The recent global movement for women's human rights has achieved considerable re-thinking of human rights as previously understood. Since many of women's rights violations occur in the private sphere of family life, and are justified by appeals to cultural or religious norms, both families and cultures (including their religious aspects) have come under critical scrutiny.

This article draws on core insights of critical realism to explain why the international diffusion of women's human rights norms has varied greatly from one state to another and why states in general have been slower to incorporate these norms domestically than other human rights norms. Its central argument is that the gender-biased corporate identity of many states represents the most significant barrier to diffusion. However, it also shows that particular norms have been incorporated into (...) particular states at particular points in time as a consequence of articulated international and domestic pressure from a variety of actors. It begins by examining the limitations of existing explanations of international norms before developing an alternative critical realist argument to explain cross-national variation in the diffusion and efficacy of international norms of sexual non-discrimination. Through the cases of Germany and Japan, it demonstrates how the diffusion of these norms is conditioned and more often than not impeded by the dynamic interplay between various international and domestic structures and agents, discourse, and power. Finally, it briefly discusses the theoretical and practical implications of the argument. (shrink)

This article draws on core insights of critical realism to explain why the international diffusion of women's human rights norms has varied greatly from one state to another and why states in general have been slower to incorporate these norms domestically than other human rights norms. Its central argument is that the gender-biased corporate identity of many states represents the most significant barrier to diffusion. However, it also shows that particular norms have been incorporated into (...) particular states at particular points in time as a consequence of articulated international and domestic pressure from a variety of actors. It begins by examining the limitations of existing explanations of international norms before developing an alternative critical realist argument to explain cross-national variation in the diffusion and efficacy of international norms of sexual non-discrimination. Through the cases of Germany and Japan, it demonstrates how the diffusion of these norms is conditioned and more often than not impeded by the dynamic interplay between various international and domestic structures and agents, discourse, and power. Finally, it briefly discusses the theoretical and practical implications of the argument. (shrink)

How can women’s rights be seen as a universal value rather than a Western value imposed upon the rest of the world? Addressing this question, Eileen Hunt Botting offers the first comparative study of writings by Mary Wollstonecraft and John Stuart Mill. Although Wollstonecraft and Mill were the primary philosophical architects of the view that women’s rights are human rights, Botting shows how non-Western thinkers have revised and internationalized their original theories since the nineteenth century. Botting (...) explains why this revised and internationalized theory of women’s human rights—grown out of Wollstonecraft and Mill but stripped of their Eurocentric biases—is an important contribution to thinking about human rights in truly universal terms. (shrink)

This text addresses the issue of women's human rights and defends their sensitive or receptive application to the socio-political context. The value of women's human rights is recognized as instruments of social transformation, but also the limitations of a legal-legalistic conception. A broader political conception is required. Following Ch. Beitz, who defines human rights as global discursive and political practices whose objective is to regulate the behaviour of States and protect human (...) interests, a non sceptical criticism of this conception is made. The application of the human rights of women by States without considering the previous social and political structure can unintentionally reinforce the situation of oppression they suffer. In this sense, it is committed to the need to focus the human rights of women not only as protections, but also as demands. Demands that come from new forms of feminist activism such as decolonial or antineoliberal. Without renouncing the idea of women's human rights, it is committed to an application sensitive to claims and critical of the social and political context, combining short-range affirmative policies with long-range transformative policies. (shrink)

In our era of globalization, migration increasingly enforces cultural heterogeneity at the level of single societies and countries mirroring the cultural heterogeneity at the macroscopic level, i.e. the planet. Thus, the question of intercultural understanding and coexistence not only is crucial when it comes to states, but is increasingly gaining in importance in terms of identifying preconditions that enable individuals from various cultural backgrounds to share one commonwealth. At present, a growing number of people are convinced that this challenge is (...) not easily met due to what are believed to be fundamental moral disagreements between ‘western’ and ‘non-western’ (in particular, Islamic) culture(s). Against this background, different proposals have been provided to rise to the above-mentioned challenge. One of them is to allow for ‘cultural’ justifications in matters of criminal law. In this article I try to outline the state of discussion on claims for a ‘cultural defense’ by identifying and analysing three distinct rationales: the argument from pluralism; the argument from fairness; and the argument from necessity. Finally, I critically reflect on them from a human rights perspective. (shrink)

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. (shrink)

: Simone de Beauvoir offers an important contribution to discourse on universal human rights. Her descriptive ontology of persons as free, interdependent, and sit-uated in a world that offers resistance brings the discussion of human rights to a new level that also converges with some African perspectives. I claim that Beauvoir is able to defend universal human rights and, moreover, justify moral action against human rights abuses by showing the existential priority of (...) ontological freedom. (shrink)

Simone de Beauvoir offers an important contribution to discourse on universal human rights. Her descriptive ontology of persons as free, interdependent, and situated in a world that offers resistance brings the discussion of human rights to a new level that also converges with some African perspectives. I claim that Beauvoir is able to defend universal human rights and, moreover, justify moral action against human rights abuses by showing the existential priority of ontological (...) freedom. (shrink)

Exposing food violences – hunger,malnutrition, and poisoning from environmentalmismanagement – requires policy action thatconfronts the structured invisibility of theseviolences. Along with the hidden deprivation offood is the physical and political isolation ofcritical knowledge on food violences and needs,and for policy strategies to address them. Iargue that efforts dedicated on behalf of ahuman right to food can benefit from thetheoretical analysis and activist work of theinternational Women's Rights are Human Rights(WRHR) movement. WRHR focuses on women andgirls; the (...) food rights movement operates onbehalf of all people, with an emphasis on thepoor. Both attend to the protection of bodilyintegrity against physical and psychicviolences. Both cope with bodily violences thatare socially privatized and spatiallysegregated from public institutions of relief,that is, they are tacitly omitted from publicdiscourse and purview. Most typically, but notexclusively, these violences unfold in privatehousehold space. Both rights movements mustmobilize political rights to demand economicand social rights and security. I introduce theUnited Nations' early Declaration (1948) andCovenant (1966) language on the human right tofood and review problems of household accessand grassroots engagement that are ``writteninto'' this early documentation. An abbreviatedoverview of the WRHR movement describes how thepublic/private and economic/political rightsdichotomies have been critiqued andre-formulated. A case study set in Polandacross the transition from (more) communist to(more) capitalist political economies attemptsto illuminate the discussion through agrounded example. (shrink)

Since conflicts of human rights can be translated into conflicts of values, this article looks into the sources and extension of value pluralism for a better understanding of the sort of conflicts of human rights that women face in multicultural contexts. Furthermore, a proper understanding of personal autonomy as a founding value underlying individual rights can contribute to an interpretation of women's human rights that takes account of both their untouchable core as (...) well as their contextual meaning. As conflicts of fundamental rights most often take place in a scenario of strong pluralism, the article considers cases of conflicts of rights in multicultural societies focusing on the overlapping values to be balanced. Religious freedom, education, neutrality, equality or toleration are some of the issues to be addressed: all of these are important and should be evaluated considering their further implications for women as well as for the other individuals involved. (shrink)

In the twentieth century, the UN Declaration of 1948 is considered to be the international standard for universal human rights. In 1791, Olympe de Gouges critically analysed the French Declaration of Human Rights of 1789, and found that women were excluded from it.1 This paper is a critical examination of the 1948 UN Declaration, with equally troubling findings.

This is a review of historical developments in international criminal law leading up to the inclusion of rape as a "crime against humanity" in the current war crimes tribunal for the ex-Yugoslavia. In addition to the need to understand the specificity of events and their impact on women, the laws of war must also be understood in their specificity and the ways in which even the humanitarian provisions of those laws privilege military needs.

Significant improvements in human rights and democracy have been made since the adoption of the Universal Declaration of Human Rights by the United Nations in 1948. Yet, human rights, especially women's rights, are still being violated in many parts of the developing world. The adverse effects of such violations on women's and children's health are well known, but they are rarely measured. This study uses cross-national data from over 145 countries to (...) estimate the impact of democracy and respect for human rights on various measures of women's health while controlling for confounding socio-economic factors such as income, education, fertility and healthcare. It finds that democracy and regards for human rights contribute positively to women's health outcomes, as do socio-economic variables. (shrink)

In the following study the author goes back to the beginnings of the Women's Rights movements in order to pose the question on gender equality by approaching it through the prism of language as a powerful tool in human rights battles. This permits her to show the deep interrelation between women's struggle for recognition and some particular women rights, like the "feminization" of professional titles and the implementation of a gender sensitive language. Hence she (...) argues the thesis that even in the most advanced European democracies, where freedom of speech, education, and scientific research seem actually to be legally guaranteed as universal rights, there is still a deep conflict in regard to the use of language and also that we have throughout history backlashes, reproductions of past stereotypes, and a loss of women's rights which were previously acquired. (shrink)

The paper is in four parts. The first part offers a brief reminder of the historical context for human rights as women's rights. The second part notes the relative lack of attention in human rights theory to the roles of social meaning and what has been called the ‘social imaginary’. The third part suggests that the social imaginary — understood in terms of the always present backdrop to meaningful social action — may be seen (...) as a fruitful ‘middle ground’ upon which negotiations may take place between human rights and cultural norms. The fourth part examines a case where women's entitlements to basic human rights are compromised by men's claims to cultural or group rights. I conclude by arguing that if human rights are to accommodate women's rights then women must be recognized as legitimate stakeholders in, and valuable contributors to, the necessarily ongoing re-invention and recreation of social meaning and cultural identity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Human Rights and Women's RightsAngela KnobelMainstream feminists insist, with a degree of unanimity that is sometimes surprising, that access to abortion is an essential precondition of female equality. That feminism, which is in other respects so flexible, inclusive, and uncategorizable, should be so unyielding with respect to this particular issue seems surprising to many. It is especially surprising to those who, while sympathetic to other feminist (...) goals, also oppose abortion.1 Why is access to abortion so important? Why must one's views about the equality of women stand or fall on one's views about the value of unborn human life? If feminism has to have a flagship issue, why must that issue be abortion? In this paper, I will propose that Pierre Manent's Natural Law and Human Rights offers a possible answer to this question. I will argue that, to the extent that mainstream feminism assumes the truth of what Manent calls the "philosophy of human rights," it cannot not advocate abortion access. Similarly, I will argue that pro-life feminist attempts to defend the contrary position—namely, that abortion is antithetical to feminism—invariably assume the natural law that the philosophy of human rights rejects. My argument, if correct, suggests the pivot point in discussions of abortion and feminism occurs much further back than many acknowledge: in our very understanding of ourselves and our place in the world.In what follows I will first briefly summarize Manent's account of what he calls the "philosophy of human rights." With this background in place, [End Page 275] I will consider the mainstream feminist claim that access to abortion is a necessary precondition of female equality. When "equality" is understood through the lens of the philosophy of human rights, I argue, the mainstream feminist insistence on access to abortion becomes coherent: a feminism that assumes the truth of the philosophy of human rights cannot not insist on access to abortion. The pro-life feminist reply that abortion harms and oppresses women, by contrast, is coherent only to the extent one assumes the framework of natural law.2Natural Law or Human Rights?To believe in natural law is to believe that nature itself sets the standard for human life. What the "law" commands is simply action necessary for the realization of the potential implicit in our nature. Under such a framework, Manent notes, "natural inclinations and natural differences, if they exist, constitute a kind of language of nature."3 The fact that human beings are naturally rational or naturally social, or that biological males are (typically) attracted to biological women, helps provide insight into nature's "law": "Natural law issued commands in the name of a teaching implicit in human nature, in a tendency of human nature to society and to knowledge, or in a natural difference among ages, sexes, and capacities, a tendency or difference that reason once made explicit and on the basis of which it founded its commandments and recommendations."4 Nature's laws can be and frequently are violated: cultures or individuals can choose to live up to nature's laws or not. For this reason, Manent says that, under the traditional framework of natural law, human beings are "free under the law."5 Natural law is something we freely choose to follow or freely choose to reject, but because it stems from our human nature, it does not cease to bind even those who reject it.The philosophy of human rights, by contrast, accepts the notion of freedom but rejects the notion of any overarching "law" against which our free choices are to be measured. While the philosophy of natural law is rooted in the language of nature, and thus sees human beings as free "under the law" of nature, the philosophy of human rights puts freedom prior to [End Page 276] law and recognizes law only as a means of preserving freedom.6 While the philosophy of natural law understands individual human beings in terms of their human nature, and thus in terms of their natural inclinations and natural differences, the philosophy of human rights rejects the language of "nature" in favor of an "impoverished common denominator," namely equality... (shrink)

Freedom of religious expression is to many a fundamental element of their identity. Yet the jurisprudence of the European Court of Human Rights on the Islamic headscarf issue does not refer to autonomy and identity rights of the individual women claimants. The case law focuses on Article 9 of the European Convention on Human Rights, which provides a legal human right to freedom of religious expression. The way that provision is interpreted is critically contrasted (...) here with the right to personal autonomy and identity now developed by that court in interpreting Article 8 which contains a right to respect one’s private life. (shrink)

This article argues that women’s human rights were and are being violated in Afghanistan regardless of who governs the country: Kings, secular rulers, Mujahideen or Taliban, or the incumbent internationally backed government of Karzai. The provisions of the new constitution regarding women’s rights are analysed under three categories: neutral, protective and discriminatory. It is argued that the current constitution is a step in the right direction but, far from protecting women’s rights effectively, it requires substantial revamping. (...) The constitutional commitment to international human rights standards seems to be a hallow slogan as the constitution declares Islam as a state religion which clearly conflicts with women’s human rights standards in certain areas. The Constitution has empowered the Supreme Court to review whether human rights instruments are compatible with Islamic legal norms and, in case of conflict, precedence will be given to Islamic law. Keeping this in view, it is argued that Afghanistan’s ratification of the Women’s Convention without reservations has no real significance unless Islamic law dealing with women’s rights is reformed and reconciled with international women’s rights standards. (shrink)

This essay examines why the recent recognition of human rights violations against women, as exemplified by Amnesty International's 1995 report on women, remains bound to the limitations of traditional approaches to human rights. The essay argues that despite Amnesty International's commitment to incorporating violations against women into its activities, it nevertheless upholds questionable assumptions about the gendered subject, gender relations within the family, and the relationship between the family and the state.

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. (shrink)

Appealing to reason rather than religious belief, this book is the most comprehensive case against the choice of abortion yet published. _The Ethics of Abortion_ critically evaluates all the major grounds for denying fetal personhood, including the views of those who defend not only abortion but also infanticide. It also provides several justifications for the conclusion that all human beings, including those in utero, should be respected as persons. This book also critiques the view that abortion is not wrong (...) even if the human fetus is a person. _The Ethics of Abortion_ examines hard cases for those who are prolife, such as abortion in cases of rape or in order to save the mother’s life, as well as hard cases for defenders of abortion, such as sex selection abortion and the rationale for being “personally opposed” but publically supportive of abortion. It concludes with a discussion of whether artificial wombs might end the abortion debate. Answering the arguments of defenders of abortion, this book provides reasoned justification for the view that all intentional abortions are morally wrong and that doctors and nurses who object to abortion should not be forced to act against their consciences. (shrink)

Appealing to reason rather than religious belief, this book is the most comprehensive case against the choice of abortion yet published. This _Second Edition_ of _The Ethics of Abortion _critically evaluates all the major grounds for denying fetal personhood, including the views of those who defend not only abortion but also post-birth abortion. It also provides several justifications for the conclusion that all human beings, including those in utero, should be respected as persons. This book also critiques the view (...) that abortion is not wrong even if the human fetus is a person. _The Ethics of Abortion _examines hard cases for those who are prolife, such as abortion in cases of rape or in order to save the mother’s life, as well as hard cases for defenders of abortion, such as sex selection abortion and the rationale for being "personally opposed" but publically supportive of abortion. It concludes with a discussion of whether artificial wombs might end the abortion debate. Answering the arguments of defenders of abortion, this book provides reasoned justification for the view that all intentional abortions are ethically wrong and that doctors and nurses who object to abortion should not be forced to act against their consciences. Updates and Revisions to the Second Edition include: -A response to Alberto Giubilini’s and Francesca Minerva’s now famous 2012 article, "After-Birth Abortion" in the _Journal of Medical Ethics _ -Responses to new defenses of Judith Jarvis Thomson’s violinist argument -The addition of a new chapter on gradualist views of fetal moral worth, including Jeff McMahan’s Time-Relative Interest Account -The addition of a new chapter on the conscience protection for health care workers who are opposed to abortion -Responses to many critiques of the first edition, including those made by Donald Marquis, David DeGrazia, and William E. May. (shrink)

This paper discusses the significance of gender-based conflicts for thefailure of Gambian irrigated rice projects. In particular, it illustrateshow resource control of a gendered crop, rice, shifts from females to maleswith the development of pump-irrigated rice projects. Irrigation imposes aradically different labor regime on household producers, demanding thatthey intensify labor for year-round cultivation. Yet, the Gambian farmingsystem evolved for a five month agricultural calendar, in which women wereaccorded specific land and labor rights. The need to restructure familylabor, specifically skilled (...) female labor, to meet the cultivation demandsof pump irrigation is crucial for understanding the pattern of gender-basedconflicts in Gambian rice schemes. The case study illustrates thatirrigation involves more than technology transfer. Appropriate irrigationdemands sensitivity to the social structure of household production systems. The paper concludes by emphasizing the centrality of gender issuesfor improving food security in sub-Saharan Africa. (shrink)

The discourse inside and outside of sport in Australia and abroad on the participation of transgender women in female sport focuses on the principles of fairness, equity and the safety of competitors. These concerns commonly materialise (with little evidence) labelling transgender women as ‘cheats’, dominating female sport, strategically being coached in collision sports to intentionally hurt opponents or fraudulently transitioning with the sole aim of competing in elite women’s sport. Our research examines the process by which the Australian Football League (...) (AFL) grappled with these competing narratives in developing a policy to permit the participation of transgender and gender diverse athletes in community and ‘elite’ competitions. It will be argued that the initial AFL process lacked consideration of the human rights of transgender women and did not provide the necessary resources required to ensure a safe and inclusive process for transgender women to engage with the AFLW competition. This article will also identify lessons which other sport governing organisations should heed in developing and implementing policies for the inclusion of transgender women in sport. (shrink)

인권은 시민권과 관계없이 독자적 가치를 지니지만, 시민권이 박탈되면 인권도 박탈되는 상황에 처한다. 근대 이후로 민족 국가를 단위로 정체가 형성되었기 때문이다. 그래서 아렌트와 아감벤은 시민권이 없는 인권은 무의미하고 무기력하다고 토로한다. 그러나 이 글은, 인권이 독자적 가치를 지니며 정치적 저항의 동력이라는 점을 발리바르의 인권정치를 통해 논증한다. 발리바르에게 인권과 시민권을 정치적으로 천명한 세계사적 기반은 「인간과 시민의 권리 선언문」이다. 선언문은 인권과 시민권의 동등성, 자유와 평등의 동등성을 개시하지만, 동등성을 이탈하는 모순과 아포리아도 동시에 노정하기 때문에 정치적 봉기의 동력이 된다. 이 글은 동등성의 아포리아를 논증하면서 인권이 지닌 (...) 정치적 가능성을 이주자와 난민 여성이 겪는 배제와 혐오를 극복하는 데 활용하려고 한다. (shrink)

The discourse of multiculturalism provides a useful means of understanding the complexities, tensions, and dilemmas that Asian and other minority women in the U.K. grapple with in their quest for human rights. However, the adoption of multiculturalist approaches has also silenced women’s voices, obscuring, for example, the role of the family in gendered violence and abuse. Focusing on the work of Southall Black Sisters, and locating this work within current debates on the intersection of government policy, cultural diversity, (...) and feminist activism, this article examines, and critiques, the Labour government’s current “multi-faith” agenda for its impact on Black and minority ethnic women in the U.K. (shrink)

Despite the persistence of violence inside and around prisons, and the dubious adequacy of criminal law to respond to victim–survivors, international human rights (IHR) discourse increasingly promotes the mobilisation of the state’s penal apparatus to respond to human rights violations, including violence against women (VAW). Using an anticolonial feminist approach, this article scrutinises the ontological and epistemological commitments underlying ‘human rights penality,’ by analysing features of the Western-colonial register vis-a-vis more relational worldviews. Separateness, abstraction, (...) and transcendence broadly underpin the exclusion of embodied experience, context, and material reality from the juridical field. In the second part, through discourse analysis of Inter-American and European case law, the author shows the deployment of human rights penality, the displacement of experience, and the disregard of context in IHR discourse. VAW is construed as a procedural and penal matter: it is the absence of a penal process that courts regard as failure to protect women, rather than the state’s inability/unwillingness to address structural subordination. Moreover, the ‘virtues’ attributed to the penal system justify its expansion, which facilitates the continuity of penal violence and debilitates alternative approaches to justice. Finally, the author posits penal abolition as an anticolonial praxis, pointing at examples of anti-carceral feminist work. (shrink)

Women’s legal rights are one of the most significant determinants of their status. In Bangladesh, a series of laws ensuring women’s rights have proven largely ineffective in promoting their positions. The prime reasons for this are: dirtier politics, the ineffective implementation of women rights laws, the traditional and cultural negative views about women’s rights, the absence of an accountable and transparent government, the expensive and time consuming judicial process, the lack of an efficient judiciary, and other (...) socio-economic reasons. The core theme of this essay concentrates on the ineffective enforcement of laws with the objective to promote protection of women’s rights by recommending remedies to flaws in prevailing laws in Bangladesh. Recommendations are made by reference to comparative and international practices. The primary arguments developed throughout this essay are: the protection of women’s rights is imperative to improve their status the legislative, administrative and judicial efforts dealing with women’s rights; and improvements in those effortsto better protect women’s rights. This study examines laws regarding women’s employment and political participation and the laws on dowry. It also explores the ways laws have been structured and enforced in Bangladesh, and how law can be an effective means of women’s pursuit of rights. (shrink)

As COVID-19 keeps impacting the world, its impact is felt differently by people of different sexes and genders. International guidelines and research on gender inequalities and women’s rights during the pandemic have been published. However, data from Taiwan is lacking. This study aims to fill the gap to increase our knowledge regarding this issue and provide policy recommendations. This study is part of a more extensive project in response to the fourth state report concerning the implementation of the Convention (...) on the Elimination of All Forms of Discrimination against Women in Taiwan in 2022. We have drawn on the guidelines and documents published by the United Nations human rights bodies, conducted interviews with advocacy and professional practitioners, and hosted a study group comprising students and teachers from the National Taiwan University College of Public Health to supplement the interview data. The data were analyzed thematically. The results include five themes: (1) particular health risks to carers (primarily women); (2) COVID-related measures’ impact on women’s health and health behaviors; (3) highly gendered psychological maladjustment; (4) increase in gender-based violence and domestic violence; and (5) mental health inequities and intersectionality. The study has global implications for societies of similar sociopolitical contexts and developmental statuses. To truly live up to the standard of CEDAW and other international human rights principles, we ask that central and local government be more aware of these lived experiences and adjust their policies accordingly, accounting for gender sensitivity. (shrink)

Establishing women's rights became part of the moral justification given for waging `war on terror' by ensuring regime change in Afghanistan. Yet by December 2002, Human Rights Watch was reporting ongoing violations of women's rights. Western presumptions that women's lives would be transformed simply by removing the Taliban were false. This `interchange' explains this gap between expectation and reality by examining the contentious history of Afghan gender politics and the current political and economic (...) situation. Acknowledging such factors reveals that Western intervention will not easily subvert the existing gender order. Rather, any real change will result, not from prescribing Western models, but by enabling Afghan women to be autonomous agents with the right to determine their own life plans. (shrink)

Major changes have taken place in Muslim societies in general during the last decades. Traditional family and social organizational structures have come into conflict with the perceptions and needs of development and modern state-building. Moreover, the international context of globalization, as well as changes in intercommunity relations through immigration, have also deeply affected social and cultural mutations by facilitating contact between different cultures and civilizations. Of the dilemmas arising from these changes, those concerning women’s and men’s roles were the most (...) conflictive issues because of different interpretations and evaluations of historical, religious and/or cultural heritages. In the case of Morocco, for over 30 years, women’s and human rights NGOs have acted and advocated to promote women’s rights. The main disputes have concerned the distinction between what is within the requirements of Islam and what is the consequence of traditional social beliefs and practices. This ended nevertheless with the adoption by the Parliament of a new Family Law proclaimed in February 2004. This law was the result of a process of consultation and national debate, which made possible substantial progress in terms of proclaimed values of equality of rights between men and women, with the support of most national political and social leaders. Several lessons can be learned from the Moroccan experience. The crucial role of civil society, the political support of the state at its highest level, the working methodology of the Royal Advisory Commission and the final process for the adoption of the new code were from the most determinant parameters. In light of recent developments in some majority-Muslim countries, the future of women’s rights is a key issue of the so-called Arab spring. Muslim women’s challenges and struggles are not only ideological and legal battles, but they are also social and political struggles for which one of the major conditions is to prevent and prohibit the use of Islam as a political instrument. Muslim societies need to educate people properly and change their traditional representations and patterns of thought. To promote justice, equity and equality in general, as well as to protect women’s economic rights, they need appropriate economic and social policies. Then women can really promote, protect and benefit from the advances of their legal status. (shrink)

In this chapter, Talbott explains the development of women’s rights as a response to the cultural universal of paternalistically justified patriarchal norms that severely limit opportunities for women. Talbott uses evolutionary psychology to explain why norms that severely limit opportunities for women are cultural universals and to show how it is possible to question even culturally universal justifications from the moral standpoint. Talbott uses the evidence of violence against women and the examples of footbinding and female genital cutting to (...) explain how social enforcement can make oppressive norms stable and can even motivate voluntary compliance with them. Talbott also explains how certain kinds of paternalist justifications for patriarchal norms can be self-reinforcing. Talbott explains how the development of women’s rights fits the model of the extension of rights to white, male property owners, then to white male non-property-owners, then to males in other racial and ethnic groups. In each case, the extension of rights is a guarantee of a sphere of autonomy, in a sense to be explained in the next chapter. Talbott gives the example of the Senegalese organization Tostan as a model of how to advocate universal human rights, and thus autonomy, without being a moral imperialist. Talbott concludes with an explanation of why cultural relativism about internal norms is too wishy-washy. (shrink)

Across the African continent, women's rights have become integral to international declarations, regional treaties, national legislation, and grassroots activism. Yet there is little research on how African men have understood these shifts and how African masculinities are implicated in such changes. Drawing on a year of ethnographic research in the Ugandan capital Kampala, this article investigates how ordinary men and women in Uganda understand women's rights and how their attitudes are tied to local conceptions of masculinity. (...) The author argues that a new configuration of gender relations is evident in urban Uganda—one that accommodates some aspects of women's rights while retaining previous notions of innate male authority. This article therefore illustrates the complex and often contradictory engagements with human rights that occur in local contexts and how such engagements are shaped by—and are shaping—gender relations, including conceptions of masculinity. (shrink)

Populist-nationalist ideologies pose a threat to women’s rights. This article examines to what extent national institutionalisation of international frameworks promoting women’s rights can weather the misogynistic political climate accompanying the global rise of populist nationalism. The post-2016 situation in the Philippines offers a testing ground for this problem due to the co-existence of President Duterte’s hypermasculinist national leadership with a strong history of institutionalisation of the UN’s Women, Peace and Security (WPS) agenda. Drawing from an analysis of WPS (...) policy and institutions in the Philippines between 2009 and 2019 and from field research and interviews with government agencies, local civil society organisations and international partners, this article argues that the WPS agenda will likely survive in the hostile environment. But it also finds that institutionalisation alone does not guarantee successful implementation. While the WPS agenda may ostensibly remain a national priority under populist-nationalist regimes, its progression has been halted. (shrink)