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Amid Cultural Relativism and Human Rights Universalism. the Case of Fgm/C: a Cultural Practice and a Human Rights Violation
AMID CULTURAL RELATIVISM AND HUMAN RIGHTS UNIVERSALISM. THE CASE OF FGM/C: A CULTURAL PRACTICE AND A HUMAN RIGHTS VIOLATION. Spina Aleksandra Snr 2001765 Anr 277328 July 2017 Amid cultural relativism and human rights universalism. The case of FGM/C: A cultural practice and a human rights violation. To defend in front of Supervisor Dr. A.K. Meijknecht Second Reader Dr. N.M.C. Jägers On 22 July 2017 At 13:00 LL.M. International and European Law Faculty of Law Tilburg University The Netherlands Acknowledgments Table of Contents List of Acronyms Chapter I. Introduction 1-5 1.1. Introduction. 1 1.2. Structure. 4 1.3. Methodology. 5 Chapter II. Terminology 6-13 2.1. Introduction. 6 2.2. Definition. 6 2.3. Types of FGM/C 8 2.4. Elements. 9 2.5. Conclusions. 12 Chapter III. Theoretical Challenges 14-29 3.1. Introduction. 14 3.2. Human rights and Human Rights Universalism. 15 3.3. Cultural rights and Cultural Relativism. 1 6 3.4. Historical perspective. 19 3.5. FGM/C in the context of Religious Relativism. 25 3.6. Conclusions. 28 Chapter IV. Universalism in practice: the International Legal Framework 3 0 - 4 0 4.1. Introduction. 30 4.2. International Legal Framework. 30 4.3. Convention on the Elimination of All Forms of Discrimination against Women. 31 4.4. The UN Declaration on the Elimination of Violence against Women. 33 4.5. The Convention on the Rights of the Children. 33 4.6. The African Charter on Human and Peoples’ rights. 34 4.7. Maputo Protocol. -
The Culture Differential in Parental Autonomy
St. John's University School of Law St. John's Law Scholarship Repository Faculty Publications 2008 The Culture Differential in Parental Autonomy Elaine M. Chiu St. John's University School of Law Follow this and additional works at: https://scholarship.law.stjohns.edu/faculty_publications Part of the Family Law Commons, and the Law and Society Commons This Article is brought to you for free and open access by St. John's Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of St. John's Law Scholarship Repository. For more information, please contact [email protected]. The Culture Differential in Parental Autonomy Elaine M. Chiu* When the laws of a community reflect a dominant culture and yet many of its members are from other minority cultures, there is often conflict. When this conflict occurs in the legal regulation of the parent-child relationship, the consequences are tremendous for the children, the parents, and the State. This Article focuses on the federal statute criminalizing female genital surgeries, and, in doing so, it makes two major claims. The first claim is that the decisions of minority parents are scrutinized and regulated to a greater degree than the decisions of parents from the dominant culture, even when their decisions are strikingly similar. For example, breast implant procedures, intersex surgeries, and the administration of growth hormones are arguably analogous to female genital surgeries, and yet they are severely under regulated. The result is a differential in the autonomy of parents that is explained more by cultural differences than by an objective interest in the protection of children. -
Contemporary Aspects of Female Genital Mutilation Prohibitions in the United States
American University Journal of Gender, Social Policy & the Law Volume 28 Issue 1 Article 3 2019 Contemporary Aspects of Female Genital Mutilation Prohibitions in the United States Limor Ezioni The Academic Center of Law and Science, Israel Follow this and additional works at: https://digitalcommons.wcl.american.edu/jgspl Part of the Comparative and Foreign Law Commons, Health Law and Policy Commons, Human Rights Law Commons, Juvenile Law Commons, Law and Society Commons, Religion Law Commons, Sexuality and the Law Commons, and the State and Local Government Law Commons Recommended Citation Ezioni, Limor (2019) "Contemporary Aspects of Female Genital Mutilation Prohibitions in the United States," American University Journal of Gender, Social Policy & the Law: Vol. 28 : Iss. 1 , Article 3. Available at: https://digitalcommons.wcl.american.edu/jgspl/vol28/iss1/3 This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University Journal of Gender, Social Policy & the Law by an authorized editor of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Ezioni: Contemporary Aspects of Female Genital Mutilation Prohibitions in CONTEMPORARY ASPECTS OF FEMALE GENITAL MUTILATION PROHIBITIONS IN THE UNITED STATES LIMOR EzlONI* I.Introduction ...................................... 40 II.FGM as a Form of Child Abuse........................41 III."Cultural Relativism" or "Moral Relativism"? ..... ........ 44 IV.Federal Legislation Against FGM in the United States............45 V.FGM State Legislation in the United States ..... ................ 49 A. Religious Freedom is Not a Defense: California.........49 B. -
The Culture Differential in Parental Autonomy
The Culture Differential in Parental Autonomy Elaine M. Chiu* When the laws of a community reflect a dominant culture and yet many of its members are from other minority cultures, there is often conflict. When this conflict occurs in the legal regulation of the parent-child relationship, the consequences are tremendous for the children, the parents, and the State. This Article focuses on the federal statute criminalizing female genital surgeries, and, in doing so, it makes two major claims. The first claim is that the decisions of minority parents are scrutinized and regulated to a greater degree than the decisions of parents from the dominant culture, even when their decisions are strikingly similar. For example, breast implant procedures, intersex surgeries, and the administration of growth hormones are arguably analogous to female genital surgeries, and yet they are severely under regulated. The result is a differential in the autonomy of parents that is explained more by cultural differences than by an objective interest in the protection of children. The second claim in the Article is a prescription for how the law can minimize this culture differential. Social psychologists have studied the interactions of human beings from different cultures and have developed principles and tools that seek to improve these interactions. This Article advocates for the adoption of procedural reforms to ensure cultural mindfulness or “hard second looks” at both the administrative and legislative levels in child welfare. * Associate Professor of Law, St. John’s University School of Law. I wish to thank participants at the following workshops: Hofstra University School of Law Faculty Workshop in March 2007, a work-in-progress session at the LatCrit XI conference in October 2006, and a work-in-progress session at the Northeast People of Color Conference (“NEPOC”) in July 2006. -
Cultural Culprits
Cultural Culprits Michelle A. McKinley t In 2007, Olivia Nabulwala, a Ugandan national, sought political asylum in Minnesota on the grounds of sexual orientation and social group membership. I Nabulwala alleged that her parents and extended family were outraged by her lesbian sexual orientation and arranged for her to be raped en famille to convert her into a heterosexual woman. 2 In 2006, Khalid Adem, a 30-year-old Ethiopian immigrant, was convicted of genitally mutilating his two-year-old daughter, Amirah.3 Although Adem was convicted under Georgia's child battery statute, the practice of female genital cutting has been criminalized by federal statute in the United States since 1996.4 Consonant with the U.S.'s condemnatory stance toward the practice of female genital cutting in African 5 and Asian countries, Assistant Professor, University of Oregon School of Law, Resident Scholar, Wayne Morse Center for Law and Politics (2008-2009); B.A. Wellesley College, M.Phil. Oxford University, J.D. Harvard Law School. Research and writing of this article was supported by the Wayne Morse Center and the University of Oregon Law School Dean's Fund. My appreciation goes to Maruja Rodriguez, Elizabeth Sanner, and Vicki Santillhn for their superb administration of my own maternal imperial realm, and my deepest thanks go to my children Max, Isadora, and Gideon for their infinite patience and understanding on weekends and family time as I wrote this article. I have been fortunate to share my thoughts and ideas with many generous colleagues: Laurie Berg, Annie Bunting, Amy Cohen, Denise Ferreira da Silva, Ibrahim Gassama, Janet Halley, Tayyab Mahmud, Sally Merry, Hiroshi Motomura, Makau Mutua, Joane Nagel, Ebenezer Obadare, Diane Otto, Sherene Razack, Natsu Saito, and Robert Tsai. -
Female Circumcision in the United States: an Analysis of Laws and Policies
FEMALE CIRCUMCISION IN THE UNITED STATES: AN ANALYSIS OF LAWS AND POLICIES By KATIE ANN SCHUBERT A THESIS PRESENTED TO THE GRADUATE SCHOOL OF THE UNIVERSITY OF FLORIDA IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS UNIVERSITY OF FLORIDA 2007 1 © 2007 Katie Ann Schubert 2 TABLE OF CONTENTS page ABSTRACT.....................................................................................................................................4 CHAPTER 1 INTRODUCTION ....................................................................................................................5 Types of Female Circumcision.................................................................................................5 History of Female Circumcision...............................................................................................7 Prevalence of Female Circumcision .........................................................................................9 In Africa.............................................................................................................................9 In Asia .............................................................................................................................10 In the United States .........................................................................................................11 The Medicalization of Female Circumcision in the United States.........................................13 The International Consumption of Female Circumcision and Western Interventions -
© 2010 Rosa Muthoni Githiora All Rights Reserved
© 2010 ROSA MUTHONI GITHIORA ALL RIGHTS RESERVED ATTITUDES AND PERCEPTIONS OF FEMALE CIRCUMCISION AMONG AFRICAN IMMIGRANT WOMEN IN THE UNITED STATES: A CULTURAL AND LEGAL DILEMMA A Dissertation Presented to The Graduate Faculty of The University of Akron In Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy Rosa Muthoni Githiora August, 2010 ATTITUDES AND PERCEPTIONS OF FEMALE CIRCUMCISION AMONG AFRICAN IMMIGRANT WOMEN IN THE UNITED STATES: A CULTURAL AND LEGAL DILEMMA Rosa Muthoni Githiora Dissertation Approved: Accepted: ________________________________ _________________________________ Advisor Department Chair Dr. Lucinda Marie Deason Dr. Raymond W. Cox III ________________________________ _________________________________ Committee Member Dean of the College Dr. RaJade M. Berry-James Dr. Chand K. Midha ________________________________ _________________________________ Committee Member Dean of the Graduate School Dr. Margaret Carol Stephens Dr. George R. Newkome ________________________________ _________________________________ Committee Member Date Dr. Kathryn Feltey ________________________________ Committee Member Dr. Stacey Nofziger ________________________________ Committee Member Dr. Philip C. Aka ii ABSTRACT One of the first Female circumcision (FC) cases to be prosecuted in the U.S. occurred in Atlanta, GA in 2006. In this case an Ethiopian man was sentenced to 10 years in prison for circumcising his infant daughter. This case illustrates some of the cultural and legal dilemmas immigrants can encounter who reside in the U.S. where FC is outlawed. That is, immigrants must choose between complying with their cultural practice of FC or the anti-female circumcision laws, where either choice could have equally unfavorable outcomes. This dissertation employed the case study approach to describe immigrant women’s perceptions and attitudes, about FC as well as their awareness and knowledge about policies that outlaw this practice. -
Female Genital Mutilation in the United States: Estimating the Number of Girls at Risk Phyllis Chesler Phyllis Chesler Organization, [email protected]
Dignity: A Journal on Sexual Exploitation and Violence Volume 4 | Issue 2 Article 9 May 2019 Female Genital Mutilation in the United States: Estimating the Number of Girls at Risk Phyllis Chesler Phyllis Chesler Organization, [email protected] Follow this and additional works at: https://digitalcommons.uri.edu/dignity Part of the Bioethics and Medical Ethics Commons, Child Psychology Commons, Civic and Community Engagement Commons, Community Health Commons, Community Psychology Commons, Criminology and Criminal Justice Commons, Developmental Psychology Commons, Family, Life Course, and Society Commons, Gender and Sexuality Commons, Health Psychology Commons, Inequality and Stratification Commons, Medicine and Health Commons, Migration Studies Commons, Pediatric Nursing Commons, Politics and Social Change Commons, Public Health Commons, Public Health and Community Nursing Commons, Social Psychology Commons, and the Social Work Commons Recommended Citation Chesler, Phyllis (2019) "Female Genital Mutilation in the United States: Estimating the Number of Girls at Risk," Dignity: A Journal on Sexual Exploitation and Violence: Vol. 4: Iss. 2, Article 9. DOI: 10.23860/dignity.2019.04.02.09 Available at: https://digitalcommons.uri.edu/dignity/vol4/iss2/9https://digitalcommons.uri.edu/dignity/vol4/iss2/9 This Research and Scholarly Article is brought to you for free and open access by DigitalCommons@URI. It has been accepted for inclusion in Dignity: A Journal on Sexual Exploitation and Violence by an authorized editor of DigitalCommons@URI. For more information, please contact [email protected]. Female Genital Mutilation in the United States: Estimating the Number of Girls at Risk Abstract Female genital mutilation (FGM) destroys the capacity of women to experience sexual pleasure. -
Report on Exploratory Study Into Honor Violence Measurement Methods—Appendixes
The author(s) shown below used Federal funds provided by the U.S. Department of Justice and prepared the following final report: Document Title: Report on Exploratory Study into Honor Violence Measurement Methods—Appendixes Author(s): Cynthia Helba, Ph.D., Matthew Bernstein, Mariel Leonard, Erin Bauer Document No.: 248880 Date Received: May 2015 Award Number: N/A This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this federally funded grant report available electronically. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Report on Exploratory Study into Honor Violence Measurement Methods—Appendixes Authors Cynthia Helba, Ph.D. Matthew Bernstein Mariel Leonard Erin Bauer November 26, 2014 U.S. Bureau of Justice Statistics Prepared by: 810 Seventh Street, NW Westat Washington, DC 20531 An Employee-Owned Research Corporation® 1600 Research Boulevard Rockville, Maryland 20850-3129 (301) 251-1500 Table of Contents Appendixes Page A Honor Violence Annotated Bibliography ....................................................... A-1 B Relevant Victimization Surveys and Other Data-Collection Mechanisms ......................................................................................................... B-1 C Compilation of Relevant Online and Legal Sources ..................................... C-1 D Websites and Other Media Focusing on Honor Violence ........................... D-1 Draft Honor Violence Study Report iii This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. -
Caring for Women Affected by Female Genital Cutting
Caring for Women Affected by Female Genital Cutting Crista E. Johnson-Agbakwu, MD, MSc, FACOG, IF Director, Refugee Women’s Health Clinic, Obstetrics & Gynecology, Maricopa Integrated Health System Assistant Research Professor, Southwest Interdisciplinary Research Center (SIRC) Arizona State University Research Assistant Professor, University of Arizona College of Medicine - Phoenix Objectives Global Overview FGC Classification Health Outcomes FGC in the West Clinical Care Legal Ramifications Policy Implications Historical Perspectives • Ancient Egypt -- 200 BC • Origins are cultural rather than religious » Predates Islam » Exists among many religious groups » Not mandated by any religion • Practiced across all educational levels and social strata A Global Perspective wps.prenhall.com UNICEF, 2013 UNICEF, 2013 Variations Within and Across Borders © 2014 Population Reference Bureau – Female Genital Mutilation/Cutting: Data and Trends Trends in FGC Prevalence © 2014 Population Reference Bureau – Female Genital Mutilation/Cutting: Data and Trends Prevalence of FGC Among Younger and Older Women © 2014 Population Reference Bureau – Female Genital Mutilation/Cutting: Data and Trends WHO CLASSIFICATION “Any procedure that involves partial or total removal of external female genitalia or other injury to female genital organs whether for cultural or non-therapeutic reasons” WHO. FGM. Geneva, Switzerland 1997 Female Genital Cutting (FGC) Different Types of FGC Type I – Excision of prepuce with/without excision of part or all of clitoris Type II – Excision of prepuce and clitoris together with partial or total excision of labia minora. Type III – Infibulation:This involves excision of the clitoral hood and clitoris, labia minora & majora, and re-approximation of the cut edges to produce a scar pictured on the right with a neo-introitus. -
Overlooking the Rite in the Name of What's “Right”: The
OVERLOOKING THE RITE IN THE NAME OF WHAT’S “RIGHT”: THE WEST AND ITS PERCEPTIONS OF FEMALE GENITAL CUTTING CATHERINE L. CROOKE “A name commonly applied, including by the [World Health Organization] itself, is ‘female genital mutilation’ but this description may be ethically inappropriate. Evaluatively, the name is not a neutral description but a severely hostile judgment, since it condemns those who seek, authorize and perform such cutting as mutilators of human beings.” —Rebecca J. Cook, African Journal of Reproductive Health n November 1, 2006, in Duluth, Georgia, Khalid Adem was sentenced to ten years in prison and five years’ probation for allegedly circumcising his O young daughter with scissors. The court determined that he committed the act in 2001, when his daughter was two years old—though his wife did not report the crime until 2003 (Poole and Feagans). Adem denied responsibility, but his daughter ultimately testified that “my dad cut me on my private part” (Mungin, “‘Dad Cut Me,’ 7-Year-Old Testifies”). An Ethiopian immigrant to the United States, Adem is native to a culture that traditionally practices what is often referred to as “female genital mutilation.” In contrast, his wife’s country of origin, South Africa, does not partake in the tradition (Hansen). This particular difference between the cultural backgrounds of Adem and his wife seems to support the verdict that was eventually reached; it is illogical to think that someone such as Adem’s wife would perform a foreign ritual that is quite so distinct and irrevocable. Nevertheless, when one considers the Adem trial within the larger context of the debate about female genital cutting (FGC), an element of the case rings false. -
Civil Society Report on Social Determinants of Health
Civil Society Report October, 2007 Commission on Social Determinants of Health Civil Society Report October, 2007 Commission on Social Determinants of Health 2 Table of Contents 1. Civil Society and the Commission on Social Determinants of Health: 3 Vision, Experiences and Values 1.1. Introduction: Historic Mission before the Commission 3 1.2. Two Imperatives for the Commission to Inform its 5 Analysis and Recommendations 1.2.1 Remembering Alma Ata and the Primary Health Care Approach 5 1.2.2 Understanding the Role of Neoliberal Globalisation 7 1.3 Civil Society’s Expectations of the Commission 10 on Social Determinants of Health 1.4 Locating Civil Society Roles, Actions and Concerns 11 1.4.1 What do we mean by Civil Society? 11 1.4.2 Role of Civil Society in Health 13 1.4.3 Civil Society Actions in Shaping Health Policies 16 1.4.4 Factors Shaping Civil Society Action and Knowledge 21 1.5 Civil Society Values 23 1.5.1 Towards a Rights Based Approach to Health 23 1.5.2 Empowerment for Health 26 2. Civil Society’s Work with the CSDH 28 3. Civil Society Positions on Key Determinants 32 3.1 Globalisation 33 3.2 Health Systems and Approaches to Health Care 41 3.3 Gender Dimensions of Health 51 3.4 Employment Conditions 56 3.5 War and Militarisation 61 3.6 Nutrition and Food Security 65 3.7 Urbanisation, urban settings and health equity 68 4. Case Studies on CS Actions and Concerns on Social Determinants of Health 71 4.1 Revival of Maya medicine in Guatemala and Impact on 72 Social and Political Recognition.