Post 312.

With its latest publication, “Justice through a Gender Lens”, the Judicial Education Institute has signaled its intention to resist gendered biases, stereotyping and discrimination in our courts. This is because these can result in decisions, and their consequences, that are ultimately unfair, dehumanizing and unconstitutional.

Stereotypes may be directed at women, men and transgender persons, ultimately denying them equality and justice. For example, men – like women – are meant to naturally fulfill the role of nurturer. Yet, gender stereotypes that associate manhood with being only a provider may lead to court decisions regarding custody that don’t reflect men’s equal responsibility and role as caregivers. This could lead to feelings of rejection among fathers, and to the development of men’s groups organized around their anger.

In another example, sex workers may find it more difficult to prove they have been raped because victims are often required to be respectable and above moral reproach to be believed or not held responsible. However, like other women workers, they do not give up rights to consent and freedom from violence, even in transactional sex encounters.

This position alone goes against common stereotypes about which women are truly undeserving of male sexual assault, and which women can be violated with greater impunity. Here, sexual stereotypes create a biased system to which different women cannot equally turn for justice.

Gender biases of all kinds exist in our courts. In a Caribbean Judicial Officers survey in 2015, 53% of Judicial Officers surveyed believed women should be given custody of children and 41% thought that a man’s primary role is to provide financial support for his family.

This is fascinating because it reproduces women’s unequal responsibility for child care and all the planning, time management, emotional and mental labour, daily and nightly exhaustion, and career sacrifice involved. It also wrongly assumes that women have not historically also carried the burden of financial support for families across the Caribbean. The myth of the male breadwinner is illustrated every time men fail to provide regular and sufficient maintenance support to meet children’s needs, which is a widespread social phenomenon and familiar to Judicial Officers themselves.

In a Trinidad and Tobago survey of Judicial Officers, 44% of those surveyed believed homosexuality was against ‘God’s laws’ while 52% thought that attitudes regarding appropriate roles of men and women influence Judicial Officers’ decisions.

Yet, both our local courts and the Caribbean Court of Justice are upholding rights to a legal system in which personal or religious beliefs cannot prevent access to impartiality, respect and dignity for all. In the JEI’s publication, this includes referring to transgender persons as they themselves identify. It also includes enabling litigants to access courts even when they are dressed in ways that do not fit stereotypes regarding how a person of their sex ought to dress. After all, the nail in the coffin for this country surely cannot be people’s choice of clothes.

The TT Council of Evangelical Churches may maintain that God created only two genders, but this is a specifically Biblical position, in a multi-religious society which occupies First People’s land, and in a world in which many other cultures hold different and equally valid beliefs regarding gender.

In both Indian and African religions, there are gods and goddesses which combine male and female qualities, characteristics and identities. In our modern country are also people for whom secular decision-making protects from patriarchal and theocratic authoritarianism, and the self-righteousness of its violence and violation.

The global conventions and treaties to which we are signatory, and even our 1976 Republican constitution, create state obligation to recognize the human rights of every individual and to prevent discrimination on the basis of sexual and gender orientation, not just race, creed or religion.

This isn’t about a current push to normalize LBGTQIA behavior in the country. It’s about strengthening tolerance and inclusion, extending trust in our institutions, and enacting due protection from prejudices that harm.

It’s heartening to see the judiciary deal a severe moral blow to gender bias and the vulnerabilities it produces. Righteousness exalts a nation when state institutions, whose sole purpose is to ensure justice, show that they hold this expectation in good faith.

It will be interesting to see if and how the Gender Equality Protocol for Judicial Officers plays out in the real life of the courts. For now, a whole guideline exists to enable judges and others to recognize something very simple.  Each of us wants the right to live safely and equally as we choose.

 

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Post 231.

Imagine my amazement that Zi would be familiar with the playlist of songs currently topping charts, by everyone from Rihanna to Taylor Swift to Meghan Trainor. These were songs I didn’t know and don’t play. Yet, she was singing along to chorus and sometimes verse. Where did such socialization happen?

First, older cousins who opened her eyes to the Disney channel world of tween pop music and culture, playing the role that older, adored cousins have somehow always played for little girls.

Then, friends. I overheard one playdate asking for Zi’s Barbies, and describing the details of how many she owns. Given that she has none herself, Zi pulled out some White, blond doll someone gave her, and it passed the test, preserving her street cred.

She listens in on the sidelines of school conversations and figures out what information she needs to know for next rounds, then comes home and asks me for the Hastek sisters’ cover of Spice Girls’ songs. I tried to show her the global girl power version, highlighting rights to education, marriage after childhood and more. She just said, no mummy, that’s the wrong one.

Stone thought I shouldn’t have looked up Lego Friends when Zi wanted to see who the characters were in Lego’s girls’ line of products, which is annoyingly pink and purple, but also features one of the few black girls with curly hair in any of their collections. Ha! Another friend came over and was already into the series of short, addictive videos that the company produces about the characters. All I did was route her to being in the know.

As I buy clothes in bigger sizes, she complains about the ones that look like boys’ T-shirts, refusing black, greens and blue, and insisting on pink. It’s all to match the outfits her best friends have. It’s all about their approval. So and so will like these shiny gold shoes. So and so and I can wear our pink skirts together next time.

My sister, who is with us, and went through stages from Goth to army surplus store chic, was just as amazed at how important approval and belonging had become, on narrow, gendered terms. There’s only so much a feminist mom can do when hyper-feminization of girlhood is part of the life stages of patriarchy. Six year olds wear shoes with heels. She wants nail polish because other five year olds wear nail polish on weekends.

I bought dinosaur-themed birthday materials. In all seriousness, Zi asked if I thought her friends would want to go home when they realized that it wasn’t a princess party. My choices for her get evaluated by these standards of hip. This is how you know your sapodilla is no longer a baby. Girl culture, in all its stereotypical colours, obsessions, conversations and criteria, has taken over. It was always going to happen. I just didn’t think it would happen so early.

My sister asked me why I give in to the colours or videos Zi has decided she’s into. I don’t know that I have much choice. Did you want to be that kid, among your peers, dressed in your parents’ ideological warfare against the world? Moms tell me that they give in because their girls are going to get exposed to whatever others are allowed anyway. They play jazz, like I do, but also Justin Bieber. They give them make-up to pretend, but they also sign them up for football.

Any mom will tell you, each stage is a new negotiation. This one is when the world takes socialization from your full control. You catch up and keep up. Stone might decide there’s no way he’s playing Katy Perry. I’m going to have to know all the words. That’s what moms I know do. You also start those conversations about what it means to decide for yourself who you are and what’s cool.

Why does any of this matter? Any anthropologist will tell you that the micro reveals the macro. We should pay attention to the British Prime Minister’s gender politics, but insights as legitimate come from observing globalized sub-cultures shaping terms and options for a new generation of our girls.