Gender, Culture And Human Rights

Gender, Culture And Human Rights

by Siobh N Mullally
     
 

In recent years, feminist theory has increasingly defined itself in opposition to universalism and to discourses of human rights. Rejecting the troubled legacies of Enlightenment thinking, feminists have questioned the very premises upon which the international human rights movement is based. Rather than abandoning human rights discourse, however, this book argues… See more details below

Overview

In recent years, feminist theory has increasingly defined itself in opposition to universalism and to discourses of human rights. Rejecting the troubled legacies of Enlightenment thinking, feminists have questioned the very premises upon which the international human rights movement is based. Rather than abandoning human rights discourse, however, this book argues that feminism must return to the universal and reconstruct the theory and practice of human rights. Discourse ethics and its post-metaphysical defense of universalism is offered as a key to this process of reconstruction. The implications of discourse ethics and the possibility of reclaiming universalism are explored in the context of the reservations' debate in international human rights law and further examined in debates on women's human rights arising in Ireland, India, and Pakistan. Each of these states shares a common constitutional heritage and, in each-religious/cultural claims intertwined with processes of nation-building-have constrained the pursuit of gender equality. Ultimately, this book argues in favor of a dual-track approach to cultural conflicts, combining legal regulation with an ongoing moral-political dialogue on the scope and content of human rights.

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Product Details

ISBN-13:
9781841135137
Publisher:
Hart Publishing (UK)
Publication date:
05/26/2006
Pages:
308
Product dimensions:
6.14(w) x 9.21(h) x 0.75(d)

Table of Contents

1The discourse of human rights : 'an active enemy of women's progress'?1
2Alan Gewirth's community of rights : feminism, liberalism and the value of community27
3Political liberalism, feminism and the limits of an 'overlapping consensus'41
4Nussbaum and the human capabilities approach : reconciling feminism and universalism?59
5Discourse ethics, feminism and the return to the universal69
6Opting out of women's human rights : reservations to human rights treaties and the defence of culture89
7Debating gender in Ireland (1) : family values117
8Debating gender in Ireland (2) : reproductive rights141
9Women, human rights and cultural claims in Pakistan167
10Debating gender equality in India : feminism and multicultural dilemmas193

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