This week’s blog by Anna McCormick, Programme Manager at Soroptimist International, examines the conflict that can arise between traditional cultural practices and law, particularly with regard to women and gender-violence.
The recent Trust Women Conference in
One of the main themes from the conference was what happens when culture clashes with law and how this affects women and girls in terms of gender violence. The argument of cultural relativism still exists for many, but from a human rights perspective, there is no excuse for any form of gender violence. Tradition and culture can not continue to be used as an excuse. When cultural traditions are harmful; they must be prevented and stopped.
Shameen Obaid Chinoy, director of ‘Saving Face’ – a documentary about women who have had acid thrown over them – spoke of seeing families every day who are able to trump law with their culture. If a girl or woman does not have the support of her own family, or indeed it is they who are responsible for the acid attack, it is very difficult for her to report the crime, and so the crime perpetuates.
In
Nazir Afal, crown prosecutor of honour killings in the north-west of the UK, believes that things need to change socially. More men need to be sitting at these conferences, he says, more men need to be passionate about the rights of women. Nazir is also shocked by men’s obsession with women’s sexual behaviour. Through FGM, adultery, rape and covering up women’s bodies, they aim to deny women of their own bodies and their sexuality. Culturally, he says, men are seen as like gold: if they fall in mud, they wipe it off and they are clean. Women, on the other hand, are perceived to be like silk: they drop once in mud, and they are stained forever.
Fiona Sampson, Executive Director of The Equality Effect, talked about the 160 Girls Project. 160 Kenyan girls are suing their Government for allowing them to be raped, offering them no means of protection through the law. The Kenyan term for rape is ‘defilement’, an old English term used when talking about property. When one of the 160 went to court she saw the man who raped her was in the courtroom. She stood up with her baby, who was born as a result of the rape, turned to the judge and said “I have this baby, I don’t want this baby, that man over there raped me. He is free, I am not, what are you going to do about it”?. The lawyers for the girls are claiming that because there was a complete failure by Kenyan Police to protect these girls, it is a form of sexual discrimination. Read more on the 160 Girls’ rape case here.
Countries with parallel legal systems are statistically those countries with higher amounts of gender violence. Cultural laws trump national and international law all the time within many global communities.
CSW 57 is nearly upon us and the primary theme will be eliminating all forms of violence against women and girls. Soroptimist International and many other leading women’s rights organisations will be in attendance. This is our opportunity to stand up and fight for an outcome document that can actually change things. Gender violence and the root of gender violence is currently on the world’s news agenda, and we need to seize this opportunity, right now. A strong message needs to be sent out to the world, that culture can not be used as a reason for gender violence, and it will not be excused.
Read more about CSW57 and SI’s International Women’s Day action on violence against women.