Women's Rights and Religious Practice: Claims in Conflict (York Studies on Women and Men)

The author looks at conflicts between human rights for women and religious integrity, through family religious ideology and questions of relativism, privacy and agency. The study shows that theological resistance and political and social inhibitors can, ironically, make the human rights concept inappropriate for gaining rights for religious women. Religious freedom is widely agreed to be a basic human right. So are women's rights, among others, to life, to freedom from torture or captivity, and to bodily integrity. Occasionally such rights claims come into conflict, with valid arguments made on each side for the importance of safeguarding religious integrity and for the dignity of women. Alison Boden analyzes the ways in which gender and religion so complicate the use of human rights rhetoric that it can become ineffective in resolving the standoff. Women's Rights and Religious Practice traces the impediments to a legal resolution and, comparing Islam, Hinduism, and Christianity, examines the variety and complexity of theological positions on women and equality. With a perspective that respects both women's rights and religious practices, the book analyzes arguments for accommodating ethical differences, for family privacy and religious authority, and for the wishes of the women involved. It concludes that, in many instances of such conflict, a resolution is to be found in changes to familial religious ideology rather than to rights legislation and enforcement Cover......Page 1 Contents......Page 8 Introduction......Page 10 1 A Conflict of Rights Claims......Page 16 An argument for the inability of the rights construct to address some conflicts between women's rights and religious freedoms......Page 19 Women's rights......Page 29 Religious freedoms......Page 31 Religion, rights, and the language of justice......Page 33 2 Hierarchies of Rights Claims......Page 41 Which rights are fundamental?......Page 43 Savings and limitations clauses......Page 46 Jus cogens......Page 49 Domestic versus international standards......Page 53 Third party action......Page 55 The problem of enforcement......Page 57 Legal precedents – when courts decide religious matters......Page 59 Conclusion......Page 61 Islam......Page 64 Hinduism......Page 74 Christianity......Page 84 Conclusion......Page 91 4 The Question of Relativism......Page 92 Relativism......Page 93 Theological breadth......Page 97 Selectivity in interpretation......Page 106 Westernization......Page 108 Political uses of religion......Page 110 Religious developments......Page 116 Conclusion......Page 117 5 The Question of Privacy......Page 120 Privacy and the human rights construct......Page 121 Privacy and human rights instruments......Page 124 Liberal critiques of rights protection in the home......Page 125 Personal status laws......Page 129 Privacy, religion, and states......Page 135 Conclusion......Page 142 6 The Question of Agency......Page 144 Choosing against one's self-interest......Page 145 The benefits of participating in discriminatory systems......Page 152 Choosing to resist within discriminatory structures......Page 158 The accessibility and acceptability of human rights discourse......Page 165 Conclusion......Page 166 7 Religion, Rights and Change......Page 168 Notes......Page 189 Bibliography......Page 219 C......Page 230 F......Page 231 H......Page 232 K......Page 233 P......Page 234 S......Page 235 V......Page 236 Z......Page 237 Religious Freedom Is Widely Agreed To Be A Basic Human Right. So Are Women's Rights, Among Others, To Life, To Freedom From Torture Or Captivity, And To Bodily Integrity. Occasionally Such Rights Claims Come Into Conflict, With Valid Arguments Made On Each Side For The Importance Of Safeguarding Religious Integrity And For The Dignity Of Women. Alison Boden Analyzes The Ways In Which Gender And Religion So Complicate The Use Of Human Rights Rhetoric That It Can Become Ineffective In Resolving The Standoff. Women's Rights And Religious Practice Traces The Impediments To A Legal Resolution And, Comparing Islam, Hinduism, And Christianity, Examines The Variety And Complexity Of Theological Positions On Women And Equality. With A Perspective That Respects Both Women's Rights And Religious Practices, The Book Analyzes Arguments For Accommodating Ethical Differences, For Family Privacy And Religious Authority, And For The Wishes Of The Women Involved. It Concludes That, In Many Instances Of Such Conflict, A Resolution Is To Be Found In Changes To Familial Religious Ideology Rather Than To Rights Legislation And Enforcement. A Conflict Of Rights Claims -- Hierarchies Of Rights Claims -- Theological Challenges To Religious Women's Rights -- The Question Of Relativism -- The Question Of Privacy -- The Question Of Agency -- Religion, Rights And Change -- Bibliography. Alison L. Boden. Includes Bibliographical References (pages 204-214) And Index. "Religious freedom is widely agreed to be a basic human right. So are women's rights, among others, to life, to freedom from torture or captivity, and bodily integrity. Occasionally such rights claims come into conflict, with valid arguments made on each side for the importance of safeguarding religious integrity and the dignity of women. Alison Boden analyzes the ways in which gender and religion so complicate the use of human rights rhetoric that it can become ineffective in resolving the standoff. Women's Rights and Religious Practice traces the impediments to a legal resolution and, comparing Islam, Hinduism, and Christianity, examines the variety and complexity of theological positions on women and equality. With a perspective that respects both women's rights and religious practices, the book analyzes arguments for accommodating ethical differences, for family privacy and religious authority, and for the wishes of the women involved. It concludes that, in many instances of such conflict, a resolution is to be found in changes to familial religious ideology rather than to rights legislation and enforcement."--Jacket. "International Perspective on Gender and Democratisation examines and addresses four broad themes. First is the participation of women in political movements; second, the importance of women's participation in processes of institutional - constitutional and legal - design: third, institutional practice at different levels - the national and the international; and finally, the need for constant vigilance in any engagement with state-initiated and dominated processes of democratisation. The contributors bring to it experiences of women's democratic struggles from different parts of the world - both North and South - to address the themes of the book. The emphasis is on the historical and political specificities of regions, movements and ideas and on the ways that women's movements assess their immediate and long-term interests. With its focus on women's struggles for a political presence in human rights, citizenship rights and democratic institutional entitlements to citizenship, this volume is an important contribution to the literature on gender and democratisation."--Jacket "This book provides an in-depth examination of the 'fruit explosion' in Chile and its effect on rural women. It explores the structure of the agro-export sector and the role of seasonal female employment. The authors ask how women combine this new type of work with their more traditional roles, and consider state policies to support seasonal workers. Both the local and global implications of women working in this sector of agribusiness are considered. The book ends by discussing the possible effects of supermarket codes of conduct on temporary, female workers in agribusiness. The book takes an interdisciplinary perspective and provides an important contribution to research on women and agribusiness."--Jacket Comprises 11 papers which explore the contradictory and fragmented impact of globalization on the lives of women in diverse local contexts within different cultures and faiths in the development world. Includes an essay on the comparative effects of flexible female employment in the fruit supply chain linking Chile and the UK The process of globalization has had an impact on the lives of women in developing countries in the past decade. This text explores the experiences of women in diverse local contexts within different cultures and faiths, drawing on case studies from Asia, Africa and Latin America.