Ḥaḍāna Practices in Tunisia: Between Women’s Rights and the Best Interest of the Child, 1956–2019

Hawwa ◽  
2020 ◽  
Vol 18 (2-3) ◽  
pp. 194-225
Author(s):  
Maaike Voorhoeve

Abstract This article examines how Tunisian judges since independence deal with childcare cases upon divorce. As a legal ethnographic study of ḥaḍāna (child custody) in contemporary Tunisia, this study aims to contribute to the existing literature on judicial practice in Muslim contexts. The article aims to reveal these judges’ understandings of child custody, of women’s and men’s roles in childcare, and of the rights and interests of children and how this understanding developed over time.

Author(s):  
Laura J. Shepherd

The WPS agenda is usually described in terms of four “pillars” of activity: the participation of women in peace and security governance; the prevention of violence and conflict; the protection of women’s rights and bodies; and gender-sensitive relief and recovery programming. Over time, however, the emphasis given to each of these pillars has varied, and different actors have supported different initiatives under each pillar, with different political effects. The story of tension evident in the data collected or co-produced is primarily articulated in this chapter in terms of imbalance across the various pillars (which in itself is interesting, as it presupposes the virtue or desirability of balance). Further, tensions and pressure points are politically and strategically deployed as rationales for (limited) engagement across the agenda as a whole by certain actors.


2020 ◽  
pp. 354-360
Author(s):  
С. І. Гіряк

The relevance of the article is that at the present stage of development of criminal law counteraction to violations of women’s rights, recognizing the need to build a comprehensive system of legal protection against violence in the field of gender equality using existing positive developments in this field, foreign criminologists should not seek direct borrowing. their proposed forms and methods of combating crimes against women’s rights. This issue is also highlighted by the focus on achieving maximum effect in the prevention of gender crimes, which requires the legislator serious theoretical training and adaptation of various measures to prevent violence against women, taking into account the specifics of the legal mentality in the context of general criminal policy trends. The article examines the international legal foundations of the criminal legal counteraction to the violation of the rights and interests of women in Ukraine, presents the characteristics of the influence of acts of international law on the criminal legal mechanisms of combating crime in the field of violation of women’s rights. It is shown that the international legal framework for the criminalization of violations of the rights and interests of women in Ukraine, which boil down to crimes of the status of crimes against humanity, the recognition of the crime of sexual violence, regardless of the marriage and family relations of the victim and the perpetrator, regulation of the inadmissibility of discrimination on the basis of sex, the invalidation of which would be Whatever factors in justifying gender-based violence, the formation at the international level of special respect and protection of women’s rights, make it possible to substantiate the admissibility of the application in national legislation of the most severe criminal-legal measures in the field of combating violent crimes against women’s rights in the context of ensuring personal freedom in the context of modern global trends in strengthening the protection of human rights.


2018 ◽  
Vol 14 (1) ◽  
pp. 3-24 ◽  
Author(s):  
Marlene Schäfers

AbstractWomen’s rights and human rights projects in Turkey and elsewhere routinely construe and celebrate subaltern voice as an index of individual and collective empowerment. Through an ethnographic study of Kurdish women singers’ (dengbêjs) efforts to engage in their storytelling art in Turkey, this article questions the equation between “raising one’s voice” and having agency. It investigates two concrete instances in 2012, in Istanbul and Van, where Kurdish women publicly raised their voices. It shows that public audibility does not necessarily translate into agency, because these spaces, like most, discipline voices ideologically and sonically. Audibility is not a neutral achievement but an ideologically structured terrain that shapes voices and regulates whether and how they are heard and recognized. Voices routinely have ambiguous and even contradictory effects once they become audible in public. It is not simply a matter of “having voice” or “being silenced.”


Religions ◽  
2021 ◽  
Vol 12 (7) ◽  
pp. 535
Author(s):  
Ali Akbar

Ayatollah Yusef Sanei was a prominent contemporary Shia scholar whose particular methodological approach led him to issue some of the most progressive Shia fatwas on the subject of women’s rights. However, the ideas he expressed in the last decades of his life have scarcely been addressed in the English language scholarship. This article explores Sanei’s broader jurisprudential approach and how he applied it to analyzing and often challenging traditional Shia rulings related to gender issues. The article first differentiates Sanei’s approach towards jurisprudence from established methodologies, particularly in relation to his consideration of the Sunna as secondary to the Qurʾān, his rejection of the practice of using consensus as an independent basis of legal rulings, his idea that Sharia rulings may change over time, and his strong emphasis on the Qurʾān’s messages of justice and human dignity. The article illuminates how this combination led Sanei to challenge traditional ideas about men’s authority over women, a fixed socio-political role for women, and men’s superiority in the areas of divorce rights, testimony and worth in blood money (dīya), while concurring with earlier scholars on the unequal division of inheritance. Notwithstanding this latter exception, the article demonstrates that Sanei drew upon jurisprudential approaches in arguing in favor of equality between men and women in many areas.


1999 ◽  
Vol 17 (2) ◽  
pp. 315-318 ◽  
Author(s):  
Eileen Spring

Wright's article has two themes running through it: a discussion of the meaning of De Manneville and a history of custody in England from medieval times onward set against historians' theories of family development. Comment on her article then is best divided into two parts. I begin with her wide-ranging history, for here she makes an indisputable contribution to women's history that needs only notice and emphasis.


2020 ◽  
pp. 117-145
Author(s):  
Klisala Harrison

What is the relationship between the human rights deficits contexts that activist music initiatives emerge in and react to, and the human rights promoted through new musical actions? This chapter considers this question through the case studies of two women-centered projects: a once-weekly music program called Women Rock and an annual protest called the Women’s Memorial March. While Women Rock develops capabilities of women in popular music performance and songwriting, the memorial march uses music to protest missing and murdered women of the Downtown Eastside. Both events address women’s rights deficits. These ethnographic accounts reveal that one needs to be careful in assuming that the human rights actually promoted within cultural practices are precisely the same rights as those drawn attention to in activist discourses or observations used to motivate those actions, and with the same intensity, for the same reasons or for the same people. Any of these factors may be different and change over time. Importantly, musical and cultural formats can themselves shape human rights outcomes.


2005 ◽  
Vol 47 (3) ◽  
pp. 35-68 ◽  
Author(s):  
Merike H. Blofield ◽  
Liesl Haas

AbstractThis article evaluates 38 bills seeking to expand women's rights in Chile and finds that the successful ones often originated with the Executive National Women's Ministry (SERNAM), did not threaten existing definitions of gender roles, and did not require economic redistribution. These factors (plus the considerable influence of the Catholic Church) correlate in important ways, and tend to constrain political actors in ways not apparent from an examination of institutional roles or ideological identity alone. In particular, the Chilean left's strategic response to this complex web of interactions has enabled it to gain greater legislative influence on these issues over time.


Sign in / Sign up

Export Citation Format

Share Document