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From the moment we born, people have already been attributed as male or female, which is classified by our biological differences of body. However, there are other characteristic, e.g. mental, social definitions of sexes, for dividing us into masculine or feminine. From the past to present, gender difference has long been a debatable topic in our society. Different approaches, mainly essentialism and constructionism, have different view on the origin of gender different. The main debate is that whether gender differences are socially constructed or derive from biological differences. In the following, I will first look back the essentialist and constructionist debate on the issue of gender difference. Then, whether gender is socially constructed in the aspect of family, education and mass media will be argued.

For essentialist, it is agreed that gender differences are of an intrinsic of nature, which is related to psychological and physical differences of our body. Determined by different genes and hormones, everyone have their own particular features and attributes. That means that people are born either women or men, which depends on whether they have penis or vagina. Besides, it is argued that gender differences are propelled by natural force which resulted in inequalities between male and female. As men and women are born to be fundamentally different, it is impossible to have an equal society root and branch.

Oppositely, the constructionist thinks that the gender roles are created culturally instead of biologically. They argued that gender roles are culturally resulted as our emotion, action, desire and relationships with others are affected by the society and people. As we interact with others every day, we will learn what the society expects for male and female. Through gender socialization, feminine or masculine roles will be taught to the children by various social institutions, e.g. family, region, law and so on. It is claimed that when an infant is born, gender socialization starts. We are doing gender through socially guided activities which shapes our perception of masculinity or femininity.

For example, in our society, most of the women are allowed to wear dresses and high heels. While for men having this kind of dressing, they will be classified as abnormal. For this situation, the constructionist will argue that because of the society, it is socially acceptable for women to wear dresses and high heels. The society has a norm that women are allowed to have this kind of dressing and this concept shaped our mind. However, for essentialist, they will argue that it is due to the women’s biological organ, women are normal for wearing dress and high heel. Instead of social construction, the distinctive biological dissimilarity of body create these differences.

From the above, it is known that there is a fierce debate on whether gender is of biological differences or is socially constructed among essentialist and constructionist. To a larger extend, it is thought that gender is socially constructed. As we are living in a society that we interact with others every day, it is undeniable that gender socialization is happened to us from child to adult. In other words, both Masculinity and femininity is the result of socialization. Thus, this implies that society creates gender role and differences, which is consistent with the view of constructionist. In the following, I will explain how the gender is socially constructed by various agents, including family, education and mass media.

From Lindsey (2011), Family is the most crucial primary socialization agent for children since first knowledge and value are learnt. Kimmel, 2011 also claimed that Gender socialization have begun when we born. It is believed that families have the power to affect individual’s emotion, behaviors and values. So, during the process of growing of children, they will learn to understand their own gender. Norms and customs of different genders are learnt from parent primarily. When we are small, our parents encourage acts that are consistent with the norm of our gender and prevent us from doing some behavior that are of the opposite gender. For instance, girls are encouraged to play doll while boys are encouraged to play gun.

For constructing gender of children by family, there are mainly four ways which is proposed by Ann Oakley. Manipulation is one of the ways that parent encourage behaviors that are appeared to be normal for the children’s gender. For example, boys are encouraged to join basketball practice while discouraged from joining ballet lessons. The second one, canalization, is that parent guides the children’s interest to the activities of their gender. One example is that girls are guided to play cooking sets. Verbal appellation which means that children’s gender are constructed through naming them. “Cute girl, don’t be so rude.” is an apparent verbal expression which teaches the children appropriate act of their gender. The final method is by different activities. Parents usually arrange girls take part in indoor domestic activities while boys take part in outdoor activities.

According social learning theory, it is stated that people learn the social behavior primarily by observing and imitating others behavior when they are young. Children spend most of their time at home with their parent which they may learn the gender role from them by observing. A recent research done by Charles (2002) supports this point. It shows that family have a gender stereotype that males generally work outside and females have caring roles. This implies that boys and girls learn this kind of role from observing their father’s and mother’s behavior.

In addition to family, education also plays a key role in constructing gender identity. School is a place that children are having second stage of socialization. It is clear that children spend most of the time at school after the age of three. So, Formal schooling provides a major medium for children to learn and reinforce the cultural expectations for males and females (Finn et al. 1980; Lee et al., 1994).

At school, there is different treatment toward girls and boy. Teachers play a role in socializing girls towards femininity while boys toward masculinity as there must be interaction between teachers and students. From the words of the teacher, it already instills some gender characteristic for the students. For instance, girls are lauded for quiet and elegant, whereas boys are praised for active or speaking up by teachers. Clearly, role or norms of gender are shaped in this approach. Moreover, the content of textbooks or literature that is taught in the classroom may have some knowledge related to gender role. Some literatures with masculine pronoun or history that determined that role of men influence them as it may be the role models which are looking up. Besides, some gender roles are also distinguished from the curriculum. It is known that the curriculum is still different for girls and boys in some developing countries. For the case of Uganda, girls are receiving more knowledge related to family life and home while boys get information of sports or productive still. (Mirembe & Davies, as cited in 9789241596435_eng, 2001)

Another aspect of education which helps shaping the gender roles is the playground activities. Playground is a place that clearly distinguishes the gender role. For boys, they usually participate in sport game actively. For girls, they would have some social activities or indoor activities. Schools are made up of students with similar age and status. It is common to see that children with same gender play together. In this stage, children have already developed a much intense consciousness of gender identity. Thus, it will soon closure into a more rigid gender roles.

From the above, we know that education is also one of agents which the gender constructed socially. Media contribute significantly to construction of gender in our early life. Media are the diversified media technologies that are tried to gain a large audience by mass communication. There are various kind of media, including broadcast, print, outdoor, internet, etc. Throne (1993) claimed that gender role stereotypes are often internalized by children from the media, especially television. Moreover, research done by Anderson, 1986 also shows that television influence children’s lives greatly.

For teenagers, popular television drama and magazines help them develop and sustain the lifestyle of their gender through photos or dialogue. Prevalent gender ideologies or characteristics which imply gender differences are transmitted to the adolescent visually and verbally in the media. (Tinkler, 1995) For example, we seldom see male nurse in the television drama. In nowadays, since we have assumed that women are much more caring and benevolent to men, female are more suitable than male to be nurse. Again, gender differences can also be shown in the media which socially constructed the gender identity among male and female. Moreover, adolescents tend to share what they have read and saw through the media. By interaction between youngster, gender are constructed collaboratively. Moreover, it is claimed that presented gender behavior in images by music or movies help adolescents to take the idea of what meant to be a men or women. (Greenberg et al., as cited in d, 1986)

When it comes to the media, gender stereotype are also found in different media, especially in propaganda. It is a powerful agent which affects our attitudes, beliefs and the values that we are of ourselves, others and the world. (1018899522353.pdf

) It is not difficult to find female or male stereotype among the news, magazines or on television. For example, advertisements promoting slimming programme and plastic surgery are found everywhere in Hong Kong, from magazine to MTR’s advertisement board. Models in the propagandas are stereotyped that women should be slim, beautiful and with big breast. There are also some advertisements promoting masculinity among men. Muscular and powerful are the male characteristics which are stereotyped too. It is found that male characters were presented as a valued role model, but it were ” supermasculine” with personal feature of aggression. (Peevers, as cited in mass media and gender, 1987). In most of the film, men are usually engaged in violent scenes of rape and kill. (Nelson, as cite in mass media and gender, 1985) This shown both good and bad men is aggressive. For instance, in film of Batman, Batman has an image that he is powerful, muscular, and aggressive in killing the bad guys. This creates gender stereotype. As children or adolescent is easily access to these kinds of film, this kind of stereotype are easily instill in their mind which are process of gender construction. As a result, this kind of gender stereotype may change or shape the children’s view toward gender, which affect them constructing their gender.

From the above, it is clear that gender is socially constructed through family, education and mass media. Besides, many socialization agents who are not mentioned play a role in shaping our gender identity. To a larger extend, it is thought that gender is socially constructed instead of biologically construct. Since we are exposed to different socialization agents every day and everywhere, it is impossible to say that we haven’t affected by the society. Famous sociologist George Herbert Mead also claimed that the self-identity is not present when we were first born, instead, it is developed with social experience.

Abstract

Death is a natural process experienced by every being. Yet, society’s attitude towards death and dying has become one of fear and avoidance. The intention of this essay was to consider factors that account for the gradual shift in social perceptions of death. The exploration of historical experiences of death identified the link between an increased awareness and fear of mortality, with the impact of medicalisation. It acknowledges how the radical improvements within healthcare have limited society’s exposure to death by reducing the number of premature deaths. Adaptations to the care of the dying are also associated with the prevalence of the medical profession and the decline of religious influence. The essay highlights sociological concerns over the isolation of the dying, particularly when care provision is confined within the hospital environment, causing death to be hidden from society. The diverse rituals and traditions demonstrated by a variety of cultures were examined, along with the contrast in burial rites between the social classes. The psychological impact of death discussed the potential of creating a perpetual fear of dying, through childhood socialisation of death and grief.

Removal of such fear and misconception is associated with the vision of palliative care. Evaluation of its strategy identified its aim to improve quality of life by promoting informed choice and patient focused care. It also acknowledged the limitations of its resources and the restriction of services to specific conditions. The culmination of all factors expressed within the essay is fundamental to the changes in social attitudes. An increased awareness of mortality and the desire to prolong life wherever possible has contributed to a fear and denial of death. Overall, social perceptions of death and dying are subjective to cultural diversity and are adaptive to the dynamics of society.

“In this world nothing can be said to be certain, except death and taxes” (Franklin, 1789, cited in The Phrase Finder, 2013).

The words of Benjamin Franklin signify the reality of death’s undeniable role in natural existence. Yet, the subject of death is more widely associated with morbidity than a universal biological process. Prior to the 19th century, very little research or literature featured such a taboo subject. This essay will explore changes in social attitudes to death and dying, with particular focus on changes in historical patterns, rituals and traditions and the progression of the hospice movement. Pre-modern society was well acquainted with death; the event, though tragic, was encountered with little surprise or overwhelming fear. The historical perspectives of death will outline the contrast between such awareness and acceptance of mortality during the Middle Ages, to modern society’s focus on prevention and cure.

The rituals and traditions surrounding death will consider the burial rites associated with social and economic status and present the symbolic interpretations of diverse cultures within society. The sociological impact of death will appraise the social disruptions caused by grief, and the positive social functions of death that contribute to equilibrium within society.

Additional analysis of the shift in attitudes towards death will discuss the notion that society is graduating towards further denial of death. It will examine the media’s portrayal of death in society, along with the desire to control and prevent death through medical science and technology. A brief review of the psychological perspective of dying will refer to socially constructed attitudes to grieving. In particular, parental socialisation and childhood experiences of grief that contributes to a perpetuated fear of death.

Finally, examination of the research into the growth of the hospice movement will reveal the history behind its evolution and review the pioneering work of Dame Cicely Saunders. Critical analysis of palliative care will attempt to identify limitations of the service, along with the efforts by palliative care councils and charities, to extend services and prevent social exclusions. These services, when implemented effectively, have the potential to change society’s perception of death and the dying process.

Historically, the risk of death in western societies has reduced significantly over the last few centuries. Improvements within childcare, education and the discovery of antibiotics, has limited society’s experience of infant mortality and contributed to an overall increased life expectancy. Premature death of children under the age of five was just 5% between 1990 and 2010, in comparison to the thousands that failed to thrive during the Middle Ages, due to poverty and diseases such as tuberculosis and the Black Death (WHO, 2012, p19).

Chronic and terminal illnesses such as cancers, cardiovascular disorders and respiratory diseases account for the majority of deaths among the middle aged in contemporary society. The younger generation tends to be associated with deaths resulting from suicide, Aids and illnesses related to drug and alcohol abuse (Taylor and Field, 2003, p156). Medical technology has contributed to the eradication of many diseases within western countries but it is yet to take effect on a global level. Populations within Africa continue to be affected by cholera, leprosy and malaria. Survival rates are low due to extremes of poverty, unsanitary living conditions and limited access to medical treatment (WHO, 2012, p94).

Death and disease was encountered during the Middle Ages with such regularity, it became less feared. Historian Aries (1974, p7), referred to death in this era as “tamed death”. Death was experienced on a communal level as friends, family and even children visited the dying on their sick bed, “with no theatrics, with no great show of emotion”, (Aries, 1974, p13). Religious influence was prominent during the 11th and 12th century and great emphasis was placed on the judgment of the individual on the last day of their life. A strong allegiance with church was believed to determine resurrection. Thus, the process of “One’s own death”, (Aries, 1974, p36) became more personal, indicating a greater awareness of existence and mortality.

The 18th century witnessed the most significant change in social attitude towards death. “Thy death”, as described by Aries (1974, p66), intensified the emotional aspect of separation. This lead to more pronounced displays of grief through a greater fear of loss. The emotional impact of death contributed to a new desire to withhold the prognosis of death and relocate the dying to the hospital environment. Aries (1974, pp86-89), refers to this as the “Forbidden death” as traditional rituals of death were abandoned and replaced by clinical practices of the medical profession. The religious figures’ responsibility of overseeing the death process was relinquished to the physicians.

Sociologists such as Elias (1985, cited in Giddens, 2009, pp320-321), acknowledge that medicalisation has enabled greater management of symptom and pain control. However, in doing so, the dying are pushed behind closed doors through a societal need to civilise the death process. He argues the promise of death free from pain and distress may come at the emotional expense of patients; as dying in hospital is both isolating and lonely. Caring for the terminally ill in hospitals became the cultural ‘norm’ and was the site of approximately three quarters of all deaths by the 1950’s. Ironically, many elderly people are more fearful of the institutionalisation of hospitals and nursing homes than death itself. They feel a loss of identity when removed from social circles and loved ones, to an unfamiliar environment where care is provided by strangers (Kearl, ND).

Conversely, many sociologists argue that medicalisation of death has established positive social functions. Kellehear (2000, cited in Howarth, 2007, p135) maintains that “good death” is subject to a degree of social regulation, reliant on the collaboration of the patient, their family and the medical profession. He claims that if the responsibility of care is placed in medical hands, the patient and their family can be proactive with preparations and the organisation of personal matters. He argues, in certain circumstances the patient may continue to work, promoting self -worth and a valued contribution to society.

Continuation of social roles is dependent on the nature and progression of the condition. Illnesses that cause a gradual decline in health and an anticipated death, arguably, have less impact on society. Sudden and premature deaths can evoke more intense reactions within society and require lengthier periods of readjustment (Clark and Seymour, 1999, p11). Diseases such as AIDS can attract negative societal judgment, causing sufferer’s to withdraw from social interaction. They may experience a loss of identity to the disease and choose to keep the stigma hidden from social view (Moon and Gillespie, 1995, p89).

Deaths caused by AIDS and suicide tend to receive less empathy due to the perception of personal responsibility. Yet, some cultures in Japan view suicide as an honourable act with no attachment of religious punishment. The high rates of suicide among Japanese women over the age of 75 are thought to relieve the burden of care and responsibility from loved ones. Although suicide is still perceived negatively by Western societies it does not reflect such extreme attitudes of the Middle Ages. The historical shame attached to suicidal death led to the denial of proper burial rites. Suicide victims were often buried in the same manner as criminals and the poor of society, in unmarked graves and ditches (Howarth, 2007, p65).

Burial within the confines of the church was the privilege of the wealthy. Those of high social status endeavoured to secure a burial plot under the flagstones, or within the walls of the church, believing this increased their chance of resurrection (Aries, 1974, p18). The poor did not qualify for such opportunities. Their burial was of little significance to the churches entrusted with the care of the dead. The poor were buried in either, unmarked graves or large communal ditches. As the pits became piled high with the deceased, older ditches were re-opened and the remaining bones were removed (Aries, 1974, pp18-22). This was common practice until the 18th century when concerns were raised over the lack of respect shown towards the remains of the deceased. Tombs were introduced to accommodate the dead and reduce the risk of disease from the foul smelling ditches (Aries, 1974, p70).

The evolution of undertaking as a recognised profession and business replaced the primitive role adopted by carpenters and grave diggers. The management of death and burial came at a high price as funeral processions developed into a spectacle of wealth and social status. Little consideration was given to the poor, who, in extreme circumstances would store bodies of their loved ones until able to pay the funeral costs. The poor were also at the mercy of thieves involved in stealing recently expired corpses and selling them to the medical profession for analysis. They could not afford to pay for reinforced coffins or graves that offered protection within the confines of the cemetery. Such was the stigma of a ‘pauper’s burial’, people began to take out burial insurance and often went without food to maintain contributions to their policy (Howarth, pp222-242).

The increasing cost and unsanitary nature of burial motivated an influential figure, Sir Henry Thompson, surgeon to Queen Victoria, to propose an alternative method of dealing with deceased. In 1874 he founded the Cremation Society of England and began the lengthy campaign for the legalisation of cremation. Despite continued opposition from the Home Office, it was eventually pronounced legal in 1884 during the trial of Dr William Price in a South Glamorgan courtroom. Price was an 83 year old man who was arrested for attempting to cremate the body of his five month old son. The judge, Mr Justice Stephen, declared cremation would be permitted as long as the process did not impact negatively on others. This gave rise to the construction of crematoriums and the realisation of the cremation movement on a global scale. During the 19th century “The Cremation Society of England” became “The Cremation Society”, forcing the Home Office to recognise this as a legal alternative to burial and issue cremation regulations that remain present to date. The Roman Catholic faith was also forced to acknowledge the shift in public opinion towards cremation. This led to the Pope lifting the ban that previously forbade catholic priests from conducting services in crematoriums (Cremation Society of great Britain, 1974).

Although cremation has become increasingly popular in contemporary society, many continue to uphold the traditional ritual of burial. The expansion of cemeteries within close proximity of museums and parks has created more accessible environments and a society inclusive of the deceased (Kearl ND). Decorative memorial statues and headstones are more prevalently adorned by floral displays and traditional flower wreaths, symbolising continuity and eternity.

Symbolism associated with the rites of passage reflects the varied cultural traditions within society. Colour is a universal symbol of death and grief, yet there are such variations of colour worn by different cultures. Black has been the traditional colour to mark the period of mourning within Britain. A torn black ribbon worn on clothing is also significant to Jewish culture and is worn for the first seven days of their mourning period. Conversely, white is worn by Sikh, Buddhist and some Hindu cultures, symbolising purity and eternal life. (Everplans, ND). Mourning periods are also subject to cultural diversity and social regulation, as “normal” routines and social interactions adapt to the beliefs and traditions of the individual.

The sociological impact of death and its associated mourning period are socially disruptive on a variety of levels. From a functionalist perspective, the societal roles of those close to the deceased may be compromised by extensive grieving periods that can negatively impact upon the equilibrium of society. Whilst the customary ritual of mourning is acknowledged by society, there is a limit to its tolerance. There is an underlying necessity for the individuals to resume their roles and re-integrate with their social groups (Howarth, 2007, p235). The depth of disruption to social order is dependent on the number and circumstances of death and the re-distribution of roles within social groups. Historically, the effects of the Black Death on the working class community were experienced on a far greater scale through the loss of so many lives. Yet, the social groups of the upper class were able to function to some degree. They utilised their wealth and status, retreating to sanctuaries to protect themselves, whilst continuing their positions and roles from a safe distance. Re-establishment of roles is essential, not only to maintain society’s ability to function, but also to limit the financial cost of death (Kearl, ND).

As Marx (1964, pp71-73) argued, a capitalist society has little sympathy for the workers, who, in their attempts to meet the demands of the ruling class put themselves at greater risk of death. The focus remains on the potential disruption to work and its threat to capitalism. Working hours lost to grief and mourning reduces production and profits. Death also provides opportunities for financial gain within a capitalist society; insurance policies, funeral and burial costs undoubtedly contribute to capitalist economic wealth.

Social mechanisms have evolved throughout history to reduce the disruption of death to society. During the Middle Ages, when childhood mortality was commonplace, people were socialised to refrain from forming a deep attachment to their children. Many did not refer to their children by their names until they reached a certain age, as survival rates were low. Women often gave birth many times to increase the likelihood of the survival of at least one child. Through the effects of medicalisation, premature deaths have been significantly reduced. Medical institutions have increased the promotion of health awareness to minimise the risk of death and its disruption to society. Death itself has become less visible as social systems of modern society have contributed to the institutionalisation of the dying. Funeral arrangements have become a more discrete process through delegation of matters to businesses specialise in the management of death (Kearl, ND).

Death, though disruptive, has evident positive social functions. Society’s rules of succession allow the social roles of the deceased to be surrendered to family members or the wider community, creating the potential of social mobility. Death also functions to control an ever increasing population, whilst its fear induces a greater level of social control and conformity (Kearl, ND). An increased awareness of mortality can promote reflection on the values of a society. When death is experienced on a large scale, communities demonstrate a collective approach to morals and values. Social bonds are formed as they attempt to cope with tragic circumstances and are united in grief (Howarth, 2007, p112).

Tragedies and natural disasters that lead to mass death receive extensive global media coverage. Televised news reports provide visual access to scenes such as the gunfire during the Gulf War and the terrorist attacks on the World Trade Center. Despite the morbid aspect of death, television shows such as ‘ER’, ‘Six Feet Under’ and ‘House’, depict scenes of death and dying that have become a part of popular culture. Film productions incorporating death as the underlying theme are presented across a variety of genres such as westerns, horrors and comedy. References to death do not escape the music industry, expressly within the lyrics of rap and heavy metal songs. The description of violent acts, coupled with the murders of well-known musicians within the rap culture, no doubt contribute to the dark and morbid image of death (Durkin, 2003, p44). Sensationalising media reports on the deaths of public figures and celebrities heighten the curiosity of the public and instigate outpouring displays of grief. The term “dark tourism” outlined by Marchant and Middleton (2007, p2) highlights the increasing phenomenon of visiting scenes of tragic death like the Nazi concentration camps and Ground Zero. It suggests that such behaviour may not simply occur out of grief and sympathy, rather, curiosity and a desire to connect with the event. Fundamentally, the suggestion is that society may be more open to face death than deny or hide from it.

Contemporary western societies have been described by some sociologists as ‘death denying’, a result of the medicalisation of death. The dynamics of society have become focused on finding cures for illness, disease and the prevention of death wherever possible. Advancements within the medical and pharmaceutical fields have made significant progress in prolonging life. However, the involvement of such specialised medical technology is often limited to clinical environments. Arguably, this contributes to social isolation of the sick. The invisibility of death not only shields the death process, it protects the family members and social groups within society. If medical technologies and tools were not utilised in the management of death, it may be deemed as a capitalist attempt to limit costs within healthcare provision. Many social scientists argue that medicalisation has, in fact, enabled a degree of acceptance towards death. They maintain that the active scientific approach to healthcare increases the acceptance of death when it is beyond the control of science (Zimmerman and Rodin, 2004, p125).

Scientific analysis and discoveries have provided western societies with a greater awareness of environmental risks. Natural disasters, often referred to as “Acts of God”, may not be controlled by science; however, modern technology has increased the accuracy of predicting such events (Howarth, 2007, p77). Whilst, prediction can facilitate a greater level of preparation and reduce the risk of death, it is essentially beyond all control.

The nature of death can itself be shaped by society in relation to the cultural, social and economic environment. Durkheim’s exploration of societal influence on death was examined during his suicide study (Appendix 1). His investigation highlighted the correlation between economic instability during periods of both depression and prosperity and an increase in suicide rates. He maintained that societal forces were of greater influence than an individual’s state of mind. The conclusions of Durkheim’s study were based on official statistics, therefore, it is reasonable to question their true reflection of society (Giddens, 2009, pp16-17). However, his argument that death is a social problem is plausible. It is society’s response to death that is reflected in the unique rituals and symbolic meanings established to provide a coping mechanism for death and dying (Howarth, 2007, p15).

The high rate of suicide among young males is one of the more significant statistics in modern society. The general perception of the male as the provider may cause increased pressure to compete successfully for social and economic resources. Failure to meet such expectations can make suicide seem like a viable solution to the problem. The pressure to maintain the masculine role and the reluctance to seek assistance is instrumental to the male approach when faced with death and grief (Howarth, 2007, pp64-65).

Grief is considered by some social scientists as a universal reaction to the loss of human life. Yet, the subjective nature and extent of grief can vary between culture, social class and gender. During the late 19th century, unlike men, middle class women were encouraged to grieve openly as greater emphasis was placed on the caring and sympathetic disposition of their role. Functionalists, in their perception of the natural division of gender roles, would argue that exhibitions of male grief are a sign weakness and damaging to the masculine role (Howarth, 2007, pp223-231). Prior to medical advancements many women, particularly in the working class, died during childbirth. Husbands often remarried swiftly after the death of their spouse to re-establish the female role of housewife and mother.

In modern day society, there have been numerous studies that indicate higher levels of mortality occur within close proximity of the death of a spouse. Objective analysis of these circumstances may identify other contributing factors that have a causal link such as; lack of appetite, a change in lifestyle and the increased emotional and financial stress that accompanies death and loss (Gross and Kinnison, 2007, p372). As mourning has become less of a public display within society, Aries (1974, p91) suggests that such discretion may influence the high rates of mortality among surviving spouses. He argues that society has become less accepting of grief, causing the bereaved to withhold emotion through fear of judgement.

Grief does not always follow death, it can precede it by those facing death. Psychologist Kubler-Ross developed a framework classifying the five stages of grief; “Denial”, “Anger”, “Bargaining”, “Depression” and “Acceptance”, all relating to the anticipation and process of dying (Kubler-Ross, 1970, pp34-99). Whilst these stages provide an insight and explanation to the emotions experienced, generalisations should not be made concerning the grieving process. The five stage theory (Appendix 2) is to some degree a ‘one size fits all’ approach and may not reflect the multi-cultural society of today. However, there is room for variation and flexibility within each stage of the Kubler-Ross framework that may be applicable to certain cultures.

Gross and Kinnison (2007, pp378-379) maintain that childhood grief is also subjective to culture and socialisation, rather than a generalised stage process. They argue that children of modern society are often shielded from the realities of death, resulting from parental fear and denial of death. Feelings and emotions expressed by those surrounding them have the potential to shape the child’s outlook and ability to contend with death. Kubler-Ross (1970, p6) argues that children who are present in an environment where death has occurred and are given the opportunity to talk rather than being removed from the environment, can share in the grieving and mourning process. Death then has the potential to be less feared and more accepted as a natural part of life.

Nurses and medical staff involved in the care of the dying are far more exposed to all aspects of death and grief than most. Communication with dying patients and sensing the appropriate time to discuss issues of terminal illness is a fundamental, yet challenging part of the role. Consequently, many healthcare professionals utilise a form of behaviour referred to by psychologists as “blocking”. This enables them to avoid confrontation of such issues by changing the subject and re-directing the focus onto less pessimistic issues. Although the predominant focus of medicine is to cure, the dynamics of nursing terminally ill patients have progressed allowing greater emphasis to be placed on care. This has been motivated by the increasing growth of the hospice movement (Gross and Kinnison, 2007, pp377-378).

Evolution of the hospice can be traced back to the Middle Ages when its function was to provide shelter and care for the sick, elderly, orphans and the poor. The progression of medicalisation during the 19th century, led to the establishment of new hospitals that focused on the management and cure of financially profitable illnesses, such as scurvy and leg ulcers. The chronically ill and dying were deemed as undesirable and non-profitable patients. Subsequently, medical and spiritual care was provided in sanctuaries by religious orders (Clark and Seymour, 1999, pp66-67).

The 20th century witnessed the greatest change in the provision of care for the terminally ill. In 1967, St. Christopher’s Hospice was founded by Dame Cicely Saunders. It was the first of its kind, offering management of symptom control and care alongside clinical research. Saunders trained as a nurse, a medical social worker and eventually a physician. She was motivated to work within the care of the terminally ill as the general consensus among clinicians was that little could be offered to these patients. Her pioneering work within the hospice inspired charitable organisations to fund the construction of many more hospices. St. Christopher’s hospice eventually extended its services to the wider community in 1969 (St.Christopher’s.org, ND).

The expansion of community based care led to an increase in funding from charitable organisations for the provision of specialist cancer nurses. As the hospice movement gathered momentum, there was an alteration in the terminology of this division of care, from ‘terminal’ to ‘palliative care’. Distancing the association of ‘terminal’ with imminent death aimed to address the misconception that patients qualifying for palliative services were at the end stages of life. Although hospices were initially reliant on charitable funds, the elevating costs of clinical treatments and increased life expectancy forced many to apply for NHS state funding. The involvement of the NHS not only induced financial support but also an element of regulation (Clark and Seymour, 1999, pp74-78). The influence of government funding within hospices has generated concern among some sociologists, who fear the hospice movement is in danger of losing sight of its original vision. The focus on professionalism and quality audits has led to comparisons of hospices with large organisational institutions, guilty of “routinisation” (James and Field, 1992, pp1363-1375). Palliative care services are difficult to measure as the nature of the service is to manage care and symptom control rather than to cure. Palliative care focuses on the value of quality of life rather than the medical model of quantity of life (Appendix 2).

Palliative care and the hospice movement have predominantly been associated with terminal diseases such as cancer, AIDS and motor neurone disease. Yet, there has been an increasing demand for services to be inclusive of other lesser known conditions (Seymour, 2007). Many organisations are now actively working towards the provision of services across a wider spectrum, through data analysis and interaction with government agencies and politicians (National Council for Palliative Care, 2012). A key issue is the limitation of available resources and funds to meet the increased demand. Support and guidance extends to the family affected by the illness, exerting further pressure on the service to adapt the delivery of care in accordance to the family structure and dynamics. Consideration of varying traditions within a multi-cultural society is fundamental to the success of the service (Becker, 2009).

The demographic changes to society and increased life expectancy have intensified the expectation of services to be available for extended periods. Access to palliative care in a modern capitalist society has led to a ‘postcode lottery’. The poor of society are at greater risk of being deprived of services if they reside in damp, cold and lower quality housing, deemed an unsuitable environment for community based care (Seymour, 2007). Less affluent areas of society with a high proportion of ethnic minorities are also significantly under-represented as palliative care service users. The language barrier and lack of information is a significant issue as patients and families are not fully aware of the referral procedure. For many cultures accepting a provision of care from outside agencies removes the responsibility from the extended family (Beresford, Adshead, Croft, 2006, pp146-151).

Palliative care services are not easily accessible to the homeless of society. They are often reluctant to attend appointments in an unfamiliar environment, for fear of judgment or isolation. New initiatives such as “St. Mungo’s Palliative Care Project”, aim to tackle this issue by offering support and guidance to homeless sufferer’s and the professionals who work alongside them (National Council for Palliative Care, 2012). St. Christopher’s have also collaborated with the University of Bath’s “Centre for Death and Society”, to promote services. Through the utilisation of media resources and technology they are able to extend services to non-resident patients and prevent social exclusions (Centre for Death and Society, 2012).

Professor Ilora Finlay has become a modern day pioneer of the hospice movement. Her role as the first consultant in Palliative Medicine at Cardiff University and work within parliament has led to the implementation of her palliative care strategy. This strategy has facilitated the enhancement of patient-focused services across Wales. Finlay is also responsible for the establishment of distance learning courses in palliative care, achieving international recognition and contributing to the increasing number of palliative care clinicians (Finlay, 2009, pp349-351). There is a recognised need for re-investment in palliative care to develop professional skills across a wide range of services. The benefits will not only improve patients’ quality of life but also reduce unnecessary NHS hospital admissions and the financial cost to the economy (Association for Palliative Medicine, 2010). Arguably, there would be less expectation of society to change its attitude towards dying, if, the focus remained on the provision of resources to prevent anxiety and facilitate a “good death” (Zimm

The death process is permanent and predictable and it is known as the personal event that the person can never think. The history of deaths has been looked upon events of social importance and each and every culture has defined some rules and regulations to define death as an extraordinary passage and the way to deal with the outcomes. At the time of twentieth century, the terminology death along with its social definition has transformed and prepared extraordinary opportunities for the purpose of getting sociological inquiry. The decline in the mortality rate has been identified as most common feature within the social histories. Life expectancy rate the time of birth has increased from last 30 years in 1900 to 50 years. It has been stated that almost two third part of longevity from ancient times to the present times has occurred in the short period from 1900 (Preston, 1976).

Death has been an inevitable event since the inception of mankind in this universe. There is always the worry among individuals towards the life and well being. The individuals are worried at one or the other instance for living their lives. Therefore, it becomes crucial to understand what are the exact factors related to death and dying of humanity. An individual, if not dies, can result in disturbance of life cycle of this globe. This is not under the control of anyone to make amendments in this life cycle.

The report here titled as, “Death and dying: Changing attitudes through the ages”; discusses about various factors that are affecting the lives of individuals. Report begins here with a clear focus laid on the aims of the report followed by research questions to understand the topic thoroughly. Various factors had been found of importance to be studied. There has always been a question in mind whether and how an individual behaves towards death and is it considered a positive aspect or not. How the individuals are are fear of death and what the right time of death is. These all aspects are explored in the report in below sections to have a thorough control over the research topic.

2 Aims and Research Question

The research report here aims to understand the struggle that human being is facing since centuries. The change in philosophy associated with life is the main cause of change in attitude of human beings towards death. One can explore further this death on relating it with the time period in the life of human history. The western world has increasingly shifted towards change in conception for death due to rise in Christianity and the way it has affected lives (Aries, 1974). Therefore, the below are few stated research questions to explore further the concept of death and dying and the changing attitude:-

Is death good or bad?

How the attitude of individuals has changed towards death and dying?

Is the man of today more worried against death?

What is the right time of death?

The discussion in this report would analyze various associated concepts to explore further the concept of death and dying in today’s life.

3 Discussion

Most of the deaths have occurred among the old aged ones but not among young generation people. The studies in United States reveal that people at the age of 85 years and above has accounted for almost one percent of entire population and they account for 17% of death (J. Brody, 1983). So the deaths have taken new meanings for the society and individual both. Death is not known as an adventitious part of life (Parson, 1963). Smaller number of lives has cut before completing education, work and social life (Preston, 1977). Fatalism provides a higher degree of control as well as predictability (Cf. Lofland, 1978). The delay in the death process has come up with the speed. The social institutions and norms have delayed it. It is not much surprising that death and its social meaning has gone off and the proper understanding of death has been reassessed by sociologists. From past two decades, a considerable literature as a quasi popular and scholarly type has been generated by number of people such as journalists, nurses, psychologists, philosophers, theologians, historians, ethicists, sociologists, social critics and thanatologists (cf. Fulton 1976, 1981; Pollak 1979-80).

The word dying is called as the ultimate shortage of time by Moore (1963) and it has taken a most important point that it has the power to threaten an individual self. A famous person has given his view on the sociological study of death that death always asks for an identity of an individual (Robert Fulton, 1976a). Dying is known as the social process that focuses on the sociological issues that are concerned with the process of dying and self. Researches have not clearly shown the actual conditions of dying. But one British study has talked about the dying among the patients who are living in this world and among the people who are known of their own attitude (Cartwright, Hockey & Anderson, 1973). The attitude of people towards death varies according to the ages and stages of life. Most of the people are living into later years and they have their own predicted on time deaths. A growing number of people are present at the position to consider the sense of their own deaths. Some sociologists have identified themselves engaged in the questions which are related to the death and its social meaning and its relation with the process of dying that how the topic of death is of great importance. What type of attitudes about death people have in their mind? What type of preparations they make for anticipating death (Riley, 1968)?

The first survey in United States have found the attitude of people towards death and that survey was conducted in 1960s (Riley, 1970). That study has assessed the thought about deaths that most of the people at the all ages have non-threatening images of death in their mind. It has found that death is a blessing and it is not dreadful event for the person who dies but it is very sad for the survivors. The study also has revealed that death comes very quickly and few people have argued that death means the people have to suffer a lot. There was significant increase found in the degree to which the deaths process imposed upon the everyday lives of people. People were asked about an uncertainty of deaths or their lives. It has been found that death as a part of thoughts increased among the person at all ages and it increased in the later years of the lives of people. The researchers have found that people are unwilling meet with these realities. In 1970s, people agreed that each person die with the dignity and if the person has died, then the person has to tell it to doctors. Some studies have also taken place within the topic of anticipation of death. There was one question asked that do the people feel good to avoid the deaths and not try to make plans for anticipating deaths? Do they feel to make plans for death?

3.1 Self destruction

The case of the sociological relationships of the person to the death which is known as suicide was taken. There were some sociological studies conducted on the topic dying and death (Cavan 1928; Halbwachs 1930; Henry & Short 1954; Dublin 1963; Gibbs & Martin 1964; Douglas 1967). Several studies have taken place on the social factors that are related with the rates of suicide. Several measures were taken such as industrialization which was identified by the gross national product and the status of integration. It has been founds that status integration was negatively correlated with the suicide rates. Other study revealed about the suicide rates which were related with the family and their marital status and it was based on Durkheim’ theory.

3.2 Self management of death time

It has been stated by several studies that people who are concerned with the relationship of themselves to the society are self motivated for managing the time of their deaths. It has assumed that the determination to live the life without identifying any biological linkages. It must b involved within thistopic (Marshall, 1980). The people who are separated from the society always commit suicide and the people who are attached with it, delay the death or try to observe the time of getting social significance (Kalish, 1970). It has been proposed that deaths can be expected at the time of social occasions such as the Jewish day of compensation (Yom Kippur; Phillips & Feldman, 1973). From the year 1904-1968, researcher had found the difference between the deaths in non election as well as election years. They found that there was significant difference in the mortality rates of US people before electing US president. Some researchers have shown the fact about the low mortality rates just before to ceremonial occasions and the researcher found strong relationships between the death and the birthdays. The theory was that the people at their birthdays receive attention from the people (Philips, 1972).

3.3 Social Stressors and the Self

Several sociological studies have talked about the social outcome for the lives of people along with fundamental changes during the period of industrial relocations, retirement, and institutionalization and at the time of economic depression. The mortality rates depend on these variables. It has been predicted that retirement is known as a stressful event which lead the higher rates of death for retirees as compared to the people who works. Life long work is considered as the stressor and retirement variable acts as the moderator that increases longevity. It has been revealed by the studies that mortality rate among the early and normal retirees within the major industries are different. The mortality rate of early retiree was higher than the predicted rates. The mortality rate in case of normal retirees was no different between the normal and expected rates. Some data was taken out from the companies such as pension, medical records, personnel etc.

4 Findings
4.1 Death is good?

If you are born to this world, you are probable completely to experience death at one time or the other because death is inevitable. The point is whether death is a good thing to experience or is it a bad one? Everyone living in this society faces death at one or the other instance. No one is born eternal. An individual dies and ends his or her life at certain age due to natural or accidental death (Lynch, 1997). There are thousands of ways in which a human being can die. This death adds to the fear in mind of humanity. Human beings fear of this uneven cause at one or the other time.

Death is acceptable for some people, while others fear against death (Nagel, 1970). The pain and fear of death can be dangerous. At such an instance, it becomes important to result in an approach to ensure that a person lives for long; however, the human beings have no control over this mandatory part of life that results into end of life. A human being feels comfortable considering death is for all and there is no loss of it if anyone faces it. All the human beings have to face death one or the other day. The human beings shall live their days and take complete enjoyment of it. One shall not be worried for his death at the entire instance, but shall be aware of comfort and enjoyment throughout his life. Humanity has to take due interest of this and live his life.

While on looking at other side, people consider life as most important asset for them. Life is of supreme importance and there is the life is priceless. Therefore, it brings into attention whether life is most important for one? Yes it is as per the point that life is everything for a human being and the loss of life means the greatest loss that can be in one’s life. There is no positive or negative aspect associated with it though. Human beings give away everything for the sake of life. This brings into attention the importance of life. Shall we live our life without any tension or shall we keep on worrying because of no importance of life? It is true that all the human beings want to live more and more. But, can one live for eternity? None of the human beings is here to be here. The life cycle keeps on rotating and the human beings die.

Thus, from the above discussion it can be noted that the point whether death is good is a complex point to be cleared. It is not easy to find the right way in which we can consider whether death is good for a person or if it is not. There comes the need to assist in the way to come up to know whether death is good or not (Nagel, 1970). If the age has gone for an individual to live, the death could be a favourable point for him. However, it is still tough to say that death can be ‘good’. On the other hand, in case someone dies due to an accident or any uncertain reason, it is an unfavourable act for him.

4.2 Death- A change in Perception

Death has been a point of sorrow since long when the conceptual designs by Holbein demonstrated the paintings of dead Christ with a sorrowful act (Julia, 1989). The perception of individual towards the death changes with the passage of time. For a child, death is not defined. However, in the adulthood, it becomes a fear factor for most of the human beings. The human beings consider it as the real cause of danger at their stage when the love to live. Therefore, individual’s perception is quite conservative at this stage. However, the old aged people are not usually worried of death due to the reason that they already lived their life.

Nagel (1970) has argued that people do not fear for death because of non existence for long term because of this. One does not consider life as suspended for a short period of time because this is considered as a misfortune. It can be a pity for those who get out of the circulation of life. One is not conceived, but is born for once. The point always exists in mind for the fear of death in humanity. Being dead is not an event but a curse as per the humanity. The consideration is laid on living for the whole life without any risk. However, the risks are always related with the life. One cannot be at a state of complete risk free life. The time does not demonstrate whether the state of life would be at complete risk free state. Therefore, the need exists at such an instance to life for the society. As per the interviews conducted by Barnes (2008), responses were collected with regard to existence of God. These provided the details of self reflection along with clarifying important themes of writings. Barnes (2008) says that he does not trust for existence of God, but he misses God.

4.3 Man of today- Worried of death

The man in today’s life is more worried of death (Julian, 2008). On looking at the past records of Renaissance and mediaeval times, it can be noted that death was amongst the community events. The family members band together with each other to share the moments of sorrow at such an instance. This helps them be with each other at typical instances. This was considered as the reason for being together. However, the concept has changed into a religion in today’s time. None of the character is rigid in itself right from the beginning to the end, as there are continuous changes in thought process (Troyer, 2007). Today, it is usual to share the moments of sorrow with each other at hospital to share the tough times with each other. This helps in confining the complex situation with each other to give some support in these times. However, the fear of death is one and the same on comparing time of past and that of present.

The death is such an instance which gets out of the scope of an understanding of human being. This even can occur anytime and anywhere with anyone, no matter what the situation and setting is with the surrounding. An individual conceives death as a complex phenomenon. The death has been a point of worry right from the time it was recorded long- long ago when the humanity started. It is a simple concept in everyone’s mind that life is the cause of joys and death is the cause of sorrows. There is a paradigm shift in the concept associated with death. This was the concept quite personal in historic times, but has become individualistic at present instance. This raises the need for higher degree of need for maintaining and regulating the tough situations to assure that the mankind is out of danger. If an individual gets ready to face the time of death, he can do so. The human psychology is the main factor that can result in death or life of a human being (Michel, 2003).

The perception of an individual depends on his life and profession with regard to death. Doctors and nurses who are operating surrounded by death of people all around one or the other day, consider this as the normal phenomenon at usual instance, while others take it as a tough one. The main factor is the relatedness of death with the person who is suffering from it. This characteristic affects the humanity in one or the other way.

4.4 Dreadful act- Is there right time for it

There has always been a conception in mind, what is the right age for death? One considers life as an important part right from his birth to the time the human being leaves his life (Nagel, 1970). Therefore, the life of humanity is always a good opt for individuals. But, one looking at the real life, we can note a number of events when the individual wishes to leave his life due to some or the other reason. This acts against the humanity and the living being gives up against his life. This may be at early stages of life or might take place at later stages. When an individual feels uncomfortable of his body and physique, the chances are there for taking an interest of ending one’s life. However, these chances even increases more when the human being is not comfortable mentally due to some or the other reason. This acts quite badly against the humanity and the life is at risk.

The death is an imminent part of one’s life as one cannot survive always. The most common components associated with life are death, vision, and premonitions (Crissman, 1994). The situation of promotions are not easy to be faced as it is the time when one knows that he is going to die within short span. This is the main factor that acts against the life and well being. The person gets worried due to this factor. This knowing of the situation can be due to some magical reason, or be supernatural, or through the natural sign or inner conviction (Crissman, 1994). The condition rises to take due care of such an instance; else the chances are there for risk against life and well being. Thereon, the humanity survives only due to the situational success (Bryant, 2003). However, historic people were during the Appalachian culture focused more depending on superstition.

5 Conclusion

For the topic titled as, “Death and dying: Changing attitudes through the age”, the topic was noted to be highly complex in actual sense. It was found that the researchers are contributing well to the research topic since the last century. This demonstrates high degree of interest among the individuals towards this concept. The death is always under the consideration to postpone because of increasing awareness and interest among individuals to live their lives. There is always the moral dilemma related to the euthanasia among individuals.

However, the case of fear is increasingly getting over the lives. Increasingly individuals get involved in wrongful act. This has raised the accidents of suicides to a higher degree. The death in today’s time has shifted towards being more and more deadly. Individuals take more interest in being attracted towards enlarged life. However, the change in attitude of man is still not much different as compared to that of historic times. There is still the importance laid on lives and humanity. This raised the attention among individuals to live for longer duration. On the other hand, the complex lives in today’s time has resulted in increased the complexity of humanity. This further adds to the pressure on the mind of individuals leading them to depression and thus resulting in wrongful acts.

There is no time for death until the end of hope of an individual. This point out increasing interest among individuals to live and enjoy their lives with not much interest laid on the other factors. The fear against death is therefore a phenomenon which does not seem to decrease even after decades. Individuals would be keeping living their lives for more and more years, in spite of this being an uncontrollable variable for individuals.

Most families in today’s society will have to deal with a wide range of conflicts and issues concerning the sociology of the family. The purpose of this is essay is to evaluate the consensus and conflict theories of the family and to analyse the concept of gender roles within the family. It will also focus on the feminist critiques of the traditional approaches to the family, and examine two sociological explanations for domestic violence/ abuse within the family

Consensus and conflict theory (Task 1)

Consensus can be described as an agreed position or a set of values that stresses the importance of behaviour by learning to adjust to society and conforming to a set of norms and values. Whilst the conflict theory focusses on the uneven sharing of power within society and groups such as the workforce, which are in conflict with each other in terms of status and power. However both theories see the origin of human behaviour as being one that is shaped by structure rather than agency. Therefore it can be argued that consensus is a concept in which a common group is founded, whilst conflict can be said to be a disagreement of ideas and principles between people or society. (Giddens, A, 1997)

Functionalism and the Family

Consensus theory can be related to functionalism. Functionalism focusses on the need for people to conform to an agreed set of norms and values regardless of wealth, culture, race, sex or religion. This theory is carried through to their view of the family. Functionalism focusses on the “Nuclear family” which is one who’s structure comprises of two generations, those being the parents who are joined in a monogamous marriage, and their children. The Nuclear family which evolved through the need to retain property within the family that could then be passed on to future generations supported an industrialist society as the set up of a two parent house hold would enable the father who is looked upon as the head of the house to go out and support a work industry in order to provide for his family, whilst the mother who remains at home would take care of the house and raise their children. (Giddens, A, 2006)

Functionalism sees the family as a harmonious unit with the husband and wife living in agreement, and any future products of this marriage (children) being taught through primary socialisation which takes place within the family, the norms (e.g., accepted forms of behaviour and common culture) and values (e.g., value of life and money) of the society in which they are to grow up in. Moore (2001:324) states that ” the basic socialisation takes place in the family and it is here, through parents and relatives, that we learn the accepted morality of society”.

Marxism and the Family

Marxism which can be related to the conflict theory, like functionalism views the family as an institution which socialises the children that are born into it. However, unlike functionalism which focuses on the family working to promote a consensus society which works as one to benefit everyone, Marxism has a different view of the family. They believe that opposition between profitable establishments such as manufacturing plants (which form a ruling class through individual possession and finance) and the majority of the population who will provide the labour for these institutions, exists. Marxism views the family (which produces the workers who will provide the labour for these economic institutions) as a unit which enables the class differences between the workers and the ruling class to remain and one which also allows for the exploitation of the workers as the status of the ruling class is maintained through the profit they receive from the products of the workers labour. Haralambos and Langley(2003:39) states ” institutions such as the family, the education system and the political system are shaped by the requirements of capitalism and serve to support and maintain it”.

Marxists are of the opinion that patriarchy (which sees the husband adopting the role of the head of the home) exists within the nuclear family. They believe that patriarchy in the family evolved within a capitalist society due to the ownership of private property. Any of the wife’s property once married came under the ownership of her husband and could then be passed on to lawfully-begotten inheritors, leading to the wife having no means of living independently from her husband. As cited in Haralambos and Langley (2003:39) “In The Origin of The Family, Private Property and the State, first published in 1884, Friedrich Engels argued that the modern nuclear family developed in a capitalist society. Private property is at the heart of capitalism and it was largely owned by men. Before 1882 in Britain, Married women could not own property- it passed on to their husband on marriage”.

Patriarchy within the home allowed the husband who feels inferior in the workplace to assert his authority over his wife and family who are dependent on him as the bread winner in the family. He would take out his frustrations of work on the family and used dominance as a means of order and control. Moore (2001 167) states that ” It is women who have their careers interrupted by childbirth and women who carry the main responsibility for childcare. Women are therefore more likely to be financially dependant on their partners, which gives them less power over decision-making in family matters.

Feminism and the Family

Feminist Sociology is a controversial subject with wide and difficult boundaries. It is an issue that is not just about women, but one that is for women. It is believed that feminism started in the early19th century due to the increasing perception that women face injustice and inequality in a society they feel is dominated by men, be it the workplace or the home.

Feminists are of an opinion that the family is one which allows for the control of women by men, through patriarchy. They believe that the ownership of property that is bestowed to men leads to domination of women within the home. The wife cannot cause conflict within the family unit by having a difference of opinion to that of her husband as she has no means of living independently from him, due to lack of the ownership of assets. Feminism sees the free labour a woman undertakes whilst raising her children as an injustice as a capitalism will gain from the fruits if her labour, due to the belief that her children will be a beneficial asset to a capitalist society as prospective workers. Feminism also argues that the wife will provide support (which is classed as emotional labour) to her husband by Listening to his complaints about work, all the while appearing to be in agreement with him, thus soaking up all of his frustration, which will again allow him to go back to the workplace and provide the labour which benefits a capitalist society. (Scott, J, 1996)

Evaluation

Although Functionalism, Marxism and feminism are all in agreement in their belief that the family plays a major role in society, each theoretical perspective has an individual perceptions of what the family stands for. Functionalism which focuses on consensus within the nuclear family does not take into account the fact that the structure of the family unit has evolved over time, and in today’s society that unit may consist of single parent families and same sex marriages and Marxist’s would argue that functionalism promotes the sustenance of an unfair system within a capitalist society as they ignore any inequalities that exist in society.

Marxists would argue that rather than being a unit of harmony, the family is an institution which exists in a society that consists of conflict due to inequalities of power, class and ownership of property in a capitalist society, and that patriarchy within the family evolved in a capitalist society due to the husbands need to assert control over his family due to his lack of power within the workplace. However Feminists would argue that Marxism accepts the dominance of women within the family, and that patriarchy is an excuse for a husband to have control over his wife.

However, although feminism advocates for equal rights of women to men, critics of feminism believe that feminists have a pessimistic view of the family, which does not accept the fact that some women in society embrace their role in the family which enables them to nurture their children and provide moral support to their husband. This critique is evident in Haralambos and Langley (2003:41) which states that “Critics argue that feminists are preoccupied with the negative side of the family life. They ignore the possibility that many women enjoy running a home and raising children”.

Gender Roles (Task 2)

Gender roles can be described as cultural and personal. We learn the roles that are deemed as acceptable by society, primarily, from the family and the culture we grow up in and then secondarily from outside influences. Gender roles have a huge impact on behaviour and define the way that both male and females think, speak, dress and communicate within society. Parents tend to treat male and female offspring differently, thus instilling the primary socialisation of gender roles in children from when they are born. where the preference of parents is concerned, male children can be deemed as having an edge over their female siblings as majority of parents (especially fathers) would prefer to have a male child rather than a female child as this allows for the continuance of the family name.

Secondary gender socialisation in learned through the influences in society such as peers and the media. This is done through the way the children are spoken to and the toys they are given to play with. Boys will often appear more boisterous when playing will act out scenes related to heroism, whilst girls will often take on a more demure role when playing, seeming to act out roles relating to carrying out domestic chores and childrearing. As sited in Giddens (2006:460-461) ” The toys, picture books and television programmes experienced by young children all tend to emphasize differences between male and female attributes. Although the situation is changing somewhat, male characters tend to outnumber females in most children’s books, television programmes and films. Male characters tend to play more active, adventurous roles, while females are portrayed as passive, expectant and domestically orientated (Weitzman 1972; zammuner 1987; davies 1991)

The gender roles that are embedding into boys and girls through primary and secondary socialisation when young influences the roles they adopt within the family unit. It has been suggested by functionalism that men and women’s roles within the family are different. This can be evident in functionalism’s view of the family. They focus on the belief that men perform instrumental roles, whilst women play an expressive role, and the fact that the consensus theory of functionalism saw education and professional qualification being afforded to the males within the family as they were to be the providers and would have a superior role which involved making all the decisions within the family, whilst it was deemed that females had no use for education as they were to remain at home and carry out the domestic chores within the house, and nurture and raise the children.

Marxism too saw the woman taking on a more domestic and caring role, tending to her husbands needs and rearing their children, whilst the husband who was the patriarchal figure in the family unit who owned all their property, went out to work to provide for his family. However, as a result of the emerging feminist movements, women’s roles within the family has taken on a more liberal view. Education and professional qualification are now achieved by both men and women. Things that affect the family unit are now discussed between the man and the woman within the home and decision are made in agreement. Housework is now done on more even terms between men and women, and although women still carry out slightly more household chores than men. As sited in Giddens (2006:760) “Surveys have found that women still spend nearly 3 hours a day on average on housework (excluding shopping and childcare). This compares with the 1 hour 40 minutes spent by men. (Office of National Statistics 2003).

Domestic Abuse (Task 3)

Domestic abuse can be described as the oppression and dominance through threats and acts of physical harm against one family member by another. It is used as a means of control and can be exhibited in a variety of ways ( these being verbal and non verbal) which range from low level acts, e,g, cursing, pushing and continual harrassment for sex, to more physical acts such as, the pulling of hair, punching, kicking and in extreme cases, violence which results in death. Although domestic abuse is said to be a deviant for of behaviour that is majority of the time perpetrated by men against women, domestic abuse of men by their female partners is becoming more recognised even though many cases of male abuse goes unreported due to the fact that men see admission of being a victim of abuse as an a loss of masculinity. Giddens (2006:221) states ” Most violent episodes between spouses reported to the police involve violence by husbands against their wives”.

Feminists state that domestic abuse inflicted on women within the home is down to patriarchy. They believe that through patriarchy the man adopts a role within the home that allows him greater status to that of the woman. This is done through the chances, within, what they believe to be a male dominated society which are afforded to him as a man,e,g, ownership of property, the attainment of educational qualifications and wealth. Feminists are of an opinion that men use violence as a means of controlling a woman’s behaviour in terms of keeping her submissive. Scott (1996:157) states ” Theorists of patriarchy have directed the subordination of women and found Their explanation for it in the male ‘need’ to dominate the female”.

However feminists fail to acknowledge the concept that women are also offenders of abuse against men. Society finds it hard to conceive that men can be a victim of abuse at the hands of a woman as since the beginning of society women have always been observed as “the weaker sex”. As stated in an article on Elizabethan Women ” Elizabethan society was patriarchal, meaning that men were considered to be the leaders and women their inferiors. Women were regarded as “the weaker sex”. (www.elizabethi.org/us/women)

However Marxists who also view the man as the main perpetrator of domestic abuse gives a different argument for the cause. They believe that the man who works in a capitalist society uses violences within the home as a means of releasing the stress that surmounts from working in an industrialist society. They also say that the man who is oppressed within the workplace will come home and use violence to assert his authority within the home as unlike the workplace, the family is an institution where he has power. (Giddens,1997)

Elder Abuse (Task 3)

Abuse of elder members within the family is becoming more general. This type of abuse can be performed through deliberately disregarding the needs of the elderly, e.g., not providing basic care needs to those less able to care for themselves, being verbally abusive towards them or inflicting pain through actual physical violence which include pinching, biting, slapping and punching. It is hard to know just how common elder abuse is as the victims are less likely to report the abuse that they sustain from members of their family unit. (Scott,1996) .

In Macionis and Palmer’s book “Sociology, a global introduction” (1998) they provide one explanation of elder abuse as being due to the fact that, more families take on the responsibility of caring for elderly members ( which can be stressful in terms of financial burden and increase in labour within the home) alongside going out to work and raising their own children. In their book they ask the question “What motivates people to abuse the elderly?” and gives the answer as “often the cause lies in the stress of caring.

Feminist Critiques of the Traditional Family

When society talks about the traditional family, they are in fact refering to the ”Nuclear Family”, which is said to be one of harmony. The nuclear family’s structure is one that consists of, a father and mother who are joined in a marriage (that practices monogamy) and their children. Conservative thinkers are said observe the family as ” The Pillar of Society”.

The family is said to support a capitalist industry by reproducing the individuals who provide the labour for the institutions which are there to make huge profits from the goods that are produced by the workers. Patriarchy exists within the Nuclear family. The Man is said to be ”’ The head of the family”, and any money that is earned or any property that is inherited or bought by the family is said to be his. He too makes all the decisions that relate to the family unit. The womans role within the family is said to be more of a domesticated one. She will take on majority if not all of the household chores, and this includes the rearing of children. She is said to be the figure in the family who is observed as the carer. Meeting the care and emotional needs of her children and supporting her husband within a capitalist society by ensuring that he arrives home to an environment that is condusive after a hard and stressfull day at work. (Haralambos and Langley, 2003:39). However feminists view the family diferent from that of a conservative, as they view it as one that consists of inequality, opression , patriarchy and violence.

Patriarchy: Gender Feminists conceive that the family is the basis for patriarchal capitalism, which gives rise to the subjugation of women. Liberal feminists consider marriage to be a tradition which needs to be reformed as opposed to extinguishing it altogether. This is evident in Betty Friedan’s book ” The Feminine Mystique” in which she declared that ” Women in their 60’s were enslaved by domesticity because of the roles they played as mothers and wives”. She advocated for an improved quality of life for women outside of spousal relationship.

Division of labour/ Free labour: Marxists feminists believes that the division of labour that is undertaken within the family unit is an inequality women as they will provide majority of the childcare and carry out a great percentage if not all of the household chores. Feminists see this unpaid work within the home as an unfair as, the woman taking care of the home enables the man to go out to work and earn money to support his family, which reinforces the position he adopts as the head of the family. They are also of an opinion that this responsibility of care in the home reduces the woman’s ability to go out and work and earn money which would provide her with a means of independence. Feminists also argue the injustice of the domestic abuse that a woman is subjucted to in the home, even though she is the individual who provides the most support to all other members within the family unit.

Gender Inequalities: In ” Feminist perspective on Reproduction and the family”,feminist critics such as Susan Okin suggest that “…For women to have fair equality of oppurtinity the family need to be re-adjusted on gender terms”. This is a general view which is taken by most feminists, as most families are based on inequality and oppression. Okin also stated that ” the family is a ”linchpin” for gender injustice” she also argue that, as women depended on men for almost everything due to patriarchy, this allow them to be “…subjected to physical, sexual or psychological abuse”.(www.illc.uva.ni…)

What C. Wright Mills called the ‘sociological imagination’ is the recognition that what happens in an individual’s life and may appear purely personal has social consequences that actually reflect much wider public issues. Human behaviour and biography shapes society, and vise-versa and one cannot be properly understood without the other. If a sociologist was trying to understand two friends having coffee for example then they would examine it as social interaction, as acceptable drug taking, and as part of a complex mix of social and economic processes. They might also assess the fact that coffee is produced by the poor but drunk mainly by the better off, they would examine the history of coffee drinking. (Giddens, 2001).

The sociological imagination gives a reflective view, of what is happening in society and explains the relationship of an individual in a society. It adds value to the study of social life by being able to critique taken for granted assumptions and asks questions to view these assumptions in a new way. The use of applying sociological imagination can be seen in the study of everyday life and increases the understanding of an individual’s placement in society.

A reflexive process between personal troubles and the public issues is the main defining feature of the sociological imagination. Showing how individuals are placed in a society and how that society simultaneously affects the individual, helps in the understanding of the formation of social structure. Mills stated that, personal troubles become public issues, needing attention from political and economic organizations not just personal judgements but from the individual (Mills: 1959, p14). He saw this as the main characteristic of a sociological imagination. A personal trouble, such as divorce, affects the individual on a personal level causing grief and stress. Divorce rates become an issue when increased, affecting political and economic aspects of society and directly affecting individuals through policies and laws, in which they must obey. This idea is a reflexive process, meaning that one cannot occur without the other. Willis (1999, p20) illustrates that acting reflexively is important in the search for a sociological imagination, adding value to the study of social life by giving a broader view of how the individual relates to society. This relationship can be observed by examining the reflexive connections of biography, history and society in more depth.

Using the sociological imagination is an important tool when studying social life. It enables the sociologist to view the world from outside subjective ideas Giddens (1997, P3) described this as to “think ourselves” away from the familiar routines of daily life in order to look at them anew”. This is useful as it helps give an objective view into personal troubles, public issues and the reflexivity of biography, history and society and it forms a new consciousness to understand social processes. This also helps expand the areas studied, by looking at aspects of these issues which may normally be over looked. Here new conclusions and ideas may be found about that certain issue, revealed by taking an objective standpoint. Bias is therefore reduced, by giving equal importance to the examination of every aspect, thereby increasing the development of knowledge about the society (Willis 1999: p31). This critical ananlyis breaks down the taken-for-granted assumptions and adds to the rebuilding of new ideas from a fresh viewpoint (Pavlich & Hird: 2003 pp1-11) and can be demonstrated by looking at divorce in more detail.

Marital divorce demonstrates how using a sociological imagination can expand the picture of the individual in society, which adds value to the study of social life. Divorce is a personal problem affecting the individual on many levels. It evokes emotions of sadness, distress, hurt and anger, which can have huge short-term effects on the individual. Financial and asset divisions affect the individual by reducing the gross income and wealth of each divorcee. The division of loyalties between friends, families and children adds another dimension to the distress felt by the individual. When divorce rates increase these individual problems affect social structure by becoming public issues. Affecting the government, as new policies and law must be made to accommodate for fair division of assets and property. Custody laws also need to be developed. The economics of society are affected by new requirements placed on the welfare system. Single parents often need monetary support for their dependent children relating back to society as this comes out of tax payers money. Job opportunities are created by the increase in demand for skilled workers to direct and mediate these changes.

The sociological imagination integrates the idea of personal trouble becoming a public issue and how the connections between biography and history becoming a public issue and how the connections between biography and history play a major part in social structure. These interconnections are used to critique taken-for-granted assumptions, in order to develop a broader view of how social life and society work. The value that this has on studying social life has been demonstrated by investigating the issue of divorce. Critically analyzing issues is important in ensuring that all areas of society are seen and given equal attention, thereby influencing the development of our communities. Without being able to see outside the parameters of an individual’s life, it is difficult for society to recognize other reasons for social change and therefore move into the future. Thus, demonstrating the significance and value of a using a sociological imagination in the investigation of everyday life.

The Ibos are one of the largest and most influential ethnic groups in Nigeria, who live mainly in the South-Eastern part of the country. [1] Several historical accounts traced Igbo ancestral heritage to the proto-Benue group, who migrated from the great lakes and mountains of East and Central Africa around 5000 BCE. The Ibos speak different variations (dialects) of the Igbo language and share a common culture expressed by various customs, practices and traditions. Pre-modern Igbo societies were quasi-democratic; ruled by republican consultative assemblies of elders. To a greater extent, this system of government guaranteed its citizens equality; in contrast to the feudal system of government operated in most other parts of West Africa. [2]

Nevertheless, some documentary evidence show gender biases favourable to men in the share of socio-political and religious roles and privileges in the localized patrilineal structure of Igbo society. Examples of these discriminatory practices include the exclusion of women from participating in age groups which were a major instrument for political actions in Igbo societies and the denial of rights to hold traditional titles which bestow authorities to perform religious ceremonies or pass laws that could provide access to patrilineal, spiritual, and economic resources (particularly land). [3] These customs have continued to receive the assent of native Igbo communities and finds expression in customary laws under the Nigeria legal system. This system has continued to perpetuate asymmetric power relations between men and women. [4]

Research Questions

Overall, the study will strive to determine the impact of the practice and administration of customary laws of inheritance on gender inequality in contemporary Igbo (Ibo) society by providing answers to these specific research questions:

To what extent does the practice of inheritance in the Igbo customary law impinge on the livelihood and security of women in Igbo society?

What are the highlights of the salient features of the practice in contemporary Igbo society?

To what extent does the Igbo custom of inheritance reflect regional and global standards on equal status of women?

Rationale for the Study

The rationale for this study stems from disparities between the application of ‘lawyers’ customary law’ and the practice of ‘people’s customary law’. [5] This discrepancy tends to undermine the effectiveness of the state legal system in addressing gender inequalities. [6] This challenge is more pronounced in the complex and pluralistic context of the Nigeria legal system. [7] It becomes imperative to explore the possibility of legal reforms and pragmatic policy options that could better align common law incentives with those of customary law.

Research Methodology

This study will adopt a theoretical approach, which would involve critical review of important scholarly literature on conceptual issues in legal theory, constitutional developments in British colonial Africa, the Nigerian legal system, customary and religious laws, and will invoke a multidisciplinary approach towards reaching acceptable goals on issues of gender equality. This paper would also use descriptive and analytical methods to review constitutions, legislation and case law relevant to the subject matter. Basically, it will apply the desktop library method.

Literature Review

The centrality of law in colonial administration was demonstrated by the early introduction of the English legal system as one of the first instruments of British authority in Nigeria. This system comprised institutions and norms of the English legal system, which had very distinct historical and cultural origins from the customs and indigenous systems of governance and administration of justice that existed before the advent of British rule etc. [8] These indigenous customs, institutions and normative order found expression in customary law. [9] Nonetheless, the British colonial authorities recognized and retained the indigenous system of customary law. [10] Weeramantry observed accordingly that upon the attainment of independence, newly emerged nations often need to take a considered decision whether and to what extent, they would wish to preserve their traditional values and cultural systems. This opportunity to make that decision, he said, has been presented to more than one hundred nations released from the bondage of colonialism since the beginning of this century. He went further to state that, these nations have been faced with the challenge of maintaining cultural values while foregoing new institutions of nationhood. Their decisions are often translated into legal terms, whether constitutional or otherwise. The co-existence of these dual legal systems gave rise to pluralism in Nigeria’s legal system; a phenomenon that has generated interesting debates amongst scholars.

Griffiths (1997) advocated for ‘legal centralism’ which engenders uniformity of laws and concentrated administrative structures under state control. This perspective fails to recognize the need to contextualize law and make it more compatible with the existing social order. [11] Woodman (1985) buttressed the argument against legal centralism by drawing attention to the inability of state controlled common law system to keep pace with the diversity, flexibility and evolutionary nature of customs and social norms. This handicap is manifested in the divergence between the customary law applied in common law courts and the customary law practiced by people in the society.

The Supreme Court Ordinance No.6 of 1914 gave permissive expression to customary law, subject to the satisfaction of three validity tests: applicability, repugnancy, [12] and incompatibility. [13] These limitations of customary law were designed to remove superstitious and harsh elements of these laws; and to solve problems emanating from inaccuracies caused by the lack of codification of customary law. [14] Despite these safeguards in the application of customary law, many feminist advocates have continued to question the ability of customary law to deliver rights and security to women under a plural legal system e.g. right to land, inheritance rights and customary division of labor etc. Citing frustration with the treatment of issues of customary law by common law as a matter fact and the reluctance of appellate courts to over-turn judgments given by customary courts, feminist advocates have looked more in the direction international conventions/charters and statutory law for the realization of gender equality. [15] Unfortunately, the expectation that customs and social norms could easily be changed by legislative fiat could be somewhat unrealistic, given the moral and religious sanctions attached to these customs and norms. [16] However, alternative approaches need to be explored to remove some of the impediments to the reform and development of customary law.

Aidoo [17] observed that the seeming preoccupation of most African scholars on human rights veers only in the direction of issues relating to violations which occur as a result of dramatic political events and not so much on real issues as that in the civil societies where cultural traditions and customs impact negatively on specific rights such as the violation of women’s right to inheritance in the Igbo traditional society. Women of the Igbo society have been led to believe that cultures cannot be changed. The ease of this conviction owe to the fact that indigenous women of the society have no proper means of exposure, and so are used to perpetuate in-human cultural violation on fellow women. Ibhawoh [18] argues that traditional cultural believes are not monolithic or unchanging. They could change in response to different internal and external pressures. He reiterated that cultural change can result from individuals being exposed to and adopting new ideas. Ejidike [19] on the other hand, though in his text he acknowledges that cultures are dynamic and are malleable, failed to relate this during his discuss on Igbo traditions. Could there have been a bias, or a tacit support of traditions.

It has become almost common knowledge and of general acceptance in Igbo society that women are inferior to men. This discrimination is reflected in their social, economic and political life. The discourse of inheritance in Igbo society is mainly on land and landed properties. In the Igbo society, land is recognized as the primary source of wealth, power and social status. As Uche [20] puts it, it is the most significant provider of employment in rural areas and is an increasingly scarce resource in urban areas. Further reiteration by Umeh [21] defines land as social security of last resort for the Igbos. The importance of agriculture in Igbo land cannot be over emphasized. According to Korieh, agriculture was the main stay of economic activity of the Igbo people for a very long time. While men had the right to grow cash crops, women were given the privilege to grow crops such as cassava, cocoyam, maize, pepper and vegetables. [22] Despite the small scale farming women were permitted to have, they were still able to trade their goods and substantially provide food for the family. However this does not vitiate the glaring discrimination of inheritance faced by Igbo women in both customary and formal system of land tenure. This, Uche [23] argued, was as a result of culturally embedded discriminatory beliefs and practices, and male control of inheritance systems. In the Supreme Court case of Chinweze v Masi [24] , it was held that, under customary law, a wife has only a life interest in the property of her deceased husband, and if he dies, her interest ceases. The Igbo culture views women as chattels, property of the man, and so the woman, upon the demise a man, his relatives will inherit her along with his other properties. [25] In Ogunkoya v Ogunkoya [26] , women were referred to as chattels that are inheritable by other members of the deceased husband under certain conditions. The Hegemony that is practiced among Igbo men, which is also supported by the law, has given them the impression that they can do whatever they please and get away with it. Under the custom of patrileneage prevalent among the Igbos, the “umuada” (daughters) are precluded from succeeding their father’s property. This was also observed in the case of Uka v Nkama [27] . The resultant effect of the patrilleage is that the fate of a woman is hanging on the kindness of the husband’s family or her fortune of bearing a male child. [28] This act had encouraged levirate marriages, where the deceased widow is inherited by a family member. Women had no option than to do the bidding of the “new husband” in a bid to protect her young children. Women were also exposed to sexual molestations, and contracted sexually transmitted diseases due to their powerless positions. They cannot say to their partner to use protection, for fear of being thrown into the streets. The dignity of women, through these discriminatory acts has been greatly trampled upon.

One of the excuses from men for discrimination in land inheritance is exogamy.as the men claim that allowing women to inherit land would result to a transfer of family land to another lineage if, in the case of a daughter, she marries, or a widow, she re-marries. [29] some of the reasons men have given for their strong believe and support of women not inheriting land are flimsy as uche [30] have put, and they include;

Women are not intelligent and may make wrong decisions on land.

Women are themselves properties and cannot, therefore own properties

Land belongs to the family, and women, traditionally are not regarded as family members.

Women are on transit and should not own lands.

If female children were given land by their fathers, they will not respect their husbands and will leave their husbands at the slightest provocation.

He went further to state that, not only are these reasons flimsy, but it also exposes the depth of ignorance which most men carry with them. Observing that some women when in an oppressive marriage, leave their husbands without much regards for his properties. He also emphasized the fact that ‘women have exhibited a high level of intellectual achievement both at national and international spheres’. [31]

‘The quest for congruence between cultural traditions and modern national and international legal standards’, as put by Ibhawoh [32] , is a ‘theme for growing interest’. He observed the assumption that ‘national human rights standards enshrined in national constitutions reflect the collective national conscience; they present a higher order of human aspirations with a more effective mechanism for promotion and enforcement. They also provide a higher set of standards by which cultural tradition can be judged. This assumption can best explain the understanding that national human rights laws take precedence over customary or cultural practices, at least in theory’. One would imagine that the constitution of the federal republic of Nigeria would protect its citizenry, especially women, against cultural practices that violate their rights. But as succinctly put by Bennet [33] , when he states that ‘sometimes the constitution gives no indication whether fundamental rights supersede customary law or vice versa’. The notion that ‘the principle of the supremacy of national constitutions ensures that in legal interpretation national human rights guarantees take precedence over any other laws or customary rules” [34] , exists only in south Africa, [at least for the period during which this text is written].

The constitution of Nigeria, chapter 1, part II, spells out the cultural objectives of the state under what it referred to as ‘directive principles of state policy’. These principles are not rights and cannot be enforced in a court of law, and the state is not under any legal obligation to respect them. Directive principles are merely intended to direct government policies. Section 6, clause 6(c) is an ‘ouster clause’, which states that “the obligation of the state to conform to, observe and apply the fundamental objectives and directive principles of state policy is not amenable to judicial inquiry or enforcement”. Interestingly, and unfortunately, social, economic and cultural rights are contained in these principles.

Interestingly, Nigeria has ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) [35] , Nigeria was also one of the countries which participated in the United Nations Fourth World Conference on Women in 1995, that adopted the Beijing Declaration and Platform for Action, [36] the African Charter on Human and Peoples’ Rights (ACHPR) [37] which includes, the protocol on the Rights of Women in Africa. These bodies explicitly call for a repeal of every form of violation and discrimination against women. However, these discriminatory acts continue to exist, especially in the Igbo societies, thereby making a caricature of the legal obligation government have undertaken in acceding to these treaties. Article 5 of CEDAW provides that state parties shall take all appropriate measures to “modify the social and cultural patterns of the conduct of men and women, with the view to achieving the elimination of prejudices and customary, and all other practices which are based on the idea of the inferiority or the superiority of either sexes or on stereotyped roles for men and women”. Article 2 of the Charter provides ‘state parties shall combat all forms of discrimination against women through appropriate legislative, institutional and other measures”. It also went further to state that ‘state parties shall commit themselves to modify the social and cultural patterns of conduct of women and men through public education, information, education and communication strategies, with a view to achieving the elimination of harmful cultural and traditional practices and all other practices which are based on the idea of the inferiority of either of the sexes, or on stereotyped roles for women and men”. The provisions of both bodies are basically the same, laying emphasis on the protection of women against discrimination. The reason for the continuous violations of these provisions, and of women, aside from the lack of implementation under the constitution, may not be far- fetched. In Nigeria, most particularly in the Igbo society, not much is heard by the indigenous people, who are mostly affected by these traditions, of any of the treaties. There is need for awareness and sensitization on the issues surrounding inheritance based discrimination, there should also be some form of media information and translation mechanism. Additionally, Non-governmental Organisation should put more effort into reaching indigenous women by making themselves readily available. That way, they can get first- hand information with which to write their reports and make necessary recommendations. An impact study by Christof Heyns and Frans Viljoen in 1999, in collaboration with the U.N office of the high commissioner for human rights, aimed at reviewing the all human rights treaties, they concluded that” international enforcement mechanisms used by the treaty bodies appear to have had a very limited demonstrable impact thus far”. [38] Awareness, judicial decisions and legislative reforms were the factors used to measure these impacts. They concluded that the coverage of the reporting process by the media was “negligible”.

The United Nations and its bodies have continually affirmed the right to equality before the law without discrimination on basis of sex. [39] Article 1(3) [40] of the United Nations Charter, states that the purpose of the United Nations are ; ‘to achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion’. The Universal Declaration of Human Rights (UDHR) [41] provides in Article 7 that ‘All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination’. Article 3 of the International Covenant on Civil and Political Rights (ICCPR) [42] also provides that ‘The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant’. However, with all these treaties put in place, discrimination against women continues to sprout to a worrying height. In 2004 [43] , the CEDAW committee noted that ‘in no country in the world has women’s full de jure and de facto equality been achieved’. They went further to state as follows; ‘Discriminatory laws are still on the statute books of many states parties. The co-existence of multiple legal systems, with customary and religious laws governing personal status and private life and prevailing over positive law and even constitutional provisions of equality, remains a source of great concern. Nationality laws also continue to discriminate against women by curtailing their capacity to confer their nationality to their children. Women continue to experience discrimination and disadvantage in the enjoyment of rights to own and inherit propertyaˆ¦aˆ¦’. [44]

Outline of the Study

The study will be organized into five chapters using the following structure:

Chapter 1 will introduce the study and its objectives by presenting the context and research questions with a clear sense of scope and limitations of the study. This chapter will also discuss the methodology used in the study.

Chapter 2 will discuss the effects of the customary practice of disinheritance of the Igbo people on the rights of women in the society.

Chapter 3 will discuss international and regional standards of inheritance and the status of women, drawing inferences from the UN treaties and every other treaty which protects the rights of women from violation.

Chapter 4 will draw conclusions from the finding and make recommendations that could better align the customary law incentives with those of common law and also induce social actions that could lead to changes in gender relations.

Interculturele Pedagogiek

Extra opdracht Beoordeling ‘Cultuur en opvoeding’

Cultuur en Opvoeding.

Een recensie over het boek van Lotty Eldering.

De discussie over het multiculturele karakter van de Nederlandse samenleving keert herhaaldelijk terug. Een van de redenen hiervoor is de toename van immigranten en vluchtelingen uit niet-westerse landen naar Nederland. Prof. dr. Lotty Eldering, emeritus hoogleraar Interculturele Pedagogiek aan de Universiteit Leiden, heeft vijfentwintig jaar lang onderzoek gedaan onder allochtone gezinnen. Naar aanleiding van dit onderzoek heeft ze begin 2002 een overzichtwerk geschreven, waarin aandacht wordt besteed aan zowel de huidige (opvoedings-)situatie van allochtone ouders en kinderen, als hun voorgeschiedenis en de daarbij behorende cultuur als hun verdere leefsituatie. Dit boek heet Cultuur en Opvoeding. Interculturele pedagogiek vanuit ecologisch perspectief.’ Niet eerder was er een studieboek verschenen over het onderwerp interculturele pedagogiek. Lotty Eldering is een van de eerste schrijfsters die zulk grondige informatie verschafte over de nieuw bevolkingsgroepen die in Nederland binnenkomen.

Het doel van dit boek is het bij te dragen aan het tot stand komen van een beter inzicht in de culturele orientatie en sociale positie van allochtone ouders en jeugdigen. Daarnaast is het de bedoeling de culturele sensitiviteit, ten opzicht van deze mensen, van haar lezers te vergroten. Het boek is bestemd voor een groot publiek, namelijk studenten en docenten die zich willen verdiepen in de opvoeding en leefwijze van allochtone jongeren, praktijkwerkers, onderzoekers en anderen die behoefte hebben aan kennis en inzicht van cultuur op de opvoeding. Daarnaast is het ook handig als naslagwerk te gebruiken.

In Cultuur en opvoeding wordt de manier van opvoeden van allochtonen in Nederland duidelijk besproken, zodat je er een goed beeld van kan vormen. Telkens wordt hierbij ook gesproken over de islamitische en de hindoestaanse manier van opvoeden. De religie en tradities van deze groepen worden hierbij ook behandeld om een beeld te krijgen hoe zich dit in de Nederlandse samenleving inpast. Ook wordt hier een vergelijking gemaakt met de Nederlandse gewoontes en de christelijke opvoeding. Nederland wordt hier gezien als multiculturele samenleving, door toename van het aantal immigranten en vluchtelingen die afkomstig zijn uit niet-westerse samenlevingen. Wat hier allemaal bij komt kijken wordt beschreven te samen met de waarden en normen in Nederland.

Eldering schrijft vanuit een ecologisch perspectief. Dit perspectief gaat er van uit dat de sociale en culturele context van het gezin, de omgeving, grote invloed heeft op de opvoeding en ontwikkeling van het kind. Tot nu toe is het ecologisch raamwerk voornamelijk gebruikt bij het bestuderen van een stereoculturele omgeving en niet, zoals Eldering doet, bij het bestuderen van kinderen die opgroeien in een multiculturele samenleving. Eldering beschrijft kritisch het ecologische model en het ‘developmental niche model’ (‘ontwikkelingsgebieden’) van respectievelijk Bronfenbrenner & Harkness en Super.

Cultuur en opvoeding geeft de informatie erg beschrijvend weer. Het leven van allochtonen in Nederland wordt beschreven en geA?llustreerd aan de hand van voorbeelden in aparte kaders. Door het boek loopt over het algemeen een goed volgbare rode draad die de lezer langs al die aspecten leidt.

De indeling van het boek verloopt op een logische manier, van het grote algemene (wat zijn allochtonen, waar komen ze vandaan) naar het meer uitgewerkte (hoe wordt er opgevoed, welk risico- en probleemgedrag komen er voor). Doordat de voorgeschiedenis en de cultuur in de landen van herkomst, van de allochtonen gezinnen die in dit boek worden behandeld, eerst toe te lichten kom je tot een beter beeld van deze gezinnen. Ook verklaard dit veel van wat er in de rest van het boek volgt. Deze twee punten hebben namelijk nog steeds invloed op zowel de opvoeding als de andere dagelijkse dingen in de allochtone gezinnen wanneer deze in Nederland wonen.

Na een voorwoord van de schrijfster zelf, volgt een inleiding over de interculturele pedagogiek en het gebruik van dit boek. Hierin worden drie theoretische perspectieven, namelijk het ecologische model (invloed omgeving op de opvoedingssituatie), historisch en vergelijkend en acculturatie (dichterbij elkaar komen van mensen uit verschillende culturen) en cultuurverschillen, genoemd die gebruikt zijn in dit boek als richtlijnen. In hoofdstuk 2 worden de identificatiecriteria, herkomst en migratie van allochtonen in Nederland beschreven. De meeste aandacht gaat hier uit naar de (Creoolse en Hindoestaanse) Surinamers, de Marokkanen en de Turken. In hoofdstuk 3 gaat het om het theoretische kader. Hier worden de integratie, het multiculturalisme, het ecologische raamwerk (met hierin het ecologische model van Bronfenbrenner en de ‘devolopment niche’ van Harkness en Super), de cultuur en de risicofactoren (zowel in het algemeen als speciaal voor allochtone jongeren) beschreven.

De religie staat centraal in het volgende hoofdstuk. Hier worden de Islam en het HindoeA?sme verder uitgewerkt, van het ontstaan tot de komst van dit geloof in Nederland. In hoofdstuk 5 draait het om de maatschappelijke participatie en de culturele orientatie van de allochtonen hier in Nederland. Hier komen onder andere de sociale positie, taal en de banden met het land van herkomst aan bod. In hoofdstuk 6 gaat het boek vervolgens verder met de crossculturele verschillen in opvoeding. Hier wordt het socialisatiemodel van Kagitcibasi en visies op kinderen en hun ontwikkelingen behandeld en de punten opvoeding, leren en identiteit worden nader uitgelegd. In hoofdstuk 7 gaat Eldering daarop door, want hier staat de opvoeding van allochtonen gezinnen centraal. Dit is geschreven vanuit de allochtonen gezinnen (Marokkaans, Turks, Surinaams) zelf. De adolescentie is het onderwerp van hoofdstuk 8. Hier gaat het over relaties (met ouders en leeftijdsgenoten), vrije tijd en vrienden, school en werk, seksualiteit en huwelijk. In het laatste hoofdstuk wordt tot besluit de risicofactoren en het probleemgedrag behandeld. Hier gaat het over wat een belangrijke basis is wat een jongere nodig heeft, welke risicofactoren er zijn en met welke psychosociale problemen ze te maken kunnen hebben.

De manier van schrijven, de indeling van het boek en de vele voorbeelden, van zowel tekst als illustraties, maken dit boek tot een leerzaam boek die ook prettig is om te lezen. Wel mist er zo nu en dan wat structuur. Wat tussen hoofdstuk 6 en hoofdstuk 7 wel duidelijk is, is tussen andere hoofdstukken sporadisch. Tussen hoofdstuk 6 en 7 is een duidelijk verband, er wordt in het eerste hoofdstuk een achtergrond geschetst voor de tweede.

Vrijwel alles waar aan gedacht wordt bij het denken aan allochtone mensen in Nederland, komen aan de orde. Aspecten die hier worden bedoeld zijn bijvoorbeeld religie, manier van opvoeden, sociale positie en andere cultureel specifieke dingen. Het is een interessant boek voor diegene die geA?nteresseerd zijn in cultuurverschillen hier in Nederland. Alles bij elkaar maakt dit informatieve boek compleet.

Culture is the essential part of the humans society. Every person is spending his or her life within a certain cultural community. It frequently defines what kinds of person a man or woman is and what values will they have. Does the cultural environment have a direct effect on the values within a community for anthropology, psychology and sociology? Let us discuss this topic step by step.

To understand it better, we can at first define what the cultural environment is and what influence it has on people within it. The very nature of the cultural environment is cultural and social aspects. It is could also be called “a social context” and sometimes “milieu”. It is a culture of a society or a group where a certain person is living or getting an education; it is institutions and people who interact with a certain human. By interaction we can mean not only different types of personal communication (like on a workplace, in class, with neighbors etc.); people could also communicate with each other by means of different communicational media (like phone, internet, newspapers, television etc). In spite of non – personal type of the communication, people whom a man or a woman meets in internet can have an influence on his or her values and point of view. Also television and other mass media form our perception of life and other people little by little. This type of interaction we can call one – way or anonymous. It does not always imply the equality of the social status. Thus, the concept of a social environment is wider that the concept of a social circle or a social class. Nevertheless, it is common that those people who have the same social environment start having a sense of solidarity. They easily help and trust each other; also they tend to create a social group. As a result, those people will always have a similar way of thinking and similar patterns even if they make different conclusions.

It shows us that people depend on society and culture around them very much whether they recognize this fact or not. Let us briefly define what culture itself is. It is going to help us understand what kind of effect it has on the values within a community for anthropology, psychology and sociology.

There is plenty of information about culture and different consequences of it. It is impossible to transmit a culture through genealogy. Culture is not something innate; culture is something that everybody should learn. Different facets of it are interrelated; a culture is spread by those people within a group. Nowadays different cultures could easily exist within a country side by side (like it commonly happens in African countries). According to Hoebel (1960), the definition of a culture is following: “The integrated sum total of learned behavioral traits that are manifest and shared by members of society”. According Lawton (1975), culture includes “age grading, religious rituals and athletic sport”. According to Frow (1995) there are “traditional differences in task and doing business were breaking down and this meant that standardization rather than adaptation is becoming increasingly prevalent”. Probably, a culture is one of the most significant environmental variables that should be considered within a global marketing. Often a culture could not be freely overlooked; it often hiding from a view. Culture consists of some elements; they are language, aesthetics, religion, values and attitudes, education, social organization and material culture. It is necessary to discuss briefly every element of it.

Material culture includes communications, power, transportations and others. Language is the next aspect of culture. It is a reflection of the values and nature of a certain society group. It could be sub-cultural languages, for example, dialects; in some countries it could be two or even more languages. Aesthetics includes art, dancing, arts-music. It concerns good taste, beauty, form and color of it. Education, as it is easy to see, includes the transmission of ideas, attitudes, skills and training in certain disciplines as well. Moreover, education serves as a transmitter of cultural and social values. Sometimes a child was introduced to the cultural value by school or later by university. Religion gives the humans’ behavior the best insight and as well it helps us to answer different questions, for example, why people behave n this way and not in another.

We can see that “culture” is a complicate conception; it includes different aspects. What can we say about “values” conception? What is commonly meant by “values”? Shortly, by values a person may mean something that is really matter to him or her. It is beliefs and ideas somebody holds as special. Social and cultural environment forms one’s values. Home, church school – there are just some places where people could study values that are common for everybody within their cultural environment. Teachers, friends, parents are forming our personal system of values from day to day. As a result we have personal values. Arts et al. (2003) summarized that they consist of something that we accepted from people around as and that part that came with our own life experience. It is too compulsory to accept everything a person is hearing around him or her; nevertheless, values of cultural environment around us has its strong influence on our own system of values.

Now, when we recognize what “values”, “culture” and cultural environment” commonly mean we can examine the direct effect that the cultural environment has on the values within a community for anthropology, psychology and sociology.

Before discussing the influence of a cultural environment on a person according to anthropology let us briefly mention the definition of the science. Saying shortly anthropology is the inquiry of humanity. Its origins throw back in the social sciences, natural science and humanities. The term itself is taken from the ancient Greek language and has two parts: “man” and “study” or “discourse”. The matters of anthropology are “how do people behave”, ‘what are their physical traits”, “why we can see differences and variations between groups of people”, and finally “who was the ancestor of the modern humans”. Anthropology is commonly divided in to four fields; they are cultural, or social, anthropology, linguistic anthropology, archaeology and biological, or physical, anthropology. We can see that anthropology itself is the science that studies social and cultural values, differences, origins, roots etc. Thus, it is important to talk about the influence of culture environment according to this certain science.

According to anthropology, a culture could be seated deeply; unprepared person could take some type of a culture like something senseless, strange and even cruel. Let us give an example. According to the Muslim culture a woman must cover her face with yashmak and hide herself from any alien. Nilaweera & Wijetunga (2005) emphasized that this custom could appear strange and senseless to any person from Europe, United States or numeral other countries where people flaunt a woman’s form openly. Here is another example of the opposite culture. In some African countries (like Congo, Kenya etc) women do not wear top cloths. Oyeshile (2004) explained this fact that according to their culture, their traditions and according to their hot climate they do not consider the top of the female body something that they should cover or hide. There are many other different examples of things and customs that are unacceptable and even criminal in one part of the world; at the same time at another part of it people consider it the culture and commonly do it.

Summarizing this short extract we can see that cultural environment have a direct effect on the values within a community for anthropology. Continue the two examples above, a woman from the African country where there is not common or compulsory to cover her body with upper wear have values that are different from the values that are precious for a woman from a Muslim country. If those women could try to explain themselves their culture, values and reasons why they are keeping those culture values they would hardly understand each other. It is common that Muslim people condemn women from Europe and America. For them even the most modest and restrained American female seems to be a woman without culture values because she shows certain part of her body

What can we say about the influence of the social environment on personal values for psychology? What is psychology? It is the science of the human’s behavior and mind. This science is an attempt to understand humanity by exploring certain specific cases and by discovering some general principles as well. One of the main goals of psychology is to benefit the society. Scientists who involved in it we can divide in to some groups: cognitive scientists, social scientists and behavioral scientists. Among others, social behavior is among different subjects of psychology. The science of psychology explores following concepts: emotion, cognition, phenomenology, perception, attention, brain functioning, behavior, motivation, personality, unconscious mind and interpersonal relationships. As anthropology, the science of psychology is a social science and it has a strong connection with social environment. According to psychology, some type of behavior could be considered normal and other type could be considered abnormal. Commonly, humanity has the same nature. For example, murdering and cruelty is considered abnormal in every social group and community. Nevertheless, within some cultures the conception of cruelty may vary. Let us give an example. In American and European countries violation in any form is unacceptable even within a family. Thus people who keep doing it to others would consider psychologically abnormal. According to the culture of some eastern countries, especially countries with Muslim culture, a husband can beat his wife or punish her or in any other way if she does not satisfy him. What kind of misdeed could a wife do? She may cook a food that her husband does not like; she may say a word that her husband could consider unacceptable. People within the community with such culture are considered psychologically normal even if they commit violence every day. According to their culture cruelty is acceptable. A woman is expecting for it and she has no even right to complain. According to the example above we can see that psychological situation within a community could have a strong negative effect on personal values of a human. A person can look at low values of members of the community around him or her and subconsciously this person could understate those values that he or she had before. Psychologically people inclined to depend on society. That is why we can state that the cultural environment have a direct effect on the values within a community for psychology.

Sociology is the last science that we are going to discuss. It studies the society using different methods of critical analysis and empirical investigations. This science refines and develops knowledge about the activity of human society. One of the aims of sociology is to achieve the social welfare with the mean of the knowledge. Mancheno-Smoak et al. (2009) stated that the field of interests in sociology varies from the micro level of interaction and agency to the macro level of social structures and systems. It is a very broad conception that is focused traditionally on social class, religion, social stratification, social mobility, secularization, deviance and law. It includes all spheres of people’s activity. It is interesting that sociology studies different types of interactions between people. We are living in the age of the world wide globalization when the whole planet is becoming one big house. Different cultural and social communities are not staying separate from each other like it was some hundreds years ago. People are moving, migrating and spreading their culture and different values among other societies.

Why can we state that according to sociology, the cultural environment have a direct effect on the values within a community? First reason is that people like to communicate with each other. It means that they getting some new knowledge and values. Roniger (1995) declared that when representatives of different cultures are staying in contact for some time they will get used to new values. It will stop being new for them. New cultural values will become common and according to sociology people will start accepting it in their lives. In some time they would not remember that one or another culture or value was not imparted to them. And it is the second reason why the cultural environment has an effect on values of people for sociology. In other words, when people move from one place to another they create a new social group with mixed culture and values.

In conclusion of all factors and aspects that we discussed above we can see that anthropology, sociology and psychology are connected between each other. These three sciences are all about the human nature, culture and community. They are examining interactions and cooperation between different people; we can state that the cultural environment have a direct effect on the values within a community for anthropology, psychology and sociology because according to these sciences it is up to people’s nature to take something new from others. According to religion, human society was created as one big family. Let us agree that this statement is right; thus, we need to accept that people within a social community have a direct effect on each other in the same way in which members within an ordinary family have.

Every science that we discussed has one main aim – to make our society better. We need to remember that it is up to everybody to help in achievement of this aim.

Introduction:- The essay will focus on how culture, gender and religion limits human rights in Africa and how the three come into conflict which leads to discursively construct each other via cultural. It will also cover the potential and limitations of the women’s rights as human rights in which, attension will be paid to Islamic law-sharia and some of it cases in Nigeria. The essay will also relate international human rights documents like the Universal Declaration of Human Rights, African Charter on human and people’s rights, protocol to the African Charter on Human and people’s Rights of women in Africa, and Cairo Declaration on Human Rights in Islam(sharia law) and conclusion.

Legal Pluralism in Human Rights Law:

The plurality of norms and values that exist in different African cultues and societies is also reflected within the human rights system itself. The human rights system embodies both individual and communal rights. The tension relationship between the principle of a group’s right to self determination and cultural identity, asembodied in the African Charter on Human and People’s Rights and Article 16.1 of the Women’s convention, which puts an obligation on the states parties to eliminate discrimination against women in all matters relationg to marriage and family relation. In the African context is whether the protection of group rights such as culture and religious identity of ethnic group, constitutes a justifiable reason for differential treatment of women and men in African. There has always been great arguement when interpreting the convention in relationa to African States parties, it should be born in mind that African and Western cultures apply different values and norm(Grannes 1994:28) This is because the implementation of Women’s convention has proved to be particularly problematic in the area of personal and family law, where it comes into conflict with religious and customary laws and practices.

Human Rights in African

Over decades now, Africa have been ranked by international Human Rights organizationas like Human Right Watch, Ammesty International and International Crimenial Court as a continent where human rights violations are at it apex especially islamic countries, the violation of women’s basic human rights are mostly done in the name of culture and religion. [1] After the Universal Declaration of Human Rights by the United Nations General Assembly in 1948 in which pursuit of equal rights for women through international law has been fair from reach. The principle says that everyone is free and equal in diginity and eveveryone is entitled to rights “without distinction of any kind, such as race, colour, sex…” was started in Articles 1 and 2 of the 1948 Universal Declaration of Human Rights [2] , African Charter by the Organization of African Unity (now African Unity) in 1986, Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) and the Cairo Declaration on Human Rights in Islam by the Organization of the Islamic Conference in 1993. Anthropology as an academic discipline has embraced a predominantly ethical relativist stance toward the idea of human rights as a legitimate universal concern for all cultures. In the past years the rising prominence of women’s rights as human rights has challenged this point of view. Within the context of the global women’s human rights movement, feminist anthropologists are in the forefront of this challenge, striving to uphold anthropology’s important focus on cultural context, while at the same time paying deep concern for harmful pracetics against women, with female genital mutilation in African no exception, which may be argued to be morally objectionable outside of any given culture. “Human Rights” is a very difficult phrase to define. One’s idea of humanity varies in every culture especially in African societies; discrepancies are often found even within a singular culture.

Gender,Culture, Religion and social Causes a Barrie to Human Rights in Africa:

Violence continues to affect lives of millions of women in African in all socio- legal, economic and educational classes. This is cuting across cultural and religious barriers, which impeding women from taking full participation in societies. One of the greatest barriers to women’s economic advancement is violence they face on daily routine. Not only does such violence impede women’s ability to live full and productive lives, it also hampers their contributions to family, society and economic development. Violance aganist women is one of the most visible consequences of economic, social, political, legal and cultural inequalities that exist between men and women in Africa, as a result the continent is laging behind the rest of the world [3] . Given the subordinate status of women in Africa, women are most exposed to ill treatments, physiological abuse, and physical violence, such gender violence is considered normal and enjoys social sanction.

African continent is rich in cultural relativity(culture of discrimination) and norms, as a result it has showed a vital barrier to the implementation of the universal human rights act.

A universal agreement among certain human rights provisions is not likely to occur, specifically when dealing with islamic countries in African where transition to more equal rights is most problematic, where elements of Sharia law governing the behaviour of women remain active. In extreme examples in Northern Nigeria, these ancient laws still declaims that adultery is a crime when only carried out by women, and makes it impossible for a man to be convicted of rape. In certain circumstances, conforming to human rights would signify a fundamental change in societies that the elite is not willing to undertake, fearing a potential change in the balance of power while the cultural norms remains unchanged.

Violence against women in Africa comes in several forms discrimination, rape and Female Genital Mutilation (FGM), which the World Health Orgnazation (WHO) defines as ‘comprises all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons’.

The practice is mostly carried out by traditional circumcisers, who often play other central roles in communities, such as attending childbirths. Increasingly, however, FGM is being performed by health care providers and constitutes an extreme form of discrimination against women. It is nearly always carried out on minors and is a violation of the rights of children. The practice also violates a person’s rights to health, security and physical integrity, the right to be free from torture and cruel, inhuman or degrading treatment, and the right to life when the procedure results in death.

Despirte global efforts by World Health Organization (WHO), United Nations Children’s Fund (UNICEF) and United Nations Population Fund (UNFPA) to combat the wild spred of FGM, it still remains donominant in Africa as a cultureal partices, which lives about 92 million girls age 10 years and above are estimated to have undergone FGM and three million girls are at risk annually [4] .

The reasons behind female genital mutilation in Africa include a mix of cultural, religious and social factors within families and communities.In most African countries where FGM is a social convention, the social pressure to conform to what others do and have been doing is a strong motivation to perpetuate the practice. Traditions in African believes that FGM is often considered a necessary part of raising up process for girl(s), and a way to prepare them for adulthood and marriage life, it often motivated by beliefs about what is considered proper sexual behaviour, linking procedures to premarital virginity and marital fidelity and is also associated with cultural ideals of femininity and modesty, which include the notion that girls are clean and beautiful after removal of body parts that are considered male or unclean. The Africa Traditional Reglions (ATRs) is the only religion that fully support to the practice, practitioners often believe the practice has religious support, other religious leaders take active positions with regard to FGM: some still promote it, some consider it unimportant to religion, and others are still kicking against the idea.

Potential and Limitations of Women’s Rights as Human Rights

Social and economic indicators for African countries consistently show that women bear the greatest brunt of hardship because of disciminatory lwas against them, efforts to modernise this discriminatory laws have been frustrated by deep-rooted cultural barriers that runs in opposite direction with developments . Women in Africa contribute in numerous ways to the national development of every country. They are responsible for nearly all household duties , starting from food productions and processing exercises. Often, women tend to be viewed not as individuals, but as part of the male-headed household with some unique needs of their own related to their preceived roles, if given the rigts they can be at the front line of major global issues.

Women organizations in Africa and around world such as Formum for African Women Educationalist (FAWE) and the United Nations Development Fund for Women (UNIFEM) have been actively involve in using different approaches in seeing the the rights of women as stated in various international human rights docuents be met,their efforts are far from reach in Africa.

Sharai Law:

The word sharia means “the path to a watering hole”. It denotes an Islamic way of life that is more than a system of criminal justice. Sharia is a religious code for living, in the same way that the Bible offers a moral system for Christians. It is adopted by most Muslims to a greater or lesser degree as a matter of personal conscience, but it can also be formally instituted as law by certain states and enforced by the courts. Many Islamic countries have adopted elements of sharia law, governing areas such as inheritance, banking and contract law.

Sharai Law in Nigeria -Case One:

Safiya Hussaini, age 35, was sentenced to death by stoning in October 2002 for allegedly having a child with a married neighbour. She had the child after her divorce, but maintained the father was her former husband and that they were married when the child was conceived. The court convicted her, but Hussaini won an appeal, this time alleging that she had sex out of wedlock before sharia law took effect.

Sharai Law in Nigeria – Case Two:

In 2001, a teenage single mother was given 100 lashes for adultery, even though she argued she was raped by three men. The court said Bariya Ibrahim Magazu could not prove that the men forced her to have sex. Sexual discrimenation is transparent in this case, The Sharai law failed to bring the three men to book for raping, insisted all the blame was put on the woman alone.

Sharai Law in Nigeria -Case Three: In 2002, Adama Unusua, who was 19 and pregnant, was recently sentenced to 100 lashes in public for having sex with her fiance. [5]

International Human Rights Documents and Sharia Law in Africa:

The African continent ratified international and regional human rights protection instruments, human rights violations such as discrimination against women persists widely both in law and practice.The international commettee remains particularly concerned by the currently violations of human rights in Africa especially the ones currently going on in North Africa andWest Africa(Ivory Coast). The persistence of discriminatory laws; lack of perfect harmonisation between statutory and customary laws and the application of Sharia laws constantly increase violence against women, including widowhood rites; and obstacles to access top employment opportunities leades tonor right in decision-making that even affects them.The Shariagoes in oppsite direction with all international and regional human rights documents, expect in the Cariro Declaration on Human Rights in Islam by the Organization of the Islam Conferencce in may 1993, which made provision in Article 2 [6]

Conclusion:

Increase in the violation of huma rights in Africa is at it apex point, both the international and regional commeteer need to pay much attension to this issues, especially the violation of fundamental rights which are clearly speelts in all human rights documents with execption to Articule 2(c) p 4 of the Cairo Declaration of Human Rights.Women’s rights must be respected by eliminating all form of discrimination against them, so that they can see themselves as partners in development in African.

Culture is defined as, “a particular society at a particular time and place”. This definition describes that cultures in various locations and during different time periods are unique, and cannot be duplicated. In a multicultural nation, such as Canada, there are various cultures with different views, beliefs and opinions that have been brought by the new immigrants and shared within their ethnic communities, as well as their families. At times these cultures and views can clash, and result in one interpretation of what is believed to be right to override the other. This is when the relation of the concept of culture relating to crime can be made. At times what may seem to be viewed as normal or non deviant within one culture can be deemed illegal and unlawful by another culture. This however becomes a culture shock when people of various subcultures are forced to abide to the culture of the metro poles they live in. This concept of culture relating to multiculturalism can relate to culture of conflict theory, the subculture theory and the differential association theory. It is not only within ethnic groups that cultural conflicts exist, but also within subcultural groups that are within a larger context of society. The concept of culture invoking crimes is substantially based upon the fact that subcultures clash because their culture is under the interpretation that their values, beliefs and judgements are opposite to what they believed should be deemed criminal. The result of crime within various cultures, are caused by the differential values of various cultures, the lack of education and adaptation of Canadian culture in the multicultural metro poles, and the opportunities that exist in order to prevent crime.

Culture conflict theory states that “the root cause of criminality can be found in a clash of values between differently socialized groups over what is acceptable of proper behaviour”. For example, for some, protesting for one’s rights and freedoms by blocking a road is deemed illegal from the place of origin they immigrated from, therefore when viewing Canadian citizens continually protesting on the roads may cause them to believe that the individuals’ committing these acts are criminals. Canada being a multicultural nation, harbours many different cultures that may in fact not be used to the behaviour and cultural views of the greater Canadian society in which they belong in. This often is due to the conduct norm defined by Sellin as, “the shared expectation of a social group relative to conduct”. This expectation of what is considered to be normal and deviant are socially created by the broader society and forced upon individuals to follow. Canada for example has progressed greatly from a conservative society, to a very liberal and free democratic society. Many things have changed with regards to conventions and law in Canadian society; such changes aren’t so readily accepted by older generations or various cultures, nor are they easily adapted to. This results in crimes being committed by people that aren’t actually aware of committing an illegal action. This explains Sellin’s point that crime is nothing more than that an argument is that of what is deemed to be right or wrong. Selling also pointed out that there were two types of cultures in conflict, they were primary and secondary conflict which also led to the clash of cultures and the result of crime.

Primary conflict is described as that in which there is, “a fundamental clash of cultures that occurs”.An example that is very common in contemporary society is the idea of honour killings by parents. “Honour killings are committed usually to daughters by parents or older siblings because the behaviour of the child is believed to have brought shame to the family. On June 16th 2010, a father and son were sentenced to life in prison after pleading guilty for the murder of Aqsa Parvez, a 16-year-old girl of Pakistani descent who wanted to wear western clothes and get a part-time job like her Canadian peers.” Although this example seems to be drastic, it is believed by the individuals that commit these crimes that this is completely normal behaviour that has been practiced in their native lands. This example shows that what may have been deemed illegal and murder by Canadian culture was not the case from where these two individuals came from. The individuals in this case were not aware that they had committed something wrong, because based on their culture it is their responsibility to uphold the family name and do whatever it takes to protect it. The question then remains if this should actually be considered a crime because the person who committed it came from a different culture which did not hold the same views. Or would it be the responsibility of each individual residing in Canada to adapt and learn the conduct norms and completely forget about their values and beliefs. In this primary example, it can be made clear that since Canada is home to many immigrants, a “crime” like this may occur again because of the lack of knowledge of what is considered to be right and wrong in a new culture. Although this act may be considered to be unexplainable to many parents as well as citizens it is clear that many citizens still carry on their culture of their homelands, crimes such as these are bound to continue to flourish in a multicultural society.

Secondary conflict is described by Sellin to be that of which when “smaller cultures within the primary cultures clash”. An example of secondary conflict is the smaller cultures of drug dealers, prostitutes and gamblers that are regarded as clashing with the middle class and upper class values of society. For example for the middle class, making a decent wage through legal means is a way of life and what is considered to be what is considered right, however for those individuals that participate in drug dealing and prostitution it is also seen as their way of life. Therefore when laws are created by the middle class and upper class citizens they are created in a way in which clashes with the way of life of the low class citizens who commit these crimes as a way of earning money and living. Therefore, this crime that is socially constructed by the higher class results in the only way of life the lower class citizens have being deemed as criminalized activity. These crimes rates continue to flourish because these individuals’ way of life has been criminalized by the upper class. Until a new form of opportunity is granted for these individuals they will continue to maintain their deviant ways of life. Thus, this secondary conflict will only disappear when the economically marginalized are able to adapt to the cultural norms of the middle and upper class.

Subcultures are defined as a collection of values and preferences that is communicated to sub cultural participants through a process of socialization. Therefore, this statement is reiterating that it is through interacting with a subculture that one learns how he or she is to act and what he or she is to believe in. This interconnects with subculture theory which is, “a sociological perspective that emphasizes the contribution made by various socialized cultural groups to the phenomenon of crime” For example, street gangs continually function in a sub cultural level where they have their own set of values, beliefs and roles that may not necessarily adapt to the Canadian laws of society, however due to socializations that have made them a member of the group they do not see themselves committing crimes. For example, there are violent subcultures that Ferracuti and Wolfgang describe as individuals learning from being constantly exposed to violent practices as a means of problem solving. This is done by these individuals because violence is seen as a better precaution than other forms of adaptation. Therefore when charging a gang member for brutally attacking another gang member, one has to realize that within the subcultures of these individuals and their gangs what they are doing is only what they have learned to do in response to what has been taught to them. Therefore the question then comes into question of whether the subcultures of these gangs are the reasons why the crime rate is considered so high, and if so what can be done to change the mentalities of these subcultures to adapt to a more acceptable approach.

Many of these subcultures committing crime has been a direct result of the differential opportunity provided to each of these individuals. For example, there are two different opportunity for those individuals that fall into the lower class for a pathway to success, one is measured through legitimate means and the other illegitimate means. Examples of legitimate means are obtaining a job and making an honest living, while illegitimate means are selling drugs, prostituting etc. The reason why most lower class individuals chose illegitimate means over legitimate opportunity is because these measures are readily available. These jobs and opportunities that the lower class have to do in order to survive are always disapproved by society, which results in these individuals committing crimes. These so called delinquents are defined as individuals’ whose behaviours violate basic norms of society and those whose crimes once known by the police get them involved in the criminal justice system. It is described that deviance is just as much an adjustment to conform as is deviance to conform to expectations. What this statement means is that each of these individuals are trying their best to adapt to a society in which everything they do is being considered a crime, therefore at the most they are trying to adapt as much as they can to the expectations and norms of the middle class which do not include the lower class.

There are three delinquent subcultures that are pointed out which are criminal subcultures, conflict subcultures and retreatist subcultures. Criminal subcultures are ones in which criminal role models are available for imitation by those just entering the subculture. For example, gang leaders that own a gun and have been inside jail are mentoring these new recruit into their subculture and teaching them all that they may know. Conflict subcultures are when participants try to seek status through violence. This could be a scenario where a gang member is trying to earn the trust of his elder gang member, therefore he commits a few crimes to prove that he is worthy of their trust, somewhat like an initiation process. Another subculture is the retreatist subculture where drug use and withdrawal from society dominate. This for example is one of those high drug trafficking cases where the individual is always under the influence of an illegal substance, and prefers to not be in the public eye so he or she will not get caught. Through these various subcultures, one can see that these are still common in our contemporary society, and are continuing to add crime to our statistics.

Conflict culture, subcultures and differential association theory all underlie the reasons why there is a constant issue with crime in the multicultural metro poles. Individuals are unable to break free of their own cultural barriers, and adapt to Canadian cultural barriers that are frankly different and built upon social norms. What one would consider normal in his birthplace may be deemed a crime in Canadian society which is why the cultural conflicts continue to create more crime within Canada. It is not only the cultural conflict, but the processes and structure of subcultures that also deviate in exceptional amounts of crime being committed that is not deemed by the wrong doers to be criminal. One can uncover the fact that aside from the cultural conflicts, these individuals are put in this pathway because only illegitimate means of survival are provided toward for them. This society is built upon socialization of upper class views, morals and beliefs which results in the middle class and lower class being swept under a rug and continuously charged with crimes that they may consider a way of living. The only way in which we are to break free of this cultural crime being committed is by educating the general public about the importance of adaptation of Canadian laws, creating programs for those individuals in dangerous subcultures and allowing all classes to create the conduct of the norms.

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