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Category Archives: Equality

Parental (and paternity) leave is a feminist issue

The Irish Times this week, followed en masse by other papers and mainstream media outlets, breathlessly rushed to report that 2 Irish MEPs were the MEPs with the worst record of attendance at voting sessions of the European Parliament in Strasbourg. What they didn’t manage to initially include in the story, and which transpired over the course of the day that the story broke, was that one of the MEPs (Brian Crowley) has been unable to attend at all as he’s ill, and that the other, Luke ‘Ming’ Flanagan, has needed to be at home with his wife, newborn baby, and other children. His wife has also been ill, in addition to having all the intensive, non-stop demands of a newborn to contend with. As at the time of writing, the Irish Times has run four separate follow-up pieces by Suzanne Lynch, all focusing on Ming’s ‘dismal voting record’, how he should suffer financially for it, and should Irish MEPs (and by obvious inference Ming) have even bothered to run at all if they were going to let down the electorate like that by non-attendance through having the nerve to have babies and families that need caring for? In one piece, Lynch attempted a mealy-mouthed pretence at recognising the fact that Ming was at home, caring for his unwell wife and their newborn baby as well as their other children, calling this ‘mitigating circumstances’, claiming that “[n]o one is suggesting [his need to take paternity leave] should elicit anything less than complete empathy” while immediately following this up by suggesting that his low attendance “while drawing full salaries raises the question as to whether Ireland’s MEP system is fit for purpose.

No, actually, that’s exactly how parental and paternity leave systems SHOULD work. Nobody should be financially penalised for having a baby. (This is not a conversation about whether people who are supposed to be representing the public should be paid as much more than the majority of that public than they are, though that’s a conversation worth having too.) Nobody should be forced to attend their workplace immediately after the birth of a child for fear of losing their job – or indeed, as in the Irish system and in this instance, depending on the time of the birth, DURING the birth of a child. (In Ireland, because there is no entitlement whatsoever to paternal leave, new fathers are reliant on their holiday leave and employer’s vagaries to be able to be present at the birth of their children should that birth be during working hours, as well as to be home with their partner and newborn in the time after the birth.) Nobody should have their absence from their job as the result of the birth of a child and needing to be at home to care for that child, their unwell partner, and their other children reported in the national media and the subject of this kind of intense and judgemental scrutiny. No man should be expected to abandon his sick partner for her to provide alone the kind of intensively demanding all-around-the-clock care that a newborn provides, in order to show up at a place of work. And certainly no sick woman should be left alone to care for a newborn without the support she has a right to expect from her partner in creating that newborn, as well as support in caring for herself and her other children. What kind of barbaric social system would demand that?

Only, of course, the one we live under; a horrible combination of capitalism and patriarchy, which holds ‘work’ (meaning, of course, paid work, done outside the home, not something as petty and gendered as simply bringing a child into the world, caring for its every need, raising it as a moral being and seeing to its needs around the clock) as supreme; as an unquestionable overlord to be served without regard to personal needs and circumstances. “Doing your job”, in this paradigm, is paramount, and excuses everything from the actual killing of another human being to being expected to abandon one’s partner, the person one is assumed to love and honour above all others, to the 24/7 backbreaking work of caring for a house full of children (one a newborn) alone. And sure if you’re paid enough can you not just pay someone else to do that caring nonsense for you?

At no point in any of this coverage has the fact been mentioned that no Irish political representative – whether at local government level, at national level, or European level – has ANY right to any parental leave, whether that be paternity or maternity leave. It took Nessa Childers on Twitter to do that first. Nor did any of the coverage point out that while it’s “only one session a month” (as many on Twitter appeared to enjoy very much repeating), that “one session a month” extends to four consecutive days, and there are no direct flights between Dublin and Strasbourg, meaning this “one session” could very well in fact have demanded a full week every month away from Ming’s wife, newborn baby and other children. Even if his wife weren’t unwell, this would be an utterly unreasonable burden of care to lay on a woman who has just become a mother all over again. The blanket and unquestioning expectation apparent in not only the mainstream media coverage, but also the majority of the Twitter commentary on this, that if she weren’t sick (and in some cases that even though she is; and in yet some more, even more deplorable ones, that somehow they have the right to know HOW sick she is, and why, and since when, and why didn’t they know earlier), that he should have abandoned her, their newborn, and their other children, to the almighty power that is Work, is frankly sickening. A father should have the right to be with his newborn, just as a mother should have the right to not be the enforced sole, isolated carer of her newborn simply because its father needs to worship at the altar of Work. One of the most telling things of the coverage of this whole (non) issue is that there hasn’t been a single piece which can point to any of the votes he missed and name it as a topical one, as one that’s relevant to Ireland’s interests, or indeed one of those missed votes of his as having had any possible impact on the outcome if he had attended. Why isn’t that what’s being questioned as being a broken political representation system, rather than his having needed to take time to be with his family?

It is not possible to expect to see, and argue for, women’s participation in politics and public life rising from its current dismally low level, while also creating a society which excoriates men for taking up their part of the caring responsibilities that having a family entails. Perpetuating the idea and the necessity that only women can have space to do that not only condemns women to unpaid work in the home but also does not allow for space to honour that work; which has the potential to be beautiful, rewarding, and thoroughly worth doing. The work of caring for and raising a child is every bit as important to society, if not more so, than paid attendance at a workplace.

Sometimes people with babies need to be with those babies. Sometimes people with sick partners need to be with those sick partners because that’s what a partnership looks like. (It’s definitely what my partnership with my husband looked like when I was having an absolutely hideous time after our daughter was born, suffering from intense and unexpected postnatal depression, and would absolutely fall apart when he needed to be out of the house for even an hour, let alone travelling to another country for a full week.) No society that is worth living in should seek to punish or castigate its members for so doing.

A duty to reproduce: Modern Ireland is a sci-fi dystopia for women

In an episode of Battlestar Galactica called “The Farm”, Starbuck gets shot during a raid on Caprica and loses consciousness. She wakes up in a hospital, where it turns out that the cylons have a lot of human women hooked up to “baby-machines”, because they can’t reproduce themselves, so they’re trying to reproduce with humans. The human women are used as incubators and the cylons are of the view that they have a duty to reproduce. The cylon doctor tells Starbuck how women of reproductive age are very “precious commodities.” The agency of the individual does not matter – they are merely vessels. Vessels do not need to consent. The women hooked up to machines for the sole purpose of reproduction are, in this case, science fiction, and it’s pretty grim.

As I type this, there is a woman who is clinically brain dead but being kept alive on life support against her family’s wishes solely due to the fact that she is pregnant. The trauma that her family is going through now does not bear thinking about. I have lost a close family member in terrible circumstances, but I cannot imagine what it must be like to endure the heart-breaking pain of deciding to switch off a life-support machine. The trauma of it is surely enormous.

A next of kin is generally legally entitled to make a decision regarding treatment where a person can no longer consent. This family has concluded that the best course of action for this woman would be to withdraw life support. The medical staff cannot grant this request due to the constitutional right to life of the unborn: the right of an early stage foetus to be gestated potentially supersedes a woman’s right to dignity in death.

The state and the law of Ireland views women as vessels. In Ireland, once we are pregnant, we are no longer agents of ourselves. We do not get to decide whether we should or should not remain pregnant. Our thoughts, our feelings, our mental health does not matter. Our ability to parent does not matter. Our poverty does not matter. Our right to die a natural death does not matter. Our dignity does not matter. Our physical health does not matter, because you must be at risk of death to have an abortion. This is the outworking of the 8th Amendment. The state is unapologetic in this. The only time in which a pregnancy may be ended lawfully through termination is when there is a risk to a pregnant person’s life. The life of the foetus is what matters: continuing the pregnancy at all costs is what matters. If a pregnant woman is deemed to be suicidal, and like Ms. Y, wants an abortion, the pregnancy will be ended not through termination, but by an early caesarean once it is viable. To the state, ultimately, we are simply wombs with irrelevant thoughts attached.

The woman on life support in Mullingar, due to being clinically brain dead after suffering brain trauma, is being treated as an incubator for her foetus. There are people arguing for her to be kept alive for months so that her foetus may be born, and then turn the life support off – for them, she serves no purpose beyond this pregnancy. Her family now intend going to court to ask, in the name of compassion and human dignity, that her life support machine be switched off. There is no predicting what the courts will decide.

Will Article 40.3.3’s requirement to vindicate “the right to life of the unborn” in so far as is practicable require doctors to keep a clinically dead woman alive artificially in order to incubate it until it can be delivered? It is the crux of the case. It isn’t clear what stage the pregnancy is at (Reports have varied from 16 weeks to 20 weeks, with Joan Burton stating during Leader’s Questions today that it is at a “relatively early” stage), but while the 8th Amendment remains on the books every single case that presents such as this one will mean a trip to the courts for a family, because there will never be a clarity on what is practicable and what isn’t. Is one week practicable or twenty? You cannot legislate for every potential case.

We do not need another inquiry and report to tell us that the 8th Amendment still leaves medical practitioners with a lack of clarity as to what to do in these situations, or to tell us there is lack of clarity on whether it’s the pregnant woman’s rights or that of the foetus that will prevail. Leaving a pregnant woman hooked up to a machine for the sole purpose of incubating a pregnancy for possibly twenty weeks, in the absence of her next of kin’s consent where she has no capacity, does not uphold her dignity. It does not uphold her right to die a natural death. It does not allow for her family to consent when she cannot. It is inhumane, but her womb is a “precious commodity.” They wouldn’t do it to a dog.

This is the constitutional law, and while the law is designed to treat women as vessels we will always have the hard cases that fall outside of the scope of legislation. We will have more women in desperate situations. More Savita’s, Ms. Y’s. More A’s, B’s and C’s. More Ms. D’s. More Ms. X’s, and more women hooked up to machines because the state does not afford them or their next of kin the capacity to consent for themselves because their wombs are too precious a commodity to risk allowing them control over. This isn’t science fiction, for women, modern Ireland is dystopia enough, and there is no need for machine overlords, while catholic conservative values dominate policy on this issue.

#Repealthe8th

 

 

Those who can, teach. Those who can’t, complain about teachers.

Those who can, teach. Those who can’t, complain about teachers.

The Irish media has been clamouring to give voice to beleaguered parents and concerned citizens condemning today’s teachers’ strike. Some of those commenting on the ASTI and TUI decision to picket seem to be under the impression that teachers are just obstreperous babysitters who live a cosseted existence, overpaid and underworked, doing an easy job that a monkey could do in their sleep – except these monkeys are particularly greedy. The reality of this couldn’t be further from the truth and there is far more to teaching than standing in front of a classroom from one end of the day to the next.

Teaching is a profession that’s viewed with an almost unique level of disdain in some quarters. The phrase “those who can’t do, teach” might be used in a self-deprecating manner by some teachers but it’s something that genuinely appears be the core mind-set underpinning the criticisms of the strike. Texts are being read out on Newstalk from critics saying “these teachers are only afraid of doing more work with no extra pay,” as if teachers should be martyring themselves and teaching for free, for the pure love of imparting their knowledge to students, as if instilling a love of learning in pupils should be reward enough in itself. It’s probably only teachers and nurses that are consistently faced with the attitude that serving others should be compensation enough and it’s no coincidence that it’s a female-dominated professions that bring out comments such as that. The Minister herself isn’t immune from subtly making that same criticism, even though the strike isn’t actually about the rate of teachers pay. But even if it was, who could blame them? Why should teachers do more work for no extra pay?

Reform of the Junior Cert is badly needed. Students who are 15 years old shouldn’t be faced with exams of that intensity. The only thing I even remember about my own Junior Cert is that I bluffed my way through the English Paper 1 and wrote an essay that had something to do with Paul Weller and me on bikes in Drogheda, that a bottle of Sunny Delight leaked in my bag during the history exam, and that the horror of the whole exam experience provoked an episode of insomnia and sleeping difficulties that I’ve never fully shaken off.

Everyone agrees that the JC needs radical changes, and the elements of project work and continual assessment that are being incorporated should be welcomed. But when the people who are being expected to implement these reforms object on the basis that there is no best practice or evidence to support the claims being made by the Minister for Education Jan O’Sullivan, and further that there are issues around the resources being given to support them to implement the reforms, then they should be listened to. No matter how much a media and public given to teacher bashing would like to paint this as ultimately being a pay dispute, the crux of the strike is about who actually marks the Junior Cert papers. The Minister for Education allegedly believes teachers marking their own pupils is, educationally speaking, best practice for students. The Minister has moved from saying that internal marking 100% of the time is best, to saying that 40% internal marking will do, for the purposes of getting the reforms through. It’s unclear how much money will be saved in not paying other teachers to mark the junior cert papers but it’s a substantial amount given the sheer number of students involved, and the research or evidence that the Minister is basing her claims on hasn’t appeared thus far.

There are clearly difficulties in Ireland in making teachers mark the papers of their own pupils in a high stakes exam. That’s not to say that teachers are unable to mark the papers in the same way they would with other exams and tests they set for their classes, but to point out the difficulties that present in a state where schools are controlled by completely unaccountable boards of management and very often securing employment is based on who you know. There are teachers in Ireland who are as precariously employed as a person working in McDonalds on a temporary contract because they can’t get anything other than covering someone else’s maternity leave, and then four hours a week subbing when that teacher returns to their permanent post. Teachers may not cave to pressure in exam marking, but they will certainly come under it. In many cases, the students’ marks will be as high stakes for the teachers as the students themselves.

Teachers might not actively attempt to mark students unfairly (although I wouldn’t afford the benefit of that particular doubt to the teacher I had for Junior Cert geography) but there is evidence to suggest that teachers can be influenced by irrelevant factors in marking such as gender, socio-economic background, effort and behaviour of pupils. They are only human. Many teachers are now engaging in what could more accurately described as crowd control rather than education as a result of consistent severe cutbacks to school budgets and resources by this government. It is completely unreasonable to expect them to teach their class and mark their own students’ exams in an unbiased manner while not being offered adequate training to carry out what is envisaged in the marking scheme, or even enough training to actually deliver reforms to the curricula that they actually agree with; Not to mention that teachers will be expected to continue doing all of the extra-curricular work they do for free, like teaching the choir, or coaching the camogie team, or giving extra-lessons to struggling students in their own time while being continually demoralised by a government that doesn’t value what they do.

The Minister is quick to point out how other states assess students at that level fully through internally marked exams, but they are different school systems. The 26 Counties has one of the highest pupil-teacher ratios in the EU. Thousands of students spend the duration of their school life in cold, damp, mouldy prefab buildings. There are teachers who have never taught in anything else. Schools have had 1% cuts to capitation grants every year for the past three years while pupil numbers have increased. More students with special needs assistants are attending mainstream schools than ever before, so the Department of Education changed the rules to make it harder for them to get special needs assistants to support them in the classroom. Qualified special needs assistants were let go and some replaced with Jobbridge interns. The Department recognised that there are high levels of mental health issues among students in schools and introduced suicide prevention guidelines. However they took away guidance counsellors in schools with under 500 pupils who have ordinarily supported students with anxiety and mental health difficulties, leaving teachers to fill this role. Teachers who can’t secure permanent positions are told to apply for Jobbridge internships and do the same job as their peers for their unemployment benefit plus €50 extra a week. Schools make up the funding shortfall by increasing the so-called “voluntary” contribution that parents must pay. Teachers then have to deal with stressed parents who cannot afford to pay this because the Credit Union won’t lend them anymore money or because St. Vincent de Paul have already paid their electricity bill for them this month and they can’t ask for more.

This is what our teachers deal with on top of teaching. It would benefit us all to recognise the importance of their work and the pressure that they are under right now, and for the government to address the decimation they’ve inflicted on the education system before they go introducing a new system based on research that may or may not exist, that they in no way have the capacity to deliver. This is why we should support the teachers’ strike  – despite the media driven hysteria.

On RTE’s Disrespect and the Camogie Final

porcelainivorysteel's avatarPursued By A Bear

Today I watched the All-Ireland Camogie Final between Cork and Kilkenny. It was a fantastic game, with great skill on display from both sides and all the high-octane drama you associate with the sport. A great occasion, all in all, and Cork proved worthy winners in the end. This was, however, no thanks to the media coverage, and RTE’s handling of the event in particular.

I tweeted earlier today, wondering why there’s no Up For The Match programme on the eve of the camogie final. I mean, we all *know* the reason, but does it have to be so? The inevitable retort would probably be something along the lines of, “well, the level of interest isn’t there”, or “the game isn’t high-profile enough”. Sorry, but that’s not good enough. The game isn’t high profile enough, you say-do you see how you could easily remedy that? Give the game the platform…

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To them, we are nothing but vessels

A young non-Irish woman with limited English and precarious residency status, discovered she was eight weeks pregnant as a result of what the Sunday Times have reported as a “traumatic rape.” Due to her legal status in Ireland she could not freely travel abroad in order to access an abortion so immediately applied to have a termination in Ireland under the new legislation, stating that she was suicidal at the prospect of carrying the foetus to term. Like Savita Halappanavar and Bimbo Onanuga, she is another woman from outside of Ireland who has been completely failed by the Irish medical system.

Three doctors declared that the woman was suicidal under the panel formed under the Protection of Life During Pregnancy Act in January. The legislation states that medical practitioners may authorise an abortion where “there is a real and substantial risk of loss of the pregnant woman’s life from a physical illness or by way of suicide” but they must have “regard to the need to preserve unborn human life as far as practicable.” The Act does not set out timelines during which decisions should be made by these panels, or when abortions should be performed if granted under this law. To insert a timeline in that law, giving the applicant some clarity, would have been too generous a gift for the women of Ireland by the Irish government. The panel of three doctors said that despite the fact she was suicidal, it would be better to wait until the foetus was viable for delivery instead of performing an abortion. She went on hunger and liquid strike in response. People do not enter in to hunger strike lightly; It is a last resort attempt by people seeking redress when the politics of despair have left them with nothing else to fight with but their own bodies.

The HSE in turn, sought an emergency order at the High Court on the 2nd of August which would allow it to forcibly hydrate the woman on the grounds that they wanted to protect her life and the life of the foetus which she did not wish to carry. It further sought orders that would allow them to carry out other procedures related to her pregnancy. The woman was represented by her lawyers, and the foetus was also represented by its own legal team. The Irish courts have already stated that it is a medical practitioner who is entitled to make decisions concerning the pregnancy, and not the woman herself. The law goes far beyond preventing a pregnant woman from having an abortion in circumstances where her life is not at risk. The Irish law is designed so that a person who is pregnant no longer has any say over what happens their body whether it concerns continuing the pregnancy itself, the location in which you wish to give birth or whether you will hydrate yourself or not.

Last month in Geneva, the chair of the UN Human Rights Committee said that Irish law on abortion treats women as a “vessel and nothing more.” Once you are pregnant in Ireland, you become property of the state and your own wishes are irrelevant.

On the 3rd of August, this young, suicidal rape victim, having gone through two court hearings seeking an abortion and an unknown number of medical interrogations by a panel of three doctors, underwent a caesarean section in an Irish hospital at approximately 24-26 weeks gestation. Preserving human life as far as practicable in their eyes required performing a c-section on a woman while she was around six months pregnant, despite the fact that she had been raped, was suicidal, had gone on hunger and thirst strike and had asked for an abortion repeatedly from eight weeks on.

The implications of this are horrifying. It has sent a clear message to women in Ireland that if you are suicidal and seek an abortion which you are constitutionally entitled to, you run the risk of medical practitioners compelling you to wait until the foetus is viable and then having a c-section forcibly performed on you. This woman was in a very vulnerable position given the multiple traumas she had endured. It is the stuff of nightmares. There are other women who are suicidal as a result of pregnancy and access abortion services because they have the means and support to travel. Some contact Women on Web and some contract the Abortion Support Network. Some will borrow money from friends. Those who don’t have internet or phone access to make appointments or ability to leave the country, or money to pay, and will take other steps. Some will borrow from money-lenders, others might throw themselves down stairs. But those who are pregnant and suicidal will not go to these panels, the risk is too great.

We do not know the full facts of this particular case because the media are restricted from reporting in full. However, we do know that the Protection of Life During Pregnancy Act has not resolved the issue of not being able to access an abortion even if you are suicidal in Ireland. Three doctors said this woman was suicidal, but apparently this was not the right kind of suicidal for the purposes of the Act, and because a c-section was available then she could have that instead of a lawful termination.

It begs the question of what type of ‘suicidal’ will allow you to have a legal abortion in this jurisdiction and as long as the Eighth Amendment remains in the Constitution, there will be women travelling, dying and undergoing forced c-sections for want of an abortion within Ireland. There is no clarity as to what the scope of “practicable” actions are in order to prevent a woman from having an abortion under the cloak of “protecting the life of the unborn.”

Years ago, I had a conversation on facebook with someone who was anti-choice and was quite forthright in his views that women should be prevented from having abortions at all costs, even if they were suicidal and it required locking them up in specially designed pregnancy gulags under 24 hour suicide watch. It is a frightening vista but not totally unrealistic. Those on the anti-choice side will of course say the term “gulag” is hysterical, but if you were a pregnant suicidal rape victim, who wanted an abortion, and was in hospital on a court-ordered drip having an effectively forced c-section under threat of a court order, faced with the prospect of a 14 year jail sentence if you induce your own miscarriage, it just might feel pretty gulag-esque. You just might even etch “Nolite te bastardes carborundorum” on a wall.

To them, we are nothing but vessels.

Repeal the 8th.

Tesco and the myth of corporate social responsibility

Tesco’s latest charity drive aroused controversy on social media this week after giving customers small blue tokens for each purchase that they could then place in one of three clear boxes for a charity . Every six weeks the Tesco branch will divide €1,000 between the three charities according to how many blue tokens they have in their pot. The idea is nice; you can buy over-packaged food and some local group will benefit from your hardening arteries. Each branch of Tesco was allowed to pick the charities, and that women’s refuges received less money than animal sanctuaries as a result of consumer’s choices caused a bit of a stir.

It won’t come as a shock to anyone who has had even the slightest interaction with liberal types, that it’s fairly common that people give charitable donations to animals before people in need. It’s also fairly common for people to look at this type of scenario and say “Well at least there was a women’s refuge you could donate to” in the range of the deserving poor according to Tesco – and this post does not aim to condemn the people who hold that view. In a climate where the state is engaged in a mission to complete the wholesale abandonment of service provision to people in need, organisations will step in. The organisations who have stepped in to provide services were the state has failed, require funding, and it is very difficult for the people running them to refuse money where it is going spare. That’s not to say that NGOs and service providers should accept donations from any old capitalist multinational regardless of where it comes from or how it’s raised, merely to acknowledge that principles are all very well and good when you can afford to have them.

And while I’m deeply suspicious of people who campaign for the rescue of dogs in the streets before, say, looking for housing for homeless humans in the streets, there is a more important discussion to be had here, and that concerns the absolute myth of corporate social responsibility, and the belief in the idea that charity will solve the social ills of the world when in many cases the reality is that its continued existence doesn’t do anything but further exacerbate those ills. I hold my hands up and say I don’t have the answers to any of this (apart from smash capitalism and patriarchy obviously). Charitable endeavours much of the time are a sticking plaster for the injurious nature of capitalism. Yes, they hold people together, but dependence on state funding very often results in gagging them from articulating just how bad things really are.

Tesco may like to seem nice and cuddly because they are big outfit and they donate money to a women’s refuge, but we as a community need to acknowledge that the women’s refuge needs money because the state will not provide it in the first place. Putting aside for the moment another long but necessary discussion bemoaning the fact that we wouldn’t need women’s refuges if men would keep their fists to themselves, the state will not provide the funding needed, partially because corporations will not pay large sums in corporation tax which could be funnelled in to service provision. Many women are forced for to remain in situations of domestic violence simply because they cannot afford to leave. Poor women find it more difficult to escape domestic violence and I would be willing to put money on the fact that there have been people employed by Tesco sheltered in women’s refuges before – they only pay €9 per hour to their customer assistants, just above the legal minimum wage in the state. Perhaps if women were paid a little bit better, they would have more options other than underfunded domestic violence shelters when leaving abusive relationships.

Which children’s charity will criticise Tesco for making it cheaper to feed children rubbish high-sugar food when it could potentially one day be Tesco’s charity of the year? NGOs are regularly prevented from being overly critical of governments when they depend on state agencies and statutory bodies for funding to do their work. When state funding is becoming thinner and thinner on the ground, corporate social responsibility philanthropic programmes will inevitably make it more difficult for organisations to criticise the actions of businesses that make their existence necessary in the first place.

The Tesco website has a statement on corporate responsibility:

“As Ireland’s leading retailer, our stores serve a large number of communities throughout the country. Our interaction with these communities reminds us daily about our responsibilities as an employer, as a business and as a good neighbour…”

Of course, we know this is nonsense. Capitalist companies having corporate social responsibility because they care about the communities in which they are located, is a myth. As this Forbes piece shows, corporate social responsibility in the form of charitable donations is useful for businesses because it means more profits. Business energy efficiency = lower energy costs = increased profits. The caring business is a complete fallacy.

The Forbes article also describes how New Perimeter are a nonprofit law firm established by DLA Piper providing pro bono legal assistance in developing and post-conflict regions. What Forbes left out, is that DLA piper entered a partnership with Brazilian law firm Campos Mellos Advogados in 2010, who handled and encouraged Brazilian real estate deals for the building of infrastructure for the World Cup 2014. The same World Cup where the building of infrastructure necessary for it to take place left 250,000 people homeless.  DLA Piper and Campos Mellos Advogados have also sent lawyers to Israel to encourage and promote commercial ties with Israel. So DLA Piper staff donate their time to New Perimeter and get to feel warm and fuzzy on the inside while their paid employment is to perpetuate other people’s misery. Caring corporate social responsibility does not exist.

After protests during the past few weeks across Ireland calling for an end to the Israeli offensive in the Gaza strip, Tesco announced that it would no longer stock fruit that came from illegal Israeli settlements. However Tesco has failed to clarify how it is going to differentiate between food from illegal Israeli settlements, and food from outside of them, or whether their boycott will extend to food packaged in illegal settlements but not necessarily grown there. It is a far cry from the BDS campaign that calls for a boycott of all Israeli products until Israel upholds international law. Tesco has form when it comes to being sketchy as to where supplies come from, but it got the nice headlines about Israeli fruit and got to talk about their responsibilities as an employer and neighbour at a time when they knew it was politically popular to do so, while still actually stocking Israeli produce.

So Tesco in Cabra might donate €300 to a women’s refuge in a few weeks, but will probably continue to stock Israeli produce and profit from the violation of rights of people in Palestine, and the actual murder of Palestinian women in Gaza.

Businesses engage in PR exercises that present a facade of social responsibility when their actual business practices are wildly different to what they portray, but it makes liberals feel good about their engagement with capitalism. Buy more stuff. Put another blue token in the box. Save a puppy, and so on. When the motive of an action is profit, there can be no such thing as corporate responsibility, it merely serves to legitimise neo-liberal economics and exploitation, and a few bob to the local women’s refuge won’t change the fact that it capitalism contributes to the need for funding for refuges in the first place.


Who is most at risk due to ‘Care’ in our Maternity services?

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Stop silencing women

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This is for mainstream feminists, women’s organisations, liberal feminist journalists, and groups who rely on research and government funding that real, truth-telling women might put in peril. Include us, not as stories to drop into your fluffy PR campaigns, but in real ways, even though this will mean accepting our criticism. Especially because of that.

Stop talking about us like we’re not in the room, or positioning yourselves as saviours instead of service providers. Stop dominating the discourse. Stop shutting down dialogue about the use of court fines as a funding stream, as if none of our voices matter. When you speak for us, you silence us, and then insist you’re doing the opposite. That contributes to our feeling revictimised, and you won’t even listen enough to hear that.

Don’t speak for us, and don’t divide us into categories that make certain groups of women seem like less-surprising victims. Don’t feed the beast that feeds off “some women” narratives by validating it. This has nothing to do with what kinds of women we are, and everything to do with abusers, who thrive in a system that colludes with their violence against us. Use your platform to turn the conversation around. Stop making abusers into invisible monsters when they are people we know.  It isn’t a cancer, it’s a crime. You cannot fight for justice when you speak in the passive voice.

Don’t conflate us with “mothers” or say things like “it could be your mother or your sister”. Don’t place our value in relation to others just because that’s an effective way to communicate with people who otherwise think we aren’t worth much. Insist we are worth something on our own terms, and accept nothing less. Otherwise you are validating misogynistic narratives about women’s humanity that prioritise some imaginary woman in the future who will be served by the funding it generates, and not the real, present women who need solidarity right this minute.

Stop running campaigns about what “real men” do or don’t do, and resorting to oversimplified essentialised categories and gender binaries that you wouldn’t let slide in a Sociology 101 class. Stop being afraid to talk about the patriarchy for fear of alienating it, and stop sanitising violence and its effects with a balloon-filled purplewashed media strategy. Stop pretending race, class, and sexuality have nothing to do with it. Respect us enough to know that we’re not too stupid to be political.  We need you to use your influence to insist that we are too valuable to be collateral damage in a political war that aims to prevent our liberation.

You’re forgetting that we see the messages you send, too, and even if they help you get your funding, they hurt us. Let us be people, with dignity, no matter how unlike perfect victims we are. The images and narratives you present do not help victims of domestic violence identify ourselves; we can’t identify with perfect victims, only with human ones. If what gets you funding is actively hurting us, why aren’t you dealing with the root cause of that? And if you are addressing it, why aren’t we included?

Let our stories be told with all of their truth, and amplify our voices instead of setting the terms for the telling. Demand that we be treated with dignity that is not conditional, no matter what uncomfortable details are in our stories. Build on those stories to insist that our worth not be dependent on the people who depend on us, or on the bullshit respectability we otherwise have (or don’t have) in our communities. Whatever it is you’re doing right now, it isn’t this.

Don’t speak for us, or force our stories to be honed carefully for your PR and marketing strategy. It isn’t just about getting women into refuges and helping us “survive”. If that’s all you want for us, then that’s not good enough. If you want more for us, then include us. Stand with us, noisily, and not quietly over us. Let go of your balloons, and smash the patriarchy instead.

A Statement of Trans-Inclusive Feminism and Womanism

If you haven’t added your name to this, please do. It’s incredibly important.

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We are proud to present a collective statement that is, to our knowledge (and we would love to be wrong about this) the first of its kind.  In this post you’ll find a statement of feminist solidarity with trans* rights, signed by feminists/womanists from all over the world.  It is currently signed by 790 individuals and 60 organizations from 41 countries.

The statement can be found here in English. It is also available in French, Hungarian, Norwegian, Portuguese, Russian and Serbo-Croatian.

The complete list of individual signatories is available here, or alphabetically or by country. The signatory list of organisations and groups is available here. We would love it if you signed it too. You can either use this form, or email us, or post a comment on this post or on the statement.

Our continued thanks to everyone for your support.

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On law and “Lose the Lads’ Mags”

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So last week UK Feminista and Object issued a joint press statement, announcing they’d received legal advice that women working in shops that sell “lads’ mags” may be able to sue their employers for sexual harassment or sex discrimination. A number of bloggers have already given incisive critical responses, and I’ll particularly point you in the direction of Stavvers from Another Angry Woman, Gemma Ahearne from plasticdollheads and Jem and Carter from It’s Just A Hobby.

I’m coming to it a bit late myself, but that’s because I was hoping to be able to base my response on the legal advice the two groups received. I should have been able to base it on that legal advice – or at least a summary of it – according to this snippet from the press statement:

UKFemail

So, last Monday evening I sent them this email:

UKFemail2

By Friday morning, I hadn’t heard anything so I followed up with this tweet:

to which I unfortunately have had no reply, though they’ve been active on Twitter since then and have responded to other people’s tweets. So either they aren’t really making the summary available, or they’re being very selective about who they make it available to – which raises its own questions.  The press release (and the corresponding Guardian letter, signed by a number of British lawyers) are fairly clear about what they believe to be the legal basis for action – the Equality Act 2010 – and how they think the shops may fall afoul of it by selling lads’ mags, so I have to wonder what exactly is in the summary that UK Feminista are holding back.

The Guardian letter makes reference to “examples of staff successfully suing employers in respect of exposure to pornographic material at work”, so perhaps the advice contains actual details of those examples, and maybe unsuccessful attempts as well – which would be useful in assessing what criteria are needed to make out an actual case of sexual harassment or sex discrimination. You’ll notice that the letter is carefully couched in equivocal terms – sale and display of the magazines “may” breach the Equality Act; “is capable of giving rise to breaches”; “in some cases”. I’m not sure those caveats come across as clearly in the press release, in which Kat Banyard announces:

The good news is that customers and employees don’t have to put up with it any more. Legally as well as ethically, lads’ mags are well past their sell by date.

As Carter and Stavvers pointed out, the effect of such an unqualified assertion could very well be to mislead some shop workers into thinking they have a case when they don’t – and that could have disastrous consequences for their job security if they were to act without benefit of proper legal advice. As an occasional campaigning-group-press-release-writer myself, I understand that bold statements make better copy, but I wish they’d given some consideration to the fact that there are actual jobs at stake here which most of these workers can probably ill afford to jeopardise. A certain amount of responsibility has to go along with imparting legal advice, whether it’s your own or somebody else’s. And I don’t think that’s a very responsible statement for Kat Banyard to make.

As to the legal advice from the lawyers – or at least, what I’m able to see of it – all I as a non-British-lawyer can do is look at the statute and the case law. The Equality Act 2010 prohibits direct and indirect discrimination, the latter applying where

A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B’s

… “sex” being one such protected characteristic.

There’s another section about Sex Equality (Section 64) but it deals with pretty much what it says it deals with, i.e., equal terms and conditions of work. Which would certainly be breached if female employees were singled out for sexual harassment, and may be the reason the letter and press statement refer to discrimination and not just harassment alone. On the other hand, they may be applying the Catharine MacKinnon notion of pornography itself as a discriminatory act – what she described in Only Words as “subordinating women through sex”. The problem with this is that it rests on a series of assumptions which would all need to be accepted for this approach to succeed: that lads’ mags are pornography; that pornography does subordinate women; that the impact of this is sufficient to overcome the rights of the publishers to produce, the stores to sell and the buyers to purchase these materials. It’s not a terribly solid foundation to build a case on, which I imagine is why the letter mostly just highlights the harassment angle.

So let’s turn to that. Under Section 26 of the 2010 Act, harassment occurs where:

(1)(a)    A engages in unwanted conduct related to a relevant protected characteristic, and
(b)  the conduct has the purpose or effect of
(i)violating B’s dignity, or
(ii)creating an intimidating, hostile, degrading, humiliating or offensive environment for B.

(2)A also harasses B if—
(a)A engages in unwanted conduct of a sexual nature, and
(b)the conduct has the purpose or effect referred to in subsection (1)(b)

I don’t think you have to agree with UK Feminista and Object to understand, in theory, where they see the lads’ mags fitting in here. But it’s important to read the section in full, because it goes on to say:

(4)In deciding whether conduct has the effect referred to in subsection (1)(b), each of the following must be taken into account—
(a)the perception of B;
(b)the other circumstances of the case;
(c)whether it is reasonable for the conduct to have that effect.

What this basically tells us is that displaying and/or selling the lads’ mags cannot constitute harassment in and of itself – even if a shop assistant feels her dignity has been violated, even if, and I think it is rather a big if, the sale of the magazines is what has given rise to the hostile or offensive environment she experiences. All the circumstances have to be looked at in the round, and each case will be judged on its own merits.

Which is why I really wish I had precise details of the cases the legal advice is based on. Most of the case law I’ve found predates the Act, though I don’t see any pertinent change from the previous law. There certainly are examples of successful actions against employers for exposure to porn in the workplace, but not in a context where the porn was a product being sold by the employer. So I’m not sure how much use those cases would be in the type of case we’re discussing here. For one thing, there is more scope for a conflict of rights here, since compelling an end to these sales would impinge on the publishers’ freedom of expression (as well as free movement of goods and services, if there’s any cross-border element involved). Given the huge deference that the ECHR and the EU give to member states to regulate sexually explicit material, I don’t think this would necessarily be the biggest legal hurdle, but it would be an additional one that wasn’t present in the earlier cases.

There’s also a strong possibility that the Employment Tribunals would distinguish between the circulation of images that are in no way related to a person’s actual work, and the sale of magazines by a shop whose business it is to sell magazines. I realise this has the whiff of “what did you expect when you took that job” and that can be problematic for a lot of reasons, not least that the people who work in these shops often don’t have a lot of alternatives. It is, nonetheless, a point on which the tribunals could distinguish this case from the precedents, and I think they’d be likely to seize on it. Unless women on staff are somehow being targetted for abuse with these magazines – in which case the issue really is the abuse and not the magazines themselves – I would expect the Tribunal to fall back on the “other circumstances of the case” provision. If it didn’t – if it held that a worker was sexually harassed by the mere sale and/or display of these magazines – then it would cease to be just an employment tribunal, and overnight would become a national press censor. This is just the type of scenario in which judicial bodies tend to put their hands up and say it’s up to Parliament, not them, to make that call.

I don’t entirely accept the slippery slope argument made by some other critics of the campaign. And again, this is because of the judiciary’s ability to distinguish between what might seem like analogous cases before it. It’s entirely possible, and indeed it happens all the time, that a court or tribunal will refuse to apply its own previous reasoning – not because it doesn’t follow logically, but because it would have undesirable consequences. If an Employment Tribunal did rule that a woman was discriminated against by having to sell Nuts, it doesn’t mean they’d then have to find a religious fundamentalist was discriminated against by having to sell Gay Times. Where the slippery slope might apply, though, is in the decisions made by individual shop owners or chains: if a UK Feminista/Object victory had the effect of emboldening other groups, as it surely would, pulling anything that causes controversy may well be the more desirable option from a commercial/convenience standpoint.

“Lose the lads mags” campaigners can’t pretend this is unlikely, either, because this sort of self-censorship is exactly what they’re aiming for. I’m not sure if they believe they could actually win a case, but they might have an impact just by threatening to bring one. How much of an impact remains to be seen (though I’m inclined to predict “not much”). One thing’s for sure anyway: just as a successful No More Page 3 campaign would still leave us with a vile rag called “The Sun”, losing the lads mags would still leave the women who work in these shops with a myriad of other problems – and dare I say it, more pressing problems, or at least they were more pressing when I worked in a shop – such as low wages, long hours, little or no job security and, yes, sexual harassment, the kind you can’t get rid of just by pulling a magazine from the shelves. I’d like to think that if they win this campaign, UK Feminista and Object will stick around to help these women fight to overcome those problems too. But I suspect they’ll just move on to the next sexy press release.