Fagan, Andrew (2017) Cultural harm and engaging the limits of a right to cultural identity. Human Rights Quarterly, 39 (2). pp. 319-340. DOI https://doi.org/10.1353/hrq.2017.0020
Fagan, Andrew (2017) Cultural harm and engaging the limits of a right to cultural identity. Human Rights Quarterly, 39 (2). pp. 319-340. DOI https://doi.org/10.1353/hrq.2017.0020
Fagan, Andrew (2017) Cultural harm and engaging the limits of a right to cultural identity. Human Rights Quarterly, 39 (2). pp. 319-340. DOI https://doi.org/10.1353/hrq.2017.0020
Abstract
This article critically examines the limits of a right to cultural identity. Some have argued that human rights norms require a reformulation in the light of cultural diversity. One element of this approach will be examined: the right of exit, as it appears to provide an instrument by which legislative authorities can largely avoid the politically and conceptually fraught challenge of normatively evaluating traditions and practices. By analyzing the effects of domestic abuse, this article will argue that a human rights-based evaluation of rights to cultural identity cannot rely entirely upon the following principle: that an individual’s lack of overt opposition to key defining and binding relationships provides a secure basis for a rights-based response to cultural identity. The article will demonstrate that some domestically-abused women’s ability to exercise their right of exit has been effectively disabled by the highly restrictive identities which their communities accord to them.
Item Type: | Article |
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Subjects: | K Law > K Law (General) |
Divisions: | Faculty of Arts and Humanities Faculty of Arts and Humanities > Essex Law School |
SWORD Depositor: | Unnamed user with email elements@essex.ac.uk |
Depositing User: | Unnamed user with email elements@essex.ac.uk |
Date Deposited: | 08 Jun 2016 12:49 |
Last Modified: | 16 May 2024 17:30 |
URI: | http://repository.essex.ac.uk/id/eprint/16882 |
Available files
Filename: Cultural Harm final.pdf