10_FShaheed_ppt

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    Reflections on

    Culture, Rights & Violence

    Against Women

    Culture Women & Violence: Debunking & rejectingcultural justifications Forum Istanbul 26th2007

    Farida Shaheed

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    Culture in the contestation of

    womens human rights Practices violating womens rights defended

    as culture by community leaders

    State representatives give culture, religion, orboth, for

    reservations to international instruments

    failures to act upon the commitments made

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    Excusing specific forms of gender-basedviolence & state inactionas cultureConcern expressed by

    U.N. Special Rapporteurs on VAW

    Dr. Radhika Coomaraswamy

    Dr. Yakin Erturk CEDAW Committee Experts

    Other UN bodies e.g. Human Rights Committee

    UN General Assembly Resolution 30 Jan 2007:

    Intensification of efforts to eliminate all forms ofviolence against women

    On the UN agenda needs further strengthening

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    Human rights activists tend to see

    culture

    Essentially as obstacle for the achievement of rights

    As a given: something immutable and static

    Existing without human agency

    Relevant to only some people and communities South countries, minorities in North countries

    Sub-text: culture is only the problem of somegroups, communities and societiesexoticised

    others, not modernQuestion:

    Why is it that culture is understood to be linked toso-called honour crimes but not domestic violence?

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    So what is culture?

    The food we eat, the songs we sing, the clotheswear

    But also

    A world view that defines our sense of self

    Who we are, who we are not, who is not us

    And the rules of belonging

    What we can do and what we cannot

    What is appropriate for girls/women, for boys/men

    What is not appropriate, prohibited and so should be

    penalised

    Culture therefore exists everywhere

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    Whose Culture? No society is devoid of culture

    Every society has many cultures,

    Only one dominant culture

    BIG QUESTION Who defines the dominant culture?

    Those with power

    Talking of culture is talking of POWER

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    Gender-based violenceregardless of its form, time or place, is

    alwayslegitimised by culture because Despite multiple cultures, the dominant culture is

    patriarchal

    Patriarchal culture validates violenceas

    acceptable, even desirable, attribute of masculinity It devalues women

    When violence is considered legitimate; Acts of violence against individuals who are devalued

    by the dominant culture (women + othermarginalised/less powerful groups) become evenmore acceptable

    Acts transform into the norm, remain unquestioned,spread a blanket of impunity

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    Culture not = Religion

    Determining factor of womens oppression notreligion per se, but the systems & structures of

    patriarchy

    However, religion is a powerful tool to justify

    inequality Patriarchy = prism for religious interpretation

    Religion = a jealously guarded male monopoly the

    world over

    Patriarchal systems & structures essentially the

    samein Muslim societies as elsewhere, but

    Articulation differs in its Muslim veneer

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    Law not neutral, not devoid of culture

    Law written by (some) men

    Reflects experience & needs of men

    Interpreted & enforced largely by men

    Whose cultural beliefs often negate existing

    provisions for women in courts, in policestations and in prisons

    Example Pakistan of grave & sudden

    provocation clause to reduce sentences introduced by British colonial rulers,

    deleted 1997 as unIslamic

    Brought back by judges in their rulings

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    Who speaks for the community?

    Problematics of thriving mature democraciesaccepting unelected leaders as spokespersons

    UK: Certain self-proclaimed community leadersdemand to be accepted as thevoice of all Muslims,or of all Sikhs or of all Hindus, etc.

    NOT elected by the constituency they claim torepresent these leaders are still accepted by thestate and media as the authentic voice

    Whyis it that everywhere those claiming religiousleadership (whether fundamentalist or not) are given

    special space by media, state and others? Why are contesting and differing voices not

    accepted as quite authentic?

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    To effectively remove the cultural justifications

    of gender-based violence

    We need to overturn to the culture of violence

    promoted by patriarchy

    In our struggle need to remember:

    No such thing as pure culture

    Culture is constantly (re)createdaffirmed or changedthrough contestations in society

    Greatest Tradition = reinvention of tradition

    So we need to develop, celebrate & assert our

    own culture and fight for diversity and plurality ofvoices

    Andtake a lesson from ecology:

    Monocultures kill the soil and lead only to death