Blog: Gender Equality
May 20, 2020
Posted by Jessica Sawadogo JD ’21
As researchers learn more about coronavirus and the way it impacts us all, they’ve revealed a few key differences along gendered lines. Slightly more women than men may be getting COVID-19, but more men are dying from the virus. Women, on the other hand, are more economically vulnerable from the financial fallout of the novel coronavirus. This difference takes on a new meaning as the world braces itself for an impending recession.
The New York Times’ bi-weekly newsletter on gender and society recently reported a sobering fact: that the economic fallout from the coronavirus will have a “disproportionate negative effect on women.” The newsletter examines the results of a study from researchers at Northwestern University, the University of Mannheim in Germany and the University of California, San Diego, which found that the economic downturn will result in worse economic outcomes for women than for men and that the disparity from this crisis will be even worse than in previous recessions. The differences are attributed to women’s disproportionate representation in jobs that have been most affected by the global shutdown, like those in the restaurant and travel sector, for example. In addition, because women are often responsible for childcare, those who are able to work from home will see an increase in their overall workload with reduced availability for remunerated work.Continue Reading…
December 4, 2019
In the classroom, Clinical Professor Susan Farbstein JD ’04 encourages students to develop personal leadership styles
By Dana Walters
Susan Farbstein JD ’04, clinical professor of law and co-director of the International Human Rights Clinic (IHRC), stands with chalk in hand under a blackboard bearing the word “inspirational.” For the third session of “Human Rights Careers: Strategic Leadership Workshop,” Farbstein has kicked off the discussion by asking students to identify qualities of effective leaders. Adjectives like “empathetic” and “selfless” are enthusiastically shouted across the room.
Throughout the conversation, students are outspoken about considering words like “nurturing”—often traditionally associated with women—along with words like “assertive” and “decisive”—characteristics traditionally coded as masculine, according to “What Makes a Leader?”, an article assigned for class that day. With Farbstein at the helm, the seminar aims to accomplish two goals: to explore the strategic considerations critical to protecting and promoting human rights across the globe, and to investigate the barriers that women face in professional settings, especially in the human rights field.
“The further along I’ve advanced in my profession, the more I’ve become aware of the ways that one’s identity can be both a huge benefit and a huge obstacle,” Farbstein said. Over a 15-year career, she has practiced and taught in the areas of transitional justice, accountability litigation, community lawyering, and economic, social, and cultural rights. Now after working her way into a leadership position at Harvard Law School, she is “trying to make a small intervention for a necessary discussion,” she says. “I want to create space for a conversation that I wish had been taking place more often when I was in law school.”
Alongside Salomé Gómez Upegui LL.M. ’18 and current S.J.D. student Regina Larrea Maccise, Farbstein curated materials on women’s leadership and considered how this topic might be integrated into existing elements of an International Human Rights Clinic seminar, “Advanced Skills Training for Human Rights Advocacy.” Farbstein previously co-taught the class with Tyler Giannini, Human Rights Program and clinic co-director and clinical professor of law. Scenarios and readings in the seminar enable students to target entrenched, structural challenges—inequality, corporate power, climate change—as they prepare to enter the workplace after graduation. The seminar has changed frequently over the years, with students’ interests informing the direction of the class. Throughout, Farbstein and Giannini have always asked students to consider leadership and its interaction with identity.
Over the last year, however, Farbstein realized that she wanted to focus more deeply on the issue of women’s leadership. “It’s so clear from a variety of recent events and public conversations—around unconscious bias, the #MeToo movement, the Kavanaugh hearings, the electability of a woman as president—that we’re struggling with how to achieve true gender parity in our society, including in the workplace,” said Farbstein. “I wanted to do something to respond to this particular moment by bringing those conversations very thoughtfully and intentionally into the classroom and into a field—human rights—where my students aspire to build their careers.”
For the third session of “Human Rights Careers: Strategic Leadership Workshop,” Farbstein kicked off the discussion by asking students to identify qualities of effective leaders.
Farbstein worked with Gómez Upegui and Larrea Maccise to develop four new sessions for the advanced seminar. An introductory session frames the idea of women’s leadership using an intersectional lens, while later classes dissect themes like workplace culture, bias and stereotypes, harassment, and microaggressions within institutional and human rights contexts.
In the first of these four new sessions, Farbstein assigned readings that address the grim statistics around harassment, diversity, and bias. McKinsey’s 2018 Women in the Workplace review, for instance, describes how microaggressions impact a woman’s ability to function in the workplace, with 40 percent of black women surveyed indicating that colleagues routinely question their judgment in their areas of expertise. A Forbes piece on the widespread gender bias faced by female lawyers notes that male law firm partners earn 44 percent more than female partners and that women are more likely to be interrupted when speaking, including at the Supreme Court, where nearly 66 percent of all interruptions are directed at the three female justices.
“To be a working woman is always an act of rebellion,” said Fabiola Alvelais JD ’20 in response, reflecting on the ways the system simply fails to support professional women.
Beyond exposing the sheer scale of the problem, the statistics serve an additional purpose: They allow Farbstein to engage with her class’s needs and approach the material flexibly, depending on students’ comfort levels. “If they need to stay at a general and abstract level, the numbers are there for them to discuss and reflect on. And if they are comfortable going deeper, which they have been, it gives students who have experienced or encountered gender discrimination in some form the feeling that they’re not the only one out there,” Farbstein said. The statistics hold personal stories within them.
Farbstein’s classroom has a casual intimacy. In part, this is a result of the relaxed tone that she sets and the deep bonds that she develops with her students. The International Human Rights Clinic itself has a community-oriented spirit, and students in the advanced seminar have all spent at least one, and often several, prior semesters together, working on clinical teams or in introductory advocacy seminars.
Student Monica Sharma JD ’20 echoed many of the same words her classmates used to define good leadership when asked to describe Farbstein, in particular noting the way she actively listens to students and lets discussions evolve naturally. Sharma described the advanced seminar as unique, a place where one can formally “consider your power as a Harvard student or as a lawyer.” The discussion, while academic, is inclusive and comfortable, allowing students to draw on their own experiences as well as the readings.
“When you’re talking about ethics or morality, personal narrative comes into play,” Sharma said. “We like to dissociate the law from human experience in a lot of ways, but this class helps you to confront both as they exist in reality and in your work.”
Early in the semester, student Daniel Moubayed JD ’20 had already found it personally enriching to be brought into the conversation on women’s leadership. “Too often those conversations happen in informal environments. It’s critical that we’re doing this inside the classroom and in a professional setting with a cross section of students,” he said.
In her own teaching, Farbstein seamlessly integrates legal expertise with lived experience. She recognizes that students are not blank slates: they have histories and subjective perspectives that contribute to the debate.
“Part of being a good human rights practitioner is sometimes being vulnerable, drawing on your own life experiences without prejudging the experiences of others, and engaging with the emotions that people carry with them,” Farbstein said. She added, “It’s good practice for students to consider: what is your comfort level when you start to enter this kind of territory?”
For Gómez Upegui, the work she did with Farbstein demonstrated how endemic and culturally rooted the difficulties are, creating situations in which women are dispersed across organizations, lack support networks, and are isolated as they attempt to confront significant challenges.
Still, the breadth of research did not adequately address the marginalization Gómez Upegui, who is Colombian, has witnessed in the legal and human rights fields. “There’s a tremendous lack of intersectional content out there,” she said. “We found endless amounts of work in the business sector and much in the corporate law sector within a white feminist context. Once we narrowed to look at the human rights and social justice fields, the literature winnowed. And we had to fight to find research addressing the lives of women of color or women of low socioeconomic status.”
In addition to the seminar, Farbstein is leading a project in the clinic that investigates gender equity in the human rights field. The team aims to unpack the barriers women human rights advocates face in their professional advancement. Over the course of the year, they will interview a variety of practitioners to provide qualitative evidence to support their findings.
Sharma, who is also a member of Farbstein’s project team, said that engaging with the movement on a self-referential level was vital. She noted that the way lawyers jump to find remedies can often lead to institutional and systemic problems.
Reflecting on the larger importance of the clinical project, Sharma said, “Sometimes in human rights, there is an idea that you sacrifice yourself to the work. Things get lost in the drive to fulfill the mission. It’s important to take a good look and ask, ‘Do organizations practice as they preach?’ I really believe that if you make an atmosphere supportive and encourage diversity of thought, then the work itself will be better.”
The clinical team has already identified factors that may impede gender equity in the human rights field—from the tightly-knit network of practitioners and organizations, to the notion that this is already a progressive space, to a mission-driven “martyr” culture that fosters a sense of selfless dedication to the cause. These initial ideas have, in turn, found their way into the classroom as students consider such obstacles as well as potential strategies to overcome them.
Farbstein hopes that her seminar will help students imagine the kinds of leaders they want to become. “Human rights practitioners talk a lot about how to make the movement more effective and inclusive, but this class is a very concrete step in the right direction,” she said. “These students are each going to be leaders in their own way, and I can already see our conversations informing their decisions and actions. Hopefully they will be inspired, and also better equipped, to create more opportunities for women leaders in human rights, and in the legal profession more broadly.”
You can also read this piece on Harvard Law Today, published December 3rd, 2019.
March 29, 2019
Posted by Thomas Becker JD'08, Julia Wenck JD'20, and Fabiola Alvelais JD'20
For women, Bolivia is a land of paradoxes. The Bolivian government has enacted some of the world’s most progressive legislation to advance women’s rights. It was one of the first countries to criminalize femicide − the killing of women because they are women – and maintains strict protocols to combat gender violence. Yet despite these efforts, violence against women remains a pervasive problem. Bolivia’s femicide rate is the second highest in South America and one of the highest in the world.
In April 2018, Mujeres Creando, a Bolivian feminist collective, asked the International Human Rights Clinic to examine femicide in Bolivia. Throughout this academic year, clinical students Fabiola Alvelais JD ’20, Isabel Pitaro JD ’20, and Julia Wenck JD ’20 have worked on this issue under the supervision of Clinical Instructor Thomas Becker JD ’08, conducting extensive desk research and traveling to Bolivia to interview families of femicide victims, activists, and government officials involved in the investigation and adjudication of femicide cases.
Last Friday, the Clinic released its report, “ ‘No Justice for Me’: Femicide and Impunity in Bolivia.” Becker and Alvelais presented the report at the Universidad Mayor de San Andrés in La Paz. Family members of femicide victims, academics, and the former Human Rights Ombudsman of Bolivia (and current Chancellor of the University) participated in the presentation before an overflow crowd of roughly one thousand people.
“No Justice for Me” identifies three key areas that have hindered the government’s efforts to prevent femicide and hold perpetrators accountable: (1) investigative barriers, (2) judicial barriers, and (3) institutional discrimination. The report calls on actors in the Bolivian government and civil society to address these obstacles, adhere to the country’s own progressive legislation on femicide, and work together to address the pervasiveness of femicide and impunity in the country.
Helen Alvarez, whose daughter Andrea Aramayo was killed by her boyfriend in 2015, was interviewed for the report and remains concerned about the prevalence of femicide. “All women can be victims of femicide in Bolivia,” she noted. “Unfortunately, impunity sends a signal to men that they can get away with killing women.”
Though Alvarez recognizes that preventing femicide and holding perpetrators accountable will continue to be difficult, she is hopeful that the Clinic’s report can be a powerful tool in this struggle and ultimately bring her daughter’s case one step closer to justice.
The clinical team shared its report with the public, conducting dozens of radio, print, and television interviews. “I was genuinely moved by the widespread interest in battling femicide in Bolivia,” Alvelais reflected.
Becker and Alvelais also met with high level members of the Bolivian government, including the President of the Senate, the Vice-President of Congress, the President of the Justice Commission of Congress, and the Director General of the Plurinational Service for Women and Depatriarchalization, to discuss the report.
To Becker, these meetings signaled a sincere effort to confront the problem of femicide. “We had a unique opportunity to sit down with members of the government, who showed a genuine interest in collaborating to eradicate femicide in the country,” he explained. “We are optimistic about the possibilities for meaningful change.”
March 19, 2019
The International Human Rights Clinic at Harvard Law School seeks an experienced practitioner for a consultancy to support an exciting new women’s leadership initiative. The purpose of this new initiative is to innovate and experiment with programming and training that: (1) better prepares women graduates of our Clinic to become successful leaders in human rights, thereby increasing the share of leadership positions in human rights that are occupied by women, and (2) better prepares all graduates of our Clinic to engage with tough questions and conversations around gender, equity, and leadership in the workplace.
Although the Clinic has historically worked on numerous women’s rights issues, we have not grappled with how to best develop our own students into leaders who can advance workplace equity and improve workplace culture. This initiative will examine the role of women as leaders in the human rights movement to date—both their successes and challenges—and will also seek to build students’ leadership skills, support the Clinic as an environment that nurtures women’s achievement, and engage human rights organizations and institutions to better enable women to fulfill their potential. Continue Reading…
October 29, 2018
This month, the Musawah Movement for Equality in the Muslim Family submitted a thematic report to the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) Committee advocating for codification of family law provisions to protect the rights of Muslim women in Mauritius. International Human Rights Clinic students Samantha Lint JD’20 and Natalie McCauley JD’19 contributed to drafting the report and developing its legal recommendations, working in close collaboration with Mauritian attorney and family law expert, Narghis Bundhun.
As the report notes, a major cause of the lack of rights protection and inequality for Muslim women in Mauritius is the absence of a clear legal framework that protects rights in the context of religious marriages. The report highlights this legal ambiguity and key resulting inequalities that harm Muslim Mauritian women and in turn damage families, communities, and society as a whole. The report encourages the State of Mauritius to leverage its robust framework of diversity and inclusion to promote equality for Muslim women and take concrete steps to ensure all women in Mauritius enjoy full legal protection.
The report will be considered by the CEDAW Committee in its Constructive Dialogue with the Government of Mauritius. Today, Monday, October 29, the IHRC team has joined Musawah in Geneva, Switzerland, where the session and associated Committee briefings are now taking place. Tune in to the #CEDAW71 Constructive Dialogue starting tomorrow (10:00 a.m. – 5:30 p.m. CET) and follow Musawah on Twitter for updates. Watch live at http://webtv.un.org/…/71st-session-committee-…/5723840293001.
February 21, 2018
Thursday, February 22, 2018
Russia’s “Gay Propaganda Law” and LGBTQ Rights
11:45 a.m.- 12:45 p.m.
Lunch will be served.
Please join us for a talk with Melissa Hooper, Director of Human Rights and Civil Society at Human Rights First, on Russia’s global efforts to promote “traditional values” that curtail the rights of LGBTQ people. This agenda is demonstrated in the “gay propaganda law” which penalizes those who share ideas about the equal value of same-sex relationships to children. In addition, Russia has advocated for U.N. resolutions, and supported legislatures in other countries to pass laws that favor “family values” over the human rights of LGBTQ, women, and others. This talk will also consider how U.S. actors are supporting Russia to advance these policies.
This event is co-sponsored by HLS Advocates for Human Rights, the Harvard Human Rights Journal, and HLS Lambda.
September 27, 2017
Thursday, September 28, 2017
“Rights, Action, and Accountability: Tackling Gender-Based Violence and HIV in Southern Africa”
A talk by Dean Peacock, Executive Director, Sonke Gender Justice
12:00 – 1:00 p.m.
Lunch will be served
Please join us for a talk by Dean Peacock, Co-Founder and Executive Director of Sonke Gender Justice, an award winning South African NGO working across Africa to prevent gender-based violence, reduce the spread and impact of HIV and AIDS, and promote human rights. Dean is a visiting scholar at the University of California, San Francisco Center for AIDS Prevention Studies and is an honorary senior lecturer at University of Cape Town’s School of Public Health. He is an internationally recognized expert on masculinities and serves on many advisory boards, including the Nobel Women’s Initiative Campaign to Stop Rape and Domestic Violence in Conflict, and was a member of the U.N. Secretary General’s Network of Men Leaders.
April 12, 2017
We’re very pleased to bring you two compelling events tomorrow, Thursday, April 13, 2017. Please see below.
“The treadmill to somewhere: The experience of a Judge at the European Court of Human Rights”
12:00- 1:00 p.m.
Lunch will be provided
Please join us for a talk by Prof. Dr. iur. Helen Keller, currently a judge of the European Court of Human Rights, who will reflect on the challenges and achievements of serving on the world’s most advanced – and overworked – international human rights court. Judge Keller is also a professor of law at the University of Zurich, a leading scholar of human rights law, and a former member of the UN Human Rights Committee.
“Private Revolutions: Young, Female, Egyptian”
5:00- 7:00 p.m.
Please join us for a screening of “Private Revolutions: Young, Female, Egyptian”, a documentary that chronicles over two years the lives of four young Egyptian women from various social backgrounds who are fighting for their rights and for change after the revolution. The director of the film, Alexandria Schneider, will join us afterwards for a discussion and Q & A.
The screening is the last in a film series presented by Islamic Legal Studies: Law and Social Change about women, rights, and activism in the Muslim world. HRP is co-sponsoring the series, which showcases films that highlight women’s struggles, conflicts, and triumphs across the region.
April 7, 2017
Because we believe that every month should include an International Women’s Day, we’re celebrating it again this month by sharing videos from last month’s official celebration at HLS. Either that, or we got caught up in other things around the Human Rights Program and neglected to post these videos in a timely manner.
If you visit our account on YouTube, you’ll find the following powerful testimonies offered by: Doris Rena-Landaveirde, union leader and member of the HLS custodial staff; our very own Susan Farbstein, Co-Director, International Human Rights Clinic; Aparna Gokhale, JD ’17; Radhika Chitkara, LLM ’17; . and Esme Caramello, Faculty Director, Harvard Legal Aid Bureau. Deborah Anker, Director, Harvard Immigration and Refugee Clinical Program, also spoke but unfortunately we’re missing that video.
Thanks to the powerhouse women below- Yee Htun, Clinical Advocacy Fellow; Anna Crowe, Clinical Instructor; and Emily Nagisa Keehn, Assistant Director of the Academic Program- for organizing this event that drew more than 100 students, staff and faculty to Belinda Hall on March 8. Thanks also to the women who stood in front of that community and inspired and energized us with their words. And thanks finally to all the women we know- and the billions we do not- who have pushed for change, in whatever way they can, so that we are stronger and more secure and ready to push for MORE.
March 27, 2017
“What Islam, whose Islam?:
The struggle for women’s right to justice and equality in Muslim contexts”
A talk by Zainah Anwar, Co-Founder and Executive Director, Musawah
12:00 – 1:00 p.m.
Please join us for a talk by Zainah Anwar, of Musawah, who will speak on the challenges faced by women’s groups living in Muslim contexts and their struggle to reform laws and practices made in the name of Islam that discriminate against women. She will share the initiatives of activists and scholars who are engaged in the production of new feminist and rights-based knowledge in Islam, and their efforts at creating a public voice at the national and international levels, pushing for the possibility and necessity of reform to uphold the principles of equality and justice.