Considering the ERA

by Pam Zuber

a photo of Alice Paul sewing the Suffrage flag
Alice Paul and the Suffrage flag. Source: Public domain

“Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.”

Twenty-four words that may mean so much. The above words are the text of the proposed Equal Rights Amendment. Long discussed, the U.S. Congress passed the Equal Rights Amendment (ERA) in 1972 but it has stalled since then. Not enough states have ratified this proposal to make it an amendment to the U.S. Constitution. As a basis of comparison, on the international level, the United Nations (UN) sponsors the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The UN body adopted this convention five years after it was written. Do these differing timelines indicate different perspectives on women’s rights?

What’s the history of the ERA?

The ERA’s journey has indeed been long. Suffragist and feminist Alice Paul, who was instrumental in adding the Nineteenth Amendment to the U.S. Constitution that gave American women the vote, proposed a version of the ERA as early as 1923:

“Men and women shall have equal rights throughout the United States and every place subject to its jurisdiction.”

Feminists proposed this amendment to the U.S. Congress several times, although it did not pass. In 1943, Paul and her supporters revised the language of this proposal and pitched it to the U.S. Congress several times. Spurred by gains in the civil rights movement and the work of the National Organization for Women (NOW) and other second-wave feminists, the proposal began to garner more support. Such support was from U.S. first ladies, presidents, various politicians, and other prominent people as well as much of the American public. The proposal also generated equally prominent criticism that contributed to its undoing. Conservative activists such as Phyllis Schlafly decried the ERA as unfeminine and threatening to the social order.

After passing the U.S. Congress, thirty-eight states needed to ratify the proposal by 1979 to make it a constitutional amendment. Legislators extended the deadline to 1982, but it didn’t help since only thirty-five states ratified the ERA by that date. Nevada and Illinois ratified the amendment in the 2000s, but Congress would have to pass legislation that extends the deadline to recognize the latest two ratifications. If this deadline is approved and if one more U.S. state approves the deadline, thirty-eight states will have ratified the amendment, although some states have rescinded their previous approval of the ERA. These rescissions make a complicated matter even more complicated.

Betty Ford and Rosalynn Carter ERA
Betty Ford and Rosalynn Carter ERA. Source: Public Domain

What could the ERA do?

If the ERA becomes an amendment on the U.S. Constitution, it could mean so much. On a very basic level, the amendment would be a formal, written statement of rights. While the U.S. Declaration of Independence states that all people are created equal and the Constitution makes it illegal to “deprive any person of life, liberty, or property, without due process of law,” various authorities have not followed these directives. They capitalized on the vague nature of the language in those documents to create circumventing loopholes or ignored the language entirely.

By addressing the rights of women directly, the ERA is more specific. The U.S. Supreme Court and lower courts could judge individual cases based on this amendment. Legislative bodies could make laws using this amendment as a guide. The ERA could create precedents to follow or to dispute, precedents that would not be subject to the whims of the political considerations of presidential administrations or legislative bodies such as the U.S. Congress or U.S. Senate. Adding the ERA to the Constitution codifies rights for women, especially for women who work in government. It could help define their rights and assist them if they have grievances. It could help them secure better pay to close the wage gap, promote fairer conditions in the workplace, and help women find equality and attain opportunity in general. As a precedent, the ERA could serve as a model for other federal, state, and local laws to grant and protect women’s rights.

What’s the history of the CEDAW and what does it do?

Women’s rights are also a primary interest of the United Nations’ Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). According to its text, governments that adhere to this convention must “commit themselves to undertake a series of measures to end discrimination against women in all forms, including

  • to incorporate the principle of equality of men and women in their legal system, abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination against women;
  • to establish tribunals and other public institutions to ensure the effective protection of women against discrimination; and
  • to ensure the elimination of all acts of discrimination against women by persons, organizations or enterprises.”

Compared to the long, arduous journey of the ERA, the passage of the CEDAW was considerably quicker and less complicated. Working groups of the UN’s Commission on the Status of Women (CSW) created the text for the CEDAW in 1976. The General Assembly adopted it by a vote of 130 to zero in 1979. After the ratification of twenty member states, it became a convention in 1981. According to the UN, this passage occurred “faster than any previous human rights convention.” One notable country that hasn’t ratified the CEDAW is the United States. U.S. critics of the commission say that such international agreements threaten the sovereignty of the United States. Given the stalled progress of other pro-women initiatives such as the ERA in the country, this failure is disheartening but perhaps not that surprising.

Why isn’t the ERA the law?

While international organizations and governments CEDAW were able to draft, approve, and agree to the conditions of CEDAW (although they haven’t always abided by such conditions), the passage of the ERA continues to stall and generate debate. Why? Some people say that women don’t need the ERA. According to this perspective, U.S. women already have the Fourteenth Amendment to the Constitution and other laws, such as Title IX of the Education Amendments Act of 1972, to protect their civil rights. Others vehemently disagreed that the Fourteenth Amendment covers women’s rights, notably late U.S. Supreme Court Justice Antonin Scalia.

Current laws are inadequate to provide equal rights, say some scholars. Legal scholar and professor Catharine A. MacKinnon observed, “If we’re sexually assaulted if it isn’t within the scope of Title VII as it understands an employment relationship or Title IX in education, we don’t have any equality rights.” The ERA may help provide such rights. Given the current political climate, it is not surprising that the ERA has not passed. In fact, it seems amazing that Nevada and Illinois have ratified the ERA at all. Ideological impasses have prevented other types of political action in recent years. For instance, in 2016, members of the Republican Party refused to host hearings on whether Merrick Garland was suited to serve on the U.S. Supreme Court because Garland was a nominee of President Barack Obama, a member of the Democratic Party. Since the results of 2018 elections meant that the Democrats controlled the U.S. House of Representatives and the U.S. Senate remained in the hands of Republicans, will political deadlocks continue and possibly become even worse? Some people fear that the ERA would expand abortion and create other conditions less favorable to conservative values, so they may be loath to ratify the ERA on a state level or vote in favor of laws that extend the deadline for the ERA on a federal level. They should consider ratifying the ERA and extending its deadline. Measures such as the ERA provide legal protection.

With this legal protection, women would have the security of knowing that they have legal recourse to address any conflicts that arise. Even better, this protection may prevent conflicts from occurring in the first place. No document is perfect. But adding the Equal Rights Amendment to the U.S. Constitution provides rights, opportunities for growth and advancement, and peace of mind. Not bad for a mere twenty-four words.

Pamela Zuber is a writer and an editor who has written about human rights, health and wellness, gender, and business.

 

International Women’s Day: Continuing the Fight while Celebrating the Victories

a picture of Peruvian women in front of a mountain range
Peru. Women in the Colca valley. Source: Pedro Szekely, Creative Commons

Today is International Women’s Day. This year’s theme is “Think Equal, Build Smart, Innovate for Change.” In her context statement about the theme, UN Women Executive Director Phumzile Mlambo-Ngcuka states that the changing world continues to shape the lives of people and “we have to be intentional about its use to positively impact the lives of women and girls. [The theme] puts innovation at the centre of efforts to reflect the needs and viewpoints of women and girls and to resolve barriers to public services and opportunities.” Innovation highlights the game-changers and activists willing to “accelerate progress for gender equality, encourage investment in gender-responsive social systems, and build services and infrastructure that meet the needs of women and girls.” The goal of today is to celebrate the incredible achievements of women and girls who seek to overcome their marginalized status in their communities, level the representation across various academic disciplines and professional fields and undo the cycles of intersectional injustices to bring about a more equitable world.

History

What started as a response to a women’s labor strike in New York 1909 became an international movement to honor the rights of women and to garner support for universal women’s suffrage. In 1913-14, International Women’s Day was a tactic to protest World War I as a part of the peace movement. The UN adopted 8 March as the official date in 1975 during the International Year of Women. Gender equality and the empowerment of all women and girls is Sustainable Development Goal #5 in 2015.

Celebrating some game-changers and activists

The list below is not extensive. Its purpose is to assist you in your search to discover and know what women are doing and have done around the world.

Kiara Nirghin: Won Google Science Fair for creating an orange and avocado peel mixture to fight against drought conditions around the world. She will join Secretary-General António Guterres.

Elizabeth Hausler: Founder of BuildChange.org, an organization that trains builders, homeowners, and governments to build disaster-resistant homes in nations often affected by earthquakes and typhoons.

Jaha Dujureh: Founder of SafeHandsforGirls.org, an organization fighting to end child marriage and female genital mutilation (FGM).

BlackGirlsCode.com: A San Francisco based organization seeking to increase the number of girls from marginalized communities in STEM fields by 2040.

Shakhodat Teshebayeva: When the water crisis threatened her livelihood, she organized and mobilized a women’s group to advocate for a place for women at the discussion table regarding equal access to water.

Mila Rodriguez: Cultivates safe spaces for young people to use music to promote peace in Colombia.

Wangari Maathai: late Nobel Peace Prize Laureate from Kenya who initiated the GreenBeltMovement.org by planting trees for the cultivation of sustainable development and peace.

Next Einstein Forum: Continental STEM forum in Africa

Una Mulale: the only pediatric critical care doctor in Botswana who works to combine medicine and art to bring healing to the body and the soul.

The Ladypad Project

This coming week, Dr. Tina Kempin Reuter and Dr. Stacy Moak will take 12 UAB students to the Maasai Mara in Kenya. The team, in collaboration with the I See Maasai Development Initiative, will fund education on women’s health rights and provide 1500 girls with materials, including underwear and reusable pads, for menstrual hygiene management. The project was awarded a grant through Birmingham’s Independent Presbyterian Church Foundation.

Continuing the Fight

International Women’s Day is not only about celebrating the accomplishments of women and girls, but it is also about shining a light on the continuing injustices faced by more than half of the world’s population. From femicide and early marriage to FGM and sexual violence and exclusion from peace talks, gender inequity discounts the contribution of women and girls to the overall value of humanity. Kofi Annan, the late UN Secretary-General, posited that the empowerment of women proves more effective than any other tool for development. Noeleen Heyzer concludes that although there are women’s issues and rights still to be raised and respected, including those outlined in the Convention on the Elimination of All Forms of Discrimination Against Women, there are many that we must continue to protect. March is Women’s History Month and our contributors will write about issues that continue to impact the lives of women and girls around the world.

 

Protecting the Dishonored: The Jailing of Honor Crime Victims in Jordan

The silhouettes of a man and a hijabi woman face each other with a sunset behind them
We will stay forever. Source: Kamal Zharif Kamaludin, Creative Commons

“And the Oscar goes to, Mad Max! No.” The audience laughs as they await the announcement from host Louis C.K. for the winner of the 2016 Best Documentary Short. He pauses, then reads “A Girl in the River: The Price of Forgiveness, Sharmeen Obaid-Chinoy!” Applause erupts as Obaid-Chinoy makes her way to the stage, and during her brief acceptance speech she reveals that “Last week, the Pakistani Prime Minister has said that he will change the law on honor killing after watching this film. That is the power of film.” Another round of applause sweeps across the theater as the crowd cheers the progress made to end this extreme case of violence against women.

Obaid-Chinoy’s film focuses on eighteen-year-old Saba, a Pakistani girl who was the victim of an attempted honor killing, defined by the BBC as “the murder of a person accused of ‘bringing shame’ upon their family. Victims have been killed for refusing to enter a marriage, committing adultery or being in a relationship that displeased their relatives. In many instances, the crimes are committed by family members against a female relative.” Saba survived the encounter, and the resulting documentary chronicling her experience caught the attention of human rights activists around the world. Pressure from these groups was put on the Pakistani government to change the law allowing the perpetrators of honor crimes to avoid charges should the victim or relatives of the victim forgive them, and as of October 2016 the law was changed so that there are now mandatory prison sentences for those who commit an honor killing. However, this is not the case for every country, as other loopholes exist to protect the perpetrator while simultaneously punishing the victim.

Sharmeen Obaid-Chinoy smiles and poses with her newly won oscar.
Sharmeen Obaid-Chinoy. Source: Disney, Creative Commons

During my stay in Jordan, a second film on honor crimes caught my attention. Shown to the local community at the Abdul Hameed Shoman Foundation in downtown Amman, I sat with 50 other people as we watched If You Meant to Kill Me, a 2014 feature length documentary by Jordanian filmmaker Widad Shafakoj. Her film spotlights Jordanian women who are survivors of honor crimes but were detained in prison by the state “for their own protection” due to the lack of shelters serving victims in the community. These women would spend years inside their cell, released only after a family member signs a paper stating they would not harm her or until the guards arbitrarily decide to let her go. Once released, the women often have no money, no community connections, and no support to help them start again.

Jordanians who commit honor crimes face the threat of arrest in theory, but traditions and stigmas going back generations have created informal barriers to prevent the perpetrators from conviction. An honor crime is not committed by a single individual but instead multiple individuals, ranging from immediate family members to a group within the community. This poses a difficulty for police to convict participants because they must identify an entire social network. To counter this difficulty, they have adopted a second approach that only involves a single person: the female target/survivor. By putting the target/survivor in jail, it relieves the justice system of the stress of convicting an entire family or worrying about another crime being committed. The system also faces little backlash for this decision as the families of the women imprisoned accomplishes two tasks. Without advocates to help their case, the female target/survivor resorts to her families for a signature for release; thus, exposing herself to a future risk of violence.

Jordan is publicizing its work on improving other women’s issues inside of its borders, with some measured success. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted by the UN General Assembly in 1979, and ratified by Jordan in 1992 with the intention of allowing women to have equal rights under the law. However, Jordan still maintains two reservations to the document:

The first reservation is against Article 9, which states that women and men should be granted equal rights in transferring their nationality to their children. Currently, a child of a Jordanian man and a foreign woman can take Jordanian citizenship, but a child of a Jordanian woman and a foreign man cannot take Jordanian citizenship without a special identification card. The second reservation is against Article 16, which states “Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations.” Here is where the difficulty lies, for within a marriage the woman has far less legal power and is therefore tied to the relationship formally and informally, even when violence is introduced.

Freedom House, in 2010, reported that while “domestic abuse is a valid reason for initiating such a divorce, it is often very difficult for a woman to prove her case, because Shari‘a courts require the testimony of two male witnesses.” This poses a significant deterrent for victims to come forward as their own testimony will not be adequate in a court of law. They also risk forced imprisonment for their safety should they come forward, making the risk even less of an option. Besides acting to protect their own safety, the women also shoulder the burden of staying to protect their children. Freedom House reports that the father is the de facto guardian of his children, and while the mother may be able to leave with the children initially, should she remarry she would lose custody. This forces the mother into a position of staying in an abusive situation, where there is a threat of death, or leaving without the security of a second income source to support herself and her children.

A group of hijabi women cut a ribbon to open the new shelter.
Women for Afghan Women open a shelter in Badakhshan province. Source: State Dept, Creative Commons

With the outcry growing louder to find a better solution for these women instead of placing them in protective imprisonment, a small number of departments and shelters developments give an attempt at a solution. The Jordanian government created the Family Protection Department within the Public Security Directorate in 1997 to work specifically on cases of domestic violence and sexual assault; however, their focus is children in the family, instead of the women. In 1999, the Jordanian Women’s Union opened a shelter capable of housing 20 women. The Family Reconciliation Centre opened its first house for 50 women in 2007 and a second in 2009 for 80 women. A

Between the three current shelters, a maximum of 150 women can be protected in a non-prison environment, but with a population of 9.5 million as of 2016, the number of shelters are incredibly too small to adequately serve the women of Jordan. Even if women are gaining more rights to interact equally in the public sphere, the lack of safety for some women in the private sphere blocks them from participating in this progress.

The dedication of more resources is necessary to ensure the women in danger are properly cared for in a safe environment. Additionally, attention to convicting perpetrators is imperative; allowing the women to reenter society knowing they are not at risk for future harm. Freedom House does note that Jordan is taking steps to enact more punishments that are forceful: “stricter sentences are now issued for honour killings and a new specialized tribunal was set up by the Ministry of Justice in 2009 to hear such cases.” The arrests of those committing the acts must occur immediately to hasten the release of the victimized women presently held indefinitely within the Jordanian prison system.