Culture, Religion and Gender
1 International Journal of Constitutional Law 663 (2003)
53 Pages Posted: 17 May 2015
Date Written: 2003
This article explores the intersection of culture, religion and gender in the context of international and constitutional human rights law. The clash between religious or cultural autonomy and gender equality is a pervasive problem for constitutional law, one that arises in connection with claims of immunity from gender equality provisions on the grounds of cultural or religious freedom. I will describe how the resulting clash has been addressed in international law and in the decisions of various constitutional courts and propose a theoretical basis for structuring the hierarchy of values to resolve this issue in a constitutional framework of human rights.
Keywords: religion, gender, constitution, human rights, equality, hierarchy
Suggested Citation: Suggested Citation