By Anne Hellum
This
article is very interesting
for me, because it provides information about human
rights and gender relations are an
important component of social relations
was still a lot of experience as an example
of the relationship issues
of gender relations and human rights in Africa. The contentious relationship between gender
equality, custom, and culture is reflected in varying legislative and judicial
strategies that have been pursued by the different postcolonial African states
as a means of reconciling greater equality with the protection of custom and
culture quite caught my attention.
The
article explain about contentious relationship between gender equality, custom,
and culture is reflected in varying legislative and judicial strategies that
have been pursued by the different postcolonial African states as a means of
reconciling greater equality with the protection of custom and culture. The social, cultural, economic, and legal
differences between and within the countries that have ratified the Women’s
Convention have made its implementation problematic. Part of the problem is that customary norms
sometimes operate to women’s disadvantage but other times do not. for example, The Kenyan constitution embodies
the principle of gender equality but at the same time protects the customary
laws of the different ethnic groups and Hindu and Islamic law.
By the article Anne Hellum suggested how women are
contesting and transforming asymmetric power relations in terms of gendered
prescriptions about speech, behavior, and distribution of resources, all these
studies show that internationally initiated law reform gradually is taking root
in local African communities. What all these studies demonstrate is the
shortcoming of simplistic and one-dimensional dichotomies, such as Western
versus African, traditional versus modern, folk law versus state law and
universalism versus cultural relativism. Insight into women’s different and
complex needs implies rejecting both the universalist and the relativist
theories that assume harmonious and balanced societies based on complementary gender
roles.
I things to do
to
understand
the problem
that
law
should
be
analyzed
as
a
process
of
producing
fixed
gender
identities
rather
than
as
the
application
of
gender-neutral
law
to
Previously
gendered
subjects.
This
is
done
to
create
a
unified
system
applicable
to
all
groups
or
to
continue
with
a
plural
system
of laws
and
customary
That
accommodate
the
religious
laws
of
the
different
ethnic
Populations.
so that
the
convention
requires
states
to
undertake
constitutional,
legislative,
and
socioeconomic
reform
Aiming
at
the
elimination
of
discrimination
against
women in
the
private
as
well
as
in
the
public
sphere.
Tidak ada komentar:
Posting Komentar