Gender Disparity in Latin America

Gender Disparity in Latin America: A Study on Peace Building

Autor: Montserrat Picado Campos

Feminism is “the belief in social, economic, and political equality” between all genders and sexes (Brunell & Burkett, 2021). Feminism often uses vocabulary rooted in the traditional gender binary of man/male/masculine and woman/female/feminine. This might be seen as one theory’s setbacks, as it might exclude non-binary identities and characteristics. Nonetheless, as will be studied later, the theory still allows for a useful exploration of non-binary gender dynamics.

This work explores gender-based violence (GBV) in Latin America through a peace building lense. To do this, it first outlines examples of GBV in the region. Secondly, it delineates what peace might look like if gender parity was to be achieved. To do this, it draws upon Gatlung’s conceptualization peace (Galtung 2012, 75-79) and violence (Galtung & Fischer 2013, 35-40), Abdalla’s terminology regarding conflict resolution (Abdalla 2019, 84-155), and intersectional thinking (Rogers, Castree, & Kitchin 2013). Thirdly, it explores value-based conflict transformation, building on Lips’ of social cultural theories (2014) and Peterson’s feminization (2010), utilizing Costa Rica as an example.

Femicide rates in the region are perhaps the most easily seen example of GBV. A 2016 survey found that 14 out of the 25 countries with the highest femicide rates in Latin American and the Caribbean (UN Women 2017). This can be partly explained by the region’s “high tolerance towards violence against women and girls,” which normalizes GBV as “part of life for women” (Ibid). Femicide claims the lives of 12 women a day in the region, and 98% of these killings go unprosecuted (Lopez 2020). These high rates of culturally absorbed violence have triggered a number of protests by feminist groups. These organizations claim that GBV is not happening in a vacuum of random attacks, but rather “is welded to patriarchal power structures as a means of keeping women down” (Hinsliff 2020).

Abortion laws in the region reflect this cultural acceptance of GBV. While the Christian backdrop of Latin America might paint abortion as morally wrong, many feminist groups have called for abortions to be legalized and easily accessible in the region (Watson, 2021). Nonetheless, abortion is completely legalized in only a limited number of only Latin American countries, including Argentina (as of March, 2021), Cuba, Guyana, Uruguay, (Ibid) and Mexico (as of September, 2021) (BBC News, 2021).

GBV in Latin America, then, is manifested in different ways. Gender-motivated killings might be highly visible and, as murder, against the law. Abortion restrictions, contrastingly, appear in covert, private circumstances (like medical appointments) and are built into national legislation.

Correspondingly, gender peace will look differently depending on the manifestation of violence it addresses. At this point, Abdalla’s C.R. SIPPABIO framework (2019) for conflict management becomes helpful. Within this model, Abdalla defines conflict management, conflict resolution, and conflict transformation as the stages to conflict solving. Conflict management is “a process used to contain the negative manifestations of conflict without necessarily addressing the underlying conflict over interests, needs or goals” (Ibid 84). It aims at halting hostile and violent actions between the parties (Ibid 87). Conflict resolution aims at helping the parties “understand each other’s needs [and] to [find] solutions that address them” (Ibid 88). Lastly, conflict transformation aims at fundamentally changing the relationship between the parties “from a conflictual one to an amicable one, by addressing deep-rooted conflict sources,” and developing “healthy conflict behaviors that enable to deal with conflicts on their own” (Ibid, 90).

In this framework, Latin American gender peace might be described as follows. Firstly, for conflict management, the parties would have to abandon violent actions. In this case, this would involve putting a stop to gender-based killings and similar types of gender-motivated violence (such as rape and domestic aggressions). Only when this violence has stopped can the process move on to conflict resolution. If aggression is still present, it seems unlikely that either party will want to converse with the otherwhether because the victimizers see the other as disposable, or the dangers this encounter would represent for the victims. Achieving this would amount to negative peace, meaning the absence of violent attacks (Galtung 2012, 75-79).

Negative peace, however, does not address issues such as the lack of access to abortion in the region. As mentioned above, at least some of the limitations surrounding abortion access can be attributed to the region’s deeply ingrained cultural values. Galtung and Fischer (2013) call this kind of violence ‘cultural violence’ (35). Cultural violence, the scholars argue, legitimizes structural systems that cause “basic human needs deficits” without direct violence such as killings or physical attacks (Ibid). Addressing this type of violence is a step towards ‘positive peace’ (Galtung 2012, 75-79).

In this context, Abdalla’s conflict resolution would amount to pro-choice and anti-abortion advocates to actively engage between the sides (as opposed to mere information sharing).[1] Conflict resolution would imply anti-abortion camps being open to understanding the pro-choice arguments of freedom of choice (personal decision, medical need, etc). It would also imply the pro-choice movement’s willingness explain these issues to the opposing side. This level of communication does not seem to be present in Latin America. Therefore, the structural violence manifested in the lack of abortion access remains unaddressed.[2]

Conflict transformation seems an even bigger challenge. As highlighted above, this requires a complete change in the relationship between the parties. Looking at abortion access in Latin America, granting access to safe abortions stands at odds with deeply held cultural values, and changing these values is a highly difficult task (as will be explored below). As such, cultural violence continues.

In fact, for conflict transformation to be effective in managing GBV in Latin America, cultural transformation must extend beyond cultural violence, relating to feminism itself. Feminism is understood to have originated in the global West, with the goal of revindicating women as equal to men (Brunell & Burkett, 2021). Yet, as will be explored below, it addressed this without considering intersectionality until much later in its development. Intersectionality as a theory recognizes that various forms of discrimination (race, gender, sexuality…) “do not work independently but interact to produce particularized forms of social oppression” (Rogers, Castree, & Kitchin, 2013). Because of its Western origins, feminism’s first and second waves focused on gender equality as defined by “educated middle-class white women who built the movement primarily around their own concerns” (Brunell & Burkett, 2021). It wasn’t until third wave feminism (circa 1970s) that the interplay between race-, income-, and gender-based discriminations was included in the agenda (Ibid). The first recommendation as to how to build gender peace in Latin America, therefore, is to include intersectionality in the process. Not doing so would exclude fail to account for the specific needs of populations such as black, indigenous, LGBTQIA+, and migrant women, among others. This exclusion, in turn, could lead to the appearance of new grievances and, consequently, further violence.

In a similar vein, this peace should also include women who want to embody traditionally feminine roles. Being a stay-at-home mother or refusing to get an abortion should not be grounds for exclusion. Antagonizing women who hold these beliefs would only create a different set of grievances which, similarly to those created when intersectionality is not considered, could create further conflicts. Feminism aims at equality among genders. This can be expanded to include equality within genders. It would be illogical for feminism to consider certain women superior to others based on their adherence to traditionally feminine characteristics; this differentiation follows the very patriarchal logic that feminism stands against. Gender equality, therefore, is not about eliminating the choice for women to embody traditionally feminine traits. Rather, allows women to make a choice, to create their identities in whichever way they desire, without being endangered by these choices.

This expands to the inclusion and benefit of other groups, such as men and the LGBTQIA+ community through the concepts of social cultural theories and feminization. Social cultural theories argue that, because so many cultures give higher status and power to men, behaviors seen as masculine are considered powerful and those seen as feminine are considered powerless (Lips 2014, 5). This is furthered by the fact that traditionally masculine attributes usually involve “strength, dominance, and leadership,” while traditionally feminine characteristics encompass “agreeableness—and willingness to bend to a situation rather than take charge” (Ibid 14). The adoption and internalization of this way of thinking created a hierarchy where masculine qualities are seen as desirable in leaders, and feminine ones are easily dismissed (Ibid 14).

Peterson furthers this with the concept of feminization. According to the scholar, societies have normalized a gender code where “that which is characterized as masculine” is privileged at the expense of the stigmatization of that which is “feminine” (Peterson 2010, 18). Since this is a hierarchy of characteristics rather than people, the privilege given to the masculine “does not privilege all men or only men” (Ibid). Instead, “[t]he more an individual or social category is feminized, the more likely (not invariably) that its devaluation” can be explained by this femininity (Ibid 18-19). Correspondingly, it can be deduced that the more an individual or social category is masculinized, the more likely their advantage can be explained because of their masculine characteristics. As such, and given that men can be argued to be traditionally related to masculinity, this hierarchy leads to the prevalence of men over women.

However, as Peterson points out, groups of “sexually, racially, culturally, and economically” deviant men can also be undermined by this logic (Ibid). Homosexual men, for example, can be seen as “effeminate gays” (Ibid), demoting them in this patriarchal gender hierarchy. Other such groups can include ““lazy migrants,” “primitive natives,”” and certain professions usually associated with feminine qualities (such as care-based jobs) (Ibid 19).

Given this valuing of masculine traits over feminine ones, a long-term solution to gender inequality would involve tackling cultural violence, in this case displayed in the superior position held by masculine traits. This, in turn, would lead to Abdalla’s conflict transformation. The idea of seeing a man, for instance, working as a nurse might not be shocking to some readers. True conflict transformation, however, would be achieved when the gender values that at any point created an environment where a male nurse would be seen as a sub-class of men are no longer prevalent in society. The decriminalization of abortion, or the implementation of monetary incentives for maintaining gender equality in the number of workers in any given institution are examples of measures that might assist in this conflict resolution. Nonetheless, the roots of the issue will not be addressed until true conflict transformation takes place, which involves the addressing of deep-seated cultural values.

This transformation is no easy task. In discussing values and beliefs as sources/causes of conflict, Abdalla (2019) argues that “[v]alues and beliefs are very important for individuals” in the shaping of their identities” and of their moral systems (48). As such, issues born out of conflicting personal values “have a tendency to be long-lasting and can become very violent” (Ibid). This is further complicated when one considers that “[t]he morals of human beings are closely linked with culture and socialization,” which leads to the creation of common cultures and morality values among communities (Ibid 49). This is not merely a difference of opinion between individuals. Rather, as mentioned above, it is a matter of socially accepted and reproduced values.

Costa Rica is a good example of these difficulties. Costa Rica is a strong promoter of human rights and “it makes meaningful contributions to globally significant incentives” (Brysk 2005, 447). Particularly important in the Latin American context, Costa Rica was a key player in the construction of “the Inter-American Human Rights Regime [including the Inter-American Court of Human Rights], which is among the strongest regional regimes, and has served as an advocate for human rights treaties, institutions, and enforcement within that system” (Ibid 449).

Yet, this did not prevent conflict from arising between the Court and Costa Rica in matters related to equalitarian marriage. On May 18th, 2016, Costa Rica asked the Inter-American Court of Human Rights for an advisory opinion regarding, among other topics, “the recognition of patrimonial rights derived from a relationship between persons of the same sex” (Caldas 2016, 2). On November 24th, 2017, the Court advised that its Member States should extend all the rights and family protections already existing for heterosexual couples to same-sex partnerships (Inter-American Court of Human Rights 2018).

The Court’s response was made public in the midst of a presidential election in Costa Rica. The two candidates for the final round stood in opposite sides regarding the Court’s mandate, which Carlos Alvarado supported and Fabricio Alvarado (no relation) strongly opposed (BBC News B 2018). Fabricio Alvarado, an evangelical pastor, went as far as to pledge that he would pull Costa Rica out of the Court and the Organization of American States if he was elected, seeing the mandate as a violation of the state’s sovereignty, principles, and values (Henley 2018). When Carlos Alvarado won the election (with 60.8% of the vote), Costa Rica became the first Central American country to allow same-sex marriage on May 26th, 2020 (González Cabrera 2020). This, some argue, was a show of Costa Rica’s commitment to the protection of human rights and to regional mechanisms (Ibid). However, the country remained deeply divided on the issue, with lawmakers in Costa Rica trying to delay the Court’s ruling from taking effect, an effort that resulted in a fist fight between some of the individuals involved in the meetings surrounding this delay (Lopez-A 2020).

These tensions are not unique to Costa Rica. Christianity was introduced to Latin America during colonial times and continued to be “intimately involved in the producing and then maintaining” of the inequalities present today in the region’s social structures (Scheper Hughes & Campos Machado 2016, 4). The redemocratization process in some countries also carried demands for greater equality in economic and social areas, including sexual orientation (Ibid 4-5). Nonetheless, religion still plays an important role in the region. Conservative Christians still have a strong political capacity in Latin America, touching upon social movements, political parties, elections, and the media (Ibid 5, 9). Most predominantly, conservative Christians tend to conflict with movements related to queer and reproductive rights (Ibid 10). In fact, when a government in the region attempts to protect the rights of those within the queer community, they are almost always met with strong religious opposition (Ibid 10).

The movement for abortion rights in Costa Rica was met similarly. In 2018, a commission of experts created by the National Ministry of Health created a draft of a Technical Norm on Abortion (Ugarte 2018). This came as a response to 2 claims presented by women to the Inter-American Court of Human Rights after they were denied abortions in national clinics when their pregnancies put their lives at risk (Ibid). According to Article 121 of the National Penal Code, termination of a pregnancy when the mother’s life is at risk is legal (Ibid).

The draft Technical Norm aimed at clarifying the process to follow to grant fair and complete access to Article 121; it did not legalize abortion in other cases (Ibid). Yet, certain political and civilian factions manifested strongly against the passing of the norm. The opposition party threatened the government with legal action if the norm was approved, claiming that it would be equal to the legalization of a crime denying the basic human right to life (Ramírez 2019). A civil group organized a march opposing abortion in all its forms, specifically demanding that the Technical Norm was not passed, a march the Catholic Church urged is followers to attend and support (Quesada 2019). After the draft was aporoved, the opposition attempted to have it rescinded by legal means (Ramírez-A 2019).

As mentioned earlier, Costa Rica is at the forefront of global human rights defense. Yet, these examples demonstrate how far reaching the effects of deep-seated cultural values are. This serves as an illustration of the difficulties faced by conflict transformation which, in itself, remains a significant challenge to achieving gender peace in Latin America.

Hence, the current situation of gender-violence in Latin America can be summarized as follows. Firstly, GBV in the region builds on a base of cultural acceptance towards violence against women and has different manifestations, including high rates of gender-motivated killings and the criminalization of abortion. In this sense, conflict management would involve putting a stop to gender-based killings and other physical attacks. Conflict resolution would involve tackling structural violence by establishing a dialogue where victimizers are made aware of and accept the reality of their victims’ lived experiences. Lastly, conflict transformation would address the adopted culture of violence in Latin America from an intersectional perspective, involving all affected groups. Tackling these values, however, is not an easy task, as exemplified by Costa Rica’s struggles with the legalization of equalitarian marriage and (albeit restricted) abortion.

End Notes

[1] Within this paper and within Dr. Abdalla’s framework, it is assumed that the safety of the belligerent parties is guaranteed for conflict resolution. Following the example of the married couple, conflict resolution would not be advisable or possible if one of the spouses presented a danger to the other. In this sense, conflict resolution between pro-choice and anti-abortion groups would not be advisable or possible if the establishment of the dialogue represented a danger to either party’s well-being. In other words, conflict management is a prerequisit for conflict resolution.

[2] For more information on sexual and reproductive health and rights, including access to abortion, please see the OHCHR’s Information Series on Sexual and Reproductive Health and Rights (https://www.ohchr.org/en/women/information-series-sexual-and-reproductive-health-and-rights)

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Biografía del autor

Montserrat is a Costa Rican national with a wide range of professional and educational experiences. She holds a Master of Arts in International Relations and Comparative Literature and a Master of Letters in Legal and Constitutional Studies from the University of St Andrews (Scotland) and a Master of Arts in International Law and Human Rights from the University of Peace (Costa Rica). She has focused her professional career in refugee protection and human rights, having worked in direct refugee assistance in Calais, France and in resettlement programs at the International Organization for Migration. Previously, she has also served at the Office of the High Commissioner for Human Rights, the Organization of American States, and the Embassy of Costa Rica to the United Kingdom. Currently, Montserrat serves as the Associate Director at the Human Rights Centre at the University for Peace.

*TODAS LAS OPINIONES EXPRESADAS EN ESTE ARTÍCULO CORRESPONDEN A LA AUTORA Y BAJO NINGÚN MOTIVO PUEDEN CONSIDERARSE CÓMO REPRESENTATIVAS DE LA POSICIÓN OFICIAL DE LA UNIVERSIDAD PARA LA PAZ

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