Human Rights and Gender Violence: Translating International Law into Local Justice (Chicago Series in Law and Society)

Human rights law and the legal protection of women from violence are still fairly new concepts. As a result, substantial discrepancies exist between what is decided in the halls of the United Nations and what women experience on a daily basis in their communities. Human Rights and Gender Violence is an ambitious study that investigates the tensions between global law and local justice.As an observer of UN diplomatic negotiations as well as the workings of grassroots feminist organizations in several countries, Sally Engle Merry offers an insider's perspective on how human rights law holds authorities accountable for the protection of citizens even while reinforcing and expanding state power. Providing legal and anthropological perspectives, Merry contends that human rights law must be framed in local terms to be accepted and effective in altering existing social hierarchies. Gender violence in particular, she argues, is rooted in deep cultural and religious beliefs, so change is often vehemently resisted by the communities perpetrating the acts of aggression.A much-needed exploration of how local cultures appropriate and enact international human rights law, this book will be of enormous value to students of gender studies and anthropology alike. (20050701)

Human rights law and the legal protection of women from violence are still fairly new concepts. As a result, substantial discrepancies exist between what is decided in the halls of the United Nations and what women experience on a daily basis in their communities. Human Rights and Gender Violence is an ambitious study that investigates the tensions between global law and local justice.

As an observer of UN diplomatic negotiations as well as the workings of grassroots feminist organizations in several countries, Sally Engle Merry offers an insider's perspective on how human rights law holds authorities accountable for the protection of citizens even while reinforcing and expanding state power. Providing legal and anthropological perspectives, Merry contends that human rights law must be framed in local terms to be accepted and effective in altering existing social hierarchies. Gender violence in particular, she argues, is rooted in deep cultural and religious beliefs, so change is often vehemently resisted by the communities perpetrating the acts of aggression.

A much-needed exploration of how local cultures appropriate and enact international human rights law, this book will be of enormous value to students of gender studies and anthropology alike.

Despite the best efforts of the United Nations and advances in human rights law, violence against women across the globe is still perpetuated in the gap between legal principle and local practices. Human Rights and Gender Violence investigates the tensions between global law and local justice from an insider's perspective. As an observer of UN diplomatic negotiations as well as the workings of grassroots feminist organizations in several countries, Sally Engle Merry shows how human rights law holds authorities accountable for the protection of citizens even while it reinforces and expands state power. Using an approach that is both legal and anthropological, Merry contends that international human rights law must be framed in local terms to be accepted and thus effective. Contents......Page 6 Acknowledgments......Page 8 CHAPTER ONE Introduction: Culture and Transnationalism......Page 12 CHAPTER TWO Creating Human Rights......Page 47 CHAPTER THREE Gender Violence and the CEDAW Process......Page 83 CHAPTER FOUR Disjunctures between Global Law and Local Justice......Page 114 CHAPTER FIVE Legal Transplants and Cultural Translation: Making Human Rights in the Vernacular......Page 145 CHAPTER SIX Localizing Human Rights and Rights Consciousness......Page 190 CHAPTER SEVEN Conclusions......Page 229 Notes......Page 244 References......Page 256 Index......Page 274