Cultural Rights Vs. Women’s Rights: How do we strike a balance?

Image courtesy of: http://www.pakistanlaw.net
Image courtesy of: http://www.pakistanlaw.net

This is a paper I wrote for one of my modules last term for MA International Politics and Human Rights, I enjoyed researching for it and writing it so much that I think it will be a waste not to share it with you. Here is a shortened version of it, hope you like it and your comments are deeply appreciated: 

 

In an ideal world all human beings will be treated equally, regardless of their gender or ethnicity. In fact, article 2 of the Universal Declaration of Human Rights states: “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” However in reality this is not practiced. The universality of human rights, especially when it comes to women’s rights, is lost in the realm of cultural relativism. Drawing from Bunch’s (1990) observation that gender related abuses have been most neglected, I believe that cultural and religious group rights are given more recognition than women’s rights. In this essay I will set forth various theoretical claims and practical cases to argue my point that in reality cultural rights are given a higher grounding than women’s rights, specifically in the Middle East and Asia, but also in Africa and in some cases in the West. I will also look at various approaches that may help in rectifying these challenges.

Before I discuss the challenges I will look at the background of both cultural and religious groups rights and women’s rights. Will Kymlicka (1995) lays down two different kinds of group rights. The first is minority rights that protects the interests of their members and secondly rights which impose restrictions on its members, such as some cultural groups that set prohibitions and regulations on women. Kymlicka supports the first kind of rights but regards the second kind as “difficult” (cited in Anthias 2002: 280). It is one of those situations that whatever approach you choose to support there is always a negative aspect to it. If you oppose the second kind of rights you are demeaning the autonomy of a culture: “rejecting the cultural rules of a minority” (Anthias 2002:280). However if you ignore that these cultural impositions are abusing individual human rights then where does that make you stand? For instance, if you ignore the very brutal practice of female genital mutilation just because it is a cultural practice, does not that make you as ignorant as those practicing it? I will dwell on this further when I discuss how the human rights of women are abused in the name of culture.

Continue reading “Cultural Rights Vs. Women’s Rights: How do we strike a balance?”

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