Wednesday, January 28, 2009

Chapter 4

On page 79 it says, "Because the new legal right to equal employment opportunity confers one and the same right on men and women, it cannot do justice to those special needs of woman that arise from thier exclusive reproductive function and its social implications." This made me think about third generation rights because the only way that woman are going to achive good things in the work world is to be granted rights as a group of woman. This idea was mentioned in ch.4 (80). Because right now they are granted to individulas as citizens, men or woman. I think its a great idea to stand force as a group. I would be intrested in seeing the rhetoric of those new 3rd generation rights.

Now I turn to the right not to be raped section and my confusion there. I understand that the law realizes this as a crime but I was surprised by the exceptions. I also kept thinking that to me this seemed like it should have belonged in the first generation of rights. It is after all negative insofar as it say you shall NOT rape woman as opposed to equal employmeny which is saying "do something for me". It seems like we should have a claim right to not be raped, I have a right not to be raped and you have a duty not to rape me, no matter if your married or not, but yet it is a new right. Is this because women started to get rights after the first generation of rights were already established? This brings me back to my point before if these rights in chapter 4 aren't first generation rights , and they don't seem to be second generation rights either, dosesn't it make sense to go at them from a third generation lens as a group?

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