歐美研究季刊第46卷第1期 - page 49

“Human Rights Protection, Democratic Deliberation”
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plainly cannot aspire here to a complete account of all the issues,
but I hope to be able to say enough to capture what ought to be
most relevant for any attempt at addressing violence against women
by implementing human rights protection. In so doing, I will
discuss the features relating to the implementations of protections
for women from abuse and violence in terms of women’s rights as
human rights. I seek to shine light on the practical limitations and
difficulties involved in this process of implementation. Specifically,
I will argue that the major theoretical approaches within the human
rights literature
8
have generated ineffective policy recommen-
dations. In fact, the status quo is maintained because of this move:
implementations of the protections embodied by internationally
recognized human rights principles into enforceable (state) laws
have to be couched in a way that shows sensitivities to local
contexts and customs. This move, as I will demonstrate, in spite of
combining with democratic deliberations, has complicated what is
meant by protection and diluted the content of protection. While
the existing approaches do specify protections in terms of women’s
rights as human rights, how these protections are put into effect,
namely implemented, remains under-specified. As I will argue, even
the most sophisticated version of the existing approaches has fallen
short: it has endorsed protection that preserves, notably, the
customary marriage institution of polygyny which maintains the
dependency of women and impairs their autonomy. Thus,
protection of this sort does not promote the eradication of VAW. It
tends to be self-defeating.
As a rescue move, I argue that the way in which the
Gillespie and Melching (2010); Htun and Weldon (2012); Hudson, Ballif-Spanvill,
Caprioli, & Emmett (2012); Kelly (2005); Merry (2006); Montoya (2013); Reilly
(2007); True (2012); United Nations (2013); Weldon (2006).
8
Major interventions include Beitz (2009, 2013); Buchanan (2010); Gilabert (2011);
Griffin (2008); Nickel (2007); Rawls (1999). For the past 15 or so years, the
literature on human rights has merged with the literature on international justice.
In political philosophy, interests in human rights and international justice have
been stimulated in large part by the interventions of Rawls and Nickel.
I...,39,40,41,42,43,44,45,46,47,48 50,51,52,53,54,55,56,57,58,59,...XIV
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