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Patriarchy, Marriage and the Rights of Widows in Nigeria
Abstract
Many women in several Nigerian communities dread the experience of widowhood. This is not just because of the pain arising from the loss of one’s husband, but more so, as a result of the numerous dehumanising rituals and practices associated with widowhood. The fact that these practices are interpreted as being founded on the prevailing traditions of the people poses a bigger problem. But then, the question is: “what aspects of the tradition foster the violation of widows’ rights and in what ways are these violations manifested? Employing the methods of analysis and description, this paper identifies patriarchy and marriage as the conceptual framework on which a proper of understanding widows’ experiences in Nigeria is based. It argues that the institution of patriarchy and marriage, as aspects of the Nigerian traditional society, indeed, suffice as satisfactory explanations for the practice of widowhood in Nigeria. They foster the violation of widows’ rights. Finally, as an integral part of its findings, the paper argues that the following
constitute the manifestations of the violation of widows’ rights: dethronement, defacement, forced levirate marriage; disinheritance and denial of the right of dignity and equality.
... Despite these attributes of the aged, most of them are neglected by their families and communities and so are not being presented for health checks. This justifies this study neglect of the aged is a form of Elder Abuse which is a very important public health issue and violation of human rights [6,7,8]. ...
... Widows are women, young or old, whose husbands are dead. [7,8] They are most times humiliated traditionally by their husbands' family members and community. [8,12] They face surmounting problems. ...
... [7,8] They are most times humiliated traditionally by their husbands' family members and community. [8,12] They face surmounting problems. As a preparatory burial ritual, some of the widows are kept to sleep in the rooms where their husbands are being embalmed. ...
Background: Otorhinolaryngological trauma is common in clinical practice. The disaster caused by otorhinolaryngological trauma arises from its morbidity and mortality. This is due to increased cost of care and varying degree of physical, cosmetic and functional disfigurements. Aim: This study was conducted to determine the causes, mechanisms of trauma and outcomes of these injuries in private setting; and to profer possible preventive measures. Methods: This study was a one-year descriptive prospective study on patients with otorhinolaryngological trauma managed at three private health settings in Benin City, Nigeria. All consecutive trauma patients seen from May 2016 to April 2017 constituted the sample size. Total population sampling technique was used. Statistical analysis was performed using SPSS version 20.0. Results: A total of 31 patients were studied. Age ranged from 1 to 80 years. Median age was 35 years. Male to female ratio was 1.1:1. The commonest cause of trauma was use of cotton buds to clean the ears in 48.4% patients. This was followed by foreign bodies in the ear in 12.9% of the patients. This was not statistically significant as p>0.05. The commonest mechanism of trauma Original Research Article Akpalaba et al.; JOCAMR, 13(1): 20-28, 2021; Article no.JOCAMR.65241 21 was from Tympanic membrane perforation, canal laceration and ear canal inflammation in 48.4% of patients. The ear was the most affected region in 80.6% of the patients. The greatest complain at presentation was ear discharge in 38.7% of the patients, followed by hearing loss in 35.5% patients. The commonest complication was tympanic membrane perforation noted in 48.4% of the study population followed by chronic suppurative otitis media in 35.5% of them. Majority of the subjects (87.1%) were treated as outpatients. Only 12.9% of the subjects required admission to the ward. The most common treatment modalities used were 'keeping the ear dry' protocol, ear toileting and daily ear dressing in 80.6%, 41.9% and 38.7% of the patients respectively. The median length of hospital stay for in-patients was 7 days (range 3 to 11 days). There was no mortality. Majority of the patients (77.4%) had full recovery. Tympanic membrane perforation was persistent in 22.6% of the patients. Conclusion: Otorhinolaryngological trauma constitutes a significant cause of morbidity in private hospital setting. Majority of these trauma are both preventable and treatable through public enlightenment programmes and early presentation to Otorhinolaryngologists respectively.
... Similarly, socio-cultural practices further promote discrimination and oppression against women (Arndt 2000;Ezejiofor 2011). Culture, generally seen as a way of life of people, influences or forms the basis of identity and practices in societies. ...
... Ezeilo (2006) suggests that Nigeria is heavily cultural oriented, and, in most cases, cultural beliefs and practices are infused into religion, and, as such, the intertwining of both culture and religion impact on the interpretation of womanhood in society. The perception of women's economic, political and socio-cultural rights is determined by this fusion of culture and religion thus making it difficult to ascertain the particular rights of women at any given time (Ezejiofor 2011). ...
... Culturally, some women are denied salient rights and discriminated against as they are perceived as second-class citizens and property of their husbands (Ezejiofor 2011). The cultural practice of bride price positions women as property bought and paid for by men, thus men are free to subject women to their authorities, which, in most cases, includes being discriminated against by being denied essential rights like education, work and social status in society. ...
Gender equality is still a major bane confronting the Nigerian state as deep rooted socio-cultural and colonial issues have continued to influence society's views of who a woman is and her sense of being. Therefore, Nigerian women, widely considered as “second class citizens,” are subjected to numerous abuses and denied socio-cultural, political and economic benefits such as education, equal opportunities, and freedom. The #BringBackOurGirls movement, although established to mainly advocate for the release of the over 200 abducted Chibok school girls by Boko Haram, has however used the emerged platform of digital activism to challenge normative discourse about women and violence meted out to women and girl children within the Nigerian state. Consequently, the movement is argued to be at the forefront advocating for social change towards women and girl children by producing a counter-discourse which seeks to promote gender equality and safe education for girl children.
... Richards and Baumgardner (2000) describe a feminist as any politically and socially aware woman or man who works for equality inside or outside the movement, writes about feminism, or declares her-or oneself a feminist in the sake of increasing equality‖. Feminism is defined by Lorber (2005), as quoted by Ezejiofor (2011), as a social movement aimed at achieving gender equality. ...
... According to him, the word 'patriarchy' was used in the 1960s to refer to the systematic arrangement of male dominance and female submission. It was first coined to characterize the authority of the father as head of family (Ezejiofor, 2011). Patriarchy word refers to a male-dominated system that oppresses women via its social, political, and economic structures. ...
This study explored the Perception of the Harmful Practices against Women by Benin City Residents. The objectives of the study aim to understand the attitudes and beliefs of residents towards harmful cultural practices that negatively impact the lives of women and girls. The practices under examination in this study include female genital mutilation (FGM), child marriage, and domestic violence. These harmful practices are prevalent in many communities around the world and cause significant physical, psychological, and social harm to women and girls. Despite efforts to eradicate these practices, they persist due to deeply ingrained cultural beliefs and societal attitudes. The survey served as the research design while the research instrument used for data collection was questionnaire. To understand the perception of harmful practices against women in Benin City, a mixed-methods approach was adopted. The study was anchored on Feminism and Cultivation theory. The study used survey data to gather data from a sample of residents in the city. The survey data was used to gather demographic information and measure attitudes towards harmful practices. The findings of the study indicate that while a majority of residents in Benin City recognize FGM, child marriage, and domestic violence as harmful, they also hold traditional cultural beliefs that contribute to the perpetuation of these practices. The study found that traditional cultural practices, lack of education and awareness, and gender-based power imbalances are key factors that contribute to the persistence of harmful practices. The findings highlight the need for targeted education and awareness programs that challenge harmful attitudes and promote gender equality. In conclusion, this study provides valuable insights into the perception of harmful practices against women in Benin City and sheds light on the attitudes and beliefs that contribute to their perpetuation. The findings of the study have important implications for the media, policymakers and organizations working to eradicate harmful practices and promote gender equality. The study highlights the need for comprehensive interventions that target the root causes of harmful practices and promote gender equality in a culturally sensitive manner.
... [105][106][107][108] The tradition of widow inheritance usually by a male relative of the late spouse has been identified as promoting spread of HIV/AIDS. 109 The act places both the man and the woman with different sexual histories at the risk of contracting HIV/AIDS. 109 Customarily, widow inheritance is practiced either for companionship, sexual fulfilment and economic support or for ritual sex performed to cleanse the widow after the burial of the spouse, rites of passage accompanying the birth, marriage and death of close family members. ...
... 109 The act places both the man and the woman with different sexual histories at the risk of contracting HIV/AIDS. 109 Customarily, widow inheritance is practiced either for companionship, sexual fulfilment and economic support or for ritual sex performed to cleanse the widow after the burial of the spouse, rites of passage accompanying the birth, marriage and death of close family members. [110][111][112] In such cases, women are not expected to negotiate safe sex with their partners, thereby lacking control in sexual decisions. ...
... Ozoya et al. (2017:12) Thus, as Nigerian women are not adequately empowered, at the death of their husbands they become 'victims of circumstances' (Olanisebe & Oladosu 2014:1), as the loss of their husbands exposes them to painful experiences. Commenting on the experiences of Nigerian widows, Ezejiofor (2011) wrote that: ...
The description of levirate marriage in Deuteronomy 25:5–10 has reminiscences with the same practice in Africa, especially isupo (levirate marriage) among the Yoruba of south-west Nigeria. The article seeks the relevance of this text in Nigeria in the possibility of levirate marriage still being of some socio-economic value to Christian widows and the society at large. It employs the historical-critical and descriptive methods. The work finds that in both the Hebrew and African cultures, levirate marriage served the purpose of raising children for the deceased, who would perpetuate his lineage and inherit his property. But in Africa the institution was most significant in providing economic and social protection for widows and their children. Unfortunately, levirate marriage is fast disappearing in Nigeria because of Western influence, particularly Christianity. The effect of this for many widows is abject poverty, by virtue of which some of them resort to illegitimate and dishonouring means to make ends meet. The work, therefore, concludes that resuscitating levirate marriage would be of immense socio-economic value to Nigerian widows and the society.Contribution: The article is a contribution to Old Testament theology and Christian ethics. It proposes that levirate marriage can still be employed as a means of socio-economic protection for Nigerian Christian widows.
... A man loses his wife, and could marry within a year with no one asking any question. However, if a woman does so, she receives scorn and chastisement from her culture (Ezejiofor 2011;Young, 2006). Indeed, Kiné struggles every day to reject the pestering of men including: M. Gaye, Massamba Wade the gambler, Boubacar Omar Payane and others. ...
The study examines socio-cultural themes in African cinema with a specific focus on Souleyman Cissé’s Yeelen (1987) and Ousmane Sembeǹ e’s Faat Kiné (2000). The female characters epitomise the role of women within the Bambara culture as interlocutors and mediators between humans against their fellow humans and the deities. The enduring relevance of Faat Kiné (2000) cannot be simply glossed over when it comes to the travails of a ‘modern’ woman within the patriarchal constructed societies that characterise some traditional African states. The study concludes that traditional African women wield some influence in guiding the moral and spiritual direction of their children. In the case of Faat Kiné, Sembène appears to strongly suggest that education, and economic empowerment of females are the ingredients that lead to the collapse of male-dominated cultural and religious influence(s) within society.
... Ozoya et al. (2017:12) Thus, as Nigerian women are not adequately empowered, at the death of their husbands they become 'victims of circumstances' (Olanisebe & Oladosu 2014:1), as the loss of their husbands exposes them to painful experiences. Commenting on the experiences of Nigerian widows, Ezejiofor (2011) wrote that: ...
The description of levirate marriage in Deuteronomy 25:5–10 has reminiscences with the same practice in Africa, especially isupo (levirate marriage) among the Yoruba of south-west Nigeria. The article seeks the relevance of this text in Nigeria in the possibility of levirate marriage still being of some socio-economic value to Christian widows and the society at large. It employs the historical-critical and descriptive methods. The work finds that in both the Hebrew and African cultures, levirate marriage served the purpose of raising children for the deceased, who would perpetuate his lineage and inherit his property. But in Africa the institution was most significant in providing economic and social protection for widows and their children. Unfortunately, levirate marriage is fast disappearing in Nigeria because of Western influence, particularly Christianity. The effect of this for many widows is abject poverty, by virtue of which some of them resort to illegitimate and dishonouring means to make ends meet. The work, therefore, concludes that resuscitating levirate marriage would be of immense socio-economic value to Nigerian widows and the society. Contribution: The article is a contribution to Old Testament theology and Christian ethics. It proposes that levirate marriage can still be employed as a means of socio-economic protection for Nigerian Christian widows.
... As illustrated below, they draw their argument from history and argue that this cultural practice has always been used to prevent the widowed bride from leaving her late husband's homestead (Zulu 2011b: 22-24) We have a culture in place to serve that purpose and it is the only hope we have to stop your sister-in-law from leaving.' In a traditional family set-up, the wealth of the household is often attributed to the husband (Ezejiofor 2011). It might be possible that MaMbatha and Thabi are eager to use culture as the basis of forcing Thenjiwe to stay in a posthumous marriage because they want to protect the assets of the deceased. ...
The women of South Africa have their rights enshrined in the Constitution of 1996. However, in a patriarchal society, women’s rights are often viewed as conflicting with cultural beliefs and practices. This article discusses women’s agency and realignment of the cultural tradition of ukungena or ukungenwa (levirate marriage) in a post-1994 democratic South Africa. The article is framed by the principles of African feminism which guide the argument that this cultural practice can be at turns oppressive or liberating to women, or indeed both. The isiZulu play, Isiko Nelungelo (‘Culture and Rights’) by Nelisiwe Zulu, challenges the tradition of ukungena or ukungenwa and the way in which it infringes on the rights of women to choose who they want to marry if their husbands die. The play also presents the perspective that if women’s agency about whether or not they desire to stay in a posthumous marriage is respected, this custom cannot then be viewed as oppressive. The events in the play introduce a debate over whether the instigators of gender-based violence and abuse are always men, and how women are sometimes ignored as active players or pawns used by men to undermine the emancipation and empowerment of women.
... Do they show love or sympathy understanding that they might be in a comparative position sometime in the future? How do exceptionally positioned ladies utilize their workplaces to lighten the weights of widows in Nigerian conventional society, where widowhood, according to (Ezejiofor, 2011) isn't just seen as a condition of being nevertheless more significantly as an organization. When we consider the lot of ceremonies and practices along with the guidelines and inconveniences that accompany it, we will discover that widowhood is pretty much an institution deciphered and comprehended with regards to the way of life and custom of individuals which control its activities (p.140). ...
Developing nations have been experimenting with different models and theories in their quest for development for decades but are missing some critical elements when mirrored or judged via a Westernized lens. In order for these countries to successfully establish their identity and address issues that have held them back in the past, further study on the use of media and philosophy in correlation with development must be conducted.
The Handbook of Research on Connecting Philosophy, Media, and Development in Developing Countries examines how media can be utilized to bridge the gap between the past and the future for developing countries and drive sustainable development. The book also seeks to reimagine development within developing regions through the prism of their unique cultures, religions, media, and philosophies so they can take hold of their identity and portrayals within the international arena. Covering topics such as human development, new media, language, and culture, this major reference work is ideal for government officials, policymakers, scholars, researchers, academicians, practitioners, instructors, and students.
... Hence, in spite of the positive effect of globalization in compressing the world to a small village with the aim of improving the standard of living of people, it is evident in the literature that the condition of women has remained deplorable in Third World countries (Cohen, 2006). It is against this background that Ezejiofor (2011) argues, with particular reference to Nigeria that in spite of impacts of feminists, women's position has remained far below that of men. ...
This study examined the socio-demographic characteristics of widows in Awori two urban and two rural communities of Awori land in Ogun State, Nigeria and the observance of widowhood rites. It utilized a survey questionnaire containing open and closed ended questions to elicit information from 912 respondents. The linear regression was used in testing the hypothesis formulated for the study, in addition to cross-tabulations and simple percentages. The critical variables in the hypothesis are ten (10) indices which helped to measure the socio-demographic attributes of the widows sampled. The indices are: age, education, income, occupation, number of children, sex of children, religion, type of marriage, form of marriage and place of residence). The purpose was to determine which of these indicators had the most effect on the widowhood practices outcomes. The results revealed no relationships between the dependent and independent variables in the first model except for education and type of marriage which were found to be significantly related to widowhood rites. In the second model, widows’ education and occupation were both positively related to property inheritance and statistically significant. Finally, the study presented conclusion and recommendations on the basis of the findings.
DOI: 10.5901/mjss.2016.v7n4p317
... Hence, in spite of the positive effect of globalization in compressing the world to a small village with the aim of improving the standard of living of people, it is evident in the literature that the condition of women has remained deplorable in Third World countries (Cohen, 2006). It is against this background that Ezejiofor (2011) argues, with particular reference to Nigeria that in spite of impacts of feminists, women's position has remained far below that of men. ...
This study examined the socio-demographic characteristics of widows in Awori two urban and two rural communities of Awori land in Ogun State, Nigeria and the observance of widowhood rites. It utilized a survey questionnaire containing open and closed ended questions to elicit information from 912 respondents. The linear regression was used in testing the hypothesis formulated for the study, in addition to cross-tabulations and simple percentages. The critical variables in the hypothesis are ten (10) indices which helped to measure the socio-demographic attributes of the widows sampled. The indices are: age, education, income, occupation, number of children, sex of children, religion, type of marriage, form of marriage and place of residence). The purpose was to determine which of these indicators had the most effect on the widowhood practices outcomes. The results revealed no relationships between the dependent and independent variables in the first model except for education and type of marriage which were found to be significantly related to widowhood rites. In the second model, widows' education and occupation were both positively related to property inheritance and statistically significant. Finally, the study presented conclusion and recommendations on the basis of the findings.
This paper examines the economic, social and traditional/cultural factors associated with being a widow in Nigeria, as reflected in two Nigerian novels: Temitope Obasa's Strokes of Life and Isioma Izuora Dreams Deferred. Research has shown the mourning rites a widow has to go through to exonerate herself from being involved in the death of her husband without much attention being paid to the motive behind such treatments. This paper examines the motive behind the maltreatment of widows and labelling it a purely economic motif. To achieve this, the paper adopts Marxist theory, which identifies economic exploitation as the central plank on which the reality of widowhood rests. This work also found out that for the widow not to be exploited; she needs to be educated or acquire a skill to survive. The researcher concludes that economic rather than any other means is the reason for the maltreatment of widows in society.
Existing literature has shown that violence against women (VAW) is still common in Africa. Harmful traditional cultural norms have contributed to VAW. The identification and the awareness of the negative effect of these socio-cultural norms (SCN) will reduce VAW in Nigeria. This work looks at the socio-cultural norms (SCN) that lead to violence against rural and sub-urban Nigerian women. A mixed research approach involving 400 people from Ikaland of different age levels, marital status, and educational attainment was adopted. More than 75% of the respondents agreed that blaming the wife for her husband’s angry outburst, not prospering, and his mysterious death are the leading promoters of VAW. Others are; that a woman is not accorded respect if she is not married, and it is not proper for a wife to deed any landed property in her name. Participants suggested that schools could minimise these SCN by using the teaching-learning process, mass media, and professional academic associations to carry out public campaigns. This investigation adds to the current body of information on SCN that promote VAW in the various ethnic groups and provides ways the schools can contribute to combating these norms. Educational stakeholders should implement the recommended school ways of eliminating these identified socio-cultural norms.
The study examined gender, culture and socio-religious issues with regard to HIV/AID prevalence in Anambra State, Nigeria. Since the discovery of Human Immune Deficiency Virus (HIV) over three decades ago, it has plundered the global populations with impunity, resulting in the death of millions of people. The sub-Saharan Africa seems to be the centre of the epidemic, as it records the highest prevalence rates in the world with roughly 25 million people living with HIV in 2012. It also accounted for an estimated 70% of all the people living with HIV and 70% of AIDS deaths in 2011. As a result, the epidemic has had widespread social and economic consequences, not only in the health sector but also in education industry and the wider economy. In 2012 AVERT’S HIV/AIDS statistics records Nigeria as the second largest number of people living with HIV/AID (PLWHA) in Africa. Furthermore, the disease seems to be rearing its ugly head in Anambra state, Nigeria with 8.7% above the national prevalence average rate of 4.5 per cent. Both face to face oral and telephone interviews were employed in collecting the primary data from randomly sampled 14 respondents. A total of 15 itemed questions were administered on 30 Doctors and 230 Nurses making up 260 respondents. Reliability coefficient using Cronbach Alpha is 0.843 which shows that the instrument is internally consistent. Data were analyzed using mean, standard deviation and t-tests. Results revealed among others that: biological issues, poverty, female sexual passivity, domestic violence etc. are gender related factors that exacerbate prevalence of HIV. Findings also show that concubinage or extra marital relations, harmful widowhood practices, patriarchal cultural system, stigma and discrimination are some of the culture induced factors. Furthermore, inadequate information/education about HIV/AIDS, HIV/AIDS denial based on religious beliefs, false claim about cure of HIV/AIDS, false religious assurances against HIV/AIDS, and traditional birth practices are the socio-religious related factors. The work impacts on the urgency for radical advocacy about human dignity, rights and responsibility of all stakeholders in eradicating HIV/AIDS prevalence in the state and wider society. Key Words: Human Immune Deficiency Virus (HIV), Gender, Culture, Religion, human Dignity
There is no doubt that the International Bill of Rights and other international legal instruments have sought to truly liberate every human being by the recognition of the equality and inalienable rights of all persons on the face of the earth as the foundation for peace, justice and freedom. In order to ensure that these rights are enjoyed by all, without exception, state-parties have been enjoined to domesticate the fundamental human rights and to further abrogate existing laws, including customary laws and practices, which constitute impediments to the full enjoyment of these rights by everybody. The Constitution of the Federal Republic of Nigeria, 1999, just as others before it, has incorporated these rights in its chapter four. The thrust of this research, therefore, is to critically examine three provisions of the grund norm – the right to the dignity of the human person, the right to freedom from discrimination and the right to the acquisition and ownership of property – as they concern the liberation of the Igbo woman. This is aimed at determining whether these constitutional provisions have really liberated her from customary practices that degrade, marginalize and disinherit her – whether as a widow, as a childless woman, as an unmarried woman and as an illegitimate daughter. It also questions whether her constitutional guaranteed rights have been abrogated through administrative actions and the struggle going on to liberate her. UJAH: Unizik Journal of Arts and Humanities vol 14 (2) 2013
Human Rights Quarterly 24.2 (2002) 424-486
James 1:27
Mr. Justice Chukwudifu Oputa Former Judge of the Nigerian Supreme Court
Agnes was only twenty when her husband died, leaving her with three children, the youngest of whom was only two weeks old. More than fourteen years after his death, Agnes is still fighting to recover parts of his estate currently controlled by her sister-in-law. A lawsuit she filed in 1988 is still pending and Agnes is uncertain as to when and how the case will finally resolve. Meanwhile, she has had to support herself and her three children without any help from her in-laws, the village community, or the state. Agnes is able to maintain the lawsuit because she bore two sons for her husband. Had she been childless or had she had only female children, her story would have been very different.
Beatrice's husband died intestate in 1991, six years after their marriage. Immediately after his burial, Beatrice's in-laws summoned her to a family meeting and accused her of killing her husband. They forcibly took away her two small children, ordered Beatrice, five months pregnant at the time, to move out of her matrimonial home without her belongings, and told her that she could return after having the baby to swear an oath that she did not kill her husband. Only if they found her innocent would her belongings be released to her. Four years after her husband's death, Beatrice is still very frightened and confused. While she has contemplated legal action, she is afraid of losing the support of her own family, who has advised her to remain quiet. Moreover, she cannot afford the cost of a lawsuit on her meager salary.
When Zina's husband died ten years ago, she had to observe certain mandatory mourning rituals which have left her permanently incapacitated. She was prohibited from leaving town during the mourning period, her hair was shaved, and she was confined to a small, thatched outdoor hut for thirty days. The customary law forbade her from entering her home during these thirty days. Because this occurred during the rainy season and her palm leaf hut leaked, rain fell on her during most of the time she was outside. Zina has since developed rheumatism which she traces to her thirty-day ordeal in the rain.
These are not isolated accounts of the experiences of widows in Nigeria. Throughout much of Southern Nigeria, widows undergo harrowing and humiliating treatment following the death of their husbands. Nigerian women who lose their husbands are not given the chance to grieve privately but are routinely subjected to painful, dehumanizing public treatment as a result of the continued application...
The statutory (monogamous) marriage of Oba Oyekan of Lagos to one Miss Akitoye in December 1972 ² , which caused a stir in both social and legal circles, has once more highlighted some of the perennial problems of trying to operate different systems of marriage arising from different cultures and societies within one legal system and jurisdiction. In order to appreciate fully the dilemma which Obas have occasionally had to face because of the multiple system of marriages, and their varying incidents, it is necessary to give a brief outline of these types of marriages. There are three different types of marriage in Nigeria: (i) statutory, (ii) customary and (iii) Islamic marriages. These coincide roughly with (i) Christian culture, (ii) traditional African culture and (iii) Arabic and Islamic culture.
This article is concerned with the way in which the power of religion and culture is used to perpetuate the hegemony of patriarchy and the subordination of women. First, I will use a historical perspective to describe the advent and the perpetuation of patriarchy and the historical interrelationship between patriarchy and patriarchal religion. I will then present and analyze the insightful critiques of early American feminists of the patriarchal nature of both church and state. Next, I will argue that despite the constitutional separation between church and state patriarchal religion continues to directly and indirectly influence the law and constitutes a significant force perpetuating the hegemony of patriarchy. I will further argue that the current legal protection afforded patriarchal aspects of religion and culture seriously undermines women's ability to achieve equality. While freedom of religion and association and the right to culture are as important to women as they are to men, I will show that the way in which these rights are understood and applied serves to perpetuate gender hierarchy and to deprive women of equality and freedom rather than to ensure their freedom of religion and culture or to guarantee them equal respect. Finally, I will suggest that incorporating an analysis of power into our liberal theory of rights will transform our understanding of religious freedom, toleration, and freedom of culture and association in a manner that will make them more compatible with women's rights.
Human rights law and the legal protection of women from violence are still fairly new concepts. As a result, substantial discrepancies exist between what is decided in the halls of the United Nations and what women experience on a daily basis in their communities. Human Rights and Gender Violence is an ambitious study that investigates the tensions between global law and local justice. As an observer of UN diplomatic negotiations as well as the workings of grassroots feminist organizations in several countries, Sally Engle Merry offers an insider's perspective on how human rights law holds authorities accountable for the protection of citizens even while reinforcing and expanding state power. Providing legal and anthropological perspectives, Merry contends that human rights law must be framed in local terms to be accepted and effective in altering existing social hierarchies. Gender violence in particular, she argues, is rooted in deep cultural and religious beliefs, so change is often vehemently resisted by the communities perpetrating the acts of aggression. A much-needed exploration of how local cultures appropriate and enact international human rights law, this book will be of enormous value to students of gender studies and anthropology alike.
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