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

Some feminists [2] [3] [4] [5] [6] and opponents of discrimination against men [7] [8] :102 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, [8] :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". [8] :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]

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. [25]

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). [26] 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. [27] [28] 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. [29]

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". [30] 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". [31] 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" [32] :34 and continues elsewhere, stating that "any attempt to de-gender nationalism and citizenship needs to incorporate a discussion of universal male conscription". [32] :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". [32] :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 believe that military service is 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. [33]

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. [34] [35] [36]

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. [37] 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. [38] They may also be ineligible for federal job training and federal employment, and for certain states, state employment and even driver's licenses. [39] As of 2014, transgender women are required to register for selective service, but may file for an exemption in the event they are drafted. [40] Transgender men are not required to register but may face difficulties in receiving benefits which require registration. [41] Currently, women are exempted from 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 get rid of the female exemption of registration. [42]

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. [43] Other court challenges to Selective Service registration have raised other issues. [44] 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". [45] 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. [46]

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 [47] the current male-only Selective Service registration requirement unconstitutional. [48] That ruling was reversed by the Fifth Circuit. In June 2021, [49] 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. [50]

Related Research Articles

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

Conscription is the state-mandated enlistment of people in a national service, mainly a military service. 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 1–8 years on active duty and then transfer to the reserve force.

Misandry is the hatred of, contempt for, or prejudice against men or boys.

<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 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 they say 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 information on U.S. citizens and other U.S. residents potentially subject to military conscription and carries out contingency planning and preparations for two types of draft: a general draft based on registration lists of men aged 18–25, and a special-skills draft based on professional licensing lists of workers in specified health care occupations. In the event of either type of draft, the Selective Service System would send out induction notices, adjudicate claims for deferments or exemptions, and assign draftees classified as conscientious objectors to alternative service work. All male U.S. citizens and immigrant non-citizens who are between the ages of 18 and 25 are required by law to have registered within 30 days of their 18th birthdays, and must notify the Selective Service within ten days of any changes to any of the information they provided on their registration cards, such as a change of address. The Selective Service System is a contingency mechanism for the possibility that conscription becomes necessary.

<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, gender segregation or gender separation is the physical, legal, or cultural separation of people according to their biological sex 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> History of mandatory military service in the United States

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. From 1940 until 1973, during both peacetime and periods of conflict, men were drafted to fill vacancies in the U.S. Armed Forces that could not be filled through voluntary means. Active conscription in the United States ended in 1973, when the U.S. Armed Forces moved to an all-volunteer military. However, conscription remains in place on a contingency basis; all male U.S. citizens, regardless of where they live, and male immigrants, whether documented or undocumented, residing within the United States, who are 18 through 25 are required to register with the Selective Service System. United States federal law also continues to provide for the compulsory conscription of men between the ages of 17 and 44 who are, or who have made a declaration of intention to become, U.S. citizens, and additionally certain women, for militia service pursuant to Article I, Section 8 of the United States Constitution and 10 U.S. Code § 246.

<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 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 18 months of imprisonment. Conscripts are generally prohibited from being deployed abroad.

<span class="mw-page-title-main">Women in the military in Europe</span>

European countries have had varying policies that confine women and military service or the extent of their participation in the national armed services of their respective countries, especially combatant roles in armed conflicts or hostile environments. While most of the countries have always allowed women to participate in military activities involving no direct aggression with the enemy, most began seeing the value of servicewomen in the armed services during the First World War when they began losing unprecedented numbers of servicemen. In the modern era, many of the European countries allow women to voluntarily pursue a career path or profession in the national armed services of their country as well as permit conscription equality, with minimal or no restrictions at all.

Violence against men are violent acts that are disproportionately or exclusively committed against men or boys. Men are over-represented as both victims and perpetrators of violence.

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

Conscription in Denmark is mandatory for all physically fit men over the age of 18, according to the Constitution of Denmark, §81 and the Danish Law of Conscription, §2. The service lasts between 4 and 12 months. Women may participate, but are not obligated to conscription. Under the Danish Realm and protected by the Danish Defence, men from Greenland and the Faroe Islands are not required to serve as conscripts.

<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.

Discrimination against men is the unfair treatment of men based on gender. In the workforce it 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.

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