Beyond Culture: Human Rights Universalisms versus Religious and Cultural Relativism in the Activism for Gender Justice

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.