International law is a system of rules that governs relations between states, individuals, and international organizations. It comprises treaties, customary international law, general principles of law recognized by civilized nations, and judicial decisions. Sexual politics refers to the ways in which gender roles are constructed and socially defined in relation to power, privilege, and authority. In this essay, I will explore how these laws reflect the biases of Western sexual politics.
The most significant bias reflected in international law regarding sexual politics is the assumption that heterosexuality is normal and natural. This bias is evident in various treaties, conventions, and laws, including the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination against Women, and the International Covenant on Civil and Political Rights. These documents assume that all human beings have an inherent right to marry someone of the opposite sex without interference from the state or society. They also recognize marriage as an essential component of social life and do not acknowledge alternative forms of intimacy, such as polyamory or polygamy. As a result, countries must criminalize homosexuality and other non-heteronormative practices, limiting individual rights and freedoms.
Another prevalent bias in international law is the belief that women should stay at home and raise children while men work outside the house. This patriarchal view is reflected in many laws that restrict women's access to education, employment, and property ownership.
Some countries still require husbands to provide for their wives financially, regardless of whether they contribute to household chores or earn an income.
Religious customs may allow men to take multiple wives without any legal consequences.
Such arrangements violate women's rights by denying them financial independence and agency over their bodies.
International law assumes that male superiority is normal, which leads to discrimination against female employees in some countries.
A man might get paid more than a woman performing the same job due to gender stereotypes about masculine qualities like strength, leadership, and authority. In addition, some cultures consider it acceptable for men to physically assault their partners if they fail to meet expectations of domesticity.
International law does not address sexual violence adequately. Rape culture remains prevalent in many parts of the world, where rape is used as a tool of war or political oppression. International treaties on human rights do not include provisions explicitly prohibiting sexual violence or allowing victims to seek justice. Similarly, many countries lack laws criminalizing marital rape or other forms of intimate partner violence. As a result, survivors must endure trauma and shame, while perpetrators go unpunished.
Western sexual politics has shaped international law, resulting in biased and outdated norms that disadvantage marginalized groups and restrict individual freedoms. To rectify this situation, we need comprehensive reforms that acknowledge diverse sexual practices and promote equal opportunities for all genders. This includes recognizing alternative family structures, banning polygamy, ensuring financial equality between spouses, and criminalizing marital rape.
How does international law reflect the biases of Western sexual politics?
The international legal system is often criticized for its limited ability to address issues related to gender equality and LGBTQ+ rights due to its origins in Western cultural norms. The United Nations has been working towards promoting these issues through various conventions and treaties, but their implementation remains challenging.