Conscription and sexism

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Soviet conscripts, Moscow, 1941 RIAN archive 662758 Recruits entering Voroshilov Barracks.jpg
Soviet conscripts, Moscow, 1941

Conscription, sometimes called "the draft", is the compulsory enlistment of people in a national service, most often a military service. Men have been subjected to military drafts in most cases. Currently only two countries conscript women and men on the same formal conditions: Norway and Sweden. [1]

Contents

Opponents of discrimination against men, [2] [3] : 102 [ who? ] including some feminists, [4] [5] [6] [7] [8] have criticized military conscription, or compulsory military service, as sexist. They regard it as discriminatory to compel men, but not women, into military service. They say conscription of men normalizes male violence, conscripts are indoctrinated into sexism and violence against men, and military training socializes conscripts into patriarchal gender roles. [9] [10]

While not all feminists are anti-militarists, opposition to war and militarism has been a strong current within the women's movement. Prominent suffragists like Quaker Alice Paul, and Barbara Deming, a feminist activist and thinker of the 1960s and 1970s, were ardent pacifists. Moreover, feminist critique has often regarded the military as a "hierarchical, male-dominated institution promoting destructive forms of power." [11] Feminists have been organizers and participants in resistance to female conscription. [12] [13] [14] [15]

History

Historically, men have been subjected to conscription in the most cases, [3] : 255  [16] [17] [18] [19] and only in the late 20th century did this begin to change, though most countries still require only men to serve in the military. The integration of women into militaries, and especially into combat forces, did not begin on a large scale until late in the 20th century. In his book The Second Sexism: Discrimination Against Men and Boys (2012), philosopher David Benatar states that the theoretical arguments are immaterial to those who are pressed into service: "Some women are excluded from combat, but many more women are exempt. While some men are excluded from combat (because they fail the relevant tests), many more are pressured or forced into combat." According to Benatar, "[t]he prevailing assumption is that where conscription is necessary, it is only men who should be conscripted and, similarly, that only males should be forced into combat". This, he believes, "is a sexist assumption". [3] : 102 

Current practice

Israeli female soldiers Flickr - Israel Defense Forces - Karakal Winter Training (1).jpg
Israeli female soldiers

As of now, ten countries conscript both men and women, of which only Norway (since 2013) and Sweden (since 2011 in legislation, since 2018 in practice) conscript both sexes on the same formal conditions. [1] Norway was also the first NATO country to introduce obligatory military service for women as an act of gender equality. [20] [21] Other countries conscript women into their armed forces, but with some difference in e.g. service exemptions and length of service; these countries include Israel (where women are about 40% of conscripts drafted every year [22] ), Myanmar, Eritrea, Libya, Malaysia, North Korea, Peru and Tunisia. [23] Other countries—such as Finland, Turkey, Lithuania, Singapore, and South Korea—still use a system of conscription which requires military service from only men, although women are permitted to serve voluntarily. Most European countries have no enforced conscription for either gender. The Netherlands, where conscription is not abolished but suspended for peacetime, introduced in 2018 a law extending mandatory military service to women. [24] France and Portugal, where conscription was abolished, extended their symbolic, mandatory day of information on the armed forces for young people—called Defence and Citizenship Day in France and Day of National Defence in Portugal—to women in 1997 and 2008, respectively; at the same time, the military registry of both countries and obligation of military service in case of war was extended to women. [25] [26] Denmark will extend conscription to women in 2027. [27] [28]

In Singapore, conscription of women has recently been a subject of debate. In 2022, Defence Minister Ng Eng Hen claimed that the societal cost will outweigh the benefits, and women will have delayed their entry in the workforce. In the same speech, he affirmed his stand that there is no need to conscript women. [29]

Men in Switzerland are required by law to perform military service and any man deemed unfit or exempted from service must pay 3% of their annual income as military exemption tax, at a minimum of 400CHF ($420). [30] This gender selective draft has previously been challenged in the country, [23] but the case was rejected by the Federal Supreme Court on the grounds that the specific law requiring service takes precedence over the general law forbidding sex discrimination. [31] [32] Chantal Galladé, former president of the Swiss Defence Committee calls the conscription of men a discrimination against both men and women, cementing the stereotypical gender roles of men and women. [33]

The practice of conscription has been criticized by various men's rights groups, such as the National Coalition for Men, which claims that "no gender oppression is comparable". [34] These groups have been joined on occasion by certain feminist activists. Beginning in the 1970s, "liberal feminists" have argued in favor of extending conscription to women, taking the position that women cannot have the same rights as men if they do not have the same responsibilities, and that exempting women from conscription perpetuates stereotypes of women as weak and helpless. Radical and pacifist feminists have disagreed, however, contending that "by integrating into existing power structures including military forces and the war system without changing them, women merely prop up a male-dominated world instead of transforming it". [35] There were disagreements between liberal advocates for women's equality and radical and pacifist feminists both in 1980 and again in 2016 on whether women should be included in draft registration or draft registration should be opposed for women and men. [11]

Anthropologist Ayse Gül Altinay has commented that "given equal suffrage rights, there is no other citizenship practice that differentiates as radically between men and women as compulsory male conscription" [36] : 34  and continues elsewhere, stating that "any attempt to de-gender nationalism and citizenship needs to incorporate a discussion of universal male conscription". [36] : 58  She goes on to quote feminist writer Cynthia Enloe, who argues that "there is a reason that so many states in the world have implemented military conscription laws for young men: most of those men would not join the state's military if it were left up to them to choose". [36] : 31–32 

Conscription in post-Soviet space

In Soviet society, universal male military duty played a significant role in the construction of masculinity: Soviet ideas about militarized masculinity were based on the ideas of civic duty, heroism and patriotism, and Soviet gender ideology defined military service as the most important instance of turning a boy into a man. In post-Soviet Russia, the link between masculinity and militarization, established by the institute of conscription, has undergone significant changes—largely for political and economic reasons. Unlike the Soviet one, the post-Soviet Russian state no longer provides men with the former social guarantees as a reward for militarization, and the state's rupture of the former social contract leads to the reluctance of young men to go to military service. In addition, with the collapse of the Soviet state, militarized masculinity came into conflict with the new capitalist masculinity: many young men believed that military service was incompatible with a dynamic market economy and competition in the labor market. Scientists also state a significant gap between the state ideology of militarized patriotism and the sentiments of the Russian population, a significant part of which is skeptical about post-Soviet military conflicts and does not regard them as fair. [37]

During the Russian invasion of Ukraine in 2022, the Ukrainian authorities, in order to mobilize men, banned men aged 18 to 60 from leaving the country before the end of hostilities, which could be considered discrimination against men on the basis of gender and violation of human rights. [38] [39] [40]

Selective service

Congressman Alexander Pirnie (R-NY) drawing the first capsule for the Selective Service draft, December 1, 1969 1969 draft lottery photo.jpg
Congressman Alexander Pirnie (R-NY) drawing the first capsule for the Selective Service draft, December 1, 1969

In the United States, most male US citizens and residents must register with the Selective Service System within 30 days of their 18th birthday. [41] Those who fail to register may be punished by up to five years in prison and a fine of up to $250,000, although no non-registrants have been prosecuted since January 1986. [42] They may also be ineligible for federal job training and federal employment, and in certain states, state employment and even driver's licenses. [43]

As of 2014, transgender women are required to register with the Selective Service System, but might be able to apply for exemption in the event they are drafted. [44] (The rules for a future draft, including who would be eligible and what deferments or exemptions were available, would be subject to whatever provisions are included in the legislation authorizing inductions, and can't be predicted with certainty. [45] ) Individuals who are born female and have a sex change are not required to register. U.S. citizens or immigrants who are born male and have a sex change are still required to register. In the event of a resumption of the draft, males who have had a sex change may be able to file a claim for an exemption from military service if they receive an order to report for examination or induction. Transgender men are not required to register but may face difficulties in receiving benefits which require registration. [46]

Some state laws provide for automatic registration with the Selective Service System of draft-eligible applicants for driver's licenses. In practice, only those who apply for a driver's license with an "M" gender marker are automatically registered, regardless of sex as assigned at birth. Those with "F" or "X" (non-gendered) driver's licenses are not automatically registered, regardless of sex assigned at birth. This means that in states that allow driver's license applicants to freely select their gender marker, males can opt out of automatic registration with the Selective Service System by requesting an "X" gender marker on their driver's license. [47]

Currently, women are exempted from the requirement to register with the Selective Service System as only males are required to register; this cannot be changed without Congress amending the law, although combat roles for women have been allowed since January 23, 2013, which certain political analysts have said may prompt Congress or the courts to get rid of the female exemption from Selective Service registration or to equalize the treatment of men and women by ending Selective Service registration. [48]

The Selective Service System in the US had been previously challenged in court in Rostker v. Goldberg in 1981 and in National Coalition for Men v. Selective Service System in 2019. Both were argued in small or large part on the grounds of equal protection and due process on the basis of gender. [49] Other court challenges to Selective Service registration have raised other issues. [50] Professor Stephanie M. Wildman of Santa Clara Law called the decision to uphold the constitutionality of male conscription in Rostker v. Goldberg "chilling to any advocate of full societal participation". [51] In the ensuing congressional debate, Senator Mark Hatfield argued that:

The paternalistic attitude inherent in exclusion of women from past draft registration requirements not only relieved women of the burden of military service, it also deprived them of one of the hallmarks of citizenship. Until women and men share both the rights and the obligations of citizenship, they will not be equal. [52]

On February 22, 2019, Judge Grey H. Miller of the U.S. District Court for the Southern District of Texas, USA, deciding on National Coalition for Men v. Selective Service System, declared [53] the current male-only Selective Service registration requirement unconstitutional. [54] That ruling was reversed by the Fifth Circuit. In June 2021, [55] the U.S. Supreme Court declined to review the decision by the Court of Appeals.

Women in combat

Women in combat refers to female military personnel assigned to combat positions. The role of women in the military has varied across the world’s major countries throughout history with several views for and against women in combat. Over time countries have generally become more accepting of women fulfilling combat roles. In the 21st century, more countries have integrated women in combat. In the United Kingdom, in July 2016, all exclusions on women serving in Ground Close Combat (GCC) roles were lifted. [56]

Related Research Articles

<span class="mw-page-title-main">Conscription</span> Compulsory enrollment into national or military service

Conscription, also known as the draft in American English, is the practice in which the mandatory enlistment in a national service, mainly a military service, is enforced by law. Conscription dates back to antiquity and it continues in some countries to the present day under various names. The modern system of near-universal national conscription for young men dates to the French Revolution in the 1790s, where it became the basis of a very large and powerful military. Most European nations later copied the system in peacetime, so that men at a certain age would serve 1 to 8 years on active duty and then transfer to the reserve force.

<span class="mw-page-title-main">Sexism</span> Prejudice or discrimination based on a persons sex or gender

Sexism is prejudice or discrimination based on one's sex or gender. Sexism can affect anyone, but primarily affects women and girls. It has been linked to gender roles and stereotypes, and may include the belief that one sex or gender is intrinsically superior to another. Extreme sexism may foster sexual harassment, rape, and other forms of sexual violence. Discrimination in this context is defined as discrimination toward people based on their gender identity or their gender or sex differences. An example of this is workplace inequality. Sexism refers to violation of equal opportunities based on gender or refers to violation of equality of outcomes based on gender, also called substantive equality. Sexism may arise from social or cultural customs and norms.

The men's rights movement (MRM) is a branch of the men's movement. The MRM in particular consists of a variety of groups and individuals who focus on general social issues and specific government services which adversely impact, or in some cases, structurally discriminate against, men and boys. Common topics discussed within the men's rights movement include family law, reproduction, suicides, domestic violence against men, false accusations of rape, circumcision, education, conscription, social safety nets, and health policies. The men's rights movement branched off from the men's liberation movement in the early 1970s, with both groups comprising a part of the larger men's movement.

<span class="mw-page-title-main">Selective Service System</span> American conscription system

The Selective Service System (SSS) is an independent agency of the United States government that maintains a database of registered male U.S. citizens and other U.S. residents potentially subject to military conscription.

<span class="mw-page-title-main">Sex segregation</span> Physical, legal, and cultural separation of people according to their biological sex

Sex segregation, sex separation, sex partition,gender segregation,gender separation, or gender partition is the physical, legal, or cultural separation of people according to their biological sex or gender at any age. Sex segregation can refer simply to the physical and spatial separation by sex without any connotation of illegal discrimination. In other circumstances, sex segregation can be controversial. Depending on the circumstances, it can be a violation of capabilities and human rights and can create economic inefficiencies; on the other hand, some supporters argue that it is central to certain religious laws and social and cultural histories and traditions.

<span class="mw-page-title-main">Military service</span> Performing the service in the armed forces of a state

Military service is service by an individual or group in an army or other militia, air forces, and naval forces, whether as a chosen job (volunteer) or as a result of an involuntary draft (conscription).

<span class="mw-page-title-main">Conscription in the United States</span>

In the United States, military conscription, commonly known as the draft, has been employed by the U.S. federal government in six conflicts: the American Revolutionary War, the American Civil War, World War I, World War II, the Korean War, and the Vietnam War. The fourth incarnation of the draft came into being in 1940, through the Selective Training and Service Act; this was the country's first peacetime draft.

Male privilege is the system of advantages or rights that are available to men on the basis of their sex. A man's access to these benefits may vary depending on how closely they match their society's ideal masculine norm.

<span class="mw-page-title-main">Conscription in Turkey</span> Overview of conscription in Turkey

In Turkey, compulsory military service applies to all male citizens from 21 to 41 years of age. It is 6 months for all males regardless of education degree. Different rules apply to Turks abroad. For Turks with multiple citizenship, the conscription lapses if they have already served in the army of another country.

Rostker v. Goldberg, 453 U.S. 57 (1981), is a decision of the Supreme Court of the United States holding that the practice of requiring only men to register for the draft was constitutional. After extensive hearings, floor debate and committee sessions on the matter, the United States Congress reauthorized the law, as it had previously been, to apply to men only. Several attorneys, including Robert L. Goldberg, subsequently challenged the Act as gender distinction. In a 6–3 decision, the Supreme Court upheld the Act, holding that its gender distinction was not a violation of the equal protection component of the Due Process Clause of the Fifth Amendment.

<span class="mw-page-title-main">Conscription in Israel</span> Overview of conscription in the State of Israel

Since the Israeli Declaration of Independence in 1948, fixed-term military service has been compulsory in Israel. The draft laws of the Israel Defense Forces (IDF) only apply to Jews, Druze, and Circassians. Because the Druze and Circassian communities are less populous, their women are exempted from mandatory military service altogether. Women from the Jewish community are not exempted, but serve for slightly shorter terms than their male counterparts. The IDF does not conscript non-Druze Arab citizens of Israel, though their men and women may enlist voluntarily.

<span class="mw-page-title-main">Conscription in Russia</span> Overview of conscription in Russia

Conscription in Russia is a 12-month draft, which is mandatory for all male citizens who are between 18 and 30 years old, with a number of exceptions. Avoiding the draft is a felony under Russian criminal code and is punishable by up to 26 months of imprisonment. Conscripts are generally prohibited from being deployed abroad.

Violence against men comprises violent acts that are disproportionately committed against men or boys. Men are overrepresented as both victims and perpetrators of violence. Violence against women is the opposite category, where acts of violence are targeted against the female gender.

<span class="mw-page-title-main">Conscription in North Korea</span> Compulsory military service in North Korea

Conscription in North Korea occurs despite ambiguity concerning its legal status. Men are universally conscripted while women undergo selective conscription. Conscription takes place at age 17 and service ends at 30. Children of the political elites are exempt from conscription, as are people with bad songbun. Recruitment is done on the basis of annual targets drawn up by the Central Military Commission of the Workers' Party of Korea and implemented locally by schools. Conscription first began before the Korean War.

<i>National Coalition for Men v. Selective Service System</i> U.S. court case ruling that male-only military conscription is unconstitutional

National Coalition for Men v. Selective Service System was a court case that was first decided in the United States District Court for the Southern District of Texas on February 22, 2019, declaring that requiring men but disallowing women to register for the draft for military service in the United States was unconstitutional. The ruling did not specify which actions the government needed to take to resolve the conflict with the constitution. That ruling was reversed by the Fifth Circuit.

The issue of transgender people and military service in South Korea is a complex topic, regarding gender identity and bodily autonomy. Currently, transgender women are excluded from the military of South Korea.

While the Republic of Korea's Constitution states that all citizens, regardless of gender, sex, political or religious affiliation, should be afforded equal treatment under the law, some scholars, such as Intaek Hwang, claim that the culture of militarism is so pervasive that Conscientious Objectors are stripped of the rights discussed in the Constitution when universal male conscription became the law in 1948. A Conscientious Objector is defined as "an individual who has claimed the right to refuse to perform military service on the grounds of freedom of thought, conscience and or religion" by the United Nation's Human Rights Commission. Since the signing of the Conscription Law in 1949, stating that every male 18 years of age must serve in the military, Conscientious Objectors, when found, are arrested and subject to violent punishments.

South Korean military laws and procedures discriminate against sexual minorities, or lesbian, gay, bisexual, transgender, and queer (LGBTQ+) individuals, who serve in the military. At the time of enlistment, recruits are categorized based on their physical and mental health. Sexual minorities can be marked as having a “mental handicap” or “personality disorder,” which determines their status and duties as personnel. They can also be institutionalized in a mental facility or be dishonorably discharged. Military personnel have reported experiencing harassment, violence, and forcible revealing of their sexual orientation and/or gender identity.

<span class="mw-page-title-main">Dorit Geva</span> Sociologist

Dorit Geva is a Canadian political sociologist who specialises in political sociology, social and political theory, state theory, neoliberalism, politics of gender and sexuality, and comparative and historical sociology. She is Professor of Politics and Gender at the Institute for Political Science, University of Vienna. Formerly, she was Professor of Sociology and Social Anthropology and was Founding Dean of Undergraduate Studies at Central European University. While at CEU, she was part of a team that created the BA in Culture, Politics and Society. Geva is known for her research on right-wing politics in Europe, and for her research on establishment of the US draft system and its history of racial and gender discrimination. Geva is Chair of Publications Committee of Social Science History Association (SSHA) from 2021.

Discrimination against men based on gender has been observed in the health and education sectors due to stereotypes that men are dangerous to women and children. In the legal system, men on average receive higher rates of incarceration and longer sentences than women for similar crimes.

References

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  52. ↑ MacDwyer, Sara (September 9, 2010). "Rostker v. Goldberg: The Uneven Development of the Equal Protection Doctrine in Military Affairs". Golden Gate University Law Review. Women's Law Forum. 12 (3). Archived from the original on May 2, 2015. Retrieved May 2, 2015. Once the combat issue is put in proper perspective and the evidence of women's recognized ability to perform military functions is assessed, it becomes apparent that an exclusion of women from a draft registration requirement would be the product of the archaic notion that women must remain 'as the center of home and family.' One court apparently recognized as much about the Congress which enacted the prior draft law. In upholding that law's exclusion of women, the court stated: 'In providing for involuntary service for men and voluntary service for women, Congress followed the teachings of history that if a nation is to survive, men must provide the first line of defense while women keep the home fires burning.' At one time judicially accepted, such romantically paternalistic underpinnings of sex-based classifications are intolerable under current equal protection doctrine. Overbroad generalizations concerning one sex or the other no longer can [ sic ] used to substitute for a functional, gender-neutral means of distinguishing between the physically unfit and the able bodied. The paternalistic attitude inherent in exclusion of women from past draft registration requirements not only relieved women of the burden of military service, it also deprived them of one of the hallmarks of citizenship. Until women and men share both the rights and the obligations of citizenship, they will not be equal.
  53. ↑ "Final Judgment, National Coalition for Men v. Selective Service System, Civil Action H-16-3362" (PDF). Hasbrouck.org. Retrieved 24 November 2019.
  54. ↑ Hasbrouck, Edward. "Federal court declares current military draft registration requirement unconstitutional". Hasbrouck.org. Retrieved 24 November 2019.
  55. ↑ Somin, Ilya (7 June 2021). "Supreme Court Refuses to Consider Case Challenging Male-Only Draft Registration—but Suggests it Might Revisit the Issue in the Future". Reason. Retrieved 22 December 2023.
  56. ↑ "News & Events". www.army.mod.uk. Archived from the original on 2016-03-04. Retrieved 2019-02-12.
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