CATHARINE A. MACKINNON (2006), Are Women Human? And Other International Dialogues
Inequality on the basis of sex is a pervasive reality of women’s lives all over the world. So is sex-related violence. Rape by strangers and acquaintances, rape within marriage, domestic violence, trafficking into sex work, the abuse of women and girls in the pornography industry: In all these ways, argues Catharine MacKinnon, women suffer aggression and exploitation, “because we are women, systemically and systematically.” Although violence against women is certain to be underreported and undercounted, data still show a tremendous amount of it everywhere. (Cross-cultural studies cited by MacKinnon show that rates of violent domestic abuse are similar in the United States, Japan, and India.) As a 1989 United Nations report summarizes, “The risk of violence and violation within the household is one thing women, irrespective of their social position, creed, colour or culture, share in common.” So, too, is vulnerability to rape in wartime—the well-documented mass rapes of Bosnian women being just one recent example of an appalling reality that has characterized most armed conflicts.
Despite the prevalence of these crimes, they have not been well addressed under international human rights law—if, indeed, they have been addressed at all. Typically, there has been what MacKinnon calls a “double-edged denial”: The abuse is considered either too extraordinary to be believed or too ordinary to constitute a major human rights violation. Or, as MacKinnon says, “If it’s happening, it’s not so bad, and if it’s really bad, it isn’t happening.” Until recently, abuses like rape and sexual torture lacked good human rights standards because human rights norms were typically devised by men thinking about men’s lives. In other words, “If men don’t need it, women don’t get it.” What this lack of recognition has meant is that women have not yet become fully human in the legal and political sense, bearers of equal, enforceable human rights.