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Constructing a Global Law-Violence against Women and the Human Rights System

Published online by Cambridge University Press:  27 December 2018

Sally Engle Merry
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Abstract

This ethnographic analysis of one of the core human rights conventions suggests that despite the lack of enforceability of this convention and its operation within the framework of state sovereignty, it is similar to state law. The Convention on the Elimination of All Forms of Discrimination against Women, or CEDAW, the major UN convention on the status of women, articulates a vision of women's equal protection from discrimination and addresses gender-based violence as a form of discrimination. It had been ratified by 171 nation states as of mid-2003. Its implementation relies on a complex process of periodic reporting to a global body meeting in New York and a symbiotic if sometimes contentious relationship between government representatives and international and domestic NGOs. Like state law, it serves to articulate and name problems and delineate solutions. It provides a resource for activists endeavoring to address problems of women's status and turns the international gaze on resisting nations. Its regulatory strength depends on the cultural legitimacy of the international process of consensus building and related social movements to define social justice in these terms. Thus, like state law, its impact depends on its cultural legitimacy and its embodiment in local cultures and legal consciousness. This examination of CEDAW as quasi law extends our understanding of law as a plural and a symbolic system rooted in a particular historical moment of globalization.

Type
Symposium on Violence Between Intimates, Globalization, and the State
Information
Law & Social Inquiry , Volume 28 , Issue 4 , Fall 2003 , pp. 941 - 977
Copyright
Copyright © American Bar Foundation, 2003 

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References

Afsharipour, Afra. 1999. Empowering Ourselves: The Role of Women's NGOs in the Enforcement of the Women's Convention. Columbia Law Review 99: 129–73.Google Scholar
Agnes, Flavia. 1996. The Domestic Applications of International Human Rights Norms Relevant to Women's Human Rights: Strategies of Law Reform in the Indian Context. In Bymes, Connors, and Bik 1996, 101–13.Google Scholar
Alston, Philip, ed. 1992. The United Nations and Human Rights: A Critical Appraisal. Oxford, England: Clarendon Press.Google Scholar
An-Na'im, Abdullahi Ahmed. 1992. Human Rights in Cross-Cultural Perspectives: A Quest for Consensus. Philadelphia: University of Pennsylvania Press.Google Scholar
Bayefsky, Anne F. 2001. The UN Human Rights Treaty System: Universality at the Crossroads. Ardsley, N. Y.: Transnational Publishers.Google Scholar
Bernard, Desiree. 1996. The Work of the Committee on the Elimination of Discrimination against Women: Its Focus on Nationality, Custom, Culture and the Rights of the GirlChild. In Bymes, Connors, and Bik 1996, 72–85.Google Scholar
Bunch, Charlotte. 1990. Women's Rights as Human Rights: Toward a Re-Vision of Human Rights. Human Rights Quarterly 12: 489–98.Google Scholar
Bunch, Charlotte. 1997. The Intolerable Status Quo: Violence against Women and Girls. The Progress of Nations 1997. New York: UNICEF.Google Scholar
Byrnes, Andrew, and Connors, Jane. 1996. Enforcing the Human Rights of Women: A Complaints Procedure for the Women's Convention-Draft Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women. Brooklyn Journal of International Law 21: 679.Google Scholar
Byrnes, Andrew, Connors, Jane, and Bik, Lum, eds. 1996. Advancing the Human Rights of Women: Using International Human Rights Standards in Domestic Litigation. London: Commonwealth Secretariat.Google Scholar
Charlesworth, Hilary. 1994. What Are “Women's International Human Rights”? In Cook 1994d, 58–84.Google Scholar
Collier, Jane Fishburne. 1997. From Duty to Desire: Remaking Families in a Spanish Village. Princeton, N. J.: Princeton University Press.Google Scholar
Comaroff, Jean, and Comaroff, John L. 1991. Of Revelation and Revolution. Vol. 1, Christianity, Colonialism, and Consciousness in South Africa. Chicago: University of Chicago Press.Google Scholar
Comaroff, John L., and Comaroff, Jean. 1997. OfRevelation and Revolution. Vol. 2, The Diakctics of Modernity on a South African Frontier. Chicago: University of Chicago Press.Google Scholar
Cook, Rebecca J. 1990. Reservations to the Convention on the Elimination of All Forms of Discrimination against Women. Virginia Journal of International Law 30: 643.Google Scholar
Cook, Rebecca J. 1994a. State Accountability under the Convention on the Elimination of All Forms of Discrimination against Women. In Cook 1994d, 228–57.Google Scholar
Cook, Rebecca J. 1994b. State Responsibility for Violations of Women's Human Rights. Harvard Human Rights Journal 7: 125–75.Google Scholar
Cook, Rebecca J. 1994c. Women's International Human Rights Law: The Way Forward. In Cook 1994d, 3–36.Google Scholar
Cook, Rebecca J., ed. 1994d. Human Rights of Women: National and International Perspectives. Philadelphia: University of Pennsylvania Press.Google Scholar
Coomaraswamy, Radhika. 1994. To Bellow Like a Cow: Women, Ethnicity, and the Discourse of Rights. In Cook 1994d, 39–57.Google Scholar
DAW 2000. See United Nations. Department of Economic and Financial Affairs. Division for the Advancement of Women.Google Scholar
Egyptian Non-Governmental Organizations Coalition. 2000. CEDAW: The Shadow Report. Egyptian NGO Coalition. Photocopied booklet.Google Scholar
Ewick, Patricia, and Silbey, Susan. 1998. The Common Place of Law. Chicago: University of Chicago Press.Google Scholar
Fanon, Frantz. 1963. Wretched of the Earth. New York: Grove.Google Scholar
Fitzpatrick, Joan. 1994. The Use of International Human Rights Norms to Combat Violence against Women. In Cook 1994d, 532–71.Google Scholar
Foot, Rosemary. 2000. Rights beyond Borders: The Global Community and the Struggle over Human Rights in China. New York: Oxford University Press.Google Scholar
Green, December. 1999. Gender Violence in Africa: African Women's Responses. New York: St. Martin's Press.Google Scholar
Hajjar, Lisa. 2001. Domestic Violence and Shari'a: A Comparative Study of Muslim Societies in the Middle East, Africa and Asia. (Manuscript on file with author.).Google Scholar
Hossain, Sara. 1994. Equality in the Home: Women's Rights and Personal Laws in South Asia. In Cook 1994d, 465–95.Google Scholar
Ignatieff, Michael. 2001. Human Rights as Politics and Idolatry. Princeton, N. J.: Princeton University Press.Google Scholar
Ignatieff, Michael. 2002. American Exceptionalism and Human Rights. (Manuscript on file with author.).Google Scholar
Jacobson, Roberta. 1992. The Committee on the Elimination of Discrimination against Women. In Alston 1992, 444–72.Google Scholar
Keck, Margaret E., and Sikkink, Kathryn. 1998. Activists beyond Borders: Advocacy Networks in International Politics. Ithaca, N. Y.: Cornell University Press.Google Scholar
Lazarus-Black, Mindie. 1994. Legitimate Acts and Illegal Encounters: Law and Society in Antigua and Barbuda. Washington, D. C.: Smithsonian Institution Press.Google Scholar
Lazarus-Black, Mindie, and Hirsch, Susan, eds. 1994. Contested States: Law, Hegemony, and Resistance. New York: Routledge.Google Scholar
Merry, Sally Engle. 1990. Getting Justice and Getting Even. Chicago: University of Chicago Press.Google Scholar
Merry, Sally Engle. 2000. Colonizing Hawai'i: The Cultural Power of Law. Princeton, N. J.: Princeton University Press.Google Scholar
Merry, Sally Engle. 2001a. Changing Rights, Changing Culture. In Culture and Rights, ed. Cowan, Jane, Dembour, Marie-Benedicte, and Wilson, Richard. New York: Cambridge University Press.Google Scholar
Merry, Sally Engle. 2001b. Rights, Religion, and Community: Approaches to Violence against Women in the Context of Globalization. Law and Society Review 35: 39–88.Google Scholar
Razack, Sherene. H. 1998. Looking White People in the Eye: Gender, Race, and Culture in Courtrooms and Classrooms. Toronto: University of Toronto Press.Google Scholar
Reanda, Laura. 1992. The Commission on the Status of Women. In Alston 1992, 265–304.Google Scholar
Resnik, Judith. 2001. Categorical Federalism: Jurisdiction, Gender, and the Globe. Yale Law Journal 111: 619–80.Google Scholar
Riles, Annelise. 1999. Infinity within the Brackets. American Ethnologist 25: 1–21.Google Scholar
Sarat, Austin, and Kearns, Thomas, eds. 1993. Law and Everyday Life. Ann Arbor: University of Michigan Press.Google Scholar
Schneider, Elizabeth. 2000. Battered Women and Feminist Lawmaking. New Haven, Conn.: Yale University Press.Google Scholar
Schoepp-Schilling, Hanna Beate. 2000. CEDAW: A Key Instrument for Promoting Human Rights of Women. Talk delivered in St. Petersburg, Russia, 13 November. (Manuscript on file with author.).Google Scholar
Schuler, Margaret, ed. 1992. Freedom from Violence: Women's Strategies from around the World. New York: UNIFEM. Women Law and Development OEF International.Google Scholar
Singh, Kirti. 1994. Obstacles to Women's Rights in India. In Cook 1994d, 375–96.Google Scholar
Sinha, Anita. 2001. Domestic Violence and U. S. Asylum Law: Eliminating the “Culture Hook” for Claims Involving Gender-Related Persecution. New York University Law Review 76: 1562–98.Google Scholar
Ulrich, Jennifer L. 2000. Confronting Gender-Based Violence with International Instruments: Is a Solution to the Pandemic within Reach Indiana Journal of Global Legal Studies 7: 629–54.Google Scholar
United Nations. 1993. The Vienna Declaration and Platform for Action.Google Scholar
United Nations. 1995. Beijing Declaration and Platform for Action: Platform 3. The IV World Conference on Women, 1995-Beijing, China: Official Documents. Available at http://gopher://gopher.undp.org:70/00/uncofns/women/off/platform.3.25 October 1995.Google Scholar
United Nations. Committee on the Discrimination against Women [CEDAW]. 2000. Fifty-fifth Session. General Assembly. Official Records. Supplement 38. Report of the Committee on the Elimination of Discrimination against Women: Twenty-second Session and Twenty-third Session. A/55/38.Google Scholar
United Nations. Committee on the Discrimination against Women [CEDAW]. 2001. Initial Reports of States Parties: Guinea. Consideration of Reports Submitted by States Parties under Article 18 of the Convention on the Elimination of all Forms of Discrimination against Women. United Nations CEDAW/C/GIN/1.Google Scholar
United Nations. Department of Economic and Financial Affairs Division for the Advancement of Women [DAW]. 2000. Assessing the Status of Women: A Guide to Reporting under the Convention on the Elimination of All Forms of Discrimination against Women. New York: United Nations.Google Scholar
United Nations. Economic and Social Commission for Asia and the Pacific. 2000. Using CEDAW at the Grass Roots: Convention on the Elimination of All Forms of Discrimination against Women in the Pacific. UN publication E.01.11.F9. New York: United Nations.Google Scholar
United Nations. General Assembly. 1994. Declaration on Violence against Women. GA resolution 48/104. UN document no. A/48/49.Google Scholar
United Nations. Secretary General. 2001. Report of the Secretary General: Status of Submission of Reports by States Parties under Article 18 of the Convention. CEDAW/C/2001/II/2.Google Scholar
Volpp, Leti. 2000. Blaming Culture for Bad Behavior. Yale Journal of Law and Humanities 12: 89–116.Google Scholar
Wilson, Richard A. 1996. Introduction: Human Rights, Culture and Context. In Human Rights, Culture and Context: Anthropological Perspectives, ed. Wilson, Richard A. London: Pluto Press.Google Scholar