Culture, Religion and Gender

1 International Journal of Constitutional Law 663 (2003)

Hebrew University of Jerusalem Legal Research Paper

53 Pages Posted: 17 May 2015

See all articles by Frances Raday

Frances Raday

Hebrew University of Jerusalem - Faculty of Law

Date Written: 2003

Abstract

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

Raday, Frances, Culture, Religion and Gender (2003). 1 International Journal of Constitutional Law 663 (2003); Hebrew University of Jerusalem Legal Research Paper. Available at SSRN: https://ssrn.com/abstract=2606788

Frances Raday (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

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