Journal Citation:
30(2) BERKELEY JOURNAL OF GENDER, LAW & JUSTICE, 226-267 (2015)
This article discusses ideas of feminism,
religion and culture as they relate to
women's status nationally and
internationally. The author argues that
political choices against gender law
reform are frequently hidden behind
justifications of religion and culture.
Moreover, both cultural relativists and
universalists fail to view culture as a
concept that is contested within cultural
groups; it is viewed as bounded,
unchanging, and settled. The author also
discusses how practical legal trade-offs
between competing rights claims are often
viewed as inevitable in legal feminist
thought, complicating transnational
support and cooperation. It is also
contended that ideas of culture and
civilization have increasingly been used
as justifications for intervention and
violence for the purpose of protecting
human rights. The author considers the
difficulties of feminist human rights
universalism, and suggests mechanisms
through which feminists can retain
specific political agendas without
supporting imperialist and repressive
state action.