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Research Article

Standardization of National Bereavement Rights Compromises Minorities’ Civic Equality

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Pages 183-198 | Published online: 18 May 2023
 

ABSTRACT

Standardization is a mechanism used to create uniformity and express the equal status of citizens facing governmental institutions. However, when standardization in various life aspects ignores fundamental differences between groups and individuals, it might increase inequality, compromise justice, and create explicit or implicit discrimination. This study exposes the mistake of identifying standardization with equality by looking at a specific and complex human situation. The linkage between standards and justice will be examined through three angles: philosophical, economic, and social. As a case study we will examine the case of Bedouin IDF widows. This group of women suffers from the uniformity of rights granted to widows of IDF (Israeli Defense Forces) soldiers, since the benefits included within these rights are not suitable to their lifestyle. We will demonstrate how culture-insensitive standards distort distributive justice and prevent certain groups, usually marginal and excluded ones, from accessing the resources and benefits to which they are entitled. We will claim that only a policy that considers personal, social, and cultural needs will enable true democratic equality, as opposed to technical, bureaucratic uniformity; and that only considering the two sides of the standardization coin will lead to genuine equity, which recognizes diversity and acknowledges its social value.

Disclosure statement

No potential conflict of interest was reported by the author.

Notes

1. Notes.

Karl Ameriks, Kant and the Fate of Autonomy: Problems in the Appropriation of the Critical Philosophy (Cambridge: Cambridge University Press, 2000).

2. “Declaration of Independence,” America’s Founding Documents, National Archives, last modified January 31, 2023, https://www.archives.gov/founding-docs.

3. Alexis de Tocqueville, Democracy in America (London: Saunders and Otley, 1969 [1835]); Alain Locke, The Philosophy of Alain Locke: Harlem Renaissance and Beyond (Philadelphia: Temple University Press, 1991).

4. Basic Law: Human Dignity and Liberty does not list the right for equality with the other basic human rights. The Supreme Court has disagreed about whether the right for equality is a constitutional super-right that derives from Israel’s Declaration of Independence or whether it is a moral right that does not override law. See Israel’s Supreme Court case 240/98 Adalla.

5. See Michael Oliver and Colin Barnes, The New Politics of Disablement (London: Macmillan International Higher Education, 2011).

6. Ibid.

7. John Rawls, Justice as Fairness: A Restatement (Cambridge: Harvard University Press, 2001); Leif Wenar, Stanford Encyclopedia of Philosophy, ed. Edward N. Zalta (Stanford: Stanford University, 2008), s.v. “John Rawls.”

8. Plato, The republic of Plato (New York: Basic Books, 1991).

9. Ibid.

10. Jean-Jacques Rousseau, Rousseau: The Social Contract and Other Later Political Writings (Cambridge: Cambridge University Press, 2018).

11. Wenar, Stanford Encyclopedia.

12. Harry Frankfurt, “Equality and Respect,” Social Research 64, no. 1 (1997): 3-15.

13. Genesis 18 tells us about God’s decision to destroy Sodom, for its citizens were known for being evil. One of their cruel customs was to provide visitors with a special bed. If the bed were too short for the visitor’s body, his legs would be chopped off. If it were too long, his body would be stretched forcefully to fit the bed’s size. This is the source of the expression “Bed of Sodom.”

14. Pierre Bourdieu, “The Forms of Capital,” in Handbook of Theory and Research for the Sociology of Education, ed. John G. Richardson (New York: Greenwood Press, 1986), 241-258; Pierre Bourdieu, “Social Space and Symbolic Power,” Sociological Theory 7, no. 1 (1989): 14-25.

15. Bill for Families of Fallen Soldiers (1950). https://www.nevo.co.il/law_html/law01/151_005.htm. [Hebrew].

16. Rinat Gold Gazit, The Rights of IDF Disabled Veterans (Tel Aviv: Bursi Legal Books Publishing, 2019). [Hebrew].

17. “Demography,” Ben-Gurion University of the Negev Online Database, https://in.bgu.ac.il/humsos/negevSus/SYBSN/Pages/demographics.aspx (accessed 2020). [Hebrew].

18. Kassim Alsraiha, “From a Boss to a Leader? Transformations of Representational Leadership in the Arab-Bedouin Minority in Israel,” Journal of Muslim Minority Affairs 40, no. 2 (2020): 1-13.

19. Steven C. Dinero, Settling for Less: The Planned Resettlement of Israel’s Negev Bedouin (New York: Berghahn Books, 2010); Iris Manor-Binyamini, “Reasons for Marriage of Educated Bedouin Women to Bedouin Men with Intellectual Disability from the Point of View of the Women,” Journal of Intellectual & Developmental Disability 43, no. 3 (2018): 285-294.

20. Oren Yiftachel, Batya Roded, and Alexandre Kedar, “Between Rights and Denials: Bedouin Indigeneity in the Negev/Naqab,” Environment and Planning A: Economy and Space 48, no. 11 (2016): 2129-61.

21. Alean Al-Krenawi and John R. Graham, “Social Work and Blood Vengeance: The Bedouin-Arab Case,” British Journal of Social Work 27 (1997): 515-28.

22. Marwan Dwairy, “Parenting Styles and Mental Health of Palestinian – Arab Adolescents in Israel,” Transcultural Psychiatry 41, no. 2 (2004): 233-52; Ariela Popper-Giveon and Alean Al-Krenawi, “Women as Healers; Women as Clients: The Encounter between Traditional Arab Women Healers and Their Clients,” Culture, Medicine, and Psychiatry 34, no. 3 (2010): 468-99.

23. Alexandra Berger-Polsky, Nihaya Daoud, Ruslan Sergienko, Eyal Sheiner, Ilana Shoham-Vardi, and Natalya Bilenko, “Polygamy and Birth Outcomes among Bedouin Women of the Negev: The Contribution of Social Determinants and Pregnancy Complications,” Health Care for Women International 41, no. 1 (2020): 54-74.

24. Jeremy Elmo-Capital, “Arab Women’s Employment Data with Emphasis on Bedouin Women in the Negev” (The Knesset Research and Information Center, Jerusalem, February 27, 2022), https://fs.knesset.gov.il/globaldocs/MMM/9eea2a62-9152-ec11-813c-00155d0824dc/2_9eea2a62-9152-ec11-813c-00155d0824dc_11_19443.pdf. [Hebrew].

25. Sarab Abu-Rabia-Queder, “The Paradox of Professional Marginality among Arab-Bedouin Women,” Sociology 51, no. 5 (2017): 1084-100; Sarab Abu-Rabia-Queder and Khaled Arar, “Gender and Higher Education in Different National Spaces: Female Palestinian Students Attending Israeli And Jordanian Universities,” Compare 41, no. 3 (2011): 353-370; Nuzha Allassad Alhuzeel, “The Double Meaning of Protection in the Lives of Three Generations of Bedouin Women,” Social Issues in Israel 15 (2013): 58-86. [Hebrew].

26. Hanne E. Røsilien, “Religion and Military Conscription: The Case of the Israel Defense Forces (IDF),” Armed Forces & Society 39, no. 2 (2012): 213-32.

27. Smadar Ben-Asher and Ya’arit Bokek-Cohen, “Commemoration Labour as a Mechanism of Symbolic Violence Exercised upon National Widows,” Mortality 26, no. 3 (2020): 225-40.

28. UPI, “Bedouins Urged Not to Join Israeli Army,” UPI NewsTrack, December 18, 2004, https://www.upi.com/Top_News/2004/12/18/Bedouins-urged-not-to-join-Israeli-army/38991103382228.

29. Smadar Ben-Asher and Udi Lebel, “Social Structure vs. Self Rehabilitation: IDF Widows Forming an Intimate Relationship in the Sociopolitical Discourse,” Journal of Comparative Research in Anthropology and Sociology 1, no. 2 (2010): 39-60.

30. Smadar Ben-Asher and Ya’arit Bokek-Cohen, “Negative Symbolic Capital and Politicized Military Widowhood,” Journal of Political and Military Sociology 46, no. 2 (2019): 301-23.

31. Ya’arit Bokek-Cohen and Smadar Ben-Asher, “The Israeli Selective Myopia and the Missing Culturally Sensitive Support for Bedouin IDF War Widows,” Journal of Social Work & Human Rights 3, no. 1 (2018c): 17-28.

32. Smadar Ben-Asher, Kawkab: The Story of Trailblazing Bedouin Women (Tel Aviv: MOFET Institute, 2020). [Hebrew]; Smadar Ben-Asher and Ya’arit Bokek-Cohen, “Commemoration Labor as Emotional Labor: The Emotional Costs of Being a Militarized National Widow,” Gender, Place and Culture 28, no. 8 (2021): 1063-83.

33. Tal Meler, “Israeli-Palestinian Women and Their Reasons for Divorce: A Comparative Perspective,” Israel Studies Review 28, no. 2 (2013): 18-40.

34. Smadar Ben-Asher and Ya’arit Bokek-Cohen, “Clashing Identities in the Military Bereavement of a Minority Group: The Case of Bedouin IDF Widows in Israel,” Papers on Social Representations 26, no. 1 (2017): 1-7.

35. Ben-Asher and Bokek-Cohen, “Commemoration Labour as a Mechanism,” 225-240; Ben-Asher and Bokek-Cohen, “Commemoration Labour as Emotional,” 1063-83.

36. Bill for Families of Fallen Soldiers (1950).

37. ”The Wing for Families and Commemoration,” Israel, Ministry of Defence, n.d., https://embassies.gov.il/miami-he/office-of-defence/Documents/hanzaha_HB.pdf [Hebrew].

39. Allassad Alhuzeel, “The Double,” 58-86.

40. Ben-Asher and Bokek-Cohen, “Clashing Identities,” 1-7.

41. Ben-Asher and Bokek-Cohen, “Negative Symbolic,” 301-23; Ya’arit Bokek-Cohen and Smadar Ben-Asher, “How Does It Feel to Be an Anti-Martyr’s Widow? The Interplay of Religious Capital and Negative Symbolic Capital of War Widows,” Social Compass 65, no. 3 (2018a): 395-412; Ya’arit Bokek-Cohen and Smadar Ben-Asher, “The Double Exclusion of Bedouin War Widows,” International Journal on Minority and Group Rights 25 (2018b): 125-31.

42. Ben-Asher and Bokek-Cohen, “Clashing Identities,” 1-7.

43. Alasdair C. MacIntyre, After Virtue: A Study in Moral Theory (Notre Dame: A&C Black, 2013).

44. Ziba Mir-Hosseini, Kari Vogt, Lena Larsen, and Christian Moe, eds., Gender and Equality in Muslim Family Law: Justice and Ethics in the Islamic Legal Tradition (London: IB Tauris, 2011).

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