Author: Devyani Vig, New Law College (BVDU), Pune
To The Point
Feminism is no longer confined to domestic gender struggles, it has emerged as a powerful force shaping global relations. At its core, feminism questions traditional power structures and promotes equality, justice, and inclusivity. These values, when integrated into international law and diplomacy, lead to more equitable global governance. In the realm of global politics, feminism challenges the long-standing male-centric narratives that dominate foreign policy, international security, and economic development. Concepts like feminist foreign policy adopted by Sweden, Canada, and Mexico prioritize peace, human rights, and inclusiveness over aggression and militarism. This shift impacts how states interact with each other and how global institutions function. Feminist legal theory has significantly contributed to international law by influencing treaties like CEDAW and international resolutions such as the UN’s Resolution 1325 on Women, Peace and Security. These instruments emphasize the need to include women in peace processes, prevent gender-based violence in conflict zones, and address the unique challenges faced by women in international crises. Moreover, feminist perspectives encourage intersectionality, a legal and social lens that recognizes how various forms of discrimination overlap. This approach helps shape laws and global policies that are more inclusive and reflective of real-world complexities. In practice, global institutions like the United Nations and World Bank are increasingly implementing gender-mainstreamed policies and promoting female representation. From climate negotiations to conflict resolution, feminist principles are helping to shift the global agenda toward a more humane and inclusive future. Thus, feminism is not just a social movement, it is a transformative legal and political framework influencing how nations govern, cooperate, and resolve disputes on the world stage.
Abstract
Feminism, once viewed as a domestic or social issue, has grown into a significant force shaping international law, diplomacy, and global cooperation. This article explores how feminist ideologies have influenced global relations by challenging patriarchal norms embedded in international systems and promoting inclusive, equitable policies across borders. Feminist legal theory redefines traditional concepts of power, security, and governance, advocating for the recognition of gendered experiences in global policymaking. International frameworks such as the UN’s Women, Peace and Security Agenda (Resolution 1325), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and feminist foreign policies implemented by different countries are at the centre of this trend. These tools reflect a growing global consensus that peace and progress cannot be achieved without gender justice. The article also highlights how feminist thought contributes to more inclusive legal mechanisms through intersectionality, ensuring that the law addresses overlapping forms of discrimination. Case laws from international tribunals and national courts are examined to demonstrate how feminist perspectives influence real-world legal outcomes. By integrating gender-sensitive practices into global institutions, feminism paves the way for sustainable development, fairer conflict resolution, and balanced international cooperation. Ultimately, feminism does not aim to divide, but to create a more just and equitable world order, one where global relations are shaped by equality, empathy, and human dignity.
Use of Legal Jargon
CEDAW: The landmark Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) was adopted by the UN in 1979. It urges nations to stop gender-based discrimination in politics, the workplace, healthcare, and education, among other spheres of life. CEDAW, sometimes referred to as the “international bill of rights for women,” establishes the framework for social and legal equality on a global scale.
Intersectionality: Intersectionality is a concept that explains how different forms of discrimination—such as those based on gender, race, class, caste, or religion overlap and interact. It recognizes that individuals experience oppression in unique ways depending on their multiple identities. In global relations and law, intersectionality helps create more inclusive policies by addressing the layered nature of inequality.
Security Council Resolution 1325: The first to specifically recognise the vital role women play in peacebuilding, conflict resolution, and post-war healing was UN Security Council resolution 1325, which was passed in 2000. It urges all UN member states to ensure women’s full participation in peace processes and protect them from gender-based violence during conflicts. This resolution marked a turning point in linking gender equality directly to international peace and security efforts.
The Proof
Feminism’s influence on global relations is no longer theoretical—it is tangible, institutional, and transformative. From international legal instruments to shifts in foreign policy and peacebuilding, feminist thought increasingly informs the way nations interact, negotiate, and cooperate. Its principles are embedded in international law, multilateral diplomacy, and institutional reform, with growing emphasis on inclusion, equality, and human dignity. One of the most compelling pieces of evidence is the existence of feminism in legally binding global treaties like CEDAW, which was established by the UN. It compels states to eliminate all forms of gender-based discrimination and promotes structural reform to ensure equality in both public and private life. With nearly universal ratification, CEDAW represents a global consensus on the necessity of embedding gender justice in law and governance. This is complemented by the 1995 Beijing Declaration and Platform for Action, which continues to be one of the most comprehensive plans for global women’s empowerment. While not legally binding, it has influenced domestic legislation, foreign aid policies, and global development priorities by establishing clear goals across multiple sectors, from healthcare and education to violence prevention and economic opportunity. Feminism’s growing role in foreign policy is another visible transformation in global relations. Sweden became the first country to formally adopt a feminist foreign policy in 2014, setting a model for others. This approach integrates gender equality into diplomacy, development assistance, and international trade, challenging the traditionally masculine model of foreign affairs. Its core framework rests on the idea that achieving gender equality is not only a moral imperative but also a strategic priority. Following Sweden’s lead, countries like Canada, Mexico, France, Germany, and Chile have introduced similar policies. For instance, Canada’s Feminist International Assistance Policy places the rights and empowerment of women and girls at the heart of all international development efforts, further institutionalizing feminism in global cooperation. The United Nations Security Council enacted Resolution 1325 in 2000, marking a watershed point in the area of peacekeeping. This resolution recognized that women’s participation in peace processes, conflict resolution, and post-conflict reconstruction is essential to sustainable peace. It advocated for gender-sensitive peacekeeping training, the protection of women and girls in armed conflicts, and greater female representation at all levels of decision-making. Over time, Resolution 1325 has evolved into a broader Women, Peace, and Security (WPS) agenda, with over 90 countries implementing National Action Plans to translate the resolution’s principles into actionable policies. This shows a direct connection between feminist advocacy and international frameworks designed to secure lasting peace. The legal sphere has also seen substantial changes driven by feminist perspectives. In groundbreaking cases before international tribunals, such as the Prosecutor v. Akayesu at the International Criminal Tribunal for Rwanda, gender-based violence was officially recognized as a constitutive element of genocide. This legal precedent, along with similar decisions at the International Criminal Tribunal for the former Yugoslavia, underscored the need to treat sexual violence in conflict not as a collateral issue but as a serious international crime. These rulings reflect feminist legal theory’s emphasis on recognizing lived experiences of women in war and crisis. Global institutions are increasingly adopting gender-sensitive practices as well. Organizations like the United Nations, the World Bank, and the International Labour Organization have committed to gender mainstreaming, integrating gender perspectives across policy, budgeting, and implementation. Gender equity is now seen not just as a human rights issue, but as a critical factor in economic development, peacebuilding, and global governance. Altogether, these legal instruments, foreign policy shifts, tribunal decisions, and institutional reforms provide compelling proof that feminism has made a deep and lasting impact on global relations. It has shifted the international agenda toward more inclusive, participatory, and humane structures. No longer confined to domestic activism, feminism is now a guiding force in the creation of a more just and equitable world order.
Case Laws
Vishaka v. State of Rajasthan (India):
The Vishaka v. State of Rajasthan lawsuit stemmed from the violent gang rape of Bhanwari Devi, a government-employed social worker in rural Rajasthan who was targeted for preventing child marriage as part of her official duties. Despite being assaulted while performing her role, there were no specific laws in India at the time to address sexual harassment in the workplace. In response, several women’s rights groups filed a Public Interest Litigation before the Supreme Court, arguing that the lack of legal safeguards violated women’s fundamental rights. The Court acknowledged this legislative vacuum and, in a groundbreaking judgment, held that sexual harassment at the workplace is a violation of rights under Articles 14 (equality before law), 15 (prohibition of discrimination), and 21 (right to life and dignity) of the Constitution. Citing India’s obligations under international conventions like CEDAW, the Court issued the Vishaka Guidelines, mandatory rules to prevent workplace harassment, until formal legislation was enacted. This case laid the foundation for gender-sensitive workplace protections in India.
R v. Ewanchuk (Canada):
In R v. Ewanchuk, a 17-year-old girl attended a job interview in the accused’s caravan. During the interview, Ewanchuk made several unsolicited and escalating sexual advances, touching the complainant multiple times. Although she repeatedly said “no” and expressed discomfort, the lower courts found that there might have been “implied consent” because she did not physically resist or leave the space. The trial court and Alberta Court of Appeal both acquitted the accused on this basis. However, the Supreme Court of Canada firmly rejected the notion of implied consent in cases of sexual assault. The Court ruled that consent must be clearly given, voluntarily and affirmatively, and cannot be inferred from silence, lack of resistance, or submission. Justice L’Heureux-Dubé, in a widely cited concurring opinion, strongly criticized the lower courts for using outdated and sexist assumptions about how victims “should” behave. The judgment was a significant moment in Canadian criminal law, reinforcing a feminist approach to consent and personal autonomy.
Prosecutor v. Jean-Paul Akayesu, International Criminal Tribunal for Rwanda (ICTR):
The case of Prosecutor v. Jean-Paul Akayesu was a landmark trial before the International Criminal Tribunal for Rwanda (ICTR), arising from the 1994 Rwandan genocide. Akayesu, a former mayor, was accused of participating in and encouraging widespread attacks against the Tutsi population in his commune. Crucially, the prosecution presented evidence that women were subjected to systematic sexual violence, including rape, often in or near his office with his knowledge. For the first time in international law, the tribunal recognised rape and sexual violence as acts of genocide and crimes against humanity. The Court held that such acts were not incidental, but part of a calculated effort to destroy the Tutsi community. This judgment marked a groundbreaking shift in international criminal law by acknowledging the role of sexual violence as a tool of war and ethnic cleansing. It set a powerful precedent for future prosecutions and integrated feminist legal perspectives into the core of international justice.
Conclusion
Feminism has emerged as a powerful force that reshapes the foundations of global relations by challenging traditional power structures and advocating for equity, dignity, and inclusion. No longer confined to domestic legal reforms or social activism, feminist thought now actively influences how nations engage with one another, how laws are interpreted, and how institutions respond to global challenges. Through international treaties like CEDAW, resolutions such as UNSC 1325, and the growing adoption of feminist foreign policies, feminism has carved a permanent space in the realm of international law and diplomacy. The shift is evident in the way global institutions address gender-based violence, ensure women’s participation in peace processes, and incorporate intersectional approaches to policymaking. Feminist legal theory does not seek to invert power dynamics but rather to dismantle unequal systems and rebuild them on the principles of justice and empathy. As the world continues to grapple with conflict, inequality, and human rights violations, feminism offers not just critique but constructive solutions. Its influence on global relations is not only necessary but it is transformative, paving the way toward a more inclusive and equitable international order.
FAQS
What role does feminism play in global governance and international law?
Feminism intersects with international law by pushing for gender equality in legal standards, treaties, and policymaking. It challenges traditional, male-dominated approaches to global governance and introduces perspectives that prioritize inclusivity, human rights, and the lived experiences of women and marginalized groups.
Is feminism only about women’s rights in global relations?
While feminism strongly advocates for women’s rights, it also addresses broader issues of inequality, power imbalance, and systemic discrimination. It promotes intersectional justice, recognizing that gender intersects with race, class, nationality, and more in shaping global experiences and policies.
Can feminism impact peace and security issues on a global scale?
Yes. Feminism plays a key role in the Women, Peace, and Security agenda, especially through UN Resolution 1325. It emphasizes the importance of involving women in conflict resolution, peace negotiations, and post-war reconstruction to achieve sustainable peace.
How does feminist theory affect international criminal justice?
Feminist legal theory has helped establish that crimes like rape and sexual violence are not secondary but central to international crimes. Landmark cases, such as Akayesu, have recognized gender-based violence as acts of genocide and crimes against humanity.
What is feminist foreign policy, and why is it significant?
Feminist foreign policy is an approach that places gender equality and human rights at the heart of a country’s international relations. First adopted by Sweden, it influences how countries make decisions about diplomacy, aid, security, and trade, aiming to build more peaceful and just global systems.
Sources
https://peacekeeping.un.org/en/20-years-of-women-peace-and-security
https://blog.ipleaders.in/vishaka-ors-vs-state-of-rajasthan-ors-1997/
https://www.leaf.ca/case_summary/r-v-ewanchuk-1999/#:~:text=The%20Court%20clearly%20stated%20that,Ewanchuk%20of%20sexual%20assault.
https://www.leaf.ca/case_summary/r-v-ewanchuk-1999/
https://www.internationalcrimesdatabase.org/Case/50/Akayesu/
https://scholarship.law.georgetown.edu/context/facpub/article/2142/viewcontent/14YaleJLFeminism345.pdf
https://peacekeeping.un.org/en/20-years-of-women-peace-and-security
https://blogs.worldbank.org/en/developmenttalk/indian-womens-long-journey-towards-equality-law-and-practice