PROGRESS OF THE WORLD'S WOMEN 2019-2020 FAMILIES IN A CHANGING WORLD2 1.1 INTRODUCTION The world over, families are @ fundamental unit of seciety, one with enormous significance for individuals tend also for economies. Itis often through family relations that people share resources such as housing ‘and income, look aftor those who are sick and frail, and reproduce, nurture and care for the next generation. Equally importantly, though less tangibly, foil life is a common site of love and affection and is pivotal for women’s and men’s sense of identity, belonging ond purpose. This is not to say that families ‘are automatically bonign or egalitarian, Nor are they isolated entities, able to sustain their members ‘without supportive communities, markets and states.’ Social ond cultural norms, laws, economic and social conditions, and public policies all contribute to and shope the rights ond responsibilities of family members -vis one another, especially those who are married or in a union, as well as intergenerationally. Individual rights, however, have historically been delivered to men as ‘heads’ of families with considerable power and control over the labour and lives of women and children, while responsibility for the care and nurturance of family mambers has been assigned to women. Gender equality requires a more equal division of both rights and responsibilities. It requires equal command of resources (e.g. income, time, caro), equal voice in family decision-making and equal recognition ‘and respect.’ This concern for equality extonds well beyond formal legal equality to encompass. substantive equality, ensuring that women can enjoy the same rights and freedoms as men Human rights principles—most notably, equality ‘and non-discrimination—provide the compass for changing laws, policies and social norms to enable ‘women’s substantive enjoyment of their rights in families, which include not only civil and political rights but also economic, social and cultural rights.” These rights are indivisible and interdependent, in the sense that civil and political rights cannot be secured without guaranteeing economic, social and cultural rights, and vice-versa. Where women have secure ‘and equal rights to family property or an income of their own, for example, they are also likely to have. greater voice in household decision-making.® ‘That said, there are limits to what families, even egalitarian ones, can do whon they are stripped of socio-economic support and a conducive normative cond risky to assume that family members can provide on Unlimited supply of care for one another, especially when much of this work continues to fall on the shoulders of women and girls.” To be able to provide care and sustenance for their members, families, require a range of inputs: decent jobs and viable livelihoods, social protection systems and public services that are accessible, affordable and meet quality standards. Without such inputs, those who ore privileged will transmit their privileges to their children, while othors, despite their best efforts, will face an uphill struggle. Creating societies where everyone's rights can be realized requires collective action, not least the responsibility for everyone to pay their fair share of taxes in order to finance and build inclusive public services, infrastructure and social Protection systems. In the absence of such solidaristic systems, families become a key transmitter of inequality from one generation to the next. ‘and legal environment. Iris unreal Families today are at the forefront of many challenges. They are torn apart in the midst of protracted conflicts, humanitarian crises and population movements that are increasingly regulated by migration and refugee policies that undermine family life. These shocks come on the: heels of a lingering global recession, reinforced by ‘austerity measures that have wreaked havoc on people's livelihoods and eroded some of the social Policy support that families, particularly women, received," Women and men, together or separately, ‘are compelled in many countries to leave their children behind as they migrate either domestically, to neighbouring countries or further affeld in search of @ living. In many other contexts, low earnings mean ong working hours that leave very litle time for rest ‘and care, et alone leisure and farnily life. This is theChopter overview = provide a wider perspective on the subject of families, ‘Ss chopter begins with a broad-brush account of See family systems around the world and some of the “==corent legal reforms that have weakened, though not = =radicated, their patriarchal features and practices. Secon 13 then lays out the conceptual and normative ==ring of the Report. This sees foriies as contradictory e+ for women's rights as there is both cooperation scidority and love) and conflict (inequality and violence). Walso identifies key human rights principles that can support and accelerate gender-responsive changes in Jaws and polices that botter reflect the needs of women in diverse fomilies, Section 14 highlights some of the ‘most prominent legal, socio-economic and demographic change that are impacting the achievement of gender equally, cross-referencing subsequent chapters that delve more deeply and draw policy lessons. Finally, the: chapler outlines key elements of a family-friendly policy ‘agenda with gender equality atits heart. 1.2 LOOKING BACK: PATRIARCHIES PAST AND PRESENT re family (see Box 1.1 on definitions) is an institution ‘S21 hos historically been a stronghold of patriarchy end embodied men’s social power and domination ever women. Patriarchy in its wider definition means She manifestation and institutionalization of male Seminanee over women and children in the family end the extension of male dominance over women in s2ciely in general’® I has been inscribed in laws and social norms acrass large swathes of the world during periods of state-building and Western colonization. The Napolecnic Code, Muslim personal status laws in all their diversity, the Hindu code bills and Anglo~ American common low, among others, have oll upheld men's power fo control property and their wives’ public ‘activities and to act as the legal guardians of their children. Women were obliged to obey their husbands, had limited access to divorce and, in many traditions, fewer inheritance rights than men.” The terms far ily’ and ‘housshole! are often used interchangeably but they refer to distinct entities. “The family iso universal social institution bosed on human needs and activities linked to sexuality, ceproduction and daily subsistence. Its members share a social realm defined by relations of kinship, conjugality and parenthood, Its a micracasm of productive, reproductive and distributive relations swith its very own power structure as well as strong ideological and emotional compenents. Init, there are shared or collective tasks and interests, yet its members also hove their own differentiated interests rooted in their location in productive and reproductive relations, as well os in the system of gender reletions.” Beyond actual social relations, tho family also functions as an “ideology of relatedness that ‘explains who should live together, share income and perform certain common tasks” “The household is a unit of residence comprised of one or more individuals who reside together and who shore resources linked to the daily reproduction of fe, including sheltor and food, as well as some social activities, Very often people who reside together (in a houschold) are related by ties of kinship and morriage ‘and hence are also part of e family Indeed, census and household survey data from 86 countries and areas: show that only 2.0 per cent of households are composed of non-family members, attesting fo the importance ‘of family and kinship relations in defining living arrangements (see Chapter 2). But family members may also reside in different households, sometimes separated by long distances, as in the case of transnational fomilies (see Chopter 7). Census and household survey data—and thus the statistics cited in most research and policy documents, inckiding this Report—generally relate to households, while qualitative research, including ‘ethnographic studies, are better able to capture family relations that cut across households. 232 The patriarch, as the ‘head’ of the family (pater familias), enjoyed various prerogatives, both legally cond in practic in decision-making; in control over his wife's and children's activities, labour and mobility: ‘and in considerable sexual privilege, including in the form of polygyny in some instances and sexual double-stondards in many others." Patriarchy, however, is neither static nor monolithic. As feminist historians have argued, itis important o trace: “the various forms and modes in which patriarchy ‘appoars historically, the shifts and changes in ite structure and function, and the adaptations it makos to female pressure ond demands."* Varieties of patriarchy Patriarchal relations persist all over the world, in developed and developing countries, although they are diverse in form, reach and level of intensity.” Researchers in developing contexts in particular have drawn attention to some ofthe key differences in patriarchal family and kinship structures. Each family system, as they have shown, has distinct principles underpinning inheritance and descent, marital practices and organization of work. Together these different rules and practices se the structural constraints within which women strategize and exercise agency ‘The area from Northern Africa te Bangladesh, for ‘exomple, includes regions with widely different ‘economies, histories, cultures and religions. Nevertheless, they share some commen family characteristics: kinship ie predominantly patrilineal (1.0. with male descent and inheritance), post-marital residence tends to be patrilocal (Le. the couple soitles in the husband's home or community) and households are organized on the basis of strong conjugal bonds. Cultural rules prescribe male responsibility for economic provisioning in return for female caregiving (and obedience). There is a strong premium on fomale chastity that tends to constrain women’s participation in the public demain.” These colder norms have been considerably altered by logal, socio-economic and demographic changes as well as feminist advocacy for women's rights, but they have, not disappeared and still colour both cultural ideals ‘ond actual practices, though net uniformly so. A somewhat different and loss rigid set of gender relotions characterizes the kinship systems in South India and South-astern Asio. Here too households ‘are organized on the basis of conjugal bonds, but a greater degree of public mobiliy is allowed for women, This translates into women’s higher rates of employment, whether in agriculture, marketing ‘or manufacturing, and greater responsibilty for managing their household's finances. Kinchip patterns tend to be more bilateral, with women having some rights of inheritance, greater flexibility in their marital residence and continuing interaction with their natal kin after marriage.” These two family systems are often contrasted with the much weaker cohesiveness of the conjugal unit in Sub-Saharon Africa, the Caribbeon and parts of South America.” Sub-Saharan African kinship systems, in particular, despite considerable intra-regional differences, provide a degree of relative autonomy for women: typically, women ‘re responsible for their own and theit children’s upkeep, with varying degrees of assistance from their husbands; they have some degree of access to ond control over their own plots of land; and where polygamous unions are prevalent, especially i West Africa, women and men often have their own separate household budgets.> Convergence or diversity of family forms The theme of diversity alzo stands out in ecciological studies ofthe family, The American sociologist, Wiliam J. Goode, who studied farity patterns major world regions in the 1950s, predicted that with industrialzation, family patterns would change, kinship fies would weaken, and there would be a convergence toward the ‘Western nuclear family’ model (Le. married couple with children). Although is work stil stands ae a major accomplishment, his convergence hypothesis has certainly proven wrong." The 1950s-style Western nuclear family is now widely recognized fo have been short-lived, even in Europe ‘ond Northorn America. That particular family model “bogan to crumble" shortly thereafter, as divorce rates rose rapidly in the 1960s and 1970s, birth rates plunged, the proportion of births outside of marriage rose and married women with children moved into the labour force in large numbers. Throughout the“marriage held a more dominant position in Ssnily life of mid-century than before or sinco!®” Scrhave family patterns in other world regions eeverged toward a uniform family form. Fifty years on, = Chapter 2 shows, households containing a couple => children of any age account forjust over one += (28 per cent) of all households globally. This is @ ‘Serifcant proportion, but undermines the assumption othe two-parent with children family form is the om everywhere ‘A ttle over three decades after Goode's global study, = oqually encyclopedic study of family patterns ‘==r02s the world by Goran Therborn concluded that “Pere is litte evidence of global convergence: “All the si family systems of the world have changed over = post century, but they are all stil here: The slow retreat of patriarchy: continuity ‘end change “erie there has been no convergence towards ‘seal family form, family systems have undergone <=vsiderable change, Over the course of the 22° century, many couniries revised their forily ‘Ges 0 eliminate discrimination against wernen. sco! reforms were sometimes propollod by wore, serolutions and anti-calonial movements, as in China “ersro the victory of communism “meant full-scale ‘ssscult on the most ancient and elaborate patriarchy =the world.” In many other contexts, the presence women's rights movements, which forged alliances sh other social movements, and the consolidation ‘international norms on humen rights and the “=scnation of discrimination against women, helped compel progressive policy-making on issues such os “science against women, participation in decision -eoking and warkplace equality." 422 time when arranged marriages were sill dominant large parte of Asia and Africa and prevalont in Easier Europe, and when a significant number of otes in the United Stotes still prohibited inter-racial orrioges, the words of the 1948 Universal Declaration Human Rights (UDHR) were revolutionary: “Men eed women of full age, without any limitations due to 2:2, nationality or religion, have the right to marry and se found a family .. They are entitled to equal rights (98 to marriage, during marriage and its dissolution ‘Marriage shall be entered into only with the froe and {ull consent ofthe intending spouses: Among the early international conventions on women's rights drafted by the Commission on the Status of Women (CSW) were the Convention on Nationality of Married Women (1957) and the Convention on Consent to Marriage, the Minimum [Age for Marriage and Registration of Marriages (1962). Needless to say, ne rolationships were within the purview of intornational her cohabitation nor same-sex conventions at the time. At the global level, the achievements of women’s rights movements, consolidated in the historic Convention on the Elimination of All Forms of. Discrimination against Women (CEDAW) and othor ‘agreements, showed that human rights are as. important in the ‘private’ world of marriage and family as they are in the ‘public’ world of markets and pales. In doing so, CEDAW contested the artificial separation of the ‘public’ from the ‘private’ sphere.” ‘The Convention in turn inspired local coalitions to mobilize around the reform of discriminatory family laws and provisions in civil and criminal codes to rocognize the harms done to women regardless of whe the perpetrators are. Despite such questioning, ‘and important legal and social reforms, the notion of ‘separate spheres’ persists to this day, limiting definitions of rape as a crime and the types of work recognized as economically valuablo.™* Challenges te the hotoronormative (heterosexual as: ‘normal’ or preferred) basis of families have come more recently as greater numbers of people, especially ‘among younger coherls, have shown their acceptance of same-sex partnerships and marriage in a range of countries across Europe and Northern America as well as in parts of Latin America and the Caribbean ‘ond Asia, Decades of social scionce research has clso shown that sexual orientation is not an important predictor of quality parenting, paving the way for {ull joint adoption by same-sex couples in some countries These legal, normative and social changes core a salutary reminder that not only have the forms ond definitions of the family been changing, but so too have ideas about marriage and sexuality that have ong provided the rationale for them. These ideas and definitions remain contested and divisive. 286 Patriarchy’s staying power: remaining legal enclaves Pairiarchy, or the law of the father/husband, may have been "the big loser ofthe 20” century’ but legal ‘equality between women and men is yet fo be achieved ‘onyuhero. This can be clearly seen by looking a three crtical areas of law thet affect women's rights: equality bbotwoen daughters and sons to inherit family property, equally between women and men to poss on their nationality to their children, and the criminalization of marital rape (see Figure 1), The momentous changes ofthe last century notwithstanding, family laws covering 189 countries and spanning @ 10-year fime span (2009-2017) still rfleet an incomplete and uneven picture marked by many patriarchal lagal enclaves” With regard to gender equality in the inheritance of family property, a long-standing demand of ‘women’s movements in many parts of the world, daughters and sons are stil treated unequally in more than one in five countries for which data are ‘available. This is particularly so in the Northern ‘Africa and Western Asia, Sub-Soharan Africa and AREAS OF LAW, 2018 ‘ieee her children Some way or a married man? ried woman confor Dec een epi 2 Central and Southern Asia regions. Given the continuing significance of agriculture in many regions, discriminatory inheritance laws constrain women’s rights to land and become an impediment to their well-being ond autonomy, a theme further discussed in Chaptor 4 The second example of legal inequality captured in Figure 1.1 is @ woman's inability to poss her nationality to her children. By 2018, in 13 per cent of all countries with data, married women could not confer their nationality to their children in the ‘same way that married men could; legal inequality ‘was particulorly entrenched in the Northern Aftica ‘and Western Asia region, where moro than half of the countries (54 per cent) did nat meet equality stondards." This infringement is debilitating since in most countries access to employment and entitlements to public services and social protection ore conditional on nationality. itis else particularly concerning as inereasing numbors of women and ‘men migrate and set up farnlies in places other than their countries of erigin, PROPORTION OF COUNTRIES WITH OR WITHOUT LEGAL EQUALITY IN SELECTED | a a ote of 15 curries ond err stead ofthe fulsople of 6s used de to dla gan raging aq right wih epee ier iht Theda er urn’ ona Jone 30" many societies, deeply entrenched social norms -sxist around male sexual entitlement and women's eresumed consent to all sexual activity within erriage. Despite feminist protests in the 12" century, men had a legal right to sex within marriage in ‘Western jurisprudence until the 1970s." By 2018, ‘=: shown in Figure 11, only 42 per cent of countries 97 out of 185) have explicit legislation criminalizing arial rape. Of the remaining 108 countries, 74 sve provisions in place for women to file @ criminal ‘complaint against their husbands for rape, This, ‘=2ves 34 countries (out of 185) where morital rape ‘= rot criminalized nor can women file eriminal complaint in the case of rape by their husbands. Furthermore, 12 countries (out of 185) sill retain clauses -=xempting perpetrators of rape from prosecution if “ey subsequently marry the victim, which is highly |=scriminatory and in conflict with human rights ‘Sendards. In several countries, including more recently --don, Lebanon, State of Palestine and Tunisia, ‘sublic owareness campaigns and advocacy efforts =p women's rights organizations have led fo the “successful repeal of cuch laws (see Story of Change, “storie victory: reforming the laws thal forced women = marry their rapists”) Patriarchal practices: persistence and resurgence Patriarchy, however, is not only a legal matter. tis ‘ico maintained through day-to-day practices and ‘bed realities. Even when women enjoy legal equality, ‘ei rights can be violated in practice. When such ssclotion of rights happens systematically, it reveals ‘= persistence of unequal power relations, siructural ‘=ediments and discriminatory social norms. The 21S-2016 edition of Progress of the World's Women Se the spotlight on the concept of substantive -==ccliy (as elaborated by the CEDAW Committee) % craw attention to this deeper understanding of Serer equality, which goes beyond formal equality 3 relates lo outcomes and the actual enjoyment of sts." Even with equality established in laws, women ‘= airs can face discrimination ond harm through Semate family relationships that can deprive them of Ssniy, ecources and voice, and put their ives at risk. es dark side of family life is evident in the pervasive s2*ure of intimate partner violence, the focus ccharreR of Chapter 6. Although different definitions and methodologies mate it hard to compare data on prevalence rates across countries, there is enough evidence to show that violence against women is serious and ubiquitous. For example, 17.8 per cent ‘of women aged 15-49 worldwide have exp physical and/or sexual violence by an intimate partner in the last 12 months.” The most recent published global study on homicide shows that although women account for a far emaller share of need all homicides than men, they bear by far the greatest burden of intimate pariner/family related homicide: in 2017, 62 per cent of all intimate partner homicide and 64 per cent of all intimate poriner/family-related homicide victims were women.” In some parts of the world, women and girls face. ‘additional risks. In large swathes of Asia, especially in the northwest of Southern Asia, git children have long faced discrimination in the inira-household distribution of food and various forms of health- seeking behaviour, putting their well-being and even survival in jeopardy. In the context of declining fertility rates (see Chapter 2), the availabilty of ‘amniocentesis and ullrasound scanning has made it possible for parents in some countries to reconcile: their desire for smaller families with continued preference for sons through sex-selective abortions. By 2017, the countries with abnormally high sex ratios (Greater than 105 males per 100 females) in Southern, Eastern and South-Eastern Asia, in addition to China ‘and Indio, were Afghanistan, Brunel Darussalam, Bhutan, Malaysia, Maldives and Pakistan. Yot transitions to smaller families in soci marked by son proforence have not been accompanied by rising sex ratios ot birth everywhere. In both Bangladesh and the Republic of Korea, for example, since the mid-1990s, son preference seoms to have weakened, as highly masculine sex ratios at birth have declined in the context of ferflity reduction.” Both economic changes and public policies that brought women increasingly into public life altered social norms and led to « “reassessment of the value of daughters.* In countries where significant progress has been. made in terms of legal equality, and where there a