In this article, I examine the moral dimensions of gender affirmation. I argue that the moral value of gender affirmation is rooted in what Iris Murdoch called loving attention. Loving attention is central to the moral value of gender affirmation because such affirmation is otherwise too fragile or insincere to have such value. Moral reasons to engage in acts that gender affirm derive from the commitment to give and express loving attention to (...) trans people as a way of challenging their marginalization. In the latter part of the paper, I will discuss how my arguments bear on recent arguments by Robin Dembroff and Daniel Wodak (2018) on the use of gender-neutral language. They argue that we have a duty not to use gender-specific pronouns for anyone. Their conclusion turns, in part, on a rejection of gender affirmation as a moral duty. The value of gender affirmation, rooted in our moral perception of trans people, should make us skeptical of this conclusion, in favor of a more nuanced and pluralistic approach to the ethics of gendering. (shrink)

Gender affirming hormone treatment is an important part of the care of trans adolescents which enables them to develop the secondary sexual characteristics congruent with their identified genders. There is an increasing amount of empirical evidence showing the benefits of gender affirming hormone treatment for psychological health and social well-being in this population. However, in several countries, access to gender affirming hormone treatment for trans adolescents has recently been severely restricted. While much of the opposition to (...) class='Hi'>gender affirming hormone treatment for trans adolescents has in part been ideologically motivated, it also reflects a debate about whether there are harms that outweigh the benefits of the treatment. Accordingly, a systematic and comprehensive philosophical analysis of the ethics of gender affirming hormone treatment for trans adolescents is needed. Herein, I offer such an analysis that draws on the four principles of biomedical ethics by Tom Beauchamp and James Childress. Based on the considerations of beneficence, nonmaleficence, autonomy, and justice, I argue that the provision of access to gender affirming hormone treatment for consenting trans adolescents is ethically required and that the current restrictions to such treatment are ethically wrong. (shrink)

Gender‐affirming care is almost exclusively discussed in connection with transgender medicine. However, this article argues that such care predominates among cisgender patients, people whose gender identity matches their sex assigned at birth. To advance this argument, we trace historical shifts in transgender medicine since the 1950s to identify central components of “gender‐affirming care” that distinguish it from previous therapeutic models, such as “sex reassignment.” Next, we sketch two historical cases—reconstructive mammoplasty and testicular implants—to show how cisgender patients (...) offered justifications grounded in authenticity and gender affirmation that closely mirror rationales supporting gender‐affirming care for transgender people. The comparison exposes significant disparities in contemporary health policy regarding care for cis and trans patients. We consider two possible objections to the analogy we draw, but ultimately argue that these disparities are rooted in “trans exceptionalism” that produces demonstrable harm.. (shrink)

Previously proposed strategies for tackling hermeneutical injustices take for granted the interests people have in certain things about them being intelligible to them and/or to others, and seek to enable them to satisfy these interests. Strategies of this sort I call interests-as-given strategies. I propose that some hermeneutical injustices can instead be tackled by doing away with certain of these interests, and so with the possibility of their unfair non-satisfaction. Strategies of this sort I call interests-in-question strategies. As a case (...) study in when such an interests-in-question strategy ought to be pursued, I look at how to tackle hermeneutical injustices arising in the context of gender-affirming healthcare as provided to adults by the National Health Service in the UK. I argue that considerations of trust, privacy, and respect all support pursuing such a strategy. One way to do so, I suggest, would be by replacing the existing gatekeeping model with an informed consent model for the provision of gender-affirming healthcare. Considerations of hermeneutical justice can hence be added to the already-impressive case for undertaking this shift. (shrink)

The transgender experience predicts that the gender affirming pathway is undertaken. The gender affirmation process is not mandatory, and the process is not the same for all people. Affirmation of gender is a social determinant of transgender and gender diverse (TGD) health, but which also has a multidimensional structure: social, legal, psychological, and medical. At this point, however, it is necessary to understand the type of pathway that TGD people can undertake in Italy, so (...) the purpose of this paper is to make the articulation of the pathway known and explicit, trying to detect the sociological aspects and the impacts that the various components of the gender affirming pathway require. The gender affirming pathway in Italy is characterized by many critical issues: it is focused on the affirmation of medical, legal, and psychological dimensions; however, the affirmation of social gender is also important to promote their integration into society, their health and general well-being. In conclusion, it is necessary to develop and implement research and concrete impacts of social gender affirmation, the potential of which is to reduce inequalities, in general, and health, which negatively impact the Italian TGD individuals. (shrink)

Many transgender people need specific medical services to affirm their gender. Gender-affirming health care services may include mental health support, hormone therapy, and reconstructive surgeries. Scant information is available about the utilization or costs of these services among transgender people, which hinders the ability of insurance regulators, health plans, and other health care organizations to plan and budget for the health care needs of this population and to ensure that transgender people can access medically necessary gender-affirming care. (...) This study used almost three decades of commercial insurance claims from a proprietary database containing data on more than 200 million people to identify temporal trends in the provision of gender-affirming hormone therapy and surgeries and to quantify the costs of these services. (shrink)

Institutional guidelines for transgender children and adolescent minors fail to adequately address a critical juncture of care of this population: how to proceed if a minor and their parents have disagreements concerning their gender-affirming medical care. Through arguments based on ethical, paediatric, adolescent and transgender health research, we illustrate ethical dilemmas that may arise in treating transgender and gender diverse youth. We discuss three potential avenues for providing gender-affirming care over parental disagreement: legal carve-outs to parental consent, (...) the mature minor doctrine and state intervention for neglect. Our discussion approaches this parent–child disagreement in a manner that prioritises the developing autonomy of transgender youth in the decision-making process surrounding medically assisted gender affirmation. We base our arguments in the literature surrounding the risks and benefits of gender-affirming therapy in transgender children and the existing legal basis for recognising minors’ decision-making authority in certain medical situations. (shrink)

Gender-affirming healthcare interventions are medical or surgical interventions that aim to allow trans and non-binary people to better affirm their gender identity. It has been argued that rights to GAH must be grounded in either a right to be cured of or mitigate an illness—gender dysphoria—or in harm prevention, given the high rates of depression and suicide among trans and non-binary people. However, these grounds of a right to GAH conflict with the prevalent view among theorists, institutions (...) and activists that trans and non-binary people do not have a mental illness and that one can be trans and entitled to GAH without being depressed or suicidal. This paper challenges the orthodoxy that a right to GAH must be grounded in either of these ways and instead argues for a right to GAH grounded in a right to live and act with integrity. The standard view, which this paper explains, is that our rights to live and act with integrity ground a right to religious accommodation in many cases such as a right to not be denied social security due to one’s refusal to work a job on a holy day. This paper argues that if our rights to live and act with integrity can ground prima facie rights to religious accommodation, our rights to live and act with integrity ground prima facie rights to GAH. There are no data in this work. (shrink)

Political debate regarding trans youth’s access to gender-affirming care (GAC) has pushed many to advocate for GAC by pointing to tragic, pathological outcomes of non-treatment, namely suicide. However, these pathologized arguments are a harmful ethical “shortcut” which should be replaced by a meaningful engagement with the ethics of providing GAC to youth.

Research involving transgender and gender diverse people (TGD) increased in the last years, mostly concerning healthcare associated to this population. Few studies dedicated their analysis to the impact of parental support on transgender people, even though this is an important aspect in creating a safe environment on which these individuals can build their identity. In addition, the link between family support, TGD identity and homelessness is not completely established. Thus, due to the specificities of the family context of TGD (...) individuals, the aim of this study is to investigate the association between family support and TGD in different moments of the process of gender affirmation. In addition, this study also aims to explore the relationship between a lack of social support and low self-esteem, home abandonment, and dwelling in the street. The survey was designed based on the TransPULSE project and was made available in electronic format. The sample was constituted of 423 TGD residents in two Brazilian states. A Structural Equation Model analysis suggested that the impact of gender affirmation status on homelessness was mediated by parental support, through self-esteem, and the need to move from home. The association between the status of the gender affirmation procedures, family support and self-esteem was significant and indicated that the further TGD individuals advanced in gender affirmation, the more self-esteem and family support they would have. The association between family support and self-esteem indicated that family support was associated with higher self-esteem. Low family support was associated with the willingness to move from home due to one’s TGD status and there was also a significant correlation between low self-esteem and the willingness to move from home due to one’s TGD status. Finally, homelessness was associated with the willingness to move with a large effect size. Limitations include the sample that was constituted by individuals with Internet access and who had more contact with TGD communities. The findings indicate directions for interventions involving TGD people and their families, considering the parental relationship as a critical variable to improve TGD quality of life in the process of gender affirmation. (shrink)

BackgroundIn gender-affirming medical care (GAMC), ethical challenges in decision-making are ubiquitous. These challenges are becoming more pressing due to exponentially increasing referrals, politico-legal contestation, and divergent normative views regarding decisional roles and models. Little is known, however, about what ethical challenges related to decision-making healthcare professionals (HCPs) themselves face in their daily work in GAMC and how these relate to, for example, the subjective nature of Gender Incongruence (GI), the multidisciplinary character of GAMC and the role HCPs play (...) in assessing GI and eligibility for interventions. Given the relevance and urgency of these questions, we conducted a qualitative study among HCPs providing GAMC to transgender adults in the Netherlands.MethodsIn this qualitative research, we conducted 11 semi-structured interviews between May 2020 and February 2021 with HCPs (six mental health professionals, two HCPs in endocrinology, two in plastic surgery, and one in nursing) working in two distinct GAMC settings. We purposively sampled for professional background and years of experience in GAMC. We analyzed our interview data using thematic analysis. As some respondents were more inclined to speak about what should or ought to be done to arrive at good or right decision-making, we identified both ethical challenges and norms. Furthermore, in our analysis, we differentiated between respondents’ explicit and implicit ethical challenges and norms and ascertained the specific context in which these challenges emerged.ResultsRespondents’ ethical challenges and norms centered on (1) dividing and defining decisional roles and bounds, (2) negotiating decision-making in a (multidisciplinary) team, and (3) navigating various decision-making temporalities. These themes arose in the context of uncertainties regarding (1) GAMC’s guidelines, evidence, and outcomes, as well as (2) the boundaries and assessment of GI.ConclusionsThis interview study provides detailed empirical insight into both the explicit and implicit ethical challenges that HCPs experience and their ethical norms regarding decision-making. It also describes how uncertainties and (implicit) normativities concerning GAMC and GI pre-structure the moral environment in which these challenges and norms manifest. We provide normative reflections and recommendations on handling these ethical challenges in a way that is sensitive to the context in which they arise. (shrink)

BackgroundClinical ethics support aims to support health care professionals in dealing with ethical issues in clinical practice. Although the prevalence of CES is increasing, it does meet challenges and pressing questions regarding implementation and organization. In this paper we present a specific way of organizing CES, which we have called integrative CES, and argue that this approach meets some of the challenges regarding implementation and organization.MethodsThis integrative approach was developed in an iterative process, combining actual experiences in a case study (...) in which we offered CES to a team that provides transgender health care and reflecting on the theoretical underpinnings of our work stemming from pragmatism, hermeneutics and organizational and educational sciences.ResultsIn this paper we describe five key characteristics of an integrative approach to CES; 1. Positioning CES more within care practices, 2. Involving new perspectives, 3. Creating co-ownership of CES, 4. Paying attention to follow up, and 5. Developing innovative CES activities through an emerging design.ConclusionsIn the discussion we compare this approach to the integrated approach to CES developed in the US and the hub and spokes strategy developed in Canada. Furthermore, we reflect on how an integrative approach to CES can help to handle some of the challenges of current CES. (shrink)

Clinical ethics support (CES) for health care professionals and patients is increasingly seen as part of good health care. However, there is a key drawback to the way CES services are currently offered. They are often performed as isolated and one-off services whose ownership and impact are unclear. This paper describes the development of an integrative approach to CES at the Center of Expertise and Care for Gender Dysphoria (CEGD) at Amsterdam University Medical Center. We specifically aimed to integrate (...) CES into daily work processes at the CEGD. In this paper, we describe the CES services offered there in detail and elaborate on the 16 lessons we learned from the process of developing an integrative approach to CES. These learning points can inform and inspire CES professionals, who wish to bring about greater integration of CES services into clinical practice. (shrink)

Clinical ethics support for health care professionals and patients is increasingly seen as part of good health care. However, there is a key drawback to the way CES services are currently offered. They are often performed as isolated and one-off services whose ownership and impact are unclear. This paper describes the development of an integrative approach to CES at the Center of Expertise and Care for Gender Dysphoria at Amsterdam University Medical Center. We specifically aimed to integrate CES into (...) daily work processes at the CEGD. In this paper, we describe the CES services offered there in detail and elaborate on the 16 lessons we learned from the process of developing an integrative approach to CES. These learning points can inform and inspire CES professionals, who wish to bring about greater integration of CES services into clinical practice. (shrink)

Clinical ethics support for health care professionals and patients is increasingly seen as part of good health care. However, there is a key drawback to the way CES services are currently offered. They are often performed as isolated and one-off services whose ownership and impact are unclear. This paper describes the development of an integrative approach to CES at the Center of Expertise and Care for Gender Dysphoria at Amsterdam University Medical Center. We specifically aimed to integrate CES into (...) daily work processes at the CEGD. In this paper, we describe the CES services offered there in detail and elaborate on the 16 lessons we learned from the process of developing an integrative approach to CES. These learning points can inform and inspire CES professionals, who wish to bring about greater integration of CES services into clinical practice. (shrink)

As more young people feel safe to outwardly identify as transgender or gender expansive (TGE), meaning that their gender identity does not align with the sex they were assigned at birth, an increasing number of youth who identify as TGE seek gender-affirming medical care (GAMC). GAMC raises a number of ethical questions, such as the capacity of a minor to assent or consent, the role of parents or legal guardians in decisions about treatment, and implications for equitable (...) access to care when differing parental or custodial viewpoints are present. These questions are further complicated by the difficulties in explaining the limits of long-term research in GAMC, with regard to the preservation of fertility, for example. We present two de-identified composite case studies to highlight dilemmas that may arise and offer recommendations to better support patient- and family-centered decision making for GAMC. These include employing a multidisciplinUniverary shared decision-making approach, disentangling informed consent and assent from chronological age, developing a consistent approach to the assessment of decisional capacity, and developing age-appropriate informational materials. (shrink)

In this article, the authors operationalize the intersection of gender and race in survey research. Using quantitative data from the Multi-City Study of Urban Inequality, they investigate how gender/racial stereotypes about African Americans affect Whites’ attitudes about two types of affirmative action programs: job training and education and hiring and promotion. The authors find that gender/racial prejudice towards Black women and Black men influences Whites’ opposition to affirmative action at different levels than negative attitudes towards Blacks as (...) a group. Prejudice toward Black women has a larger effect on Whites’ policy preferences than does prejudice toward Black men or Blacks in general. In future research, survey methodologists should develop better intersectional measures to further document these gender/racial attitudes. (shrink)

In this paper, I attempt to show in clear terms what I believe to be the inconsistencies inherent in adopting affirmative action as a proper philosophy for remedying the gender imbalance in contemporary African societies. I have also gestured towards the fact that apart from the issues involved in adopting affirmative action as a principle, the concept quite ironically further widens the gap it is meant to seal. In the spirit of the conversational tradition of African philosophy, I excavate (...) and interrogate a theory of equality that speaks to an indigenous Efik concept of equality. Thus, as a conversational response to the inadequacies of Affirmative Action, I have in this paper adopted ukém philosophy along with its principles of ówó and ikíkè, as an alternative model or tool for combating the ills of gender inequality. Keywords: Affirmative Action, African Philosophy, Discrimination, Gender, Ikíkè, Ukém. (shrink)

Aim Genetic research representative of the population is crucial to understanding the underlying causes of many diseases. In a prospective evaluation of informed consent we assessed the willingness of individuals of different ethnicities, gender and drug dependence history to participate in genetic studies in which their genetic sample could be shared with a repository at the National Institutes of Health. Methods Potential subjects were recruited from the general population through the use of flyers and referrals from previous participants and (...) clinicians with knowledge of our study. They could consent to 11 separate choices so that they could specify how and with whom their genetic sample could be shared. Rates of affirmative consent were then analysed by gender, ethnicity and drug dependence history. Results Of 1416 volunteers enrolled, 99.7% gave affirmative informed consent for studies of addiction conducted in our laboratory. No significant difference was found for participation in genetic studies conducted in our laboratory by gender, ethnicity or drug dependence history. Over all 11 questions, individuals with a history of drug use were more likely to agree to consent to participate in our study than were healthy volunteers. Conclusion A high percentage of each category of gender, ethnicity and drug history, gave affirmative consent at all levels. The level of detail in and the amount of time spent reviewing the informed consent, and a relationship of trust with the clinical investigator may contribute to this outcome. (shrink)

According to the ICD-11 and DSM-5, transgender people’s experienced gender is incongruent with their natal sex or gender and the purpose of gender affirming-healthcare (GAH) interventions is to reduce this incongruence. Vincent and Jane argue that this view is conceptually incoherent—the incoherence thesis—and propose that the ICD and DSM should be revised to understand transgender people as experiencing a merely felt incongruence between their gender and their natal sex or gender—the feelings revision. I argue that (...) (i) Vincent and Jane in fact give us no reason to believe the incoherence thesis and that (ii) we may want to resist the combination of the incoherence thesis and the feelings revision because this combination implies that all transgender people have feelings that are misplaced and are, in an importance sense, incorrect or mistaken. I then give a fit-based account of how trans people’s experienced gender can be incongruent with their natal sex or gender and how GAH can reduce this incongruence. (shrink)

A number of recently published studies by reformist-minded Muslim scholars have both questioned the normative nature of and emphasized the need to rethink some of the fundamental assumptions and interpretational models governing traditional Islamic legal theories and ethics. As part of this process they have emphasized the need to develop novel Islamic hermeneutics. One major element in this emergence of novel Islamic hermeneutics is the production of an increased number of what I term ‘gender equality affirmative scholarship on Islam’. (...) What is particularly interesting, if not intriguing, from the perspective of the author of this article is that the scholarship on gender equality affirmative interpretations of Islam is theorized by reformist-minded Muslim male scholars at historically unprecedented levels which is what this study seeks to highlight. This article examines the arguments employed by three prominent contemporary Muslim male reformist scholars, both Shī’ī and Sunnī, in developing gender equality affirmative interpretations of Islam – Nasr Abu Zayd, Mohsen Kadivar, and Khaled Abou El Fadl. The focus on male scholars in this article is intentional and seeks to highlight the most fundamental point and indeed the raison d’être behind it, namely to underscore the historically unprecedented support Muslim male scholars are providing to the development of feminist interpretations of Islam. (shrink)

RésuméEn réponse à l'article de D. C. Matthew, « Racial Integration and the Problem of Relational Devaluation », j'examine la politique de la beauté physique à l'intersection entre les catégories de race et de genre. J’évalue et je rejette l'affirmation de Matthew selon laquelle être perçu comme physiquement attrayant se traduit à coup sûr soit par un bon traitement, soit par une haute estime de soi. Je soutiens que, au contraire, le genre peut fonctionner comme un moyen de contrôle (...) social, dans lequel le désir du corps des femmes n'apporte aucun bon traitement ni n'améliore leur estime de soi. Ce problème peut persister au sein des communautés raciales intragroupes autoségréguées. (shrink)

This chapter contains sections titled: Rectifying Injustice Consequentialist Arguments Conclusion.

The European Union faced high risks from personal data proliferation to individuals’ privacy. Legislation has emerged that seeks to articulate all interests at stake, balancing the need for data flow from EU countries with protecting personal data: the General Data Protection Regulation. One of the mechanisms established by this new law to strengthen the individual’s control over their data is the so-called “right to be forgotten”, the right to obtain from the controller the erasure of records. In gender transition, (...) this right represents a powerful form of control over personal data, especially health data that may reveal a gender with which they do not identify and reject. Therefore, it is pertinent to discern whether the right to have personal data deleted—in particular, health data—is ethically acceptable in gender transition. Towards addressing the ethical dimensions of the right to be forgotten in this case, this study presents relevant concepts, briefly outlines history, ethics and law of records considering the evolution from paper to electronic format, the main aspects of identity construction and gender identity, and explores the relationship between privacy, data protection/information control and identity projection. Also, it discusses in gender transition the relation between “the right to self-determination”, “the right to delete”, and “the right to identity and individuality”. Conclusions on the ethical admissibility of the ‘right to be forgotten’ to control gender-affirming information are presented. (shrink)

ABSTRACT:Despite 40 years of equal opportunities policies and more than two decades of government and organization initiatives aimed at helping women reach the upper echelons of the corporate world, women are seriously underrepresented on corporate boards. Recently, fifteen countries sought to redress this imbalance by introducing gender quotas for board representation. The introduction of board gender quota legislation creates ethical tensions and dilemmas which we categorize in terms of motivations, legitimacy, and outcomes. We investigate these tensions through four (...) overarching theoretical perspectives: institutional, stakeholder, social identity, and social capital. We outline a future research agenda based on how these tensions offer greater focus to research on quotas and more broadly to ethics and diversity in organizations in terms of theory, anticipated ethical tensions, data, and methodology. In sum, our review seeks to synthesize existing multidisciplinary research and stimulate future enquiry on this expanding set of legislation. (shrink)

In the context of state educational institutions, young white males are owed a duty to respect their interest or desert tokens. Not all white males have waived this duty since many white males have not performed the relevant types of culpable wrongdoing. Merely having benefitted from an unjust injury act or being a member of a community that owe a debt of compensation to racial minorities and women are not sufficient grounds to override the duty owed to the white male. (...) Since the three most plausible attempts to provide a compensatory justice justification for strong affirmative action programs at state educational institutions fail, I conclude that the following is false. (1) Other things being equal, a state educational institution may choose to hire a less qualified candidate over a more qualified candidate because the weight given to the race or gender of the less qualified candidate relates to the elimination of a debt of compensatory justice. Hence, unless strong affirmative action programs at state educational institutions can be justified by reference to some other value, such as the value of diversity, the state ought to eliminate such programs. (shrink)

This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws are (...) worldwide phenomena, the international scholarly literature reflects limited awareness of these developments in Canadian law. This article remedies that gap in the literature. The Canadian experience with the definition of sexual consent as communicated “voluntary agreement” demonstrates the value of this conceptualization of consent; the definition provides a well-defined set of nondiscretionary reference points for legal analysis of the facts in sexual assault offenses. The effect is to facilitate effective enforcement of the sexual assault laws and affirm the right to sexual autonomy, sexual self-determination, and equality, consistent with fundamental principles of individual human rights. For all these reasons, familiarity with the Canadian experience may be useful to those engaged with the reform of rape and sexual assault laws in other jurisdictions. (shrink)

This chapter provides an analysis of the work of Rita Segato and María Lugones’s assessment of Segato’s approach to gender and questions of decoloniality. The chapter examines the concepts of “patriarchy” and “gender” from within several critical paradigms among communities of color, including, specifically, indigenous and Afro-descendant communities within Abya Yala (a Puna term for the geographic lands of the Americas). Lugones proposes that terms of analysis such as “patriarchy” and “gender” undermine the complexity of the relations (...) of power constituted in and through coloniality, including specifically the racialization of gendered terms. European women were racialized, but colonized females were not. Retaining the use of gender as a category of analysis thereby leaves decolonial activists and scholars working toward coalitional struggle with indigenous and Afro-descedent communities unable to sufficiently affirm the embodied, erotic, intersubjective, and otherwise distinct modes of communal relations not bound by dimorphic gender categories that continue to exist among these communities. The conclusion of the chapter then traces Lugones’s contributions to decolonial feminism, responding to the concerns she raises in the previous sections. (shrink)

Are words like ‘woman’ or ‘man’ sex terms that we use to talk about biological features of individuals? Are they gender terms that we use to talk about non-biological features e.g. social roles? Contextualists answer both questions affirmatively, arguing that these terms concern biological or non-biological features depending on context. I argue that a recent version of contextualism from Jennifer Saul that Esa Diaz-Leon develops doesn't exhibit the right kind of flexibility to capture our theoretical intuitions or moral and (...) political practices concerning our uses of these words. I then float the view that terms like 'woman' or 'man' are polysemous, arguing that it makes better sense of the significance of some forms of criticisms of mainstream gender ideology. (shrink)

-/- CONCLUSION “The experience in California is clear. Affirmative action has helped to dismantle barriers such as "old boys' networks" that have excluded not only women and individuals of racial or ethnic minorities, but also white American men who did not belong to networks of privilege. Affirmative action has also worked to ensure that our schools, workplaces, and other social institutions fully use our diverse talents, thereby helping our government and social institutions to better serve their communities. -/- In short, (...) affirmative action has helped to bring out the best in us as a society. It challenges us to have the courage of our convictions that: (1) we do want a truly equal opportunity society; and (2) we believe that all Americans, including women and minorities, are competent individuals who have talents to contribute. Passing the CCRI would completely eliminate affirmative action, and thus have the same effect as "throwing the baby out with the bathwater." The "baby" —active and affirmative commitment to equal opportunity— is barely out of its infancy. We must not now abandon our commitment, just when we have taken our first steps towards creating a truly equal opportunity society.” -/- (This essay was written against the backdrop of legislative efforts in the mid 1990s, to overturn “affirmative action” policies at educational institutions, which had given more equal access to higher education for students from previously under-represented communities, particularly white women but also racialized communities. By mischaracterizing affirmative action programs as “gender or racial preferences”, opponents were able to pass the 1996 ballot measure, Proposition 209, the so-called “California Civil Rights Initiative” (CCRI). The ban on “preferences” gained the support of 54.6% of all California voters, including 58% of white women and 66% of white men voters. Use of language was key, as a slight majority of Americans approved of some affirmative actions but opposed racial preferences. The CCRI has had a huge toll on Latino and African American enrollment at UC Berkeley and UCLA, which has never recovered. State contracts for firms owned by women and minorities also dropped sharply. Similar initiatives failed in some states but succeeded elsewhere. See online Encyclopedia). (shrink)

Differences in Common engages in the ongoing debate on ‘community’ focusing on its philosophical and political aspects through a gendered perspective. It explores the subversive and enriching potential of the concept of community, as seen from the perspective of heterogeneity and distance, and not from homogeneity and fused adhesions. This theoretical reflection is, in most of the essays included here, based on the analysis of literary and filmic texts, which, due to their irreducible singularity, teach us to think without being (...) tied, or needing to resort, to commonplaces. Philosophers such as Arendt, Blanchot, Foucault, Agamben or Derrida have made seminal reflections on community, often inspired by contemporary historical events and sometimes questioning the term itself. More recently, thinkers like Judith Butler, Gayatri Spivak or Rada Ivekovic—included in this volume are essays by all three—have emphasized the gender bias in the debate, also problematizing the notion of community. Most of the essays gathered in Differences in Common conceive community not as the affirmation of several properties which would unite us to other similar individuals, but as the “expropriation” of ourselves (Esposito), in an intimate diaspora. Community does not fill the gap between subjects but places itself in this gap or void. This conception stresses the subject’s vulnerability, a topic which is also central to this volume. The body of community is thus opened by a “wound” (Cixous) which exposes us to the contagion of otherness. The essays collected here reflect on different topics related to these issues, such as: gender and nation; nationalism, internationalism, transnationalism; nationalism’s naturalization of citizenship and the exclusion of women from citizenship; the violent consequences of a gendered nation on women’s bodies; gendering community; preservation of difference(s) within the community; bodily vulnerability and new politics; community and mourning; community and the politics of memory; fiction, historical truth and (fake) documentary; love, relationality and community; interpretive communities and virtual communities on the Web, among others. Joana Sabadell-Nieto is Professor of Contemporary Spanish Literature (Gender and Feminist Studies) at Hamilton College (USA) and Researcher at the Center for Women and Literature at the University of Barcelona. Marta Segarra is Professor of French and Francophone literature and Gender Studies at the University of Barcelona (Spain), Director of the UNESCO Chair Women, Development and Cultures and co-founder and director of the Center for Women and Literature (2003-2012). (shrink)

Most normative theorists of public apology agree that, while apologies may have multiple purposes, central to most of them is the apology’s narrative power; that is, its ability to tell new stories of wrongdoing, responsibility, and accountability. We judge political apologies by whether they correctly identify the harms in question and the apologizer as the responsible party, whether they acknowledge the effects of this harms on the recipients of apology, and whether they successfully address those recipients as persons deserving respect. (...) The narrative power of official public apologies can also alter legal and political record, as well as media discourse nationally and internationally. Drawing on multiple examples of public apologies to women that were offered (or demanded and not offered), I identify three ways in which attention to gender complicates our understanding of public apology, and the narrative power they hold. These include the difficulties of articulating the nature of gendered harm, given the depoliticization of women’s roles and the stigma surrounding sexual violence, the complexities of traversing the public/private divide by bringing private stories of gendered harm to public attention, and the ways in which attending to gendered and sexual violence reframes our understanding of both political responsibility for wrongdoing, and how apologies express and affirm that responsibility. (shrink)

Stories told about violence, trauma, and loss inform knowledge of post-conflict societies. Stories have a context which is part of the story-teller’s life narrative. Reasons for silences are varied. This article affirms the importance of telling and listening to stories and notes the significance of silences within transitional justice’s narratives. It does this in three ways. First, it outlines a critical narrative theory of transitional justice which confirms the importance of narrative agency in telling or withholding stories. Relatedly, it affirms (...) the importance of story-telling as a way to explain differentiated gender requirements within transitional justice processes. Second, it examines gendered differences in the ways that women are silenced by shame, choose silence to retain self-respect, use silence as a strategy of survival, or an agential act. Third, it argues that compassionate listening requires gender-sensitive responses that recognize the narrator’s sense of self and needs. (shrink)

Despite the amount of attention that activists, educators, psychologists, and the media place on bullying and bullying prevention, there has been no sustained philosophical reflection on bullying, nor has there been a feminist analysis of the growing literature on bullying. This essay seeks to satisfy those two needs. The first section is a broad introduction to the literature on bullying. I define bullying and distinguish it from teasing, sassing, roughhousing, and other more benign interactions. I also outline two common solutions (...) to bullying: zero-tolerance policies and “ecological” interventions. The second section uses feminist ethics of care to analyze the effectiveness of each approach. I argue that ecological approaches to bullying are preferable to zero-tolerance policies because they operate on a relational model of the self and identity-formation. I elaborate a notion of affirmation as the mechanism that stabilizes and solidifies our sense of self across time. I then use affirmation to analyze three things: why people bully one another, the specific harm inflicted by bullying, and why ecological approaches are more effective in reducing bullying. The third section uses my account of affirmation to critique the scientism and troublingly gendered assumptions that underlie much of the work on bullying. (shrink)

This essay argues that translation in Se questo è un uomo (If This is a Man) (1947), as well as in related pieces, functions for Primo Levi as a key means for claiming and potentially repairing manhood. In its capacity to reposition meaning, translation functions as a powerful vehicle for affirming agency, particularly gendered agency. What emerges in Levi's writings, particularly in Se questo's ?Canto of Ulysses? chapter, is the figure of the translator as resistance fighter: the man who uses (...) his intellect, his love of languages and other men, and his desire to communicate in order to combat the assault on humanity perpetrated by Nazism and sustained by its legacy. In this Levi's writing exists on a continuum with the cultural work of the founding members of Giustizia e Libertà and, accordingly, complicates Italy's postwar understanding of partisan activity. Throughout Se questo è un uomo and related works, translation proves a vital if imperfect means for reclaiming manhood and for asserting the possibility of friendship across cultural, regional, ethnic, and gender boundaries. (shrink)

Human immunodeficiency viruses (HIV) and acquired immunodeficiency syndrome (AIDS), COVID-19 and Ebola have exposed the magnitude of care-related tasks on women. Most often, because of the gendered nature of domestic and reproductive roles, women are expected to assume unpaid care-related, nurturing and domestic work. Despite the valuable duties, women are economically poor and othered. These unpaid care duties are exacerbated by pandemics and ratified even further by religion. For instance, in Nomiya Church (NC), the first African independent church in Kenya, (...) women’s experience narratives and biblical texts such as the story of the Proverbs 31 virtuous woman are used to glorify unpaid charitable work for women. Women’s virtuous personality, hard work and character are upheld in Christian spaces, thus obstructing sound work theologies. This article employed African Women’s theological lens in view of pointing out repressing and transformative tenets in charitable theologies of work for social and gender justice. While applying womanhood hermeneutics in the passage, the article points to valued behavioural postures of hard work in responding to God’s stewardship mandate. An affirmation of fair reward and accumulation of property is embraced as a familial complementary role, especially in pandemic contexts. The article amplifies the accumulation of property as a human right and the mandate of stewardship for all earth communities. Hence, charity work is a stewardship framework that all earth communities must engage in for replenishment and sustenance for all.Contribution: The article challenges literal biblical interpretations that glorify charity work. It advances a stewardship framework in understanding unpaid and charity work that all earth communities must engage in to replenish and sustain all creation. The framework affirms the dignity of all human persons through a transformational understanding of the theology of work as enabled by the African theological hermeneutics. (shrink)

Certaines ont affirmé que le concept de gender était une invention américaine, intraduisible par le mot français « genre ». Pourtant, au-delà des distinctions grammaticales, il existe depuis longtemps - bien avant Beauvoir, Oakley, et l'usage postmoderniste construit par Joan Scott et Judith Butler - un usage français du terme « genre », qui spécifie dans le vocabulaire sociopolitique - notamment féministe - la construction sociale et culturelle des sexes. L’objet de cet article est d’en rétablir les trajectoires historiques (...) et de contribuer peut-être à balayer les dernières réticences manifestées en France à son égard. (shrink)

Gender imbalances persist throughout the world, particularly at leadership level, and equally also visible in the case of trade unions. This article focuses on CGTP-IN, the largest Portuguese trade union confederation, and sets out analysis incorporating both figures from this organisation and accounts by female members of CGTP-IN unions. Results confirm the existence of gender asymmetries, especially at the highest leadership levels. Analysis of the discourses of these women leaders reveals some awareness of the influence of gender (...) on professional relations, placing women at a disadvantage, especially where leadership is concerned. Furthermore, four reasons driving the persistence of these gender asymmetries in trade union leadership/decision-making roles were identified: family responsibilities, gendered professional segregation, masculine trade union cultures and traditional gender stereotypes. Nevertheless, the interviewees resist to means of affirmative action such as gender quotas, and instead prefer to prioritise education and raising awareness around gender equality. (shrink)

Legal institutions worldwide construct theories about gender’s ontology—i.e., theories about what gender is—and use those constructions to govern. In this article, I analyse how the Family Court of Australia constructed ontologies of gender to govern young people’s gender-affirming hormone use. By analysing the ‘reasons for judgment’ published about cases where minors applied for the Court’s authorisation to use hormones, I show that the Court constructed two theories about the ontology of gender concurrently—one essentialist and the (...) other performative—which it leveraged to arbitrate the legitimacy of hormone use. By critically examining the Court’s ontological assertions, I argue that both theories advanced anti-queer directives that tethered the legitimacy of hormone use to its promise to produce normatively gendered subjects. This analysis highlights that legal regimes concerned with controlling gender-affirming practices have much more at stake than access to those practices alone. By governing mechanisms of gender’s production, these regimes do not merely shape how gender can be expressed but also the possible forms of gender itself. (shrink)

This article explores the interconnectedness of the earth, gender and food security in the Zambian context using the narrative of Maria Zaloumis (a female Zambian farmer) in the public sphere. It draws on a narrative research design by the restorying of Maria’s trajectory in Agric-business as informed by the African ecofeminist theory. The study shows that Maria was described as an emerging young farmer and an emblem of female entrepreneurship. Her trajectory mirrored the intersection of the earth, gender (...) and food security through her portrayal as a woman who endured life tragedies of losing a child, and being a victim of gender-based violence in her marriage. She drew inspiration from her mother (venturing into farming was linked to her mother), the earth (farming was an outlet for healing from her marital challenges) and religion (attributed her success to God as a member of the Baptist church). Maria’s account which resonates with the injustice suffered by the earth and shared by women through the environmental crises affirms that in the midst of suffering, women could still contribute to food security by turning a crisis into an opportunity and fostering a life-affirming theology.Contribution: The article contributes to scholarship on the earth, gender and food security by bringing to the fore the ways in which women have contributed to changing the Agric-business landscape through the intersection of the earth, gender and religion from the Zambian context. It also adds a new perspective to women’s empowerment and the preservation and stewardship of mother earth. (shrink)

In this paper, I engage with a recent contextualist account of gender terms proposed by Díaz-León, E. 2016. “Woman as a Politically Significant Term: A Solution to the Puzzle.” Hypatia 31 : 245–58. Díaz-León’s main aim is to improve both on previous contextualist and non-contextualist views and solve a certain puzzle for feminists. Central to this task is putting forward a view that allows trans women who did not undergo gender-affirming medical procedures to use the gender terms (...) of their choice to self-identify. My goal is to investigate Díaz-León’s proposal, point out several shortcomings of the view and discuss possible replies on her part. (shrink)