Article Title
Document Type
Article
Publication Date
Spring 1997
Publication Citation
4 Indiana Journal of Global Legal Studies 355 (1997)
Abstract
In this article, Professor Obiora begins with the premise that the
credibility of traditional legal frameworks has eroded, because the law
remains unable to relieve the oppressions and polarization between cultures,
even in the wake of global institutional transformations that seem to help the
oppressed, particularly women. Professor Obiora offers the Beijing Platform
for Action as a radical new solution for human rights protection, radical in
that it is one of the first declaratives to transcend the previous dichotomy of
issues among women by expressing a commitment to a global framework in
which to address these issues, particularly the feminization ofpoverty. After
a briefdescription of the Platform, the author asks whether it is really possible
to provide such a global framework, given the inherently cultural and
communitarian nature of feminist issues. In the second section, Professor
Obiora argues that because the Platform for Action is not a legally binding
instrument, and because traditional sources of monetary and social support
may not be present, particularly in developing countries, alternative
mechanisms for enforcement of the Platform must be explored As a solution,
the author suggests that in order to realize the Bey'ing mandate, women need
to collaborate and move to mechanisms outside traditional institutions. In the
third section of the article, Professor Obiora responds to Aihwa Ong 's article,
and begins by highlighting Ong's concept offeminist imperialism as a starting
context for a discussion of the role of culture in defining a feminist agenda for
the alleviation of women's oppression. Professor Obiora then argues that the
international human rights regime is enhanced by culturally-sensitive
approaches, as centrality is the framework for existence. Yet, Professor
Obiora questions how to define and validate custom or culture in light of the
inevitable effect of world economic, political, and cultural forces. Professor
Obiora also questions how to reconcile the validation of cultural practices that
are seen by Western feminists as oppressive to the women who practice them.
Finally, in the fourth section, Professor Obiora attempts to integrate the
previously raised issues with a discussion of a universalist-relativist
framework. In doing so, the author suggests that the greatest challenge to
developing a human rights regime that appeals to all cultures may be to
negotiate a productive end for the recognition of difference, balancing the
benefits of both universalism and relativism.
Recommended Citation
Obiora, L. Amede
(1997)
"Feminism, Globalization and Culture: After Beijing,"
Indiana Journal of Global Legal Studies: Vol. 4:
Iss.
2, Article 5.
Available at:
https://www.repository.law.indiana.edu/ijgls/vol4/iss2/5