IndexThe Global SouthWomen as victimsThe voice of womenWomen's rights, just like human rights, are norms that aim to provide a certain standard of living and access to services for all women regardless of their religion or any other status. They exist as a separate concept outside of human rights not because they constitute a different set of rights, but because their realization is more complicated than the realization of the same rights concerning men. Considering the fact that women's rights are a relatively new concept, in many countries women have only been able to legally exercise their freedoms for a century, women face many challenges when making the same demands as men. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an original essay Cultural relativism is one of the most important threats when it comes to the respect of women's rights in different parts of the world. The concept assumes that there are many different cultures, each with its own set of traditions, and each must be judged by its own values. The term is often used in discussions regarding the implementation of women's rights in the Global South (a term referring to countries that are "mostly (...) low-income and often politically or culturally marginalized"). Men representing local communities use this as an argument to defend their harmful practices and discrimination of women as they present them as an intrinsic part of their cultural identity that cannot be changed. On the other hand, cultural relativism undermines the principle of gender equality in Western societies where women from foreign cultures are perceived as victims of those cultures rather than as conscious members of their communities. This essay will argue that cultural relativism poses a serious challenge to the realization of women's rights. The work was divided into two parts. The first part will consider the tradition of early marriage in Nigeria as an example of how culture influences the realization of women's rights in the Global South; the second part will analyze the ruling of the European Court of Human Rights regarding the practice of wearing Islamic clothing in educational institutions in Western countries which will show how the process of welcoming different cultures into a single society can prove harmful in the fight for gender equality. In both cases, the article will study how the cultural relativist approach prevents women and the international community from successfully taking action against discrimination against women. The Global South Many countries in the Global South do not oppose harmful traditions that are against international law on women's rights. Women are consistently denied basic rights and freedoms, such as personal freedom and security, and freedom from degrading treatment. Local political leaders refuse to recognize their traditional practices as rights violations; since their customs originate in religion or traditional history, these are considered valid and binding. Men present their culture as something sacrosanct and women's inferiority as a natural order. Their narrative has an impact both on women's awareness of their position in society and on the attitude of Western countries that want to introduce change in foreign communities. As a result, it prevents both local women and international bodies from taking firm action against discrimination. According to the United Nations Children's Fund(UNICEF), in 2017 in Nigeria, 18% of girls before the age of 15 and 44% before the age of 18 were married. Child marriage constitutes a violation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), ratified by Nigeria, which obliges the State to guarantee free and full consent to marriage. Furthermore, this practice could cause further harm. A newly married girl has to leave school to start working in her husband's house and is often a victim of domestic violence. Child marriage can also lead to teenage pregnancy which in turn puts the young mother's life at risk. Since most women in Nigeria do not have access to healthcare, maternal mortality rates are very high (917 maternal deaths per 100,000 live births compared to the global average of 211). Men see this custom as another form of control over women, a way to 'preserve the chastity of our youth' and avoid premarital pregnancies that would bring dishonor to the girl's family. Even local communities recognize it as a natural obligation; a woman is expected to become a wife and mother, so educating her in school is seen as a waste of time. Perceptions of the practice of child marriage may vary depending on the region of the country, but many locals recognize it as a commonly binding custom. Cultural relativism presents culture as the most valid entity. Culture is spoken of as if it was imposed on a certain community eons ago by some nameless force and the reasons behind it are beyond human comprehension. Everything else can be changed or sacrificed to suit its norms, but never the culture itself. As a result, women feel helpless and do not even think about changing the dominant order. In Nigeria, girls rarely oppose the practice of child marriage. Many of them believe that marriage will save them from the burden of housework and hope for some kind of love and support from their future husband. In reality, they exchange one form of slavery for another. This does not mean, however, that they support the harmful tradition; they simply do not know that their rights are being violated because cultural relativism makes them assume that they have none at all. Cultural relativism also undermines external actions designed to help women achieve gender equality. On the one hand, Western countries are often discouraged from engaging in the promotion of human rights in the Global South as they may be accused of ignorance and imposing their own values on foreign communities. On the other hand, the power of cultural relativism is underestimated when it comes to international law. Nigeria is party to CEDAW which obliges its parties to take action against gender inequality in their countries. Article 5 of that convention seeks to address the challenge posed by cultural relativism; recognizes the existence of various cultural models that discriminate against women and encourages States to change them. Many states believe that a simple legislative amendment can make the change. However, the CEDAW Committee sees the change as a gradual process of social education. In Nigeria, there are laws that protect children from child marriage, but people still follow the ancient tradition. The current approach is harmful when it comes to the proper realization of women's rights as it allows countries in the Global South to continue doing what they were doing while neglecting the real cause of the problem. A simple amendment to the law will achieve nothing if people continue to implement the same gender models. Women as victims The cultural relativist approach has repercussionsdifferent, but still negative, for the realization of women's rights in Western countries. The issue arises during the process of multicultural adaptation. Although today's society is believed to be open and international, states often encounter difficulties when trying to accommodate cultural differences among members of their countries. Governments, sometimes unconsciously, take a cultural relativist position when evaluating foreign practices based on their values, and there are many cases where stereotypes and misperceptions of certain cultures prevail over common sense. Such an approach has a heavy impact on the rights of women who are often described as victims of their cultures rather than as conscious participants. This discredits their opinion on the issue and promotes an unfair and harmful image of a certain culture. This can be observed in discussions regarding women wearing Islamic clothing in public spaces which, from the Western perspective, is a symbol of women's oppression. In the case Leyla Şahin v. Turkey, the appellant, who was a fifth-year medical student at Istanbul University and a practicing Muslim, claimed that the new policy banning students wearing headscarves from entering classrooms and taking exams violates numerous rights provided by the European Convention on Human Rights, namely freedom of thought, conscience and religion and the right to education. The judges found the appeal admissible but, ultimately, considered that there had been no violations of the rights and freedoms indicated. The majority held that the State acted within a reasonable margin of appreciation when it violated the appellant's rights. The court referred to the principles of secularism and gender equality in justifying its decision. They argued that wearing the Islamic headscarf conveyed a message contrary to the principles of gender equality, tolerance and respect for others since it was a tradition imposed on women by a religion and therefore the state had the right to take action against the practice. Unfortunately, in this situation Mrs. Şahin was helpless. Although he provided substantial arguments in support of his case, the court did not address them. He argued that democratic society, like Turkey, should embrace pluralism and freedom to express one's religion instead of censoring it. He also stressed that, although he considers wearing the headscarf to be a religious obligation, he does not intend to impose this duty on other Muslim students; for her the veil was a religious symbol and not a song promoting gender inequality. In the dissenting opinion, Judge Tulkens expressed a similar opinion that the Islamic headscarf should not be seen as a unique sign. The religious garment has many meanings for Muslim women. It can be a declaration of one's religious beliefs, but it can also be an expression of ethnic identity or a political act against Islamophobia and a sign of a woman's independence from stereotypes and her power against the opinion of others. The cultural relativist approach by the state takes that power away from women. A subsequent threat to the Western narrative of cultural relativism is the imbalance of power between the state, the community, and women. The state that has the legislative power may give too much control over practices to the community, for fear of being considered ignorant, or impose too many restrictions on that community when it is guided by its values. In both cases, women's opinion is not taken into account. They are forced to choose between their cultural identity and the freedoms they should have without any restrictions. In the case described, Mrs. Sahin.
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