The Perspective of Islam and International Law on Women and Feminism

سال انتشار: 1404
نوع سند: مقاله ژورنالی
زبان: فارسی
مشاهده: 59

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شناسه ملی سند علمی:

JR_PSLJ-11-2_031

تاریخ نمایه سازی: 13 مهر 1404

چکیده مقاله:

This article examines the perspective of Islam and international law on women and feminism using a descriptive-analytical method and library tools. Gender, despite its importance in the international order, has not been much of an issue. The claim of legal feminists is based on the premise that international law has been created based on paradigms that privilege the male perspective. As a result, women's experiences and lives are ignored. This is despite the fact that the main norms of international law universally claim to be neutral, impartial and objective. Hence, feminist critical approaches in various branches of international law seek to reform and revise legal norms and processes so that these laws also include women. One of the important theoretical tools among feminists since the beginning of the first feminist movements and thoughts, which international lawyers have also used in the field of feminist criticism, is the critique of the duality existing in the public and private spheres of life. Their main claim is that the appeal to the values of liberalism theory in the formation of international law has led to the emergence of the duality of public and private. And these dualities operate in a gendered manner, and the reflection of this gendered functioning is clearly seen in the body of international law. These dichotomies have been used in some cases, and each of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Responsibility of States for Internationally Wrongful Acts, and the Declaration on the Right to Development, adopted as part of the World Bank's economic policies, are criticized from a feminist perspective.

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نویسندگان

Mehrdad Salehi Fard

Master of International Law, Payam Noor University, Asaluyeh, Bushehr, Iran

Nasrin Alavinia

Department of Islamic Studies, Islamic Azad University, Darab Branch, Darab, Iran