Zbornik Pravnog Fakulteta Sveučilišta u Rijeci (Jan 2010)
ADDRESSING THE SEX/GENDER DIFFERENCE: AN INCLUSIVE APPROACH TO HUMAN RIGHTS
Abstract
Women’s experiences of human rights abuse have long been marginalised in international human rights law. The main human rights concepts such as personhood, equality and freedom have been defined on the basis of the experiences of men. Likewise, the main framework of international law, i.e. the public/private divide has been defined in a gendered (masculine) manner. Thus, the ideal of universality of human rights has not yet been achieved. This paper proposes a new approach to the interpretation of human rights with the view of resolving the problem of under-inclusiveness. Under the inclusive approach based on difference feminism theories, greater attention should be paid to sex/gender difference, while efforts should be made to remove disadvantages attached to difference. Hence, the ‘woman question’ should be posed by re-conceptualising and re-interpreting human rights concepts, i.e. the subject, equality and freedom in a manner that recognises gender (and other) difference. Furthermore, the boundaries of the public/private divide would be shifted and gender-based violence, reproductive self-determination and women’s economic disadvantage finally placed on the human rights agenda.
