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% Allison Fabian completed

Sally Engle Merry describes the subjective “self” as constantly changing and evolving. We hold multiple different identities at any given moment, and sometimes those identities conflict. Human life is a process of trying on and keeping or shedding different subjectivities. The ability for a woman to take action against an abusive spouse, and to even consider taking on a new legal subjectivity, as an individual with rights, shows that there has been a shift in the way we look at the public and private spheres, and masculinity. However, the way the attempts at this rights-based subjectivity plays out makes evident how far we still have to go in terms of equality. Taking on a legal subjectivity, where the source of her identity is the state, is a big shift for a woman. It will likely be in conflict with powerful subjectivities that are supported by her family and community, for example mother.

Merry describes the way the legal system produces subjectivities as being similar to the way Judith Butler describes gender – it’s the performance that creates it. The interaction with the law creates new modes of power, which produces new subjectivities. I’m frankly having trouble finding the words to explain what Merry was saying here, but I think I understand it. The law produces the the subject, but then it is through the interaction with the law that that subjectivity is confirmed, is I believe what she is getting at.

Merry brings up gender because gender plays so strongly into a person’s legal subjectivity. Gender effects the way a person is treated when calling on law enforcement for help, and as Merry has proven through her study, interactions from that moment forward shape a woman’s subjectivity legal identity as a rights-bearing person. The way law enforcement speaks to her, how seriously her claim is taken, punishment for the offender, whether or not the offender is arrested, all of these things impact the woman’s ability to accept the new subjectivity. Unfortunately gender plays an even stronger role, a woman is not truly a victim in the eyes of the law unless she is practically a perfect person. She can never have done drugs, fought back, or endangered her children in any way. The taking on of the new legal subjectivity also generates a lot of pushback typically, not just from law enforcement but from people in her personal life, especially the man who’s power is challenged.

 

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% Shatorra Harris completed

In the article “Rights Talk and the Experience of Law” Sally Merry argues that rights are adopted by their identity mostly gender identity. “Gender is an identity which is performatively constituted by expressions” (351). Each gender rights can also be identified by encounters with the police, courts, judges and etc. she talks heavily about battered women and how they should speak up about their violent relationships to receive help. The human rights movement depends on the government to comply with the victims to advocate for the right to help these batter women. The battered women movement relies on criminal justice that encourage women to see their violations as a form of a crime and seek help from the legal system. But some battered women are slow to take action because they are scared of what might happen with their husbands. They are afraid that their husbands may kill them if they take them to court. So women are so afraid that they may back down and drop all charges or they may not want to testify against their husbands. They also fear the shift in subjectivity in the law. They may be called or seen differently by the law. By taking in these rights requires an identity change between both partners. The women will been seen as self protected by the state and the man will be seen as a criminal and controlled by the state.

All of the interactions with law can take on a new identity and sometimes favor the gender. A male police officer may fail to arrest a man for abuse because he may not think batter is something serious. This may discourage women of feeling like they have any rights. So the women must assert themselves so they can have some rights and not just be seen as battered women. There was an increase in cases of men beating on their wives which lead to an increase in seeking help from the law. Women that have been batter came together to help one another and develop a shelter to supper battered women.

Women taking actions by going to the law is being looked at as an exploration. Trying the system and hoping it won’t fail them. By going to the law these women must know the risks; a hostile and angry partner, and it Amy challenge the mans masculinity. When a women calls the police or press’s charges it opposes the power of his masculinity. These women are conflicted by using their rights to come forward about their violations or keeping their mouth shut and being a good wife. Unfortunately they can’t do both.

Some the the women Merry interviewed reported fears and anxieties about going to the courts. Some experienced hesitation for a long time before they went to court. After some women went to court they found the legal system supportive. When these women went to court they slowly stated to their dignity back and feel proud.

The men also was interviewed and they expressed that they felt angry and humiliated. Some felt that it was only one sided and everyone in the court was in the women side. Some wanted to know after so long of abuse their wives wanted to speak up now and that their behavior was not serious at all. Others found it to be life changing and very helpful they started to support their wives.

I think Merry means that identity can be produced through the legal system. For men they can been seen as being humiliated and a criminal. And for women they can been seen as a source of the humiliation and a battered women.

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% Gabrielle Gallo completed

In “Rights Talk and the Experience of Law: Implementing Women’s Human Rights to Protection from Violence”, Sally Engle Merry examines how one begins to see their problems within the framework of human rights. Focusing on gender-based violence in romantic and familial relationships, Merry and her assistants interview a number of women and men on their experiences with law enforcement, the judicial system, and advocacy groups to illustrate how these interactions bring awareness, or does not, to their consciousness of human rights and their understanding of how rights are applicable to the violence they have experienced (or perpetrated).

 

The interviews take place in Hilo Hawai’i in the early 1990s, across a broad range of ethnicities but mostly within a lower rung of economic class. They find that the interactions with law enforcement and the judicial system greatly affect the victims’ ability to look at their selves and their situations through the lens of human rights. For example, in many cases, the police officers responding to domestic violence cases were either chummy with the attacker or dismissed the women’s complaints. The result was the woman believing that they were not entitled to protection. On the other hand, many of the judges in the examples given were supportive of the women, resulting in the women developing a sense of self which acknowledged that they were due protection under the umbrella of human rights.

 

While the above may seem like common sense – it seems evident to me that one’s interactions with law enforcement and the judicial system will affect how one views themselves in relation to the law and rights – Merry’s research and essay is quite interesting, as it is yet another example of the public versus private sphere and how the division affects the rights of women. Merry speaks to the women developing a new sense of self, one that is not necessarily defined by their relationships with their partners or families, rather one that is defined as a subject of the state, one that is owed protection. This transition moves the conversation around gender-based violence in the home from the private domain into the public domain, allowing not only visibility but protection.

 

Merry does touch on the economics of both the victims and the attackers throughout her paper and spends a small paragraph on how those with the resources have different experiences. It would be interesting to investigate this further. On the one hand, one may think that having additional resources would allow victims easier access to lawyers and assistance. On the other, Merry makes a point of recognizing that many of these cases remain private due to the financial resources on both sides. Given that the consciousness of rights is tied to the private/public sphere division, it would be rather interesting to further investigate the impact of keeping these cases private has on the women’s ability to view their situation through the lens of human rights.

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% Toni Mitchell completed

Toni Mitchell

Assign 9

The history of rights shows that the struggle for the recognition of women’s rights was difficult enough and the recognition of the right of women to a life without gender violence has been even more difficult. With a perspective based in a socio-legal and critical approach, Sally Engle Merry defends the recognition of the right of women to a life free of gender violence must be seen as a conquest of the feminist movement and women’s organizations.  It was the struggle of the feminist movement which provided the catalyst for the recognition of women’s rights and the specific right of women to a ‘healthy’ life free of gender violence and to protection against such violence. The right of women to a life free from gender-based violence cannot be fully realized without the implementation of this right at the international and the local level. The implementation of rights and the existence of social movements involved with the right to a life free from gender violence is decisive to transforms the demands for protection from violence and its eradication to be see not as a question of mercy, but as a question of justice; and putting the individual experiences of gender violence victims within a wider framework from which the abuse can be considered as a social problem.

Throughout the article,“Rights Talk and the experience of Law: Implementing Women’s Human Rights to Protection from Violence” , Merry interviews a number women known to society as a victim of domestic violence. She uses the issues concerning the bettering of women to model the way law acts to change social behavior. she examines examines various forms of intervention which have been developed in the US and globally for diminishing violence against women. She further discusses how they have globalized, focusing in particular on the role of the international human rights movement in defining gender-based violence as a human rights abuse.

From my point of view, those wishing to make a human rights claim on a violation of  reproductive rights, must use the terminology of other mainstream rights to do so. although this may appear as something difficult for a woman to do, Merry argues that “Human rights are difficult for individuals to adopt as a self-definition in the absence of institutions that will take these rights seriously.” Another thing that caught my attention is the usage of  the term victim. Why is it that when authorities are involved, women

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% Maria D'amelio completed

Sally Engle Merry’s essay, “Rights Talk and the Experience of Law: Implementing Women’s Human Rights to Protection from Violence,” attempts to examine the ways in which people who did not necessarily previously see themselves as entitled to rights (civil, human, or any other) come to see themselves as such. To make the argument, Merry employs her research with battered women (and abusers) in Hilo, Hawai’i in the 90s and concludes that this transition occurs within and is based upon an individual’s interaction with the legal system – or, some might say, the state.

Merry’s interviews seem to show that a battered woman’s experiences, from the time she calls for legal intervention to put a stop to the abuse to her interactions with court officials and then long-term services to prevent further abuse, are what begin to shape her (usually) new notion that she should have autonomy (bodily and otherwise) and is entitled to a set of rights to protect and preserve that autonomy. Many of the women interviewed experienced police officers displaying more sympathy towards the abusers than towards them. Some of them even described the police as “cold” and entirely unsympathetic to their horrible ordeals. This experience can lead to what she discusses in the introduction of her essay – many women dropping their initial complaints and refusing to cooperate with law enforcement.

Centrally, what she seems to be putting forward, however, is that positive interactions with the court system can help women to develop a strong sense of their rights. The ideal conditions, one imagines, begin with sympathetic police officers who recognize the dangers that women in abusive relationships face and immediately implement ways to protect the woman and keep her separated from her abuser. Then, a sympathetic Judge who understands the power dynamic and the influence that he or she can play within it to get the abuser to stop his behavior (in at least one of the interviews, a woman described being quite satisfied with a Judge’s lecture to her abuser, but less impressed by the police’s actions or his experience in the jail system). Finally, and what seems to be a crucial component, is the long-term follow up preventative measures of ATV classes that both partners attend.

So, when all the components seem to come into place, a battered woman’s identity can shift from seeing themselves as someone who must tolerate abuse to someone who has rights AND can implement those rights. But, evidence based on Merry’s interviews shows that these experiences can vary quite a bit and, thus, if a woman’s rights are not taken seriously by the state (i.e. the legal system), then there is no guarantee, really, of a woman understanding her identity as entitled to rights.

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% Destiny Rivera completed

In “Rights Talk and the Experience of Law: Implementing Women’s Human Rights to Protection from Violence,” Sally Engle Merry begins her article with a question pertaining to one’s understanding of their entitled or assumed rights and the problems that are associated with these rights, or lack thereof. The understanding and adoption of rights, according to Merry, needs legal intervention and protection by the law. However, this intervention by authorization only contributes to subjectivity and acknowledgement of existing subjectivity of those who need and want to acquire, understand, and fight for their rights.

 

“Rights-defined selves emerge from supportive encounters with police, prosecutors, judges, and probation officers. This empirical study shows how victims of violence against women come to take on rights consciousness,” (p. 343).

 

Subjectivities are produced through encounters with the legal system, according to her article, through various instances. For example, domestic violence specifically against women serve as a contribution to subjectivity. Although women may be in a dangerous and violent situation, they pick and choose when they want to assert, defend and reject their rights with inclusion of the law. This may be due to their splitting decision of wanting to claim their rights and security while simultaneously preserving their autonomy and role as a good wife. “They clearly fear retaliation by the batterer, but they also resist the shift in subjectivity required by the law,” (p. 345).

 

“Thus, an individual’s willingness to take on rights depends on her experience trying to assert them,” (p. 347). Merry shares that acting upon rights is dependent on an individual’s experience and understanding of rights in correspondence with their identity. In other words, if one believes that they are treated unjust and have the right to make a change, chances are that they will advocate and fight for that change. If rights are treated with insignificance, though, by law and the general population, the injustice in question may not be associated with rights and unjustness of rights. In either scenario, that individual is subjected to either go through some process of encounters with the legal system or is subjected to the dominant opinion of worth regarding the injustice felt by that individual.

 

According to Merry, encounters with the law cause women to switch up roles in accordance to the subjectivity at hand. Depending on the discourse and social practice at hand, women’s positions may switch from assertiveness to feeling out the waters of the situation they’re in and what they may want the outcome to be. Consciously adopting rights, then, requires shifts in behavior and subjectivity that correspond with an individual’s understanding and experience, their seriousness regarding implication of rights, and what is not worth reinforcing.

 

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% Jessica Doiley completed

What I think Merry means when she says that subjectivities are produced through encounters through the legal system is that people, more specifically women, bias especially through the legal system. An argument that merry makes is that women that are in abusive relationship or marriages, the women who are being abused reports the abuse and other wrongdoings towards them and as a result they are choosing themselves over the man and that is when the woman gains power over the man. “At the same time her actions allow the law to define her husband/partner as a criminal under the surveillance and control of the state”. After reading that I feel that the mistreated or battered woman now has power over her husband or partner. I also think what Merry is trying to say is that after going to the legal system, the woman’s family tries to convince her that she’s not a good wife or girlfriend and will also try to. Convince her that she took away her husband’s or partner’s masculinity. “A battered woman may be be pressured by king to feel she is a bad wife, while her rather may claim she I staking away his masculinity.” Then right after, Merry states that a woman is considered a bad wife or girlfriend when after she goes to the legal system and asks for help then she takes it back. Then they are considered as having identity transformation.
A problem that Merry points out is what if those in the legal system favored the male and thought that the woman is overreacting and didn’t take the situation serious. This makes the woman thinks twice about what power she has to protect herself and her rights. Another problem that I noticed was when Merry said that when the male tries to reassert his masculinity, the female tries to find the new subject within the law alienating and empty. However, on the other hand, she also says that the female’s family would pressure her into leaving the abusive male and get new services to protect herself within the legal system. In my opinion, after reading that women often go to the legal system for help then try to take it back in fear of what her family thinks or that she fears that she is challenging the male. I don’t think that women should try to take back going to the legal system for help, because in a way the woman herself is taking away her own power. Not only to stop the abuse, but just having he own power in fear of being judged or fear of retaliation from the abusive male. “As women confront the demand to testify against an offender in open court, unsure of the penalty that will follow, but certain of the anger he feels as a result of her testimony, the nature of the new subjectivity offered to her by the law appears ambiguous and unclear”. I felt that this was another reason as to why women try to back out because the legal system doesn’t make what comes next clear and being that the female is unclear, scared, etc., she thinks twice about wether or not she should go through with whatever service it was that she chose.

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% Doris Estevez completed

The Resolution 1325 was implemented and unanimously passed on October 31, 2000 This took place in Namibia, the Security Council let more then forty speakers talk about women, peace and security. The Resolution 1325 has been used, quoted by constituency of women and peace groups all over the world. The UN system made three aspects for the Resolution 1325. First the ideas and language dating back to other documents, treaties passed through the UN since 1945. The second part was international, popular with historic information and analysis. The third the unity of the Namibian presidency of the Security council, DAW, UNIFEM and NGO all played an important role in helping identify and the experiences from women.

The Women and Armed Conflict Caucus made several recommendations to the Security Council, the requirements for the protection of women and girls in armed conflict, increase women participation of all ages in conflict prevention, appoint someone on gender issues to the Security Council,employ a wider range of non violent conflict prevention, UN will provide on going training in gender and cultural sensitivity, implementing procedures for drawing on the experiences of women.
As of October 31, 2000 the Resolution 1325 was in placed and it’s tasks implemented to ensure that women’s groups receive concrete, practical financial and technical support. Since its passing the UN states it has peacekeeping in several countries of the Middle East and Africa. At times the information has been limited to the Security Council. But the change has come for women to be included in decision making, peace talking and security . After the US went to war with Afghanistan, the meeting with NGO was important because of the limited role women had in this country. The Security Council reenforce the importance of the strong support for women’s role in decision making with conflict and prevention. The Security wanted the number of women to increase and wanted women nominated and fill in as special representatives. The UN mission was to have women and girls in matter of pease and security.

The Resolution 1325 must continue to be used into action. The Un must ensure that women in all levels of pease and security be present. This change is moving forward slowly. Back in 2000, women where able to squeeze into the Security Council and debate for the very first time. Moving forward the Resolution 1325 must continue to make change and stay permanently open for women and girls human rights. Many women continue to fight for the protection of theirs lives.

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% Nicole Palma completed

The Resolution Thirteen Twenty Five that was passed by the Security Council on October Thirty First Two Thousand. The Security Council’s responsibility was to provide security and peace. This Resolution’s main focus was to have women be included in times on conflict. The Resolution embodied they idea that women should be able to participate in times of war and/or conflict as peace keepers. Women were not being utilized to their full potential during times of conflict and war. Most women became victims of rape and suffered immensely during times of war and conflict to other sexual abuses. Women’s ideas were unappreciated and devalued during times of war and/or conflict, they were also underutilized during prewar and post war and/or conflicts.  Resolution Thirteen Twenty Five helped unite women in all areas of the world because it provided them with the tools they needed to become active and valued individuals in times of war and conflict. They could now be part of the United Nations negotiations for peace and security efforts for their countries. By including women in these negotiations the hope is to provide peace and protection for them during times of war and conflict. Once the Resolution women’s groups were able to receive reliable support both financially and technically. In other words it forced the Security Counsel in Afghanistan “to put their money, where their mouth is” for lack of a better term. They had step up and provide support not just take about providing support. With the Resolution Thirteen Twenty Five other countries like Africa also began to slowly integrate women into negotiations and peace making decisions. After two thousand one backed NGO women’s groups by re enforcing the idea of empowering women by having countries nominate them for leadership positions. They wanted to increase women’s role in matters of protection, peace and security. With the creation and implementation of Resolution Thirteen Twenty Five Non Governmental Organization Women’s groups have been working together to provide protection and security for girls and women during times war and/or conflict. For example they are creating peace operations for gender justice and refugee children and women. With the technical support these NGO women groups are now receiving they are able to navigate and work on the PeaceWomen.org website that was launched on October thirty first two thousand and one. This site further helps to unite women around the world in working together on matters of peace

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% Jacklyn Hernandez completed

My name is Jacklyn Hernandez, this is my first semester at CWE 2017, my majors are Early Childhood Education, I would like to someday become a teacher for young children at a public school. For many years I can admit that I’ve turned a blind eye when it came to women rights and human rights in general. I did not want to admit that there was and is injustice that is becoming tragically. As I chose this course, I plan to learn and become educated about our rights as humans, and more importantly women rights, as I know that because for many years since rights for women was never an option and we now have the privilege to a certain extent I would like to understand its history and how changes came about to now. I’ am very appreciative to have the privilege that I have now, but I sometimes question, am I settling for less?

During my reading of “Inventing Human Rights” by Lynn Hunt (2007), I found it difficult to really understand that a man like Thomas Jefferson, a once slave-owner, member of the Founding Fathers and author of the Declaration of Independence 1776 would state “we hold these truths the be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness” (15), but Hunt, experts and philosopher would argue that this statement did not involve everyone. This so called human rights yet limited women, slave men and free slave men, children, the disabled and the lower class people, if not excluded them. Another point Hunt questions when it comes to Jefferson statement “we hold these truths to be self-evident” is that it is extremely difficult to say, especially during a time where women and blacks had no saying, and era where slave was a major issues, they were partially either owned, or wives to someone who probably had those rights.

I can agree and understand, like Lynn Hunt and many people today may argue that although the laws are written for “everyone” those laws do not actually apply to everyone. The blacks and Hispanic and immigrants are constantly violated either by the police department, the government and now president, women still continue to face issues when it comes equality. What I find inhumane is how human beings can be defined, divided inhumanely. Many declarations have tried to declare human rights yet made no difference, written but not played.