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15 - Reparations Law

Redress Bias?

Published online by Cambridge University Press:  05 June 2012

Justin D. Levinson
Affiliation:
University of Hawaii, School of Law
Robert J. Smith
Affiliation:
University of North Carolina, School of Law
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Summary

As a widow, I have nothing. I lost my house, my animals, all my possessions.…I have found no work, my mind is full of [negative] thoughts. I ask my leaders to open their eyes and see my suffering.

Because of the inadequacies of the reparation process, the limitations of the reparations themselves, and the problems facing the rebuilding of South Africa, many women remain unhappy and less than fully “repaired.”

Introduction

Redress initiatives mark the global landscape. Governments faced with historic racial and gender injustice are attempting to build bridges from the past into the future by healing peoples’ persisting wounds and repairing lingering damage to society. Nations worldwide – South Africa, Canada, Peru, Guatemala, Chile, El Salvador, Timor-Leste, Argentina, Cambodia, Rwanda, and Sierra Leone – embark on far-reaching reparatory initiatives in the wake of systemic violence or long-term mistreatment of racial communities or indigenous peoples. Within the United States, African Americans, Native Americans, Native Hawaiians, Japanese, Latin Americans, Latino “Bracero” itinerant farm workers, Filipino U.S. World War II veterans, and indigenous Chamorus of the U.S. territory of Guam assert claims for reparatory justice.

These redress initiatives are salutary. They speak to the heart of a democracy's commitment to human rights and a fundamentally just society. Yet, as illuminated by the epigraph, something significant is often missing. Some, perhaps many, initiatives overlook key aspects of the larger injustice they ostensibly endeavor to redress – harms that are specific to women or women of color who are asking us to “open [our] eyes and see my suffering.” This chapter explores – and suggests further study of – one likely reason for this at least partial absence in the redress realm: implicit biases with deep cultural roots. Many redress policymakers and frontline advocates seem to treat women's and women of color's unique harms as of lesser consequence and therefore as less worthy (or unworthy) of repair. To illustrate, despite decades of extensive sexual violence during hostilities, the United Nations Security Council only recently characterized the mass rape of women as a crime against humanity warranting redress.

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Publisher: Cambridge University Press
Print publication year: 2012

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References

Wandita, GaluhLearning to Engender Reparations in Timor-Leste: Reaching out to Female Victims 284 2006
2006
Yamamoto, Eric KObrey, Ashley KaiaoReframing Redress: A “Social Healing Through Justice” Approach to United States–Native Hawaiian and Japan-Ainu Reconciliation Initiatives 16 2009
2010
Cahn, NaomiReturning Home: Women in Post-Conflict Societies 39 2010
Kaufman, James C.In the Eye of the Beholder: Differences Across Ethnicity and Gender in Evaluating Creative Work 40 2010
Yoon, Carol KaesukFamilies Emerge as Silent Victims of Tuskegee Syphilis Experiments 457 2000
2009
Clinton, William J.http://clinton4.nara.gov/New/Remarks/Fri/19970516-898.html 2011
Hensley, Scott 2010
Graybill, LynThe Contribution of the Truth and Reconciliation Commission Toward the Promotion of Women's Rights in South Africa 24 2001
2010
2011
Rubio-Marin, Ruth 2008
2010
2010
2009
Yamamoto, Eric KMackintosh, BrianRedress and Salience of Economic Justice 10 2010
Krieger, Linda HamiltonThe Content of Our Categories: A Cognitive Bias Approach to Discrimination and Equal Opportunity Employment 47 1995
Kang, JerryTrojan Horses of Race 2005
Lawrence III, Charles R.The Id, The Ego, and Equal Protection: Reckoning with Unconscious Racism 39 1987
Mitchell, GregoryTetlock, Philip E.Antidiscrimination Law and the Perils of Misunderstanding 67 2006
Tajfel, HenriSocial Categorization and Intergroup Behaviour 1 1971
Tajfel, HenriExperiments in Intergroup Discrimination 223 1970
Fiske, Susan T.What's in a Category? Responsibility, Intent, and the Avoidability of Bias against Outgroups 127 2004
Jost, John T.Banaji, Mahzarin R.The Role of Stereotyping in System Justification and the Production of False Consciousness 33 1994
Szymanski, Dawn M.Stewart, Destin N.Racism and Sexism as Correlates of African American Women's Psychological Distress 63 2010
Bearman, SteveThe Fabric of Internalized Sexism 1 2009
Sharp, Elizabeth A.Reflections from the Trenches: Our Development as Feminist Teachers 28 2007
Levinson, Justin D.Forgotten Racial Equality: Implicit Bias, Decisionmaking, and Misremembering 57 2007
Rudman, Laurie A.Minority Members’ Implicit Attitudes: Automatic Ingroup Bias as a Function of Group Status 20 2002
Greenwald, Anthony G.Farnham, Shelly D.Using the Implicit Association Test to Measure Self-Esteem and Self-Concept 79 2000
Glick, PeterFiske, Susan T.Sexism and Other “Isms”: Interdependence, Status, and the Ambivalent Content of Stereotypes 193 1999
Glick, PeterFiske, Susan T.The Ambivalent Sexism Inventory: Differentiating Hostile and Benevolent Sexism 70 1996
Bridgewater, Pamela D.Recent Developments: Ain't I a Slave: Slavery, Reproductive Abuse, and Reparations 14 2005
Harris, AngelaRace and Essentialism in Feminist Legal Theory 42 1990
Matsuda, Mari J.When the First Quail Calls: Multiple Consciousness as Jurisprudential Method 14 1992
Crenshaw, KimberleDemarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics 142 1989
Romany, CelinaThemes for a Conversation on Race and Gender in International Human Rights Law 53 2000
Hutchinson, Darren LenardIdentity Crisis: “Intersectionality,” “Multidimensionality,” and the Development of an Adequate Theory of Subordination 6 2001
1999
Smith, Carol A.Race-Class-Gender Ideology in Guatemala: Modern and Anti-Modern Forms 37 1995
1999
McCrae, C. NeilThe Dissection of Selection in Perception: Inhibitory Processes in Social Stereotyping 69 1995
Stagnor, CharlesCategorization of Individuals on the Basis of Multiple Social Features 62 1992
Urban, Lynn M.Miller, NormanA Theoretical Analysis of Crossed-Categorization Effects: A Meta-Analysis 74 1998
Hutchinson, Darren LenardIgnoring the Sexualization of Race: Heteronormativity, Critical Race Theory and Anti-Racist Politics 47 1999
1991
Carpenter, Siri 2008
Econ, U.N.Council, Soc 1996
Sonen, Michele Park 2002
Luping, DianneInvestigation and Prosecution of Sexual and Gender-Based Crimes Before International Criminal Courts 17 2009
2005
Ling, L. H. M.Sex Machine: Global Hypermasculinity and Images of the Asian Woman in Modernity 7 1999
Hanochi, SeikoJapan and the Global Sex Industry, in 137 2001
Dasgupta, NilanjanaAsgari, ShaktiSeeing Is Believing: Exposure to Counterstereotypic Women Leaders and Its Effect on the Malleability of Automatic Gender Stereotyping 40 2004
Kang, JerryBanaji, Mahzarin R.Fair Measures: A Behavioral Realist Revision of “Affirmative Action 94 2006

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