Women’s Rights in Conflict with People’s Cultural Autonomy: Problems of Cultural Accommodation

Authors: Nazia Khan

Abstract:

The paper explores the cultural rights accommodation by the state which has left many unresolved problems. The cultural rights sometimes violate the basic individual rights of the members inside the community like women. The paper further explicates certain cultural norms and practices which violates the rights of women inside the community in the name of culture.

Keywords: Culture, Patriarchy, Rights, Women.

Digital Object Identifier (DOI): doi.org/10.5281/zenodo.1337317

References:

[1] Shachar, A. Multicultural Jurisdictions: Cultural Differences and Women Rights. Cambridge University Press. 2001.
[2] http://www.infidels.org/library/modern/church-state/decisions.html retrieved on April 22, 2010
[3] Mohd Ahmad Khan v. Shah Bano Begum and others, AIR 1985 SC 945.
[4] Goonesekere, S. (ed), Violence, Law and Women’s Rights in South Asia, Sage Publications, 2004.
[5] Violence Against Women in the name of Honour, Amnesty International, September 1999..
[6] Mahmood, S. The Pakistan Penal Code, Volume II, Fifth Edition, 1989.
[7] Hassan, Yasmeen. Haven Becomes Hell: A Study of Domestic Violence in Pakistan, Shirkat Gah, 1995.
[8] Uma, Chakarvarty. Indian Women Struggles for Autonomy and Dignity, Mainstream, January 17, 2004.
[9] Patil, D. Godavari. Hindu Widows: A Study of Deprivation, Gyan Publishing House, 2000.
[10] Robert, A. and Rivers, J. Theory of Constitutional Rights, OUP, 2010.
[11] Honarvar, N. Behind the Veil: Women’s Rights in Islamic Societies, Journal of Law and Religion, Volume 6; No. 2, 1988.
[12] Swarup, H. and Bisaria, S. (ed) Women, Politics and Religion, A. C. Brothers, Etawah, 1991.
[13] Coleman, Isobel. The Payoff From Women’s Rights, Foreign affairs, May-June 2004.
[14] Platform for Action and the Beijing Declaration, United Nations, Department of Public Information, New York, 1996.
[15] Kymlika, W. Multicultural Citizenship: A liberal Theory of Minority Rights. Clarendon Press. Oxford. 1995.