Scribd Logo
Upload

Welcome to Scribd!

  • Rodriguez de Asis Et Al. 2019.law, Gender, and Social Movements

    Uploaded by

    kithinji Dan
    49 views11 pages

    Original Title

    Rodriguez de Asis et al. 2019.Law, Gender, and Social Movements

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    49 views11 pages

    Rodriguez de Asis Et Al. 2019.law, Gender, and Social Movements

    Uploaded by

    kithinji Dan

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 11
    23 LAW, GENDER, AND SOCIAL MOVEMENTS IN LATIN AMERICA ‘Moral Negotiations and Uneven Victories in Feminist Legal Mobilization Marta Rodriguez de Assis Machado, Ana Luiza Villela de Viana Bandeira ‘and Fernanda Emy Matsuda “The organized women’s movement in Latin America emerged in the ate 197 inthe contest of democratintion and the tansiion from dcislorship. As. women Ineeaigly cetered univers andthe abr eka, he Meoogy of fay, church, tnd. motbetbood, heavily exploited by authoritarian governments, was gradally Advances were uneven: some demands were recognized in consitins or specie laws, ober wore want into public poles, ahd eter ve not advanod or have even receded The comparison between the fells of srateple mabiizationtsround domestic violence and abortion is pardigmatc because it demonsiats his uneven ‘svancement of feminist demands, These two iste, bth fendamently importa a ‘eh or canted over women’ bade, usa the very diferent bars a play ith egard to aceptance of eiscourses, the presence (or absence of positive sees ‘ith ste instton, formations of ais and enemies, ab well as suceses, threats, td setbecks for women's ih othe following scons we ely eecosinct the proceses of egal mobilization tht have oecured in these elds in Bran ther tun "tempi to accent forall the complexities in ech care, we foes onthe moment ‘ahoe moral aegottions proved cuca. To cash reached he spree cou ae ‘more closely analyzed, although agin for reasons of space we do nt cover all contextual tes in tis naratve. In our analysis, we daw on the resus of two Chet empirical research projet the fit, on legal mbiaion concerning the ‘option of Masada Pea Law and Femi Act ad tee asepanc by cous the Second, sill in progress, on egal mobilization on abortion rights in Bra In both ey we recoptset process of legal mobliation trough review of secondary ocumeatin and bbllographical sources andthe following primary sources: (the ‘minutes of the Braian Constituent Assembly Gi) the records concerning the leisative proses of the Marin da Pent Law an the Femi Act i) deisons of the eur appl fom sine states repuding the plementation of Mara da eat Lay (Grom Sep 206 to December 2010) (i) ils presented ia favor ofan ‘opposing ahorton fom 1989 t 2015; ) te cases that reached the supreme cout en ‘he contiatonaliy of Mais da Penk Law (ADC 19 and ADI 4.424) and (0) te satcncephalie fetus case that reached the supreme cout (aluing the ial peton, inrim decisions, speeches i the public aig, andthe final decision. In this chapter we arge tht moral putes ad processes of discursive npotiton ‘ae key wo explaining te diflereaces becweea the Wo Helds of egal mabiaion. To 6c, Latin American feminist movements have tended to choos the sate as hei ain ‘ena of collective action and confrontation (Safa 1980, Jen 1987) A¥ we monte ia subsogueatsetns, the ability 10 ceunvent, sepa o wsigaily dominant cultual representations of women, genie, and family were ruc 19 Feminist victories at key moment inthe srgele for tains change. We Foci ‘oye o he Beaiian fers overeat, but comparable dynuics ae i evidence it ‘ter Latin American countries, Bai isan important example of the deelopmeat of highly profesionlized emit activism that conquered imptant spaces within the sate Dteaursy — this ‘process sarod eely in 1985 with the advent of the Sate Women's Comes and ‘sine omentum in 2003 with the creation of the Special Secretariat or Women's Affirs ding the fst government of Luiz Inicio Lala da Silva (2003-2006) Feminist depioyed nition! tnd intertonalsrsegies of mobilization and capes ‘strep pts in he executive branch, ye they only managed to advance ome of hit ‘mands the real of public plicy. AS in der countries i the pon, socio egal Ioblization on thee two key insee resulted in, onthe one hand, a brondning of ‘rotction apist domes violence thruh the pang of eimial ab and, ote ‘ther hand, teats and haces i the sphere of sexual and repaducive his ‘ual 2014), “The ist decade of the twenty-first entry was marked y ff a7 the region to daft laws w combat Violence against Women, ih an empluis on domestic oleace By contrast issue of aborton not only faced dius in advancing =| ‘to ight spends bt alo seed ehacks sn many cous.” Numero Lin ‘Amencaacontitons prot ie since conception” clang those of Salado, ‘the Dominican Republic and Beuador Jukewie? 2011. In most counties aboeion is sill a eime, with very few exceptions, and some governments ve reenly pase leislation that tly bans abortion, even in eases of pregnancy at srs of Seal ‘lence or maical sks to the Ife of the pegtant woman. Pro-hoie and aat- horion wanstional networks operate actos the region With these acs mOVng iin goveramens,legisatues, nd cous. In Bra in common with neighboring Couns, ther is enormous rexitance inthe public sper to dacasion of women’ sexual and reproductive rights emanting particularly from religious groups "In Brazil tnd ober counties, banles were fought through difereat sate arenas t modity lepnaton and increase the posites for legal horton. Te weight of emseraive forces in te legslaure in particular, encouraged Teniit apenas 10 move to he cours (Gaei Pereanez 2010)? In what ellos, we examine features common 0 beh feiss of scioegsl mobilization with the aim of generating hypobeses. for comparative suds. ‘Legal Mobilization, Framings, and Cultural Plies ‘Swaies of mobilization and polical confontaton have highlighted fotos tut plan the sscee or fale of aleve ston in achicrng social and instttons ‘haage. These include resources, ganizaional sructres(MeCay and Za 1977, and performances and repenies of ection Tilly 1998) The prevaling pola opportunity store, (acading oppor, restton, and tests) explains an ‘portant pat of collective acon process, polling lo nstaional spaces mae or es open to cv society patito, as well a the Wwiligness and Sesiity of bis ofcil o ncorort, nego, of suppress demands (Taro 1988), The Siity Wo gain alle within and ouside the pica stem or to mobili ountemoverents has also demonstrated self to be cricia This is beens opposing movements infven cach otber both distly and by aleing the vironment in which eich side operates. The opposing movement i 4 crc component inte stvcture of policl opportunity the oer side face” (Meyer and Suggenborg 1996 1633). All these factors expand or limit fom of erzaizaion and ction, and are capable of inaencng movement’ ep sratepis,sllogh nays of the of law by countermovemens i wlavely new wo sci-egal sme a Lata ‘Ameria (Teles 2010). Symbolic an cllural diaputes over proeses of eiiton and interpretation of reality have gained gree ground in sues on social movements in recent decaes, based on the concep of aing processes (Snow etal 1986, 200) Social movemens| ot only sc the world ~ Hough pretest and demands fr change ~ bt also fom frameworks, itpecting and disputing meanings. Framing processes are cotiuoos ‘nd contextual, involving atempes by opposing social movements to ain public lepimacy forthe demands. Anastially the oncep of “frame” meas that poli leptes te inseparable fon thir cule dimensions; meanings are coestuive of process tht, ther implicitly or explicitly, sek to eden social power. This ces, {or example, when social movements eck skematve meanings fr sich concepts or coonrcs as democrcy, rc, gender, family, es. (Alvar, Dgnio, and Escobar 1998, 7). While the concept of taming has pine inpotance in sts of socal ‘movement sete, the we of feamevorks and te cual denon of disputes ‘xe ach les in even in studies on legal mabilization, Analysis ofthe eects of ‘Seomcdtions cr intereive bates and thei speci ete athe Bl fli ‘¥en les frequent (Vahl 2009 Pedana 2006). We age hee thatthe ocl and ‘altura dimeesions of confonations between opposing social movements are ceca {fully understand processes of lepal mobilization. Stabs on the behavior of cours, by contrast, do focus onthe argumentative stvcture of decisions (Dworkin 1985 ‘Alesy 1985; Gober 1993) and their consistency (Paschal 2010; Menies 201 Nostever, thee sts donot always capa he flows Between nstitaons and civ society which i tum highlight de moeal dimension at stake in every winning {gent in the eld of law. Nor can presses of istitonal maintenance r changes ‘ioved through acon before the cours be observed im thor entity meray by Suljing decisoas and precedeas. The sabiity of 4 decision, for example, canaot vay be expaiod by previous decisions and soporing leg arguments In ome {ay itis the scope and srength of dominant ctrl snd moral esto that ‘Suppo legal pein. ‘The category of taming focuses our analytical tention onan item space sading law, morals, acute, an serves a 2 wef eslegory for observation of ‘he inuracion between fomal sad informal spheres. Demands for eghs, 1g Selutions, and pubic policies ae supported by arguments that arcuate er asue ‘moral and elf conceptions, going beyond legal language. In the fed of Ia, ‘Hameworks refs disputes over models of rgultion (os of legal weatmet of ‘poblem and it configuration inthe legal stem), suppored simukaneouly by uments rood in oer types of legato: moral, siete, ultra, pti {uso for, Leg framework have bah an inanteal and systemic component ~ sated for example, by the framing of an sue wih legal noms ~ aed with ‘symbolic representations pertaining tell ad moral spheres Political confontation within the feminist fd (in both formal and informal ens) ‘nits spect inan intense mobilization of symbolic representations of gender tbe sole of women, and fry. Feminist demands and dscounes canbe more o es de Stabilizing to dominant representations. And this dimension is important i ode 12 ‘derstand the scenario of opportnits and challenges in femini legal mobiation, Some agendas have ben more plaale thn the, ae this ference related ‘he ably of feminist discourses accommodate, negotiate, or refame exiting moa ‘and okra estgoris, By proposing an analysis that i more contest, elation, and dynamic. in his chapter we use the concep of faing in ode o understand the ‘sputes take in proceses of jiaization of gender elation. ‘Comparing Two Subilds of Feminist Mobilization: Domestic Violence and “Abortion | Doct veleace snd ston fr test wor prot fom te cat of the Unis Ameer fil mvement See ten, homer hy fa xprecd ey ‘rent pate of ceptane and ejcton Whe curing det vino proved Tkvely ence th agente f toon we jee byte Cae Charch tnd sone evn cv who vewe ap of Ibe agat for ovoling ‘omens astnomy and feedom of che, It wax never a py among tht ‘omens demas ht enjoyed more consrss, rch combing domes olen, Tiling adrpnn, or cng maura eve sed womens aces he tar (Maraes a Se) 209 11-2) The confit betwen fii ad the Cate Church aver th te of sbrtion was sol evident around the drain of Bris 1988 Coston. A that ne, Femi preted ie Women's Rigs Chane, orien alee to en ‘eho cocnng win f deus, sg them th ight to abc The Cate Church, intr, peste the Content Asenly to inde lane prteing he gt ie "ring at eonceion’” (Rocha DN Feminists mana {tk ts mpc proponte. te was never pose f0 edvnce he decriminalizaion of sori, By conse, domestic lence ined isos! ‘eogntion ae heining of rns demerit wastion The cretin of he rt troc'spotinvnon in Sto Pek in 1985 we «alton tn tone f pbb "ognkon of the einen of the pole Stor 208). Colin soa hw he re sym dew ies of cence ad he demand for prove pee tows to Sil wth poder visace wer the eet of moblion ty to wocm's ‘vent ding th 190s an 200 Dig ths ps, thse Seas were coed in iemaonal dvanens, therey gunn signieat verge!" Cues in Oe inerationdl wen faced Gx gt for aproval of specie ns spin domestic lace ia wren come in Lain Ameea fa Rata see of posed lees wee peed ig Gis prod!® Wt none ac ovenet demande fo" 8 ‘Conprtemiv pl fever to develop imate poli polices. nth cate of sor, law prove ob a sore forthe oppor, Sins 1540, Dac cml codes ed soon i eine td ely provi expos to thir when te pregnancy entanger te mater’ ie ser when pean ‘als fon ape Despehsaccs f gl tro ro i pu eps cexemely limited. Brailan feminists were divided beween those who advocated ‘ompete dcrminaization of abortion a oters who waned frst to pusrance the implementation of what wat already aight (he rpms of exceptions). Over tine the lar, ess radical demand gained more action within the agenda of feminist Soca movements, In terms of frameworks, fom the ‘ntl staget of mobilation over horton the satay of the women's movemea! wat nol 10 locus om meal ‘onfomttion and women's autonomy nthe "Carta das Mulbers” (Wome Lt), the issve was adessodin the double regis of gener and helh. The Framework of autonomy progressively disappeared frm th Uscoure of the eins movement rd inthe 190s and 205 it opted ene for a famoneek of public heath focusing oo the issue of unsafe abortions (Bare 1992, 128), Fr the mi 1980 feiniss work to exabish alliances in he stat and federal ‘overments, making progress wih regard o regulation and implementation of legal orton via exective action. Tn 1989, the fst able hospital that performs legal ‘hoon inthe country wat inaupurated in So Paulo and sot ten yar later, the Ist echnical standards pulang legal aborian were dawn up. Wid the inceased rrsenee of the women’ movement inthe exssive Branch ding the fs Lia [pverament (2002-2006) the most advanced cnc standards to date for legal ‘boron were sued by he Mii of Heath Noubl feminist Vets inde an nd othe requirement fora femal compli before the poi in ode to acess Shortion in eases of rap’ and the spation tht the national heliee system ‘povide egalabotion services, fons aed t ipemontig gal boro incensed ‘cing this period. Te intnsied mblzaton culminated in ongmized prtpation in the Fit Nasional Conference om Pos for Women,” convened by the federal ‘eovernment, which producnd a Natonal Poy Plan for Women tht includ the ‘ommiteat o “evs the legislation on voluntary termination of pregnancy.” "The lalate was an inporint are fr moblinng pro and agus boron in the 19905 and a privileged space 10 seek greater resonance for socal movement Frames. An aayss of the ils presented to the Brain congress sows that public ‘els eames predominated alter the gromulgation ofthe 1988 Federal Constition ‘The 1990s were marked by two imporunt intnsionl conferences: the UN CConferece on Population and Developent held in Caio in 1994 andthe Fourth Word Conerence'on Women in Beijing in 1995. The interationa intrpesive| ‘ameworkstengtbnod national process of mobilization and signaled abortion a & «question of public health and as a human right. Only 2 minority of pro-abortion Frocts afvanced ger femmes sch at etooory Cabortion asa ight of women ‘ede over thee on body") and arguments criguiag paiancal cure. Aer the {83 2000, no pro-abortion il advocated ation based on the empowerment of ‘women the proposals rom hs period are used ene though the fame of public Felt, Tis fewer signals the consequenes of ipa sorion ~ high rts of mortality and injury of women ~ and empties tit unegual dstbtion aceon to rce and clas, One ofthe bile conocted unsafe sbrton pacts to violence, ‘constructing women a the icin of peohbition. The frame of public ea allowed a ‘roabortion posto oe elaborated tough a dscoune of protectin, a pose 1 fone empaszing auton. “Ath the Bevan legs has ben a Key space of disp for movement snd eouniemovemeat alles, changes in abortion rutin dd occur tough this uh, with pro-abortion bil tequenly’elitingant-abotion bills and 50 08 ~ ett ‘mas progressively cupid by the coumermovement “The demand for «lw on domestic ilece was also stonly jai both bythe ‘ational Policy Plan foe Women and by the ntrational sphere, given te ned to ting Bris legal sysem in ie with iteration comenions and agement. ‘aie bythe state, Mobilization ltesifd and reached He peak wit int fom te InerAmericon Human Rights System, whic inthe Maria dn Penta case fund the Braiian State response for omision and negligence in he fight against domestic ‘iolence a 2002 the campaign forthe Maia da Peoha Law was launched, wih te oration of a consorium of NGOs wockng inthe ae of velace aginst women se ham ghs (Maciel 2011, 102; Alvare 198) Jonesy hi proup nd te oder Secteur for Wornen' Polls resuked i bl sb o congress, After ical egotitios ad lobbying, this wae approved in 200 and ed to the creation ‘of Law 1130/2006 know 2 the "Maria Pea Law” in reference to the oie (ofthe campaign tht sled in spon. The la was cosiered an import ‘story for feminist oblzion, In the following yeu the aw would Tae forcement challenges. Although only a han of odes and cous guetoned its ‘onstnonaiy, ter opposiion reached the pubic sphere. The Secrmry for ‘Women's Policy andthe exccuve rsoned to te supreme cou asa seg strengthen the law's implementation © On Febrary 9, 2012, the spreme cou Cnlmed the constatonliy of the Mara da Pena Law. ‘A snilratemg to ink mobilization andthe executive withthe goal of changing ‘bel a red wih read osha. Based onthe National Pl for Women th {eral government sought advance the abortion ageda inthe leila ad within 4 wpa commission with representatives fom the executive, civil sel. and the Fegsinre itself. A bil wat seat to congress proposing the decimation of shoton up othe tvelfth week of pepmany (Racha 2005, 373). Aer an ffensive by ‘eligous soups the poet los the suport ofthe excoutive and was blocked inthe Iegsnre. The caortemoverent mobilized in bah initio! and informal spheres vith the specie goal of hating any advances om the sue of borin In 2006, the Parliamentary Front in Defense of Life and the Brasil wiow Abortion Movement ‘were formed, which gan lobbying for revision of the technical measures and Proposed sere of conservative bil In ation o working within sae institutions, orf group ached the National Campaign or Lf nd eld marches throughout fhe comer They alo etersed consideble nfvense over congressional and predenial clos. Lala, the incumbent candidate for presen, faced song ‘Stndetaution for adopting pro-abortion measure daring hie Sat en, The Mewogial Policing of ptinmentary candies was cared oat va the campsign “For 3 Pstament in Defense of Life,” with he slogan "Vote for Lifer Woe foe Candies guint Abortion: ‘Comer for suspicion of invliement in corption scandals, the second Lala overnment (2006-2010) fackacked on abortion right. The goverment was ‘Weaken and les popula, so the ctecutve retained rom couionatioas over ‘opopular causes auch as abortion, given x aed fo suppor fom conservative econ ‘in drt matin is bit to gover, In the 200 elton campsin,with fea late running for to fst ane abo becane acetal thm Dima Rowell ‘vas stogly censured when se supported the fist daft the Third National Human Rigs Plan The media coverage ofthe aborion agenda ws tense an all major resol canddses nthe 2010 elections were questioned abut tee postions on ‘Shorion (Machido 2012, 30-2, In the face of song public preva, the ther Candidate Roast was fred o reant and sign the “Open Leer tothe People of ‘God pledging not to take menses in favor of lean abo fsbo were o be ‘lected, a promise he kept to during her two tems ino Between 2000 and 2010 the conservative movement ineased thir ales ia lament. The numberof ant-aboton poets inthis period exceed the number of those adveatng an expansion of abortion righ. There was aso a significant change inthe framewecks and ype of bills proposed by conservatives. In addition to coniuing o criminalize Womea who abort, conservative bis came to alopt a Protective frame wr, championing righ forthe ets and advocating the provision of {cil stattce to wonen who do cot rent oshocton,capeciall the who chose ‘ot to make se ofthe limited provisions fr legl abortion, Most stking ithe way in ‘ich the frame of poteston of women, an important sintegy ofthe feminist ‘movement, came tobe disputed and appropiate by the countermovement. ‘The princple feminist victory on sexual and eproductive rights inthis decade was bined in the supreme cour in 20122" Aer susined civil sity mobilization, ‘which valved prog ant-aboron organizations speaking ats public earings ‘nie cera, the Brazilian Supreme Cout recognized anther cause fo gal boon when thefts i proved to Be anencphic. twas he it time sine the went ‘eur hat lepl ling expanded the grounds fr legal abation, The declaration of the constitutional ofthe Maia da Peaka Law by the supreme court occured in he ‘sine year, but the sue of desc violence was ascrded much higher prey iti the governments agenda, Following the cnasment of the law, the feel government launched is campaign onthe Maia da Pena Law uncer the slogan “the [Ew is Stronger” and promoted is implementtion vis the reretring of public sgevcies the isallain of ow Services and campaigns to diseminate the LW ine pub sphere and among agent of li enforcement. The inreasedpeseae of Figs and eomseratve congressmen didnot hinder after epaive vitor for Feminists inthis Hoi: the adoption a la’ oo ence in 2018. As was the case With the Maria da Peaba Law. the approval faa on femicide was the prodct of intense ‘Sscusion and. nepotinion solving NGOs and nitions, and inerstionsl facwes2" The bl was sponsored by the “one caucus” in congress and eaoyed suppor from varios partis, ineldng the mae conservative sts. The propos Imeions the importance of recognizing tht women are killed because they ae twornen, “exposing the fracture of gender fugly that erie nour soci” However, during the voir on tbe loo, tbe orginal bil underwent & change of raroutimporance: the term homicide “aaist women fo reson of ener” was Feplace wih he pase “aguas women onthe grounds of he condition a the emale Sex" This change was a request mae by the thn-pesiéent of te house of representatives ~ the same repreeniaive who announced tit 2 vote 10 lepaize| tMoaion would only occur over his dead body. The episode ilastaed both the ‘pposton to gender issues inthe paiament. but also the ways in Which action en ‘ones violence was able to cveurvent gener treble. Conservatives ae fine with the iden of protecting women, Bu they want wo peeve! the application a the I 16 ups she than women, soch 2s tansvesties and wansgedcr ppl. ‘The precoding nays reveals the cialaton and intense flow of mobliation within informal and iastationalsphens in the deiiton of gener polices, where Insttuiooal responses and public legacy are built siultaneusl and feed each ‘ter. Either public obiizaion is wiggered inorder to strengtben an insttionsl Intiave, instar ows provide inp to mora dispaes within society Legal framing ~ comprising both the language of a and mvalizing conceptions ~ proved toe imporant not ony in tbe insrumentalizaton of insttutonal sages such ashe introduction of «propo er the ling of lal action before the are cout, at sso activated public debate. The following section analyzes two important itor of the Britian feminist movement before the supreme’ cour in ener to trace more

    You might also like