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[[Family law]] is an area of deep concern among men's rights groups. These issues vary from state to state and country to country. |
[[Family law]] is an area of deep concern among men's rights groups. These issues vary from state to state and country to country. |
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===Rights according to religious tradition=== |
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=====Islam===== |
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The [[Quran]] introduced rules on inheritance with certain fixed shares being distributed to designated heirs, first to the nearest female relatives and then the nearest male relatives.<ref>{{Cite book| last = Esposite| first = John L.| coauthors = DeLong-Bas, Nathan J.| title = Women in Muslim family law| publisher = Syracuse University Press| year = 2001| pages = 3–5| url = http://books.google.com/?id=MOmaDq8HKCgC&dq=islam+early+reforms+women%27s+rights+Esposito| isbn =9780815629085}}</ref>. According to the Quran, men are allowed to have multiple wives under certain restrictions, but women are not allowed to have multiple husbands. The Quran however discourages polygamy by saying 'do justice to them all, but you won't be able to, so don't fall for one totally while ignoring other wife(wives)'.<ref name=mizan>[[Javed Ahmed Ghamidi|Ghamidi]], ''[[Mizan]]'', [http://www.renaissance.com.pk/JunIslaw2y3.html The Social Law of Islam].</ref> |
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Awrah or Awrat (Arabic: عورة) is a term used within Islam which denotes the intimate parts of the body, for both men and women, which must be covered with clothing. Exposing the awrah is unlawful in Islam and is regarded as sin. According to Sunni interpretations, the awrah of a man refers only to the part of the body between the navel and the knees which must be covered when in public and also during prayer. This is opposed to the women's awrah which can change depending on the circumstances, such as prayer in public requires covering of the entire body except for face and hands or being amongst other women is the same as men's (covering from the navel to the knee).{{citation needed|date=October 2011}} |
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=====Christianity===== |
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The Catholic and Eastern Orthodox churches, and many conservative Protestant denominations{{who|date=October 2011}}, assert today that only men can be ordained—as clergy and as deacons although some Protestant denominations now ordain women.{{citation needed|date=October 2011}} |
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===Circumcision=== |
===Circumcision=== |
Revision as of 17:15, 20 October 2011
Rights |
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Theoretical distinctions |
Human rights |
Rights by beneficiary |
Other groups of rights |
Men's rights are the entitlements and freedoms claimed by boys and men.[citation needed]
Issues commonly associated with men's rights include, though are not limited to: property rights, reproductive rights, rights regarding marriage and divorce, alleged inequalities in domestic violence laws, and military conscription, inequity in the family court system,[citation needed] a lack of social support services for men,[citation needed] the decline of college enrollment among men versus women, and legislation like the Violence Against Women Act.[1][clarification needed]
Movements
The Coalition of Free Men, commonly known as the National Coalition of Free Men was founded in 1977. It has 22 chapters in United States and in chapters in 5 other countries.[2] The American Coalition for Fathers and Children was founded in 1995 by Stuart A. Miller and Dianna Thompson in an effort to provide a forum for discussion of male rights.[3]
The supporters of these groups are considered part of the men's movement, and go by the moniker of "men's rights activists," or MRAs.[4][5] supporters are particularly concerned with the effect of sexual harassment laws,[6] divorce,[7] custody, false rape allegations,[8] and Violence Against Women Act-type laws,[9] on men's rights and freedoms.
Structure
Like most social movements, those concerned with men's rights comprise a wide variety of individuals and organisations, both united and divided in various ways on specific issues including the mistreatment of men in the media, the abortion debate, family law, and false rape allegations.[10] Some groups are formally organised or incorporated, while others are casual alliances or the work of a few individuals.[11]
Although the vast majority of men's rights leaders and activists are men, there are many women[citation needed], including those in significant positions within the movement. For example, Sue Price and her husband, Reg Price, are co-directors of Australian Men's Rights Agency[12]. Naomi Penner was a women's rights activist in the 1960s who later helped to create the National Coalition of Free Men in America in 1981. B.N. Saraswati founded one of the earliest Men's rights groups in India. Two books written by a woman, Christina Hoff Sommers have highlighted a disparity in the feminist movement's active support for equality when seeking redress for women, but their lack of support for equality when men are disadvantaged.[13][14]
With the increasing abuse of Dowry Laws against men, in India the movement took the structure of demand of gender-neutral laws[15] The Save Indian Family Foundation (SIFF), is a registered, non-funded, non-profit, voluntary Non-Government Organization (NGO) headquartered at Bangalore, which engages itself in primarily creating awareness about what it calls "Legal Terrorism going on in the country under the garb and paradoxical veil of Women's Empowerment" through various methods like television shows on news channels, protests, road shows, press conferences, article publication, and online blogging. The organisation provides counselling support to the victims who undergo harassment or false imprisonment.
Men's rights in social context
Marriage and divorce
Legal and religious tradition dictated that rights to make decisions and take actions that influence both partners have lain with the male.[16][17]
Divorce
In 2003, a Malaysian court ruled that, under sharia law, a man has the right to divorce his wife via text messaging.[18]
Alimony
In the US, spousal support may be awarded regardless of gender. A legal precedent for gender-blind spousal support in the United States was made in Orr v. Orr,[19] 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.[20]
Circumcision
Male circumcision is the removal of the foreskin of the penis. It is considered by advocacy groups to be a euphemism for male genital mutilation.[21][22][23][24] The World Health Organization has estimated that 664,500,000 males aged 15 and over are circumcised (30% global prevalence), with almost 70% of these being Muslim. Prominent medical organizations, including the American Academy of Pediatrics, have stated that there is no reason for routine neonatal circumcision.[25] In the United States and Israel, circumcision has been traditionally performed at or shortly after birth; in the case of Israel, it is most often performed when the boy is eight days old in accordance with Jewish religious law. Advocates believe that men have a right to make their own decisions regarding such procedures.[26]
Military Conscription
These countries currently require only men for conscription into military service include but may not be limited to; Bermuda[27], Cyprus[28], Egypt[29], Finland[30], Greece[31], Mexico[32], Russia[33], Singapore[34], Switzerland[35], Turkey[36] and Taiwan[37].
These countries require a longer conscription period for men include but may not be limited to; Chad[38] and Israel[39].
These countries can enact a draft currently by law including only men include but may not be limited to; Germany[40], New Zealand[41], Serbia[42] and United States [43].
In the United States, the case Rostker v. Goldberg alleged that the Military Selective Service Act violates the Due Process Clause of the Fifth Amendment by requiring that men only and not also women register with the Selective Service System. The Supreme Court eventually upheld the 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.[44] The proposed Equal Rights Amendment in the United States might also have addressed single-gender Selective Service registration, but was never ratified into law.
Refugees
In Australian immigration policy a distinction is regularly made between women and children (often treated erroneously as equivalent to "family groups"[citation needed]) and single men.[citation needed] 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".[45]
Paternity leave
In the countries where parental leave is available, is often not distributed equally between parents. This can lead to fathers not being able to spend enough time with their children after birth. [46]
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.
"Widow Allowance" in Australia is awarded to women born before 1955, and with no recent workforce experience and low income and assets, a woman born before June 1, 1955, with no recent workforce experience and with low income if she becomes widowed, divorced or separated from a spouse or long-term partner.[47] This program has been replaced with bereavement assistance available to anyone.[48]
In the United Kingdom, women's earlier qualification for State Pension has ended for anyone born after 1955.[49]
Healthcare
Cancer
Slightly more men are diagnosed with prostate cancer than women are with breast cancer every year. However, spending on research in to breast cancer is significantly higher than prostate cancer, there are fewer available treatments for prostate cancer, government screening programmes are fewer and media coverage of prostate cancer is significantly lower. [50]
Equal treatment and protection under the law
Sentencing disparities
The United States Sentencing Guidelines prohibit the consideration of race, sex, and national origin in sentencing decisions. [51] David Mustard found unexplained race and gender disparities favoring whites and women. Women fared better than men in all specifications, and the gender disparity was usually much larger than the estimated racial disparities.[52][53] Gender effects are found in both drug and non-drug offenses and greatly exceed the effects of race and ethnicity.[who?] Unlike race and ethnic discrimination, the evidence is more consistent that part of this gap is due to different treatment of offenders based on their gender. Sentence lengths for men are typically 25 to 30 percent longer for all types of cases. Additional analyses show that the effects are present every year.[54]
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. However, the USSG prohibits gender in consideration for sentencing departures. 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.[55][56][57]
Rape laws
Because it is possible to get a conviction for rape without corroborating evidence the issue of false accusations of rape is very serious.[58] The exact prevalence of false allegations is unknown and is likely to vary widely. The topic has been studied in many scholarly investigations but the results have ranged from 1.5% to 90% depending on the methodology. Studies that review the evidence and report those that they can determine are conclusively false tend to find lower numbers while studies that ask the claimants to indicate if they have lied find higher numbers. More than half report a prevalence greater than fifteen percent.[59]
The prevalence of rape has also been of some concern as some belive that the statistics have been inflated and that this promotes a detrimental fear of men.[60][61][62] For example the popular statistic that one in four women will be raped in colledge comes from a study where three quarters of those categorized as rape victims did not think they had been raped.[63]
Sentencing for those convicted of making such allegations are often perceived as being too lenient in comparison to the severe penalties imposed upon rapists.[64]
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 a women's campaign group. [65]
Prison rape
Male prisoners in the United States and other countries are at considerable risk of being raped by other inmates and prison staff. It is sometimes allowed by prison officials as a form of corrective behaviour and is likely to go unreported. Additionally, the issue is often used a subject for comedy by the entertainment media. [66]
Reproductive rights
Spousal notification laws
In China the law states that a woman has no overriding priority over her spouse in deciding whether to have a child.[67] 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.[68]
Adoption
Until Hindu Adoptions and Maintenance Act (1956), the right to adopt children in India was reserved for Hindu men.[citation needed]
In Oregon 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. [69]
The male abortion
The male abortion, sometimes called a "financial abortion", describes a putative father's right to terminate his interests in and obligations to the unborn child. Some pro-life advocates argue that fathers should be given equal power over an abortion decision in order to protect their offspring.[70]
In the US in 2006, Dubay v. Wells argued that in the event of an unplanned pregnancy, the male should have an opportunity to decline all paternity rights and responsibilities. Supporters said that this would allow the woman time to make an informed decision and give men the same reproductive rights as women.[71][72] In its dismissal of the case, the U.S. Court of Appeals (Sixth Circuit) stated that "the Fourteenth Amendment does not deny to [the] State the power to treat different classes of persons in different ways."[73]
Critics argue that the concept of a "financial abortion" presents a problem in and of itself. Some men and women[who?] argue that the availability of abortion should not relieve men of equal financial responsibility to a child they helped conceive. Opponents argue, in a country such as the U.S. where government assistance is often debated, an ongoing discussion over who is responsible for the care of children is needed. [74]
Reproductive rights after divorce
In 2003, a British woman lost her challenge against the 1990 Human Fertilisation 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 fertilised embryos, frozen prior to her divorce from her ex-husband who had since withdrawn his consent. [75] 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. [76]
Paternity fraud
Male parental rights
In many industrialised nations where divorce is common, father's rights activists hold the belief that men are unfairly discriminated against in family courts when deciding issues of child custody.[77]
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,[78] told the BBC that "if the government feels they need a minister to address women's issues, it should be the same for men."[79] Northbourne's proposal was presented to the prime minister during prime minister's questions the same year.[80] The proposal was rejected and Northbourne and others[who?] 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.[79]
Domestic Violence
In many jurisdictions, domestic violence is seen as men assaulting women and female violence is systematically minimized and denied.[81][82][83] It has been alledged that evidence that women equal men in rates of violence has been suppressed. Studies that report higher levels of female aggression are less likely to get published.[84] Early advocates for male victims of domestic violence have reported harassment, including bomb threats.[85] This means that support networks for victims of domestic violence are often only available to women and that in mutually absuive situations only the man may face legal consequences.[86] It has also been alleged that dishonest information and tactics by activists contibutes to an unjustifiably negative image of men and misandry.[87] Christina Hoff Sommers writes that "false claims about male domestic violence are ubiquitous and immune to refutation".[88]
Men are less likely to report domestic violence.[89][90][91][92] British men aged 20 to 24 were just as likely to be the victims of domestic violence as women. [93][94]
See also
- Alimony
- Fathers' rights movement
- Feminism
- Human rights
- Male abortion
- Masculism
- Men's movement
- Paternal rights and abortion
- Parental leave
- Sexism
- Women's rights
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- ^ Collier, R (2006-11-01). "Unfamiliar territory: The issue of a father's rights and responsibilities covers more than just the media-highlighted subject of access to his children". London: The Guardian. Retrieved 2007-10-17.
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- ^ Kelly, Linda (2003). "Disabusing the definition of domestic abuse: How women batter men and the role of the feminist state". Florida State University Law Review. 30: 792–793.
Despite the wealth and diversity of the sociological research and the consistency of the findings, female violence is not recognized within the extensive legal literature on domestic violence. Instead, the literature consistently suggests that only men commit domestic violence. Either explicitly, or more often implicitly, through the failure to address the subject in any objective manner, female violence is denied, defended and minimized.
- ^ Frieze, Irene (2000). "Violence in close relationships—development of a research area: Comment on Archer (2000)". Psychological Bulletin. 126 (5): 681–684.
The denial or trivialization of violence by women against men and the knowledge that women can also be violent imply that what is happening to the male victims of violence needs to be examined.
- ^ Motz, Anna (2008). The psychology of female violence: Crimes against the body. New York: Routledge. ISBN 0-203-93091-6.
Why does society deny the fact of female violence? This book explores the nature and causes of female violence from the perspectives of psychodynamic theory and forensic psychology.
{{cite book}}
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(help) - ^ Archer, John (2000). "Sex differences in aggression between heterosexual partners: A meta-analytic review". Psychological Bulletin. 126 (5): 651–680. doi:10.1037/0033-2909.126.5.651.
Straus (1997) claimed that several data sets finding high rates of female aggression toward partners had been deliberately suppressed in the earlier years of this research. In the present study, effect sizes from unpublished sources were higher in the female direction than those from published sources.
- ^ Kelly (2003). "Verbal threats were launched against her and her children—at home and in public. Threatening phone calls were made to Steinmetz and the sponsors of her speaking engagements in order to prevent Steinmetz from further publicizing her work. On one occasion, a bomb threat was called into an ACLU meeting at which Steinmetz was scheduled to speak."
- ^ Cook, Philip (2009). Abused men: the hidden side of domestic violence. Greenwood Publishing Group. ISBN 9780313356711.
{{cite book}}
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(help) - ^ Young, Katherine; Nathanson, Paul (2006). Legalizing misandry: from public shame to systemic discrimination against men. McGill-Queen's University Press. ISBN 9780773528628.
{{cite book}}
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(help) - ^ Sommers, Christina Hoff (4 February 2011). "Domestic violence myths help no one". USA Today. Retrieved 17 October 2011.
- ^ http://www.dewar4research.org/DOCS/dvg-v3.pdf
- ^ http://www.jstor.org/pss/353952
- ^ http://www.counselling-directory.org.uk/counselloradvice9949.html
- ^ http://www.amen.ie/theses/Dis%20Denis%20Lehane.pdf
- ^ http://news.bbc.co.uk/newsbeat/hi/health/newsid_7878000/7878698.stm
- ^ http://news.bbc.co.uk/newsbeat/hi/health/newsid_7878000/7878801.stm
Bibliography
- The Myth of Male Power by Warren Farrell, 1993.
- Flood, Michael: Backlash: Angry men's movements in: Rossi, Staceay E.: The Battle and Backlash rage on. 2004, XLibris Corp., ISBN 1-4134-5934-X, S. 261–287 [6]
- Flood, Michael: Men's movements in: XY magazine, vol. 6. 1996 [7]
- Emotion, Seduction and Intimacy: Alternative Perspectives on Human Behaviour (Third Edition) by Rory Ridley-Duff, Seattle, OR: Libertary Editions, ISBN 978-1-935961-00-0, http://www.libertary.com/book/emotion-seduction-intimacy
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.