试析妇女人权的世界性和基於文化的相对性之间的冲突
陆海天
【摘要】This article is supervised by Mr. Jonathan Prentice, the executive assistant of the United Nations High Commissioner for Human Rights (UNHCHR) It was written pursuant to the recent Nigerian high state court''s dicision which upheld a lower court''s decision regarding Amina Lawal, a 31-year-old Muslim woman,she was sentenced to death by stoning by a Shari''ah [Islamic] court at Bakori in Katsina State in northern Nigeria. Amina allegedly confessed to having had a child while divorced. Pregnancy outside of marriage is sufficient evidence for a woman to be convicted of adultery according to this new law for Muslims, introduced in the northern states of Nigeria.
The article will be divided into three parts:
Chapter One Evaluate the current efforts taken by the international community on the protection of women’s rights, examine why these conventions and approaches have not significantly changed women’s lives.
Chapter Two Explore the nature of the women’s rights abuses based on cultural or religious relativism, making clear that “A” culture can be changed through negotiation and struggle. Further explain how to arouse this change from internal to external.
Chapter Three Reference the successful practice of several countries in reconciling this problem, (US, France and Canada)
Chapter Four Conclusion
【全文】
We are horrified by the news that once again, a woman has been sentenced to be stoned to death for “adultery”. A high state court in Nigeria has upheld a lower court''s decision regarding Amina Lawal, a 30-year-old divorced woman. Her sentence will be carried out as soon as her baby daughter has been weaned. However, the man she has identified as the child''s father has been acquitted for lack of evidence.
Throughout the world, women have been subjected to immeasurable forms of abuse including rape, forced prostitution, exclusion from the political process, forced motherhood, physical beatings, homicides, discrimination, and a host of genital-circumcising operations performed under often unsanitary conditions. For states that are parties to the major human rights instruments, the obligation to protect women''s rights is legal as well as moral. Currently, 170 countries are parties to the International Covenant on Civil and Political Rights, 169 are parties to the Convention on the Elimination of All Forms of Violence Against Women (CEDAW), and 130 are parties to the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. Nigeria is a party to all of them, along with the African Charter for Human and People''s Rights, which condemns torture and cruel, inhuman and degrading punishment and guarantees the right to fair trial.
