Transformation of women’s rights in the post 1979 revolution of Iran

Essay topics:

Transformation of women’s rights in the post 1979 revolution of Iran

Introduction

Research problem

The twentieth and twenty-first centuries have marked a rapid expansion of women’s rights in liberal societies which have created a large-scale impact and forced transformations of policies and laws in other countries. The narratives developed through the process of globalization and the role of national and international institutions and organizations in relation to the changes experienced in the politics of Iran are the targets of our research.

The effects of the discourse created have raised the attention of activists worldwide leading to considerable campaigns to persuade societies by creating external as well as internal pressure for reform in Iran such as the “Stop Stoning Forever Campaign”. Subsequently, Iran has been a major focus of attention when it comes to women’s rights since the Islamic revolution of 1979 due to the significant changes in regards to family law and the penal code. Both perspectives have contended the concept, principle, and framework of women’s rights and we have found the discrepancies to be of interest.

In 1979 the nation of Iran underwent significant political changes. A monarchy, which had attempted to modernize not only political but social traditions, was overthrown by a large coalition of diverse political forces comprising of democrats, secularist, Islamists, and traditionalists who all had grievances with the autocratic nature of the monarchy. The outcome of this revolution was a power grab by the Islamist clerics of the country in which secular reforms, laws and institutions were dismantled and replaced by religious ones. Sharia law became the main source of legislation in Iran and the head of state was designated to the Grand Ayatollah of the Shia Twelvers, one of the major denominations of Islam.

One of the areas of law with the most significant changes relates to women’s rights and women’s role in society. Under the guise of an Islamic framework several changes were instituted. For example, marriage where the legal age for women dropped from sixteen to nine, government participation where female participation was limited and new dress codes were enforced on women.

Research Question

We have stated the following as a research question for our independent research project: How are women’s rights in post revolution Iran portrayed by Freedom House in contrast to Islamic Republic of Iran Broadcasting?

The analysis will pertain to three specific topics within the framework of women’s rights; family law, education, and employment. We have decided to do a comparative case study of women’s rights in Iran using two units of analysis. The first; Freedom House which is a US based non-governmental organization and the second; Islamic Republic of Iran Broadcasting.

We have chosen to employ a feminist theoretical framework that will provide us the intellectual background for the analysis of the main sub topics in our research question as well as it will supply us with the concept of equality, which we find suitable in examining this issue. We will approach these units using the methodological tools provided by discourse analysis in order to examine the language used to create the two respective narratives and its considerations.

Literature Review and Theoretical Framework

To be able to apply the concept of equality in our analysis we have to clearly define what we mean by this concept, what contexts are applicable and the suitable framework for our case. The theory of feminism approaches the concept of equality from several angles. The main arguments have surrounded the tensions between the proponents of distributive justice and those who favor the politics of difference or recognition. The concept of distributive justice is held by a distinctive brand of liberal political theory called egalitarian-liberalism, which seeks to create compatibility between liberty and equality (Farrelly, 2004: 3). This view of equality prioritizes the way in which fundamental rights and duties are distributed within a society, primarily public good. One of the political theorists behind this view of justice and equality is John Rawls who is influenced by the writings of John Locke (Farrelly, 2004: 3). Many feminist theorists however heavily criticize this conception of equality and maintain that liberal thought of human rationality and fundamental rights “do not necessarily advance all women’s interests. At best, they advance the interests of only certain kinds of women – namely privileged women” (Tong; 2009: 37) concluding in a need for either the politics of difference or a fusion of both conceptions of equality (distributive justice and the politics of difference).

The writers whom we have decided to use in order to frame and guide our theoretical standpoint with regards to the concept of equality are Nancy Fraser and her text “Recognition or Distribution” and Susan Okin and her text “the public/private dichotomy” both in the book, Contemporary Political Theory, by Colin Farrelly.

This theoretical framework deals with what political equality is, what are its components and what remedies fit them. In “Recognition or Distribution” Fraser sets out to develop a critical theory for the concept of recognition in a way that is compatible with the politics of distribution championed by egalitarian liberals and liberal feminists. In order to create a coherent concept from these two paradigms Fraser uses categorizations of oppression defined by Iris Marion Young book, Justice and the Politics of difference. In it Young (1990: 38) states “oppression consists in systematic institutional processes which prevent some people from learning and using satisfying and expansive skills in socially recognizable settings, or institutional processes which inhibit peoples ability to play and communicate with others or to express their feelings and perspectives on social life in contexts where others can listen”. Fraser breaks down this definition into two units, the first a political economic component in relation to systematic prevention of skill development and the other a cultural imperialist component in relation to constraints of communication in social contexts (Farrelly, 2004: 209).

The two components of political economy and culture are also used by Fraser to categorize the five face of oppression defined by Young. According to Fraser the first three forms, exploitation, marginalization, and powerlessness are rooted in political economy while the two other forms; cultural imperialism and violence are rooted in culture (Farrelly, 2004: 212-214). Young suggest that since the root of cultural imperialism and violence is cultural and the remedy is the politics of difference while the politically economic rooted oppressions of exploitation, marginalization and powerlessness require labor restructuring, a distributive remedy. Fraser however builds upon this theory with certain adjustments due to the variant of social groups. While Young argument denotes remedies according to the type of oppression faced by a social group, Fraser stresses that the type of social group as well as the form of oppression plays a role in the type of remedy that should be used, in which Fraser (Farrelly, 2004: 211) states “important conceptual distinctions will be lost if we assimilate genders, races, ethnic groups, nationalities, and social classes to a single model of the affinity group”. Fraser concludes that the politics of difference takes three distinct forms, which require different responses. The first; humanism which seeks to abolish differences that stigmatize and oppresses a social group and this is where it is applicable to gender differences, the second is cultural nationalism in which inferior traits that differentiate oppressed groups “marks of their cultural superiority over the oppressors” and should be universalized, and the third is cultural variation which is when traits are neither superior or inferior in which differences should be affirmed (Farrelly, 2004: 217-218). All these different components and categorizations will help us navigate the laws and justifications regarding equality in education and employments for women in Iran.

Another essential contribution to the feminist theory and debate lies under the slogan “The personal is political”. Susan Okin challenges a distinction between the private and public spheres whilst idealizing a society with genderless policies. Okin’s rejection of the idea of a private realm is justified upon the power relationships which have influenced the domestic sphere that overtime have disfavored women. The conception of family is exposed as the initial perpetrator and replicator of social gendered inequalities influenced by values of external politics and shaped by political decisions in a patriarchal society. Okin argues “…to be wary of appeals to tradition, or so called ‘family values’, as such appeals often ignore the fact that the domestic sphere is itself shaped by the political sphere so inequalities in the latter can, and often are, translated into inequalities in the former” (Farrelly, 2004:166)

One of the main arguments that Okin proposes is a humanist justice that regulates with policies the internal injustices that have oppressed women for so long in the domestic sphere. By applying specifically equal protective laws to those inside the family, considered as personals or individuals, stability in the power relationship in the domestic sphere is achieved. Okin affirms, “A just family is one which is internally regulated by the principles of justice. A humanist conception of justice is one that seeks genuine equality between men and women in terms of the paid and unpaid work they do, as well as their opportunities and obligations in general” (Farrelly, 2004:166). Traditional liberal theorists like Rawls, suggests the idea of applying constrains on family when such is considered as an institution where basic rights and civil liberties are guaranteed (Farrelly, 2004:166). This stand has been especially challenged by feminist critics because claiming rights limited to institutions and not specifically to individuals, undermines women’s interests.

Hence, the relevance is that within this feminist framework we are able to address the impacts that liberal discourses have discharged through globalization, enforcing reinterpretations and restatements in the Sharia Law of Iran. One of the areas that has been impacted by these influences which frequently criticized in Iran, is the procedure where the value of a woman’s life is interpreted as half that of a man’s, in court where two women witnesses are equal to one man, and women inherit half as much as their male counterparts (Sadr & Hoodfar, 2010: 892).

Furthermore, Okin agrees with the fact that gender is a social construction that begins with our socialization environments first in the family and later in school therefore if unjust gendered social structures are created, psychological blocks are too. Gender is ‘the deeply entrenched institutionalization of sexual difference’ (Okin, 1989: 6). As a result, barriers in the divisions of labour roles with aggregated value to everyday tasks come along with eternal clashes in society. When society places great value on paid employment and undervalues unpaid domestic labour, then these attitudes will also distort what constitutes a ‘fair division’ of labour between family members (Farrelly, 2004:167). Thus, characteristics for considering that women and men are both rational individuals capable of accepting division of roles in society under the circumstances of true consent are particularly of feminist thoughts. In this sense, true consent is not acquired either voluntarily as in societies regulated by religious law or influenced by patriarchal law. Reliable and true consent is only achieved when equal rights and obligations in all spheres of a society protect men and women.

In conclusion, it is convenient for our analysis that the feminist theoretical framework engages constantly with the perception that the concept of equality can entail. One perspective, which is involved with the politics of difference and recognition, that claims for wider protections under the law to liberate individuals, especially women, from different kinds of oppression inside the family life and in society. These political claims also remain different in two aspects in which one; is gender based and the second one; according to considerations of rationality. A second perspective involves the distribution of primary goods and benefits as well as social values. Thus, the different arguments that have surrounded equality in the feminist approach provide us with the means to analyze problematic matters and interpret findings in our research on women’s rights, like we will the in matters of; education, employment and family law in Iran. Applying the theoretical concept of equality used by Young, Fraser, and Okin rather than the liberal feminist conception will assist us in looking beyond the surface of laws and regulations and to reveal the underlying societal structures that underpin gender inequalities and cultural norms that prevail. As a result, the strengths of a feminist theory make this framework suitable and accurate to approach our research problem.
Methods & Research Material
Methodology

We have decided to do a comparative single case study of women’s rights in Iran using two units of analysis. We will approach these units using the methodological tools provided by a discourse analysis through a feminist theoretical framework in order to examine the language used to create the two respective narratives. As Bryman (2008: 500) states, “ language is depicted in discourse analysis as constituting or producing the social world”. Our justification for this is embedded within our theoretical framework and choice of research method that sees discourse as the creator of a reality. The material we are using is then not just a description of social reality but central in creating it according to this constructivist ontological position. With this approach we are looking at three components in the discourse; what is the discourse doing (the narrative), how is it constructed, and what is used to construct the discourse (Bryman, 2008: 500). Several points compose each part. In the case of “what is the discourse doing?” we will examine how the events are presented and what is the narrative or message being inferred as well as the intended audience. “How is it constructed?” contains the questions of descriptive terms, the building block of what is said as well as what is left unsaid. The last point regarding “what is used to construct” contains the components of who is the creator of the discourse. The methodological tools that we will use consist of interpretive repertoires, quantification rhetoric, and rhetorical details. Each report will be broken down into three different components or sub-topics; the Pre and Post revolution status of women, family law, and education & employment. The proper tools will then be employed for the relevant sub-topic.

Research Material

The two main research materials are; the report on Women’s Rights in the Middle East published by Freedom House in 2010 (Unit A). This is a periodic report published by Freedom house, which monitors the development of women’s rights across the Middle East and North Africa. The second piece of material is a the TV report Role and status of women in the Iranian society by Press TV made in 2011 which is an Iranian state owned TV Station which broadcasts internationally in English (Unit B). Both reports give account on the changes women’s rights have undergone in Iran pre and post the Islamic revolution, cover the sub-topics selected in our research question but present two competing narratives on the same case.

Empirical Analysis

In breaking down the discourse the methodological tools of quantification rhetoric, rhetorical detail, and interpretive repertoires will be employed.

Unit A (Women’s Rights Report 2010- Iran, Freedom House)
Pre/Post Revolution

In the paragraphs detailing the actions of the Pahlavi Dynasty two repertoires are employed, an oppressive repertoire and a modernizing one as well as an extreme case formulation. The oppressive repertoire can be seen in the following statements; “The rapid process of uneven and autocratic modernization and Westernization under the Pahlavi shahs alienated many“. While the oppressive repertoire is present in the statement “continuous pressure from women’s groups led to government reforms concerning women’s education, employment, suffrage, and family law under the Pahlavi dynasty” the terms “reform”, and “suffrage” signal modernization. An example of an extreme case formulation is found in use of the word “many” in referencing to those alienated.

The description of the Islamic revolution reveals both interpretive repertoires and cases of extreme formulation. The repertoire identified here is an oppressive one. This repertoire is evident in the following statements; “the Islamic Republic brought many negative changes to women’s rights and personal freedoms. Sex segregation and compulsory veiling, discrimination in penal and civil codes, and setbacks in personal status and family law further institutionalized patriarchal gender relations and cultural attitudes” and “under the Islamic Republic in the 1980s, the few significant progressive reforms of the Pahlavi era, such as those made to the family law in the 1960s and 70s, were repealed, and both the family law and the penal code regressed to match their condition in the 1930s and 40s”. The key words that build this repertoire are “negative”, “compulsory”, “discrimination”, “setbacks”, “patriarchal” and “regressed”. We also find an example of an extreme case formulation in terms “many negative” and “the few significant”.

Family Law

Using the devices that rhetorical detail and interpretive repertoires has to offer, the Freedom House report emphasizes the different articles of the Iranian constitution in order to create the narrative that defines and determines women’s role in the Iranian society.

For instance, when presenting Article 21 it suggest that the role of motherhood is argued to be the highest of women’s responsibilities and the most rewarded, and implying that this task belongs uniquely to women in Iranian society. As stated “The preamble of Article 21 glorify motherhood and the family as ‘the foundation of society” and “is accepted it as the most profound responsibility in the Muslim viewpoint and therefore be accorded the highest value and generosity.” In addition, the report points out that Article 21 calls “for the government to grant child custody only to worthy mothers, and only in the absence of a lawful guardian”. The portrayal of women in relation to marriage and divorce in Iran is stated through the permissions attributed to males in article 630 were “A man is allowed to murder his wife and her lover if he catches them having consensual sex. If the wife is being raped, he may only murder the man” however, “A married man is legally allowed to engage in affairs under temporary marriage as many times as he wishes, whereas a married woman can be stoned to death or murdered in an ‘honor killing’ for participating in a similar relationship”

When describing article 20 which states “ all citizens of the nation, whether man or women are equally protected by the law. The also enjoy human political, economic, and cultural rights according to Islamic standards”, the report suggests that the “language carefully avoids a guarantee of equal rights for women” through the qualifier of “ Islamic standards”, which they claim, “ effectively limits women’s rights to those available under Shari’a”.

When describing both articles extreme case formulations are employed through these key words and terms; “glorify”, “most profound”, “highest value”, “as many times as he wishes”, “carefully avoids” and “effectively limits”

The report employs an Inequality repertoire in regards to the female sex. This is evident in stressing the tasks of “motherhood” as women’s responsibility, the subordination implied by ranking “worthy mothers” and “lawful guardian”, the discrepancies in punishment over adultery, and the “Islamic standards” limiting women’s rights in article 20. Other examples of that appear in the report include the words; “abusive”, “unhappy”, “retrograde”, “intolerant”, “detrimental”, “oppressive”, “suppressive”, “repressive” and “discriminatory”.

Employment & Education

Employment and Education matters portray significant and positive changes relating to the periods between the early 90’s and 21 century where gender political reforms in relation to a ‘modern Iran’ were generated and advanced the situation of women. Regardless of these achievements, woman’s exercise of rights remains low according to the statistics shown and delivered by Freedom House’s report.

The following rates are employed to illustrate women performances in employment issues in Iran. “The female labor-force participation rate is 12.6 percent in urban areas and 12.3 percent in rural areas, for an overall female LFP of 12.5 percent, compared with 66.1 percent for men”. As well as in employment, advances in literacy represent a success for women’s situation in Iran, 77 percent women population are literate in relation to 87 percent of men’s population”. However, new laws regulating behavior and attitudes reproduce effects in women’s situation that obscure what education has achieved. For instance, in regards to unfair, and sex-segregated distribution of university facilities and resources on different campuses, such as dormitories, food courts, and libraries, result in dampened morale and a sense of marginalization among female students

Unit B (Women in Iran Today 2011, Press TV)
Pre/Post Revolution

The two repertoires that prevail in describing the Pahlavi monarchy are that of Oppression and Bourgeoisie while the repertoire prevalent in the description of the Islamic Revolution is that of reform. The following are examples of how certain words are used and fit into each repertoire:
When describing women’s right during the Pahlavi dynasty it is stated that “the government decided women should adopt a more active role in society, but the way they went about making that happen wasn’t at all palatable for Iranian society of the time”. The government is also described as implanting the following regulations “ the chador and face veil were banned. Consequently women who didn’t want to have their chador pulled off their head in the street were forced to stay home” while also stating that “western ways were imposed” and “without much consideration for Iranian culture and traditions”. Another example is the statement “ before the Islamic revolution the woman’s role was limited to looking after the children and housekeeping”

The words “palatable”, “banned”, “pulled”, “imposed”, and “limited”, used to describe the actions of the Pahlavi Dynasty reflect forms of coercion and force and therefore are consistent with the classification in an oppressive repertoire.

Several statements indicate the relation between women’s rights and class in the Pahlavi dynasty. The report mentions” the socially active women of the time were all in someway connected to the monarchy”, that education for girls was “more in big cities than in rural areas”, and as one commentator puts its “in the old days active women were those who were active in the royal court, or were in some way connected to the royal family”.
The repertoire identified in the reports description of the role of women during Islamic revolution is dichotomous to the ones used in relation to the Pahlavi Dynasty. Here the repertoires of reform is the overarching theme and is exemplified in the following; In describing the period of the revolution it is stated that “it was during the Islamic revolution that women of all ages and levels of society found their political voice” and that “women started demanding more rights and challenging the male dominated society they lived in” and that subsequently “after the revolution the woman’s role in society was redefined” and “the new constitution declared women and men to be equal and equally deserving of legal support”. The key words and statements; “demanding more rights”, “challenging, redefined”, and “declared women and men to be equal”.

Family law
The methodological tool that is used for this topic in this report is the search for rhetorical detail devices, which include extreme case formulations and ambiguity. The following is a statement regarding the legal status of women in relation to their family; “An unmarried woman is entitled to her father’s full support and after marriage to her husband’s total support. If she does work and receives inheritance her money is her own and she is not obliged to share her wealth with her husband or help pay the bills. All that is on the man’s shoulders and is a religious duty”. Here certain words and statements are important to highlight due to their ambiguous nature and how they frame the discourse. These include the words “entitled”, “support”, and “duty”. Examples of extreme case formulations are the use of “full support” and “total support”

We also find extreme case formulations in reference to citizenship laws relating to women from a commentator in the report. When explaining the issue of women’s citizenship and children’s nationality it is stated, “a woman’s Iranian nationality has no effect on her child. Be it in matters to do with blood or soil. This is very surprising because there’s even an article for foreign women born in Iran ". Here the term “very surprising” is an example of an extreme case formulation

When describing the equality of women and men under the law rhetorical ambiguity is employed in the following statements; “The new constitution declared women and men to be equal and equally deserving of legal support. Article 20 of the Iranian constitution says: The entire nation, both men and women, are protected equally by the law. They are both entitled to all their human, political, financial, social, and cultural rights, as defined by Islamic teachings”. The terms used that employ this rhetorical device are “equally deserving of legal support” and the add-on “as defined by Islamic teaching”.

Education and Employment

The use of quantification rhetoric is extensively used for education and employment indices. In topic of education the report states, “80% of Iranian women are literate, 48% of the country’s school children are girls. 65% of university students are women as are 30% of the country’s university professors”.

The report also mentioned employment indicators in the statements, “45% of Iran’s workingwomen have desk jobs (services), 29% work in agriculture, and 25% work in industry)

The rhetorical device used is that of extreme case formulations which is employed in the description of the status of women in education and employment. In the description on education Iranian women are reportedly “ steaming ahead” and is also stated “to have only a high school diploma is considered a come down for any Iranian girl. To hold her head high in the family and society anything less than a bachelor’s degree is unacceptable”. Later describing the male reaction to this development it is stated “ the male dominated society of old has taken all this on board”. In relation to women and employment the report states “the Iranian workforce has been flooded by young ladies with degrees in hand and the thirst for a career.” The extreme case formulations here are in the terms “steaming ahead”, “anything less”, “taken all this on board”, “flooded by”, and “thirst for”.

An interpretive repertoire also emerges from both topics of education and employment in the report and can be defined as a family repertoire. When describing women education it is stressed that achieving a bachelor’s degree is to “hold her head high in the family and society”. Several statements by commentators suggest the prevalence of this repertoire when examining work and family, examples of which are; if a woman commits herself to work “naturally she won’t be able to look after her children or husband or make plans together”, “a good woman is one that is a good homemaker and wife first of all and then is an active member of society”, and “being a mother above all else, because there is nothing more pleasurable than motherhood”.

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