feminism and cult. relativism in human rights discourse

Question 1

liberal feminism within HR discourse

Answer 1

not radical, working within the existing HR framework, objection to them by other feminists is that the whole system must be transformed to get rid of the “maleness” inherent in it. Equal rights for men and women

Question 2

Cultural feminists

Answer 2

diff from liberal in that they acknowledge the DIFFERENCE between men and women, consider these diffs in HR discourse. Main diff biological, and also some argue psychological. Reject the public/private dichotomy, bc women’s rights are relevant in “private” spaces. Emphasize relational nature of women.

Question 3

radical feminists

Answer 3

all theories of equality use a “male yardstick.” Reject idea of male/female differences as patriarchal constructions. Male dominance, female subordination, focused in the sexual sphere. Also believe public/private must be broken down, bc male dominance persists in the private which is unprotected by human rights.

Question 4

3 types of cultural relativism HR critiques

Answer 4

liberal culturalist: try to bring protection for cultural rights (incl. minority rights + indigenous rights) under existing HR laws
dominance theorists: argue that HR used as a western tool for economic gain + neocolonialism. “Conspiracy theory”, rests on cult. relativist claims
cult. relativist: HR stems from imposing western values, therefore they should not be forced on nonwestern places. not always ALL rights though- only extreme CRs argue for having no western HR at all

Question 5

concrete cult. relativist criticisms against HR

Answer 5

very western parts of HR that are most often crit: individualism, abstractness, concept of rights itself
more attention should be paid to collective rights + limiting indiv. rights for communal interests
there is a core and a periphery to HR- core values are universal, while periphery should allow for cult. variation

Question 6

feminism and cult. rel., differences

Answer 6

feminists argue for both public AND private sphere rights, so culture cant be excluded from scrutiny as it involves private even if not public/political
harmful cultural practices (FGM, sati [indian widow burning] etc)
fem. more accepted by intl HR community

Question 7

feminism and cult. rel., similarities

Answer 7

both start from saying HR needs to change bc of its developent from a dominant group
both want change in HR to include either gender persp. or culture pers.
both can be essentialist; only a certain pure type of “woman” or “african/asian/etc”, women happy in their “subordinate” roles ignored by feminists bc they’re ascribed a false consciousness
both reject prioritization of civil and political rights, in favor of equal importance of social and economic spheres

Question 8

how the HR system can incorporate cult. sensitivity and feminism

Answer 8

1) less abstractness; if HR are designed for abstract concept of “all ppl”, hard when they’re confronted w ACTUAL ppl
2) frame conflicts between fem. and cult. rel. in legal terms; if they can be framed as two equally valid rights, then constructive approach possible.
2. 1) Another way to frame in legal terms: see one interest as a right, and another as an acceptable ground for limiting that right; this is an accepted feature of HR.
2. 2) interpretation of the law, where judges can balance cult. and feminism
3) take individual as a starting point- allow for indiv. who have been influenced either by cuture OR intl. feminism, and protect both