (7)

To flesh out this thesis, this Article will be divided into two Parts. Part I will give a brief historical overview of initiatives for women in the U.N. system and analyze the various attempts to integrate the term "gender" into different U.N. documents. Part II will consider four possible understandings of the concept of gender within the U.N. system: (1) gender as a social construct; (2) gender as a cultural aspect of femininity and masculinity, but based on the biological sexes, male and female; (3) gender as synonymous with women and sex, or women and children; and (4) gender meaning the two sexes, male and female, within the context of society. This last definition constitutes the only definition in international law that binds State Parties that have signed and ratified the Statute of the International Criminal Court. (8)

1. AN OVERVIEW OF U.N. INITIATIVES REGARDING WOMEN

   1. The Period: 1945 to 1962

      The 1945 Charter of the United Nations is considered the first global treaty to call for "equality between women and men." (9) The Charter reaffirms a "faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small." (10) The United Nations places "no restrictions on the eligibility of men and women to participate in any capacity and under conditions of equality in its principal and subsidiary organs." (11) The General Assembly, one of the U.N.'s six principal organs, promotes "international co-operation" in various fields in the realization of human rights "for all without distinction as to race, sex, language, or religion." (12) Similar wording is used to describe the obligations of Economic and Social Council ("ECOSOC"), another principal organ of the U.N., which is charged with promoting universal respect for human rights. (13)

      From 1945 to 1962, the emphasis was focused on legal or formal equality, or, in other words, non-discrimination on the basis of sex fully enshrined in national and international laws. In this regard, the work of the Commission on the Status of Women ("CSW") (14) is noteworthy. Established in 1946, and under the authority of ECOSOC, it contributed to the drafting of the 1948 UDHR, the foundational document for the modern human rights movement. CSW also collected data, networked with other U.N. organizations, and promoted the drafting of conventions on various issues (e.g., human trafficking, prostitution, equal work, equal pay, political rights, employment discrimination, and marriage, as regards consent, age, and registration). (15)

      The phenomenon of decolonization was also important during this period. In 1956, a growing number of States began making a "transition from colonial to authoritarian governance to independent entities with democratic aspirations," and many new States, often referred to as developing nations, were admitted to the United Nations. (16) In turn, international development agencies adopted a "welfare approach" to assist women in developing countries, whereby women were viewed as recipients of aid, and important contributors to economic development as mothers and care givers (17) The programmes, also referred to as "mother-child initiatives," (18) targeted nutrition and hygiene for women and children. Then, in the 1960's, when concerns were raised about "rapid population growth," family planning programmes were established to educate "women on contraceptive use," considered at that time the "best way to limit family size." (19) The population control agenda was and remains a controversial topic to this very day, and is "categorically opposed by many nations," including those strongly influenced by Catholicism and Islam. (20)

   2. The Period: 1963 to 1975

      During 1963 to 1975, laws alone were deemed insufficient. The priority moved to substantive equality with a focus on women's active contribution in "national-building and socio-economic development," in cooperation with international development agencies and States. (21) The international women's rights movement rallied around the issue of development as a common agenda, which it referred to as "Women in Development" ("WID"). (22) In specific regard to economics and development, the central argument was that women, in particular, as opposed to the family unit per se, were highly productive members of society and should not be ignored. (23) The WID strategy concentrated on "women-only" projects, (24) as opposed to those targeting the family as a whole. For example, the General Assembly designated 1975 the "International Women's Year," (25) and the period from 1976 to 1985 as the "International Decade for Women." (26) In addition, the first World Conference on Women was convened in Mexico to coincide with the 1975 International Women's Year. (27) It reminded the global community about the continuing problem of discrimination against women on the basis of sex. (28) The Conference adopted a World Plan of Action with guidelines for the Implementation of the Objectives of the International Women's Year and mandated the drafting of a Convention on the Elimination of Discrimination Against Women ("CEDAW"). (29)

   3. The Period: 1976 to 1985

      The period from 1976 to 1985 was devoted to the "UN Decade for Women: Equality, Development and Peace," (30) and marked a new era in promoting women. During this period, women's full and equal participation was promoted as essential for development itself, and for "the well-being of everyone." (31) Women were being promoted as full and equal partners with men, having equal rights to opportunities and resources: (32) the mantra became "development is not only good for women and society, but impossible without them." In 1979 CEDAW was adopted by the General Assembly, and entered into force in 1981. (33) It was promoted as a significant development in the human rights arena because it prohibited "sex" discrimination on the basis of "equality of men and women." (34) Moreover, it obliged State Parties to take all appropriate measures "to ensure the full development and advancement of women," in order to guarantee their human rights "on a basis of equality with men." (35) It also pointed "to specific prejudices, customary practices, and stereotyped roles of men and women as things to be eliminated by state parties." (36) In addition, a Committee was established to monitor implementation at the national level, and make (non-binding) recommendations to State Parties. (37) Both the Convention and the work of the Committee have been the subjects of much criticism. (38)

      In 1980, another global conference on women was held at Copenhagen, where States gathered for a mid-decade review of the "UN Decade on Women: Equality, Development and Peace." (39) Five years later in Nairobi, (40) the Conference reviewed and appraised the U.N. Decade for Women as a whole, and established a blueprint for future strategies outlining guidelines for implementing women's equality, with reference to "gender." (41) The women's movement credits the Conference at Nairobi for having translated new "theoretical underpinnings ... into a concrete plan of action." (42) According to gender or radical feminists, it launched the term gender as referring to social construct under the umbrella approach "Gender and Development" ("GAD").43 However, this assertion...