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| Rights |
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Men's rights is an umbrella term, encompassing the political rights, entitlements, and freedoms given or denied to males within a nation or culture. Men's rights have been the subject of a variety of social and political movements, including men's liberation, profeminists, mythopoetic men's movement, gay male liberation, men's rights movement, and antifeminism.
Issues commonly associated with men's rights include marriage, cohabitation, parentage, job discrimination, divorce, support agreements, and child support.
History
Men's rights has been traditionally defined as rights that should be afforded and protected by governments.
In human rights discussions, some argue that human rights have been traditionally focused on rights for men, and not given allowance for the unique circumstances and concerns of women. In other words, "women may enjoy these rights only to the extent that they become like men." Traditionally issues between men and women are considered private family affairs, and as such not afforded needed protection in the public sphere.
Since the 1970s, though, there have been women's and men's movements to reassess past patriarchal systems and the extent to which they were in the best interest of men and women. Men, previously considered primarily for their role as economic provider, are increasingly recognized for their ability to provide nurturing and formative relationships for their children, which changes the dynamics of what is important for men's rights.
Men's rights movement
The men's rights movement, a particular movement led by people who identify as men's rights activists, emerged in the United States during the late 1970s to ensure equitable rights for men in the wake of the feminist movement. Men's rights organizations refers to organizations belonging to this movement.
The men's rights movement emerged in the 1970s to address inequities in reproductive rights, divorce settlements, domestic violence laws, and sexual harassment laws. It now also includes education, other father's rights, health care, genital integrity and more. Advocates are known as men's rights activists. They claim that men are oppressed providers and that men in general suffer from living shorter lives, having higher suicide rates and higher incidents of most stress-related disorders than do women.
The Men's Rights, Inc. and Free Men, Inc. were both formed in 1977. Recognizing the need to address key issues among fathers, the father's rights movement also began during this time period.
The National Coalition of Free Men was formed in 1981. Women who support men's rights have included Naomi Penner, a women's rights activist who supported the creation of the National Coalition of Free Men and Christina Hoff Sommers who wrote about some of the ways the feminist movement negatively affected boys and men.
In the fragmented fathers' rights field in Israel, the Man's Rights in the Family Party was founded in 1966 by Yaakov Schlusser with the aim of increasing primary custody given to fathers.
The first major non-western men's rights organization was formed in India in 2005, the Save Indian Family Foundation (SIFF), a registered non-profit headquartered in Bangalore that claims more than 3,000 members.
As a social movement, those concerned with men's rights comprise a wide variety of individuals and organizations, both united and divided in various ways on specific issues. Some groups are formally organized or incorporated, while others are casual alliances or the work of a few individuals. Notable organizations include American Coalition of Fathers and Children, Fathers 4 Justice, National Coalition for Men, and the Save Indian Family Foundation.
Issues
The men's rights movement is concerned with a wide variety of issues, some of which have spawned their own groups or movements, such as the fathers' rights movement, concerned specifically with divorce and child custody issues.
Divorce
Men's rights groups in the United States began organizing in opposition of divorce reform and custody issues around the 1960s. The men involved in the early organization claimed that family and divorce law discriminated against them and favored their wives. Rich Doyle wrote of the view of the men's rights movement concerning the court handling of divorces and child custody processes.
Divorce courts are frequently like slaughter-houses, with about as much compassion and talent. They function as collection agencies for lawyer fees, however outrageous, stealing children and extorting money from men in ways blatantly unconstitutional... Men are regarded as mere guests in their own homes, evictable any time at the whims of wives and judges. Men are driven from home and children against their wills; then when unable to stretch paychecks far enough to support two households are termed "runaway fathers." Contrary to all principles of justice, men are thrown into prison for inability to pay alimony and support, however unreasonable or unfair the "obligation."
Laws and practices regarding spousal support, maintenance or alimony vary considerably by country and culture. On one end of the spectrum are Nordic countries, like Sweden, that by 1978 assumed that divorced spouses were not responsible for one another. Support might be provided for a transitionary period for the lower-wage earner or primarily care-givers, but only in about 6-8% of the cases and only for a limited time. In most western countries alimony is provided on an ever decreasing basis due to shorter marriages and women more likely to be wage-earners. Italy and many countries in Latin America, are on the other end. Women may be supported during legal separation, which is a state in which they wish to remain because of low chance of remarriage, religious reasons or to retain inheritance rights to their husband's property. Such women may be wives to husbands of privileged class. However, the rate of support is declining in Italy, as well.
Although the rate of payments of spousal support is declining, both due to the reduced rates at which alimony is granted and low rates at which alimony is generally paid, there are concerns regarding men's rights when women continue to receive support after they enter into new relationships and women are supported by men who are "financially strapped". In the United States, the current alimony laws are challenged for constitutionality, assignment of temporary vs. permanent financial support paid to a spouse, and fair and equitable treatment under family law; There are several men's rights crusades to reform alimony at a state and federal level, including Arizona, Florida, Georgia, Massachusetts, New Jersey, North Carolina, Ohio, Pennsylvania, and Tennessee.
Now that women make up a large percentage of the workforce, existing laws regarding alimony in the United States have come into question. A legal precedent for gender-blind spousal support, granting men's rights to alimony, in the United States was made in Orr v. Orr, where the Supreme Court invalidated Alabama's statutes by which husbands, but not wives, were required to pay alimony upon divorce. This statute was considered a violation of the Equal Protection Clause of the 14th Amendment. The percentage of alimony recipients in the US who were male rose from 2.4% in (1996–2001) to 3.6% in (2002–2006) and is expected to increase as more marriages feature a female primary earner.
Anti-dowry laws
Men's rights organizations such as Save Indian Family Foundation (SIFF) state that men are subject to dowry harassment when women misuse legislation meant to protect them from dowry death and bride burnings. In India, all women who die within 7 years of marriage are presumed by the Indian homicide law to have been victims of dowry death. In some cases, while the victim's husband or his relatives were implicated and jailed, some women were determined to be alive. Men's rights activists in India argue that though 18,000 men committed suicide in 2009 due to family issues, 7,000 more than women for the same reason, there are no governmental services for male victims of domestic violence or at-risk for suicide.
SIFF is one of the many men's rights organizations in India that focus on the perceived abuse of anti-dowry laws against men. SIFF has stated that they feel that anti-dowry laws have regularly been used in efforts to settle petty disputes in marriage, and that their helplines receive calls from many men who say that their wives have used false dowry claims to get them jailed.
Reproductive rights
In 2003, a British woman lost her challenge against the 1990 Human Fertilization and Embryology Act which specifically states that both partners must consent to the use of their genetic material. She was attempting to gain access to fertilized embryos, frozen prior to her divorce from her ex-husband who had since withdrawn his consent. However, another British man was forced to pay child support for children conceived artificially after his ex-wife used sperm frozen during their marriage. In this case, the woman had falsely claimed his consent when undergoing the procedure.
In all but 15 countries, husbands are not required to authorize or be notified of an induced abortion. Egypt, Guinea-Bissau, Iran, Iraq, Japan, Republic of Korea, Kuwait, Malawi, Morocco, Nicaragua, Saudi Arabia, Syria, Turkey, and the United Arab Emirates all legally require that an abortion must be authorized by the woman's husband. However, in some countries, this authorization law can be overridden if there is genuine concern for maternal health. In China the law states that a woman has no overriding priority over her spouse in deciding whether to have a child, but this conflicts with the existing women's right to abortion which has been upheld in court.
In the US in 2006, the court case Dubay v. Wells concerned whether men should have an opportunity to decline all paternity rights and responsibilities in the event of an unplanned pregnancy. Supporters said that this would allow the woman time to make an informed decision and give men the same reproductive rights as women. In its dismissal of the case, the U.S. Court of Appeals (Sixth Circuit) stated that "the Fourteenth Amendment does not deny to State the power to treat different classes of persons in different ways."
Adoption
Fathers' rights activists seek a gender-neutral approach in which unwed men and women would have equal rights in adoption issues.
In Oregon, a U.S. state, an adoption may be granted without the consent of a married woman's husband if it has been determined that her husband at such time was not the father of the child; in this case, consent of the husband (or father) is not required.
Child custody
Family law is an area of deep concern among men's rights groups. These issues vary from state to state and country to country. In India, father's rights have been a concern since 2000. Many men feel that they are discriminated against and that they do not have the same contact rights or equitable shared parenting rights as their ex-spouse. The United Kingdom and United States were cited, with several other unnamed countries, as affected regions where child custody issues have become complicated by higher divorce rates, less father-child time, while there has been greater expectations for fatherly involvement in their children's lives. Authors of Unfamiliar territory write, "The current struggles of the fathers' rights movement can be understood as part of this complex and painful renegotiation of intimate relations against a backdrop of changing lifestyles and expectations." Father's rights activists seek to change the legal climate for men through changes in family law. See Fathers' rights movement by country for more information about custody concerns.
Men's rights activists state that the divorce rate in India has sharply risen from less that 5% in 2000, which has over-burdened the Indian court system's abilities to keep pace with the number of child custody cases. They argue that men have been parted from their children, with some only allowed to visit their children at the court once a month for 30 minutes during the to several years that it can take to resolve the custody case. To provide support services to men for shared parenting rights and father's rights, SIFF created several non-governmental organizations (NGOs).
In the United States, fathers were awarded custody in 17.4 percent of cases in 2007, a percentage that has statistically not changed since 1994.
Parental abduction
Men's rights activists state that children of men of Indian descent have been abducted from their homes in Canada, the United States and Europe, and moved to India where the national courts do not recognize foreign child custody orders. The country is not subject to the Hague Convention and men accused of dowry harassment may be arrested at Indian airports.
Parental leave
There is wide variance in parental leave provisions across 24 western countries, which are primarily European countries, Australia, Canada and the United States. The most liberal allows the couple to choose how to split the family leave time between mother and father. In the countries where parental leave is available and defined, it is generally for 2 to 12 days. Where maternal leave is available and defined, all but the United States and Australia, the period of time is generally 14–20 weeks, but four countries have extended leave periods.
Paternity fraud
Paternity fraud occurs when a mother intentionally identifies a man as a biological father, who she knows is not the father.
According to estimates in the United States there might be as many as 800,000 incorrect paternity judgements in California alone (because of defaults). Once so judged, it is extremely difficult or even impossible to get liability for child support removed. In some cases, a husband is legally responsible for his wife's children even if the child is not his own.
Health
Men's rights activists view the health issues faced by men and their shorter life spans as compared to women as evidence of discrimination and oppression. They state that feminism has led to women's health issues being privileged at the expense of men's. They point to higher suicide rates in men compared to women, and complain about the funding of men's health issues as compared to women's, including noting that prostate cancer research receives less funding than breast-cancer research. Some doctors and academics have argued circumcision is a violation of men's right to health and bodily integrity, while others have disagreed.
Academics critique the claims, stating, as Michael Messner puts it, that the poorer health outcomes are the heavy costs paid by men "for conformity with the narrow definitions of masculinity that promise to bring them status and privilege" and that these costs fall disproportionately on men who are marginalized socially and economically. In this view, and according to Michael Flood, men's health would best be improved by "tackling destructive notions of manhood, an economic system which values profit and productivity over workers’ health, and the ignorance of service providers" instead of blaming a feminist health movement.
The World Health Organisation also state that the main reason for the gender health gap is mainly due to different behaviours regarding the use of tobacco and alcohol. The opinion of doctors such as Thomas Perls, Myles Spar, and organizations such as the European Commission are that part of men's shorter lifespans than women can be attributed to genetic and biological reasons, while social factors including a lower tendency to seek medical help and routine checkups are indicated as well. It is proposed that over 50% of premature deaths of men could be avoided.
Education
Men's rights activists describe the education of boys as being in crisis, with boys having reduced educational achievement and motivation as compared to girls. Advocates blame the influence of feminism on education for discrimination against and systematic oppression of boys in the education system. They critique what they describe as the "feminization" of education, stating that the predominance of female teachers, a focus on girls' needs as well as a curricula and assessment methods that favour girls have proved repressive and restrictive to men and boys. Men's rights approaches call for increased recognition of masculinity, greater numbers of male role models, more competitive sports, and the increased responsibilities for boys in the school setting. They have also urged for clearer school routines, more traditional school structures, including single sex classes, and stricter discipline.
Critics suggest that men's rights groups tend to view boys as a homogeneous group sharing common experiences of schooling and that they do not take sufficient account in their analysis of how responses to educational approaches may differ by age, culture, ethnicity, sexuality, religion, and class.
In Australia, men's rights discourse has influenced government policy documents; less impact has been noted in the United Kingdom, where feminists have historically had less influence on educational policy.
Military conscription
Men's rights activists have argued that military conscription of men is an example of oppression of men.
In 1971 in the United States, draft resisters initiated a class-action suit alleging that male only conscription violated men's rights to equal protection under the US constitution. When the case, Rostker v. Goldberg, reached the Supreme Court in 1981, they were supported by a men's rights group and multiple women's groups, including the National Organization for Women. However, the Supreme Court upheld the Military Selective Service Act, stating that "the argument for registering women was based on considerations of equity, but Congress was entitled, in the exercise of its constitutional powers, to focus on the question of military need, rather than equity.
Governmental structures
Men's rights groups have called for male-focused governmental structures to address issues specific to men and boys including education, health, work and marriage. Men's rights groups in India have called for the creation of a Men's Welfare Ministry and a National Commission for Men, as well as the abolition of the National Commission for Women. In the United Kingdom, the creation of a Minister for Men analogous to the existing Minister for Women, have been proposed by David Amess, MP and Lord Northbourne, but were rejected by the government of Tony Blair. In the United States, Warren Farrell heads a commission focused on the creation of a "White House Council on Boys and Men" as a counterpart to the "White House Council on Women and Girls" which was formed in March 2009.
Domestic violence
Since the late 1970s and 1980s men's rights activists have asserted, based on academic studies, that the incidence of domestic violence and murders committed by women is under-reported, partly due to men's reluctance to admit being victims. Some state that women are as violent as men and that domestic violence is sex-symmetrical and argue that the judicial system too easily accepts false allegations of domestic violence made by women against their male partner. Men's rights writer Christina Hoff Sommers has commented that "false claims about male domestic violence are ubiquitous and immune to refutation." Some men's rights advocates have been critics of legal and policy protection for abused women. They have campaigned for domestic violence shelters for battered men, and for the legal system to be educated about women's violence.
Academics criticize the research cited by activists, and while acknowledging that men are victims of domestic violence, dispute their claims that such violence is gender symmetrical, arguing that the focus on women's violence stems from a political agenda to minimize the issue of men's violence against women, and to undermine services to abused women.
Allegations of rape
Men's rights activists have stated that there is an epidemic of false rape accusations which are devastating to those falsely accused, and have campaigned to increase the level of evidence required to support rape and domestic violence cases. They protest the naming of accused rapists while providing the accuser with anonymity. Some men's rights activists question the criminal status of marital rape, arguing that sex within marriage forms part of the marriage covenant. In extramarital contexts, they have suggested the signing of a "consensual sex contract" by partners before sexual intercourse in order to protect men from accusations of rape, and from child support payments if a child is conceived as a result.
Social security and insurance
Men's rights groups have argued since the 1970s that men are given inferior social security and tax benefits to women. Warren Farrell states that men in the United States pay more into social security, but in total women receive more in benefits, and that discrimination against men in insurance and pensions have gone unrecognized.
For example, "Widow Allowance" in Australia is awarded to a woman born before 1 June 1955, with no recent workforce experience and with low income if she becomes widowed, divorced, or separated from a spouse or de facto partner (of either sex). The provision is available to women only; not to men in identical circumstances.
Female privilege
One argument of the men's rights movement is that male privilege no longer exists. Those who espouse this view are divided into two camps: those who argue that sexism now affects men and women equally, and those who argue that we now live in an era of female privilege.
See also
References
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Women's defense of men's right to bodily integrity and their work against MGM will not have a negative impact on their struggle against FGM.
{{cite journal}}: Check date values in:|year=(help)CS1 maint: year (link) - Margaret Somerville. Altering baby boys' bodies: the ethics of infant male circumcision. In: Margaret A. Somerville. The Ethical Canary: Science, Society and the Human Spirit. Toronto: Viking, 2000. (ISBN 0-670-89302-1)
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Circumcision: A Common Form of Disregard for Men's Rights… Glick emphasizes that infants are persons with full civil rights, and therefore no one has the right to impose circumcision on them—not even parents.
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{{cite journal}}: Unknown parameter|month=ignored (help)CS1 maint: multiple names: authors list (link) - Patrick K (2007). "Is infant male circumcision an abuse of the rights of the child? No". BMJ. 335 (7631): 1181. doi:10.1136/bmj.39406.523762.AD. PMC 2128676. PMID 18063641.
{{cite journal}}: Unknown parameter|month=ignored (help) - Brusa M, Barilan YM (2009). "Cultural circumcision in EU public hospitals--an ethical discussion". Bioethics. 23 (8): 470–82. doi:10.1111/j.1467-8519.2008.00683.x. PMID 19076127.
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External links
Bibliographic
- Boyhood Studies, features a 2200+ bibliography of young masculinities.
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