A New Ethical Model for the Analysis of Care for Refugee Women Who Experience Female Genital Cutting Sharon R

Total Page:16

File Type:pdf, Size:1020Kb

A New Ethical Model for the Analysis of Care for Refugee Women Who Experience Female Genital Cutting Sharon R Duquesne University Duquesne Scholarship Collection Electronic Theses and Dissertations Fall 1-1-2015 A New Ethical Model for The Analysis of Care for Refugee Women Who Experience Female Genital Cutting Sharon R. Higginbothan Follow this and additional works at: https://dsc.duq.edu/etd Recommended Citation Higginbothan, S. (2015). A New Ethical Model for The Analysis of Care for Refugee Women Who Experience Female Genital Cutting (Doctoral dissertation, Duquesne University). Retrieved from https://dsc.duq.edu/etd/80 This Worldwide Access is brought to you for free and open access by Duquesne Scholarship Collection. It has been accepted for inclusion in Electronic Theses and Dissertations by an authorized administrator of Duquesne Scholarship Collection. For more information, please contact [email protected]. A NEW ETHICAL MODEL FOR THE ANALYSIS OF CARE FOR REFUGEE WOMEN WHO EXPERIENCE FEMALE GENITAL CUTTING A Dissertation Submitted to the Center for Healthcare Ethics McAnulty College and Graduate School for Liberal Arts Duquesne University In partial fulfillment of the requirements for the degree of Doctor of Philosophy By Sharon R. Higginbothan December 2015 Copyright by Sharon R. Higginbothan 2015 A NEW ETHICAL MODEL FOR THE ANALYSIS OF CARE FOR REFUGEE WOMEN WHO EXPERIENCE FEMALE GENITAL CUTTING By Sharon R. Higginbothan Approved December 10, 2015 ________________________________ ________________________________ Dr. Henk ten Have, M.D., Ph.D. Gerald Magill, Ph.D. Center for Healthcare Ethics Professor of Healthcare Ethics Professor of Healthcare Ethics The Vernon F. Gallagher Chair of the (Dissertation Director) Integration of Science, Theology, Philosophy, and Law (Committee Member) ________________________________ ________________________________ Aaron L. Mackler, Ph.D. James Swindal, Ph.D. Associate Professor Dean, McAnulty College and Graduate Department of Theology School of Liberal Arts (Committee Member) (Committee Member) ________________________________ Dr. Henk ten Have, M.D., Ph.D. Director, Center for Healthcare Ethics Professor of Healthcare Ethics (Director) iii ABSTRACT A NEW MODEL FOR THE ETHICAL ANALYSIS OF CARE FOR REFUGEE WOMEN WHO EXPERIENCE FEMALE GENITAL CUTTING By Sharon R. Higginbothan December 2015 Dissertation supervised by Dr. Henk ten Have, M.D., Ph.D. The United States is rapidly becoming a location for refugee women who are migrating from countries that embrace different and distinctive practices. One such practice is Female Genital Cutting/ mutilation (FGC/m). FGC is a medical procedure that alters the natural structure and functioning of the female body. It is also a cultural tradition and custom. Until recently, worldwide studies estimated that approximately 80 to 140 million women have undergone FGC and that 228,000 of those women live in the U.S. However, the estimate of women and girls in the U.S. living with or at risk from FGC has grown from an estimated 228,000 to 513,000. Globally, FGC has raised justifiable concerns, particularly when the procedure is performed without consent. As female refugees migrate from FGC/m communities to a non- FGC/m reality, women not only bring their customs, beliefs, and values – they bring their health iv care needs. FGC is associated with alleged health consequences. A major challenge, then, for health care in the U.S. is how to provide care for this group of women whose native ethos is countercultural to the practices in the United States. When exploring FGC through a medical lens, FGC is considered an immoral practice that will result in harm and the need for healthcare. Conversely, however, when FGC is observed through the lens of respect for cultural diversity, it is not merely a negative construct, rather, it is a traditional cultural practice embraced by women who choose. The right for individuals to participate in their culture is a human right. Since FGC is a surgical intervention, care is needed for women who choose. FGC is relatively novel and unfamiliar in the United States. In that way, to provide care is realized through the Georgetown and the Global bioethics frameworks from which FGC is ethically examined. An investigation through the lens of FGC garners what is needed to construct a specific model of care. Therefore, the title of this dissertation was changed from “Female Genital Cutting: What Should Care Be For Refugee Women Experiencing Female Genital Cutting,” to “A New Model for the Ethical Analysis of Care for Women Who Experience Female Genital Cutting.” v DEDICATION This dissertation is dedicated to my daughter, and to women globally who embrace a diversity of rich cultures in which they have the right to participate and practice. vi ACKNOWLEDGEMENT My deep and heartfelt gratitude to Professor Henk ten Have, the director of my dissertation, and director of the Center for healthcare ethics. Professor ten Have introduced me to global bioethics in which I found an academic home. I am thankful for his remarkable expertise, invaluable critique and who encouraged me not only in the persistent of excellence but in engaging me in the fullness and weight of my topic. I am deeply appreciative and grateful to Professor Gerald Magill, Professor of Health Care Ethics and The Vernon F. Gallagher Chair for the Integration of Science, Theology, Philosophy and Law. Professor Magill set me on a robustly stimulating and engaging academic course in the field of health care ethics. Professor Magill inspired and influenced my further exploration of the ethics of care and mentored me in the pursuit of excellence. I also extend my thanks to Professor Aaron Leonard Mackler, associate professor of theology and healthcare ethics. Professor Mackler’s expertise in Jewish Law and Bioethics influenced the integration of my own theological training into the study of health care ethic and the ethics of care. My gratitude to Glory Smith, administrator and academic adviser at the Center for Health Care Ethics for her encouragement and whose lived mission to serve her students provided strength when I needed it most. To my mother whose love, and wisdom empowered me for one of hardest, grueling, most engaging and rewarding labor’s of love ever, my sisters, for your love, and prayers, and my daughter whose love, sacrifice, and care sustained me. To my inner soul circle, for their emotional and spiritual support never waivered, and didn’t let me quit. I am very grateful to my vii expert editor Sarah for her relentless editing and who supported the subject matter in ways that continued to inspire me to be a voice for women globally. And to my staff who helped me to balance through the power of laughter. viii TABLE OF CONTENTS Page Abstract .............................................................................................................................. iv Dedication .......................................................................................................................... vi Acknowledgement ............................................................................................................ vii Chapter One: Introduction: ..................................................................................................1 I. Understanding Female Genital Cutting .............................................................1 II. Historical Background and Overview of FGC...................................................2 A. Prevalence of FGC .......................................................................................8 B. Reasons and Justifications ...........................................................................9 C. Health Consequences Attributed to FGC ...................................................12 D. Efforts to Eradicate ....................................................................................14 III. Globalization and FGC in the U.S. .................................................................16 IV. Moral Status .....................................................................................................18 Chapter Two: Refugee Women, FGC and Care ................................................................23 I. Constructing the Concept of ‘Refugee.’ ..........................................................24 A. Types of Displacement ..............................................................................25 i. Internal Displacement ....................................................................25 ii. Forced Migration ...........................................................................27 iii. Asylum Designation.......................................................................30 iv. Refugee ..........................................................................................32 B. The Legal Guidelines for Determining Refugee Status .............................34 i. International Documents ................................................................36 ix ii. U.S. Documents .............................................................................39 iii. UNHCR..........................................................................................40 II. Contextualizing Refugees ................................................................................41 A. Distinct Groups of Refugee Women ........................................................41 i. Refugee Women Experiencing FGC Involuntarily........................42 ii. Refugee Women Who Voluntarily Choose FGC ...........................43 B. Human Rights and Refugees ......................................................................44
Recommended publications
  • Multisectoral Academic Training Guide on Female Genital Mutilation/Cutting
    Multisectoral Academic Training Guide on Female Genital Mutilation/Cutting Directoras Adriana Kaplan y Laura Nuño Gómez Coordinadoras Magaly Thill y Nora Salas Seoane Multisectoral Academic Training Guide on Female Genital Mutilation/Cutting Multisectoral Academic Training Guide on Female Genital Mutilation/Cutting Directoras Adriana Kaplan y Laura Nuño Gómez Coordinadoras Magaly Thill y Nora Salas Seoane Neus Aliaga Sonia Núñez Puente Rut Bermejo Casado Laura Nuño Gómez Clara Carvalho Els Leye Giovanna Cavatorta Carla Moleiro Gily Coene Maya Pellicciari Ricardo Falcão Francesco Pompeo Lidia Fernández Montes Julia Ropero Carrasco Diana Fernández Romero Nora Salas Seoane Sabrina Flamini Cristina Santinho Michela Fusaschi Magaly Thill Cecilia Gallotti Valentina Vitale Adriana Kaplan Edición y revisión de la versión original en inglés Lucy Deegan Leirião This publication has been produced with the financial support of the Rights, Equality and Citizenship Programme 2014-2020 of the European Union. The contents of this publication are the sole responsibility of its authors and can in no way be taken to reflect the views of the European Commission. It is part of the Multisectoral Academic Programme to prevent and combat Female Genital Mutilation (FGM/C). © Los autores Editorial DYKINSON, S.L. Meléndez Valdés, 61 – 28015 Madrid Teléfono (+34) 91544 28 46 – (+34) 91544 28 69 e-mail: [email protected] http://www.dykinson.es http://www.dykinson.com ISBN: Preimpresión: Besing Servicios Gráfi cos, S.L. [email protected] Table of contents List of abbreviations ..................................................................................... 15 Institutions and authors ............................................................................... 17 Chapter I. Introduction to the Multisectoral Academic Training Guide on FGM/C .............................................................................. 25 Laura Nuño Gómez and Adriana Kaplan 1.
    [Show full text]
  • Female Genital Excision and the Implications of Federal Prohibition
    William & Mary Journal of Race, Gender, and Social Justice Volume 2 (1995) Issue 1 William & Mary Journal of Women and Article 7 the Law October 1995 Female Genital Excision and the Implications of Federal Prohibition Blake M. Guy Follow this and additional works at: https://scholarship.law.wm.edu/wmjowl Part of the Human Rights Law Commons, and the Indian and Aboriginal Law Commons Repository Citation Blake M. Guy, Female Genital Excision and the Implications of Federal Prohibition, 2 Wm. & Mary J. Women & L. 125 (1995), https://scholarship.law.wm.edu/wmjowl/vol2/iss1/7 Copyright c 1995 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmjowl FEMALE GENITAL EXCISION AND THE IMPLICATIONS OF FEDERAL PROHIBITION BLAKE M. Guy* To be a woman is to be healthy.1 "No one racial, religious or ethnic group has known discrimi- nation as consistently as women have throughout recorded his- tory."2 Due to the ongoing efforts of several international organizations, however, recent observers note an unprecedented increase in the international attention focused on women's human rights and the advancement of the status of women. 3 In February of 1994, the United States Department of State issued its annual human rights report.4 Documenting the abuse and discrimination present in nearly 200 countries, the report was perhaps most noteworthy for its expanded examination of the physical abuse of women throughout the world." The report "took a broad view of women and human rights, looking not just at abuses by governments, but at the indignities and discrimi- nation" with which governments often have little involvement.6 The physical health and psychological well-being of women around the globe are placed in constant jeopardy by the contin- * J.D.
    [Show full text]
  • Natasha Gordon-Chipembere, Indisunflower@Yahoo
    eSharp Issue 6:2 Identity and Marginality Carving the Body: Female Circumcision in African Women's Memoirs Natasha Gordon-Chipembere (University of South Africa) Introduction Alison T. Slack states that 'female circumcision has been practised from as early as 2500 years ago and continues in practice today in over forty countries' (1988, p.489). Female circumcision is a worldwide phenomenon, practised in twenty six African countries, Malaysia, Indonesia, the southern parts of the Arab Peninsula, Pakistan, Russia, Peru, Brazil, Eastern Mexico, Australia, and in immigrant communities in Europe and the United States. Fran Hosken notes in her 1994 Hosken Report, that 99% of the female population in Somalia and Djibouti have experienced some form of circumcision, and that 80 to 90% of Ethiopian, Eritrean, Gambian, Northern Sudanese and Sierra Leonean women have been circumcised. The Ivory Coast, Kenya, Egypt, Mali, Burkina Faso, Chad, Liberia, Guinea, Guinea Bissau, and Nigeria have a circumcised female population of 60 to 75%. Countries with circumcised female populations under 50% include Togo, Benin, Mauritania, Ghana and Senegal. In the Hosken Report, there are no current statistics available for Sub-Saharan Africa. Most of the women who were infibulated (the most severe form of circumcision) lived in Mali, Northern Sudan, Eritrea, Eastern Ethiopia, Djibouti and Somalia (Hosken, 1994, p.45). Female circumcision is the removal of some or all of the female genitals. The WHO has outlined three basic types: circumcision (the removal of the clitoris), excision (removal of the clitoris and labia minora), and infibulation (removal of clitoris, inner and other vaginal lips, and the sewing together of the vaginal orifice, leaving a space the size of a rice grain for urine and menstruation).
    [Show full text]
  • An Examination of Female Genital Cutting And
    THE POLITICS OF THE MARKED BODY: AN EXAMINATION OF FEMALE GENITAL CUTTING AND BREAST IMPLANTATION by COURTNEY PAIGE SMITH A DISSERTATION Presented to the Department ofPolitical Science and the Graduate School ofthe University of Oregon in partial fulfillment ofthe requirements for the degree of Doctor ofPhilosophy June 2009 ---------------- --_._----- ------ - 11 University of Oregon Graduate School Confirmation of Approval and Acceptance of Dissertation prepared by: Courtney Smith Title: "The Politics ofthe Marked Body: An Examination ofFemale Genital Cutting and Breast Implantation" This dissertation has been accepted and approved in partial fulfillment ofthe requirements for the Doctor ofPhilosophy degree in the Department ofPolitical Science by: Dennis Galvan, Chairperson, Political Science Julie Novkov, Member, Political Science Leonard Feldman, Member, Political Science Stephen Wooten, Outside Member, Anthropology and Richard Linton, Vice President for Research and Graduate Studies/Dean ofthe Graduate School for the University of Oregon. June 13,2009 Original approval signatures are on file with the Graduate School and the University ofOregon Libraries. 111 An Abstract ofthe Dissertation of Courtney Paige Smith for the degree of Doctor ofPhilosophy in the Department ofPolitical Science to be taken June 2009 Title: THE POLITICS OF THE MARKED BODY: AN EXAMINATION OF FEMALE GENITAL CUTTING AND BREAST IMPLANTATION Approved: -,------ _ Dr. Dennis Galvan This project is a critical and comparative investigation ofWestern and non­ Western practices ofbody modification. Situated in the realm offeminist political theory, the project engages the literature and debates concerning embodiment, or the symbolic and concrete meanings ofwomen's bodies. I specifically explore two examples ofthe physical construction ofwomen's bodies: breast implantation in the United States and female genital cutting (FGC) in Senegal.
    [Show full text]
  • Extricating the Ethical and Legal Issues in Female Genital Ritual
    “CIRCUMCISION” OR “MUTILATION”? VOLUNTARY OR FORCED EXCISION? EXTRICATING THE ETHICAL AND LEGAL ISSUES IN FEMALE GENITAL RITUAL OBIAJULU NNAMUCHI I. INTRODUCTION ...................................................................... 85 II. RECONSTRUCTING THE DEBATE............................................. 89 III. CULTURAL RELATIVISM AND FEMALE GENITAL RITUAL ....... 95 IV. FGM: AN EVIL OR SOMETHING ELSE? .................................. 98 V. SOME ETHICAL CONSIDERATIONS........................................ 107 VI. HUMAN RIGHTS PROHIBITIONS: ARE THEY SUFFICIENTLY ANTIDOTAL OR WARRANTED IN ALL CASES? ...................... 111 VII. CONCLUSION ....................................................................... 118 I. INTRODUCTION The genesis of the procedure most commonly described as female circumcision (FC) or female genital mutilation (FGM) is rooted in antiquity.1 The ritual has Obiajulu Nnamuchi, LL.B (NAU, Nigeria), LL.M (Notre Dame), LL.M (Toronto), M.A. (Louisville), S.J.D. (Loyola, Chicago). Interim President & Chief Counsel, Centre for Health, Bioethics and Human Rights, Enugu, Nigeria. To all those whose suggestions and critiques, in one way or another, aided the refinement of the ideas espoused in this paper, particularly Prof. Nancy N. Potter and colleagues at the University of Louisville Bioethics and Medical Humanities Program where this paper was first presented, I owe an immeasurable debt of gratitude. And to Prof. Mark A. Rothstein, for his extraordinary support, colleagues at the Loyola University Chicago Law School, and AdaObi Nnamuchi, my able assistant, I am eternally grateful. All errors and omissions, of course, remain exclusively mine. 1 Though the origin of FGR is unknown, the Greek historian Strabo found evidence of the procedure among ancient Egyptians in early first century A.D. See DAVID L. GOLLAHER, CIRCUMCISION: A HISTORY OF THE WORLD‘S MOST CONTROVERSIAL SURGERY 195-96 (2000). His finding was corroborated in a fourth century papyrus from St.
    [Show full text]
  • Cleaning Our Own House: "Exotic" and Familial Human Rights Violations
    Buffalo Human Rights Law Review Volume 4 Article 8 9-1-1998 Essay: Cleaning Our Own House: "Exotic" and Familial Human Rights Violations Hope Lewis Northeastern School of Law Isabelle R. Gunning Southwestern School of Law Follow this and additional works at: https://digitalcommons.law.buffalo.edu/bhrlr Part of the Human Rights Law Commons, and the Law and Gender Commons Recommended Citation Hope Lewis & Isabelle R. Gunning, Essay: Cleaning Our Own House: "Exotic" and Familial Human Rights Violations, 4 Buff. Hum. Rts. L. Rev. 123 (1998). Available at: https://digitalcommons.law.buffalo.edu/bhrlr/vol4/iss1/8 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Human Rights Law Review by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. ESSAY: CLEANING OUR OWN HOUSE: "EXOTIC" AND FAMILIAL HUMAN RIGHTS VIOLATIONS Hope Lews"'and Isabelle R Gunninf Women's human rights activism inthe United States tends to focus on women outside the U.S., oron women from other cultures who enterthe U.S. as immigrants or asylum-seekers. Attention centers on condemning exotic violations that occur in foreign countries. This tendency is not new; the United States government has avoided internal application of intemational human rights standards-even those it helped elaborate-for decades.' The forms of violence against women that are associated with certain non-western traditional practices such as dowry killings and physical attacks on women who violate dress codes, are the subject of outrage in the U.S.
    [Show full text]
  • Rethinking Polemics and Intransigence in the Campaign Against Female Circumcision
    Case Western Reserve Law Review Volume 47 Issue 2 Article 4 1997 Bridges and Barricades: Rethinking Polemics and Intransigence in the Campaign against Female Circumcision L. Amede Obiora Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation L. Amede Obiora, Bridges and Barricades: Rethinking Polemics and Intransigence in the Campaign against Female Circumcision, 47 Case W. Rsrv. L. Rev. 275 (1997) Available at: https://scholarlycommons.law.case.edu/caselrev/vol47/iss2/4 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. BRIDGES AND BARRICADES: RETHINKING POLEMICS AND INTRANSIGENCE IN THE CAMPAIGN AGAINST FEMALE CIRCUMCISION L. Amede Obiorat I. INTRODUCTION Walls turned sideways are bridges. Angela Davis A. On Cultural Self-Determination: Whose Culture? Which Self?. The United Nations World Conference on Women, held in Beijing in 1995, was hailed as a milestone in the quest for gender equality. The proceedings at the forum focused on an agenda that included issues pertaining to the sexual and reproductive rights of women, with emphasis on freedom from coercion, discrimination, and violence.' Denouncing culture as a principal source of gender- based violence and exploitation, the majority of participants insisted that states have a duty, regardless of their particular cultural sys- t The author is an Igbo woman conducting research and teaching in the United States.
    [Show full text]
  • Female Genital Mutilation
    Feminist Europa. Review of Books. Vol. 9, No 1, 2009 Vol. 10, No 1, 2010 In this issue ... Reviews of Books on FGM: Y. Hernlund, B. Shell-Duncan, eds. Trans- culturalBodies. FemaleGenitalCuttinginGlobalContext…B. Shell-Duncan, Y. Hernlund, K. Wander & A. Moreau. ContingencyandChangeinthePractice ofFemaleGenitalCutting:DynamicsofDecision-makinginSenegambia… E. Vloeberghs, J. Knipscheer, A. van der Kwaak, Z. Naleie & M. van den Muysenbergh. VeiledPain.ResearchinTheNetherlandsonthePsychological,SocialandRelational EffectsofFGM.… L. Rautenbach. Fatime.MedicalDoctorintheHaremoftheCourtof KingIbnSaud.DocumentaryReport.… Khady and M-Th. Cuny. BloodStains.AChildof AfricaReclaimsHerHumanRights…A. Kölling. FemaleGenitalMutilationinDiscourse: ExemplaryAnalysesofitsManifestations,RationalizationsandOppositionalStrategies… E. Heger Boyle. FemaleGenitalCutting:CulturalConflictintheGlobalCommunity… C. Bellas Cabane. TheCut.ExcisionorPainfulIdentities… T. Levin, A. H. Asaah. EmpathyandRage: FemaleGenitalMutilationinAfricanLiterature… C. Zabus. BetweenRites&Rights.Excisionin Women’sExperientialTextsandHumanContexts… K. Niane with Sylvia Deutsch. InMySkin… A.-Ch. Büchner. FemaleGenitalMutilation.TraditionsthroughtheLensofHumanRights.Ramifi- cationsforSocialWorkinGermany… A. Behrendt. ListeningtoAfricanVoices.FemaleGenital Mutilation/CuttingamongImmigrantsinHamburg:Knowledge,AttitudesandPractice… Retrospective I: Reviews of work on FGM from the first three paperback editions of FeministEuropa.ReviewofBooks Retrospective II: FGM featured in FeministEuropa.ReviewofBooks
    [Show full text]
  • In Re Fauziya Kasinga: the United States Has Opened Its Doors to Victims of Female Genital Mutilation
    St. John's Law Review Volume 71 Number 2 Volume 71, Spring 1997, Number 2 Article 4 In re Fauziya Kasinga: The United States Has Opened Its Doors to Victims of Female Genital Mutilation Mary M. Sheridan Follow this and additional works at: https://scholarship.law.stjohns.edu/lawreview This Comment is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in St. John's Law Review by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. COMMENTS IN RE FAUZIYA KASINGA: THE UNITED .STATES HAS OPENED ITS DOORS TO VICTIMS OF FEMALE GENITAL MUTILATION When I was about 5 years old, my father decided it was time for me to be circumcised .... The woman who did it called herself a "professional cutter," but she was just an old gypsy who traveled around with her bag .... The old woman held a dirty razor blade, and I could see the dried blood on it from the person she had cut before me. I opened my legs, closed my eyes, and blocked my mind .... The woman didn't just cut the clitoris-she cut every- thing, including the labia. She then sewed me up tightly with a needle .... They tied my legs together to stop me from walking, so that I wouldn't rip open .... I bled for the next two, three months. I nearly died. I wanted to die at the time-I had given up on life.' INTRODUCTION Female genital mutilation ("FGM"), or "female circumci- sion,"2 is an age-old cultural practice that involves incision, and 'Laura Ziv, The Tragedy of Female Circumcision: One Woman's Story, MARIE CLAIRE, Mar.
    [Show full text]
  • Cultural Relativity and Universalism: Reevaluating Gender Rights in a Multicultural Context Elene G
    Penn State International Law Review Volume 15 Article 3 Number 1 Dickinson Journal of International Law 9-1-1996 Cultural Relativity and Universalism: Reevaluating Gender Rights in a Multicultural Context Elene G. Mountis Follow this and additional works at: http://elibrary.law.psu.edu/psilr Part of the International Law Commons, and the Law and Gender Commons Recommended Citation Mountis, Elene G. (1996) "Cultural Relativity and Universalism: Reevaluating Gender Rights in a Multicultural Context," Penn State International Law Review: Vol. 15: No. 1, Article 3. Available at: http://elibrary.law.psu.edu/psilr/vol15/iss1/3 This Article is brought to you for free and open access by Penn State Law eLibrary. It has been accepted for inclusion in Penn State International Law Review by an authorized administrator of Penn State Law eLibrary. For more information, please contact [email protected]. Cultural Relativity and Universalism: Reevaluating Gender Rights in a Multicultural Context Elene G. Mountis* Those who are bold enough to advance before the age they live in, and to throw off, by the force of their own minds, the prejudices which the maturing reasons on the world will in time disavow, must learn to brave censure. We ought not to be too anxious respecting the opinion of others. Mary Wollstonecraft, (1797)1 I. Introduction A tension between two analytical approaches which aim to strengthen human rights laws has divided the international community and has served as a barrier to the promotion of human rights. The first school of thought, Universalism, promotes the belief that all human beings are born with the same set of inherent human rights, guaranteed to them simply because they are human.2 * J.D., University of Pittsburgh School of Law, 1995; B.A., University of Pittsburgh, Summa Cum Laude, 1992.
    [Show full text]
  • Bridges and Barricades: Rethinking Polemics and Intransigence in the Campaign Against Female Circumcision L
    Case Western Reserve Law Review Volume 47 | Issue 2 1997 Bridges and Barricades: Rethinking Polemics and Intransigence in the Campaign against Female Circumcision L. Amede Obiora Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation L. Amede Obiora, Bridges and Barricades: Rethinking Polemics and Intransigence in the Campaign against Female Circumcision, 47 Case W. Res. L. Rev. 275 (1997) Available at: https://scholarlycommons.law.case.edu/caselrev/vol47/iss2/4 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. BRIDGES AND BARRICADES: RETHINKING POLEMICS AND INTRANSIGENCE IN THE CAMPAIGN AGAINST FEMALE CIRCUMCISION L. Amede Obiorat I. INTRODUCTION Walls turned sideways are bridges. Angela Davis A. On Cultural Self-Determination: Whose Culture? Which Self?. The United Nations World Conference on Women, held in Beijing in 1995, was hailed as a milestone in the quest for gender equality. The proceedings at the forum focused on an agenda that included issues pertaining to the sexual and reproductive rights of women, with emphasis on freedom from coercion, discrimination, and violence.' Denouncing culture as a principal source of gender- based violence and exploitation, the majority of participants insisted that states have a duty, regardless of their particular cultural sys- t The author is an Igbo woman conducting research and teaching in the United States.
    [Show full text]
  • The Beliefs in the Necessity of Circumcising Women Are Remarkably Similar Among Many African and Arab Societies. Female Virginit
    13 FEMALE EXCISION: TilE FEMINIST CONUNDRUM Claire Lamb The beliefs in the necessity of circumcising women are remarkably similar among many African and Arab societies. Female virginity and chastity are important values in traditional African-Arab cultures. Virginity, inextricably linked with purity and female chastity, reflects the moral quality of a woman's entire family. The surgical procedures collectively known as female circumcision! are thought to serve this end by attenuating or eliminating sexual desire. Defenders of the practice insist that an intact clitoris stimulates hypersexual appetites that provoke women into making unlimited sexual demands that can only be satisfied by promiscuous and illicit behavior bringing shame to family and community. Excising and/or infibulation are regarded as necessary means to keep the young girl pure and the married woman faithful. It is thought as vital to protect the girl from not only herself, but society as well. Supporters of the practice are convinced that the ritual cements social and political cohesion among communities. Identification with one's culture or lineage group is important to those families who want their children fully accepted into their community. Among many Sierra Leoneans, circumcision is defended by elders as a "social leveller" as it is performed on all females irrespective of socio-economic status, education or religious background, believing this will maintain equality.2 For many Afro-Arab societies the practice is historically embedded in complex definitions of masculinity and femininity. For example, the Dagon and Bambara of Mali believe human beings at birth possess both male and female souls. The boy's "female" soul is in the prepuce, the girls' "male" soul in the clitoris.
    [Show full text]