I.7 Theoretical Framework
I.7.5 Patriarchy
23 I.7.4 State's Responsibility to International Human Rights Law
24 The hierarchical and unequal circumstances which men control everything over women includes sexuality, reproduction, and production become the system of power relations in which as the basis of patriarchy (Ray, 2014).
There are various definitions of patriarchy, however, historically, the terms of ‘patriarchy’ means that, "the rule of the father or the ‘patriarch’, it aims to describe a male-dominated family. For instance, the large household of the patriarch which included women, junior men, children, slaves, and domestic servants all under the rule of this dominant male." (Abeda Sultana, 2011). However, the definition has been shifted into more the male domination. Thus, nowadays, the terms of ‘patriarchy’ is more generally used, “To refer to male domination, to the power relationships by which men dominate women, and to characterize a system whereby women are kept subordinate in a number of ways.” (Abeda Sultana, 2011)
"Patriarchy, in its wider definition, means the manifestation and institutionalization of male dominance over women and children in the family and the extension of male dominance over women in society in general." (Abeda Sultana, 2011)
“It implies that “men hold power in all the important institutions of society” and that “women are deprived of access to such power”. However, it does not imply that “women are either totally powerless or totally deprived of rights, influence, and resources.” (Abeda Sultana, 2011)
Furthermore, feminists are the one who notices and aware at first regarding patriarchal control which they do believe that patriarchy is not biological determined instead it was socially constructed same as gender socialization.
“Feminism is an awareness of patriarchal control, exploitation, and oppression at the material and ideological levels of women’s labor, fertility, and sexuality, in the family, at the place of work and in society in general, and conscious action by women and men to transform the present situation.”
(Ray, 2014)
25 As within feminism has divided into several perspectives in which each perspective may be different from one to another, for instance, radical feminism.
“Radical feminism is distinguished by its analysis of gender inequality in which men as a group dominate women a group and are the main beneficiaries of the subordination of women.”
(Walby, 1991)
Walby also emphasizes that male violence against women is considered to be part of a system of controlling women which include sexual violence (Walby, 1991).
“Sexual practice is seen to be socially constructed around male notions of desire, not women’s. Further, sexuality is seen as a major site of male domination over women, through which men impose their notion of femininity on women.” (Walby, 1991)
In regards to the case of SOAC in South Africa, the patriarchal concept was culturally and socially constructed since long time ago within the tradition which was implemented well in a family. In most of the cases, the perpetrator is the victims’ relative (father, uncle, etc) which are categorized as men. Their motives are basically the male domination over women and children in which they have the power to do so.
26 Social Constructivism
1.7.6 Research Framework
Figure I.7.5.1 Research Framework
Source: Made by Muhamad Rizki Nugraha Darma Nagara Human Right as Universal
concept IHRL
Child Sexual Abuse (SOAC) in South Africa
(Violation of IHRL)
SOAC is widely happening in society
The Government of South Africa's effort in stopping SOAC and defined as Sexual Offences against Children (SOAC) which
categorized as contact crime governed in Sexual Offences and Related Matters Act
(SORMA)
Human Rights as relative concept within South
Africa (Cultural Relativism)
Patriarchy (Cultural Fault- Line)
Norms Values
The Practice of Apartheid
Norms Values
The Practice of Tradition
27 Figure I.7.5.2
The Cycle of Case
Source: Made by Muhamad Rizki Nugraha Darma Nagara
The figure I.7.5.1 (Research Framework) shown that child sexual abuse has violated the concept of human right as South Africa has ratified,
"Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR), International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), Convention on the Rights of the Child (CRC), and the Convention on the Rights of Persons with Disabilities (ICRPD) which should uphold the universality concept of human rights."
(OHCHR, n.d.) In fact, the issue of SOAC still exists which violated the UN Human Rights conventions specifically UDOHR, ICCPR, and CRC.
South Africa has integrated the IHRL into their national law which is South Africa obligation since it has binding under IHRL regarding child protection policy. The SOAC is kept doing by South African themselves by seeing the thousand case which has been reported even though the government has defined SOAC as a criminal act (contact crime). The reason why child sexual abuse is supported is basically the perception of cultural relativism and human right as a relative by the South African themselves.
It also explains how patriarchy within South African which have constructed by tradition and apartheid long time ago, the men domination over women. This creates misconception and blurred lines over sexual violence that 1. SOAC 2.Child as the victim 3.The difficulty to disclosure of the case
Patriarchy Patriarchy
28 lead to perceiving the sexual offenses against children is not a violation of human rights. Culture as a leading factor of SOAC in South Africa will be the main focus of this research.
The figure I.7.5.2 (The Cycle of SOAC) shown that research found there is a cycle how SOAC is widely happening in South Africa. First, the SOAC was caused by patriarchy. Then, the victim was having difficulty to disclosure the case after the abuse. This was caused by the oppression and threaten of power from the perpetrator which were coming from men (patriarchy).