Gender, Culture and Human Rights

Gender, Culture and Human Rights PDF

Author: Siobhán Mullally

Publisher: Bloomsbury Publishing

Published: 2006-05-26

Total Pages: 306

ISBN-13: 1847311555

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In recent years, feminist theory has increasingly defined itself in opposition to universalism and to discourses of human rights. Rejecting the troubled legacies of Enlightenment thinking, feminists have questioned the very premises upon which the international human rights movement is based. Rather than abandoning human rights discourse, however, this book argues that feminism should reclaim the universal and reconstruct the theory and practice of human rights. Discourse ethics and its post-metaphysical defence of universalism is offered as a key to this process of reconstruction. The implications of discourse ethics and the possibility of reclaiming universalism are explored in the context of the reservations debate in international human rights law and further examined in debates on women's human rights arising in Ireland, India and Pakistan. Each of these states shares a common constitutional heritage and, in each, religious-cultural claims, intertwined with processes of nation-building, have constrained the pursuit of gender equality. Ultimately, this book argues in favour of a dual-track approach to cultural conflicts, combining legal regulation with an ongoing moral-political dialogue on the scope and content of human rights.

Gender, Justice, and the Problem of Culture

Gender, Justice, and the Problem of Culture PDF

Author: Dorothy L. Hodgson

Publisher: Indiana University Press

Published: 2017-03-27

Total Pages: 204

ISBN-13: 0253025478

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An analysis of the relationships between law, custom, gender, marriage and justice among northern Tanzania’s Maasai communities. When, where, why, and by whom is law used to force desired social change in the name of justice? Why has culture come to be seen as inherently oppressive to women? In this finely crafted book, Dorothy L. Hodgson examines the history of legal ideas and institutions in Tanzania—from customary law to human rights—as specific forms of justice that often reflect elite ideas about gender, culture, and social change. Drawing on evidence from Maasai communities, she explores how the legacies of colonial law-making continue to influence contemporary efforts to create laws, codify marriage, criminalize FGM, and contest land grabs by state officials. Despite the easy dismissal by elites of the priorities and perspectives of grassroots women, she shows how Maasai women have always had powerful ways to confront and challenge injustice, express their priorities, and reveal the limits of rights-based legal ideals. “This is a book that only Dorothy Hodgson could have written, with her decades of work in Tanzania, vast networks in Maasailand, and deep ethnographic knowledge, combined with her deftness in working through more theoretical work on gender and human rights. Closely argued, conceptually sharp, and engagingly written.” —Brett Shadle, author of Girl Cases: Marriage and Colonialism in Gusiiland, Kenya, 1890-1970 “Dorothy Hodgson asks a number of important and clearly articulated questions, and provides thoughtful answers to them using a hybrid of historical and anthropological methodologies that combine in-depth case studies with more empirically-informed macro-level reflection. A concise and useful resource in the undergraduate as well as the graduate classroom.” —Priya Lal, author of African Socialism in Postcolonial Tanzania: Between the Village and the World “Gender, Justice, and the Problem of Culture makes a significant contribution to the study of law in East Africa and elsewhere among colonized peoples, and it should be required reading not only for academics interested in such matters but for activists and policymakers.” —American Anthropologist “Hodgson’s book is both rich in detail and broad in its implications for understanding struggles for justice for marginalised groups. It deserves the attention of students and scholars of African studies, anthropology, history, political science and women’s and gender studies.” —Journal of Modern African Studies

Human Rights & Gender Violence

Human Rights & Gender Violence PDF

Author: Sally Engle Merry

Publisher: University of Chicago Press

Published: 2009-07-27

Total Pages: 280

ISBN-13: 0226520757

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Human rights law and the legal protection of women from violence are still fairly new concepts. As a result, substantial discrepancies exist between what is decided in the halls of the United Nations and what women experience on a daily basis in their communities. Human Rights and Gender Violence is an ambitious study that investigates the tensions between global law and local justice. As an observer of UN diplomatic negotiations as well as the workings of grassroots feminist organizations in several countries, Sally Engle Merry offers an insider's perspective on how human rights law holds authorities accountable for the protection of citizens even while reinforcing and expanding state power. Providing legal and anthropological perspectives, Merry contends that human rights law must be framed in local terms to be accepted and effective in altering existing social hierarchies. Gender violence in particular, she argues, is rooted in deep cultural and religious beliefs, so change is often vehemently resisted by the communities perpetrating the acts of aggression. A much-needed exploration of how local cultures appropriate and enact international human rights law, this book will be of enormous value to students of gender studies and anthropology alike.

Women, Law and Culture

Women, Law and Culture PDF

Author: Jocelynne A. Scutt

Publisher: Springer

Published: 2017-02-17

Total Pages: 325

ISBN-13: 3319449389

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This book explores cultural constructs, societal demands and political and philosophical underpinnings that position women in the world. It illustrates the way culture controls women's place in the world and how cultural constraints are not limited to any one culture, country, ethnicity, race, class or status. Written by scholars from a wide range of specialists in law, sociology, anthropology, popular and cultural studies, history, communications, film and sex and gender, this study provides an authoritative take on different cultures, cultural demands and constraints, contradictions and requirements for conformity generating conflict. Women, Law and Culture is distinctive because it recognises that no particular culture singles out women for 'special' treatment, rules and requirements; rather, all do. Highlighting the way law and culture are intimately intertwined, impacting on women – whatever their country and social and economic status – this book will be of great interest to scholars of law, women’s and gender studies and media studies.

Gender and Human Rights Politics in Japan

Gender and Human Rights Politics in Japan PDF

Author: Jennifer Chan-Tiberghien

Publisher: Stanford University Press

Published: 2004

Total Pages: 256

ISBN-13: 9780804750226

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This book examines the impact of global human rights norms on the development of women's, children's, and minority rights in Japan since the early 1990s.

Interrogating Harmful Cultural Practices

Interrogating Harmful Cultural Practices PDF

Author: Chia Longman

Publisher: Routledge

Published: 2016-03-09

Total Pages: 223

ISBN-13: 1317113403

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This volume explores a variety of ’harmful cultural practices’: a term increasingly employed by organizations working within a human rights framework to refer to certain discriminatory practices against women in the global South. Drawing on recent work by feminists across the social sciences, as well as activists from around the world, this volume discusses and presents research on practices such as veiling, forced marriage, honour related and dowry violence, female genital ’mutilation’, lip plates and sex segregation in public space. With attention to the analytic utility of the notion of harmful cultural practices, this volume explores questions surrounding the contribution of feminist thought to international and NGO policies on such practices, whether western beauty practices should be analysed in similar terms, or should the notion as such from an anthropological perspective be rejected, how harmful cultural practices relate to processes of culturalization, religionization and secularization, and how they can be challenged, come to transform and disappear. Presenting concrete, empirical case studies from Africa, South East Asia, Europe and the UK Interrogating Harmful Cultural Practices will be of interest to scholars of sociology, anthropology, development and law with interests in gender, the body, violence and women’s agency.

Women's Rights, Human Rights

Women's Rights, Human Rights PDF

Author: J. S. Peters

Publisher: Routledge

Published: 2018-05-11

Total Pages: 383

ISBN-13: 1317325486

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This comprehensive and important volume includes contributions by activists, journalists, lawyers and scholars from twenty-one countries. The essays map the directions the movement for women's rights is taking--and will take in the coming decades--and the concomittant transformation of prevailing notions of rights and issues. They address topics such as the rapes in former Yugoslavia and efforts to see that a War Crimes Tribunal responds; domestic violence; trafficking of women into the sex trade; the persecution of lesbians; female genital mutilation; and reproductive rights.

A Woman’s Right to Culture

A Woman’s Right to Culture PDF

Author: Linda L. Veazey

Publisher: Quid Pro Books

Published: 2015-11-01

Total Pages: 184

ISBN-13: 161027315X

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A Woman’s Right to Culture: Toward Gendered Cultural Rights is a new and insightful analysis of the usual meme that cultural rights in international law are at odds with the rights of women in affected societies. Rather than seeing these concepts as mutually exclusive, Linda Veazey frames cultural rights — through detailed case studies and analysis of law — in a way that incorporates and enriches the very gender-protective norms they are often thought to defeat. Adding a Foreword by University of Southern California professor Alison Dundes Renteln, the study makes the case, and supports it with illustrations over several continents and cultures, that the only way out of the dilemma is to have a gendered conception of cultural rights. The book, writes Renteln, “provides a novel interpretation of women’s human rights. This superb monograph written by political scientist and human rights advocate Dr. Linda Veazey is cutting-edge research in sociolegal scholarship concerning the status of global feminism.” Renteln concludes that the author “shows convincingly that scholars and advocates must take greater care in analyzing policy debates in the light of competing international human rights claims. In her engaging work, Veazey makes an important contribution to legal theory, public law, feminist studies, political science, and human rights scholarship. Her fascinating analysis of the interrelationship between women’s rights and cultural rights will undoubtedly be considered a classic. There is simply no book like it.” A new and important book in international human rights, and gender studies, from the independent academic press Quid Pro Books.

Gender and Culture at the Limit of Rights

Gender and Culture at the Limit of Rights PDF

Author: Dorothy L. Hodgson

Publisher: University of Pennsylvania Press

Published: 2011-05-17

Total Pages: 308

ISBN-13: 0812204611

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An interdisciplinary collection, Gender and Culture at the Limit of Rights examines the potential and limitations of the "women's rights as human rights" framework as a strategy for seeking gender justice. Drawing on detailed case studies from the United States, Africa, Latin America, Asia, and elsewhere, contributors to the volume explore the specific social histories, political struggles, cultural assumptions, and gender ideologies that have produced certain rights or reframed long-standing debates in the language of rights. The essays address the gender-specific ways in which rights-based protocols have been analyzed, deployed, and legislated in the past and the present and the implications for women and men, adults and children in various social and geographical locations. Questions addressed include: What are the gendered assumptions and effects of the dominance of rights-based discourses for claims to social justice? What kinds of opportunities and limitations does such a "culture of rights" provide to seekers of justice, whether individuals or collectives, and how are these gendered? How and why do female bodies often become the site of contention in contexts pitting cultural against juridical perspectives? The contributors speak to central issues in current scholarly and policy debates about gender, culture, and human rights from comparative disciplinary, historical, and geographical perspectives. By taking "gender," rather than just "women," seriously as a category of analysis, the chapters suggest that the very sources of the power of human rights discourses, specifically "women's rights as human rights" discourses, to produce social change are also the sources of its limitations.