Can International Human Rights Law Smash the Patriarchy? A Review of ‘Patriarchy’ According to United Nations Treaty Bodies and Special Procedures

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aut.filerelease.date2022-04-01
aut.relation.issue1en_NZ
aut.relation.journalFeminist Legal Studiesen_NZ
aut.relation.volume29en_NZ
aut.researcherMudgway, Cassandra
dc.contributor.authorMudgway, Cen_NZ
dc.date.accessioned2021-04-20T23:47:09Z
dc.date.available2021-04-20T23:47:09Z
dc.date.copyright2021-04-01en_NZ
dc.date.issued2021-04-01en_NZ
dc.description.abstractThis article interrogates whether and how the concept of ‘patriarchy’ is used by UN human rights treaty monitoring bodies (treaty bodies) and special procedures to interpret state obligations to respect and ensure women’s human rights. There are two key points that arise out of this study: first, that several treaty bodies and special procedures purposely and consistently use the concept of ‘patriarchy’ when discussing women’s human rights, and second, that although not all treaty bodies and special procedures have referred to the terms ‘patriarchy’ or ‘patriarchal’, an examination of those that have reveals a marked difference in how the terms are used by treaty bodies when compared with special procedures. While treaty bodies render the meaning of ‘patriarchy’ as being synonymous with certain harmful practices, such as female-genital mutilation (FGM), special procedures utilise ‘patriarchy’ as a system of power, permeating every facet of society. In this article I will argue that the current state of dissonance between the understandings of ‘patriarchy’ by treaty bodies and special procedures creates an unnecessary ambiguity that does nothing to advance gender equality. Furthermore, utilising a nuanced understanding of patriarchy, as articulated by intersectional and anti-essentialist feminist scholars, would potentially equip treaty bodies and special procedures for more meaningful interpretation of rights themselves, and greater protection of women’s human rights.en_NZ
dc.identifier.citationFeminist Legal Studies (2021). https://doi.org/10.1007/s10691-021-09456-4
dc.identifier.doi10.1007/s10691-021-09456-4
dc.identifier.issn0966-3622en_NZ
dc.identifier.urihttps://hdl.handle.net/10292/14131
dc.publisherSpringeren_NZ
dc.relation.urihttps://link.springer.com/article/10.1007%2Fs10691-021-09456-4
dc.rightsAn author may self-archive an author-created version of his/her article on his/her own website and or in his/her institutional repository. He/she may also deposit this version on his/her funder’s or funder’s designated repository at the funder’s request or as a result of a legal obligation, provided it is not made publicly available until 12 months after official publication. He/ she may not use the publisher's PDF version, which is posted on www.springerlink.com, for the purpose of self-archiving or deposit. Furthermore, the author may only post his/her version provided acknowledgement is given to the original source of publication and a link is inserted to the published article on Springer's website. The link must be accompanied by the following text: "The final publication is available at www.springerlink.com”. (Please also see Publisher’s Version and Citation)
dc.rights.accessrightsOpenAccessen_NZ
dc.subjectHuman rights; International law;; Patriarchy; United Nations; Women
dc.titleCan International Human Rights Law Smash the Patriarchy? A Review of ‘Patriarchy’ According to United Nations Treaty Bodies and Special Proceduresen_NZ
dc.typeJournal Article
pubs.elements-id399924
pubs.organisational-data/AUT
pubs.organisational-data/AUT/Faculty of Business, Economics and Law
pubs.organisational-data/AUT/Faculty of Business, Economics and Law/Law School
pubs.organisational-data/AUT/PBRF
pubs.organisational-data/AUT/PBRF/PBRF Business Economics and Law
pubs.organisational-data/AUT/PBRF/PBRF Business Economics and Law/Faculty Review Team PBRF 2018
pubs.organisational-data/AUT/PBRF/PBRF Business Economics and Law/Law School PBRF 2018
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