The Social Practice of Securitizing Women’s Rights and Gender Equality: 1325 Fifteen Years On

2015 ◽  
pp. 167-184
Author(s):  
Natalie Florea Hudson

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.


Author(s):  
Marziyeh Bakhshizadeh

This chapter offers an understanding of women's rights and gender equality based on three interpretations of Islam within the context of post-revolutionary Iran. The debate among different interpretations of Islam provides a foundation for the investigation of women's rights and gender equality in various readings of Islam not only in the regional dimensions of Iran, but also in the Islamic world. While some studies and academic discussions tend to use the term fundamentalism to refer to religious revival movements, particularly within Islamic traditions, such discussions often fail to distinguish reformist and other movements within Islam, therefore identifying all Islamic revival movements as fundamentalist or as part of fundamentalist movements.


Author(s):  
Susan Millns ◽  
Charlotte Skeet

Abstract This article analyzes women’s contemporary use of rights to mobilize and pursue claims for gender equality and gender justice in the United Kingdom. Empirically, the paper explores the growth of rights discourse and activity against the backdrop of a stronger constitutionalization of women’s rights at national, European, and international levels. It does this through an exploration of individual and collective lobbying and litigation strategies in relation to violence against women. The paper first examines this in the context of the right to bodily integrity through examples of the ways in which sexual violence and domestic abuse are addressed within the criminal justice system. The paper then addresses the right to be free from violence for women seeking refuge and asylum. The research reveals the need for varied strategies that target all aspects of the legal and political systems in order to ameliorate the protection and implementation of women’s rights.


2018 ◽  
Vol 32 (1&2) ◽  
Author(s):  
Muna B Ndulo

This article examines the challenges legal pluralism poses in legal systems, especially in relation to conflicts between customary norms and the Bill of Rights and the need to contextualise customary law in order to resolve the need to adapt it to changing societal needs and values. The article focuses on African customary law, African legal systems and women’s rights because it is a burning issue in Africa and was the subject-matter in several of the cases that came before the South African Constitutional Court during the time Justice Ngcobo was on the Court. Cases involving conflicts between customary law and gender rights are not unique to South Africa. These are issues that have engaged African courts and those elsewhere in the world. In Africa, the coexistence of customary law and received law is as old as colonial rule. Like all other systems of law, customary law has been influenced by various other forces in an ever-changing world. The article focuses on customary law and women’s rights. Justice Ngcobo’s approach to resolving conflicts between customary law and the Bill of Rights in constitutions is instructive and makes a significant contribution to the jurisprudence in this area of the law. In his opinions on customary law, especially in the Bhe case, he implores us to look at the social context in which customary rules originated and, before discarding them, to examine the possibility of developing them to meet the changing needs and circumstances of society.


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