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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 are commonly associated with but not limited to 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 primariy for their role as 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.
As a result, there have been several men's movements, such as men's liberation, profeminists, mythopoetic men's movement, gay male liberation, Promise Keepers, and the "men's rights movement".
Definitions
To clarify the distinction between the broad subject of men's rights from the "men's rights movement":
- Broad definition of Men's rights and Men's movement organizations
Equal rights and opportunities for men, including the perspectives of various men's movements, such as men's liberation, profeminists, mythopoetic men's movement, gay male liberation, Promise Keepers, and the "men's rights movement".
- "Men's rights movement"
A specific men's movement: The "men's rights movement", led by "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 of this movement. 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. See "Men's rights 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," or MRAs. They believe that men are oppressed providers. Men suffer from living shorter lives, having higher successful suicide rates and higher incidents of most stress-related disorders than women do.
The men's rights movement emerged in the United States during the late 1970s to ensure equitable rights for men in the wake of the feminist movement. 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 supported men's rights were 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.
The first major non-western men's rights organizations were formed in India in 2001, led by the The Save Indian Family Foundation (SIFF), a registered non-profit headquartered in Bangalore that claims more than 30,000 members.
Like participants in most social movements, 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. Some 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.
Marriage / intimate partners
- Alimony, also spousal support
Background: 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 are more likely to be wage-earners. Italy, and many countries in Latin America, are on the other extreme. 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, exiting 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.
"Men's rights" organizations, such as Save Indian Family (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 commited 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.
Men's rights concern is regarding their perception of unequal representation in family and divorce law.
Conservative 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 believed that family and divorce law discriminated against them and favored their wives. Rich Doyle, Men's rights leader, writes of activists view of the Men's Rights movement feelings about the court system 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."
When men are victims, their needs are underserved. They may also be subject to false allegations. Men in India are subject to domestic violence, with rare police protection and no supporting governmental programs.
Since the late 1970s and 1980s "Men's rights activists" have asserted that the incidence of domestic violence and murders committed by women is under-reported, partly due to men's reluctance to admit being victims. They 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".
In Western countries, "Men's rights activists" have been vocal 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.
"Men's rights activists" in India state that the police and community rarely provides protection to men who have been victims of domestic violence. Out of fear of a dowry harassment complaint, men often submit to the abuse and remain in the marriage.
"Men's Rights organization" have also stated that the statistics regarding the number of domestic violence cases against women and dowry deaths in India are overstated.
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.
Father's rights
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.
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."
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.
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." Men 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 sharping rose 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.
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.
"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.
There is wide variance in parental leave provisions across 24 western countries, which are primarily European countries, Australia 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 occurs when a mother intentionally identifies a man as a biological father, who she knows is not the father.
Estimates in the United States have ranged that there might be as many as 800,000 incorrect paternity judgement 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 responsible for his wife's children no matter what, even if the child is not his own.
- Reproductive rights, Paternal obligation.
The woman's right to choose to have a baby or not, determines the father's obligation to pay child support for the child's life.
In India, shared parenting have been a concern since 2000.
Health
Some authors have argued that circumcision is a violation of men's right to health and bodily integrity.
Other items
According to the University of Pittsburgh, affirmative action is "predicted to lower the performance requirement for women and result in reverse discrimination towards men". Many "men's rights groups" lament the higher rates of admission for women at prestigious universities like the Massachusetts Institute of Technology
Includes the achievement gap between boys and girls at all levels of the education system, as well as the lack of male role models available in the education system. The proposed White house Council on Boys and Men (a counterpart to the existing council on women), would address the growing gap in high school graduation, college graduation, and advanced degree achievement in the US education system where the number of boys obtaining a complete education has steadily declined since 1981.
- Equal treatment and protection under the law
United States sentencing disparities. In 2011, California lawmakers, headed by state senator Carol Liu, implemented a policy to release female inmates who are parents, convicted of non-violent, non-sexual and non-child related crimes, which they have deemed “primary caregivers" despite not having custody due to being in jail. Robert Oakes, legislative director for Liu, stated about Liu's goal: “In crafting the bill, her intent was to single out female inmates with children...But that could not be done because of a constitutional ban against gender-based discrimination. So the phrase ‘primary caregiver’ was added to the bill.” The program is currently only being offered to women. It is believed that similar actions will be extended to men at some point in the future, although no date has been set.
- Immigration / Refugees
In Australian immigration policy a distinction is regularly made between women and children (often treated erroneously as equivalent to "family groups") and single men. The details are subject to current debate and recently failed legislation (August 2006) in the Australian Parliament. But for example in one recent case, former Minister for Immigration, Senator Amanda Vanstone, determined as follows concerning Papuan asylum seekers: "The single men on the boat would be sent to an immigration detention centre, but families would not be split up and would be housed in facilities in the community".
The men's rights movement has 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 reached the Supreme Court in 1981, they were supported by a men's rights group and the 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.
- Political representation
In the United Kingdom, where there is a Minister for Women, there have been calls for an analogous "Minister for Men". Lord Northbourne, who made the first parliamentary call for such in 2004, told the BBC that "if the government feels they need a minister to address women's issues, it should be the same for men." Northbourne's proposal was presented to the prime minister during prime minister's questions the same year. The proposal was rejected and Northbourne and others argue that such a minister is needed, pointing to a relatively poor standard of health for men, Fathers' rights, male suicide rates, and males under-performing in education compared to females.
In both the United Kingdom and the United States there is concern about the extent to which there may be false accusations of rape. Lenient sentences for false accusations and lack of anonymity for the accused are also concerns.
Sentencing for those convicted of making false allegations of rape in the United Kingdom is often perceived as being too lenient in comparison to the severe penalties imposed upon rapists.
In many jurisdictions, alleged victims of rape are given anonymity while this is not extended to the accused. The British government announced plans to grant anonymity to the accused but withdrew plans after criticism from campaign groups such as "Women Against Rape."
In most states in the United States it is possible to get a conviction for rape without corroborating evidence. Thus the issue of false accusations of rape is very serious.
- Social security and retirement
Previously, in some countries that award some form of social security or pension, women qualified for benefits earlier in life than men. However, this is currently being phased out. Australia and United Kingdom provisions are no longer offered to women born after 1955.
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.
In the United Kingdom, women's earlier qualification for State Pension has ended for anyone born after 1955.
See also
- Feminism
- Human rights
- Men's studies
- Paternal rights and abortion
- Parental leave
- Sexism
- Women's rights
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.
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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.
- Denniston, George C. (1999). Male and female circumcision medical, legal, and ethical considerations in pediatric practice. New York: Kluwer Academic/Plenum Publishers. p. 348. ISBN 0306461315.
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- Stephen Blake Boyd; W. Merle Longwood; Mark William Muesse (November 6, 1996). Redeeming men: religion and masculinities. Westminster John Knox Press. p. 17. ISBN 978-0-664-25544-2.
{{cite book}}: Cite has empty unknown parameter:|1=(help) - ^ Carelli, Richard (March 23, 1981). "Supreme Court to begin hearing male-only military draft case". Toledo Blade. Retrieved 12 November 2011.
- ^ Martin Binkin (1993). Who will fight the next war?: the changing face of the American military. Brookings Institution Press. p. 53. ISBN 978-0-8157-0955-8. Retrieved 12 November 2011.
- Cornell University Law School: Rostker v. Goldberg
- Kallenbach, Michael (2000-06-16). "Yesterday in Parliament". The Daily Telegraph. London. Retrieved May 5, 2010.
- ^ "FHM: For Him Minister?". BBC News. 2004-03-03. Retrieved May 5, 2010.
- Minister for Men. Hansard, UK Parliament. Retrieved November 24, 2011.
- "False rape complaint case that split a small community." The Guardian. January 28, 2011. Retrieved November 24, 2011.
- "Rape charge anonymity pledge dropped." BBC News. July 26, 2010. Retrieved November 24, 2011.
- Anderson, Michelle (2004). "The Legacy of the Prompt Complaint Requirement, Corroboration Requirement, and Cautionary Instructions on Campus Sexual Assault". Boston University Law Review. 84.
- Are you a member of a couple? Centre Link. Retrieved November 24, 2011. "You will be regarded as a member of a couple if you usually live with your partner and are: married in a registered relationship (opposite-sex or same-sex), or in a de facto relationship (opposite-sex or same-sex)."
- Eligibility Centre Link. Retrieved November 24, 2011. "You may be eligible for Widow Allowance if you are a woman and you have become widowed, divorced or separated (including separated de facto) since turning 40 years of age".
- State pensions. ASA / Advicenow 2008. Retrieved November 24, 2011.
External links
Bibliographic
- The Men's Bibliography, a bibliography of writing on men, masculinities, gender and sexualities, listing over 16,700 works - primarily from a constructionist perspective
- Boyhood Studies, features a 2200+ bibliography of young masculinities.
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