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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Lord Denning: Life, Law and Legacy



  


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 Jonathan Karas


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Women's Human Rights and Culture: From Deadlock to Dialogue


ISBN13: 9789400001374
Published: December 2010
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Paperback
Price: £35.00



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In all parts of the world, the implementation of women’s human rights is seriously being hindered by gender stereotypes, religion, custom or tradition, in short by ‘culture’. Culture is increasingly being used as an excuse to commit serious violations of these rights. It is also brought forward as the reason why governments refuse to implement them, arguing that their culture forces them to accept limited interpretations of international obligations in this area, or to reject such obligations altogether.

Any such ‘cultural defence’ poses severe difficulties for international organisations, local and foreign governmental officials and non-governmental organisations (NGOs), who, in their work on development co-operation, humanitarian aid or peace-keeping operations, advocate for the full implementation of women’s human rights. Being afraid of the reproach of (Western) neo-colonialism or imperialism, they incline to take refuge in a cultural relativist stance, which in fact may undermine women’s human rights.

This book provides women’s human rights advocates with dissuasive arguments and effective strategies to avoid a deadlock between on the one hand upholding the principle of universality of human rights, and on the other hand the right to preserve and express one’s culture. The aim is to help them to create the right conditions for a fruitful dialogue about this issue. The book places great emphasis on the positive role that the UN Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) could play in this respect, and on the equal participation of ‘women of culture’ in the process of the implementation of their human rights.