Different but Free: Cultural Relativism and Women’s Rights as Human Rights

1999 ◽  
pp. 79-90 ◽  
Author(s):  
Radhika Coomaraswamy
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Cultural Relativism ◽  
Women’S Rights

Women’s Constitutional Rights

2021 ◽  
pp. 176-212
Author(s):  
Berihun Adugna Gebeye
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Women's Rights ◽  
Cultural Relativism ◽  
Women’S Rights ◽  
Constitutional Rights ◽  
Substantive Content ◽  
General Investigation ◽  
Standard Of Comparison ◽  
Design And Practice

This chapter explains how legal syncretism influences and manifests itself in the design and practice of constitutional rights—with a particular focus on women’s rights—in the constitutional systems of Nigeria, South Africa, and Ethiopia. The chapter demonstrates how the interaction between the liberal and indigenous conceptions of rights in a constitutional space produces unique regimes of women’s rights in these countries. The chapter first presents a brief theory of women’s rights as a standard of comparison and evaluation; this is done through a more general investigation of women’s rights in international law. This is then followed by a more focused discussion of women’s constitutional rights in Nigeria, South Africa, and Ethiopia. Such discussion explores the substantive content and the way in which women’s rights are constitutionalized, as well as their practical and judicial applications. The syncretic nature of women’s rights in these countries sheds some light on the importance of looking beyond the universalism versus cultural relativism debate when trying to enforce human rights in Africa.

2. Feminist and Activist Approaches to Human Rights

2016 ◽  
Author(s):  
Ackerly Brooke
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Political History ◽  
Theory And Practice ◽  
Cultural Relativism ◽  
Women’S Rights ◽  
Moral Legitimacy ◽  
Marginalized Groups ◽  
History Of

This chapter explores the theoretical and political history of human rights that emerges out of the struggles that have been waged by feminists and other non-elites. It first considers the bases for the moral legitimacy of human rights and challenges to those arguments before discussing three aspects of feminist approaches to human rights: their criticism of some aspects of the theory and practice of human rights, their rights claims, and their conceptual contributions to a theory of human rights. It then examines the ways in which feminists and other activists for marginalized groups have used human rights in their struggles and how such struggles have in turn shaped human rights theory. It also analyses theoretical and historical objections to the universality of human rights based on cultural relativism. Finally, it shows that women’s rights advocates want rights enjoyment and not merely entitlements.

Women's Rights, Human Rights and Domestic Violence in Vanuatu

1996 ◽  
Vol 52 (1) ◽  
pp. 169-190 ◽  
Author(s):  
Margaret Jolly
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Women's Rights ◽  
Domestic Politics ◽  
Historical Context ◽  
Cultural Relativism ◽  
Women’S Rights ◽  
Political Rights ◽  
Recent Debate ◽  
The Individual

There has been much recent debate about women's rights and their relation to human rights. Debates about domestic violence in Vanuatu are situated in this global frame but also in a regional and historical context dominated by the relation between kastom (tradition) and Christianity. This article depicts the dynamics of a conference on Violence and the Family in Vanuatu held in Port Vila in 1994, in terms of the competing claims of universal human rights and cultural relativism. The allegedly western character of human rights which focus on the individual and civil and political rights is often contrasted with the non-western stress on collectivities and the rights to economic development and self-determination. These sorts of ideological oppositions in international politics reverberate in domestic politics as well, and especially in those which situate women and men as subjects in conflict, as they are in many domestic disputes.

Islam, Gender, and Democracy in Comparative Perspective

2017 ◽  
Keyword(s):  
Human Rights ◽  
Comparative Literature ◽  
Gender Equality ◽  
Gender Inequality ◽  
Women's Rights ◽  
Women’S Rights ◽  
Muslim Countries ◽  
And Gender ◽  
Shed Light

This volume reframes the debate around Islam and women’s rights within a broader comparative literature. It examines the complex and contingent historical relationships between religion, secularism, democracy, law, and gender equality. Part I addresses the nexus of religion, law, gender, and democracy through different disciplinary perspectives (sociology, anthropology, political science, law). Part II localizes the implementation of this nexus between law, gender, and democracy, and provides contextualized responses to questions raised in Part I. The contributors explore the situation of Muslim women’s rights vis-à-vis human rights to shed light on gender politics in the modernization of the nation and to ponder over the role of Islam in gender inequality across different Muslim countries.

Human rights and women's rights

Midwifery ◽  
2003 ◽  
Vol 19 (4) ◽  
pp. 249 ◽  
Author(s):  
Ann Thomson
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Women’S Rights

Hina Jilani on her Satyagraha for Women’s Rights in Pakistan

2016 ◽  
Vol 1 (2) ◽  
pp. 246-253
Author(s):  
Juanita Kakoty
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Women's Movement ◽  
Military Regime ◽  
Women’S Rights ◽  
Political Climate ◽  
Women And Girls ◽  
Rights Consciousness

This piece is based on a conversation the author had with lawyer and human rights activist from Pakistan, Hina Jilani, in May 2016. It captures Jilani’s account of the ‘Satyagraha’ she has waged in her lifetime for the rights of women in her country; and as she narrates her story, she interweaves it with the ‘Satyagraha’ that shaped the women’s movement in Pakistan. One can read here about Jilani’s struggle for truth, for a human rights consciousness in a political climate of military regime; and how she challenged courts in the country to step outside the realm of conventional law and extend justice to women and girls. And in the process, learn that her struggle for truth has been intertwined with that of the women’s movement in the country.

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