WUNRN
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CULTURE, RELIGION, and GENDER
Professor
Frances Raday
"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."
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