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Religion and Women’s Human Rights

Religion and Women’s Human Rights. Martha Nussbaum. The Liberal Dilemma. Religious liberty, as a liberty of conscience, is among the most important human freedoms. (312)

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Religion and Women’s Human Rights

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  1. Religion and Women’s Human Rights • Martha Nussbaum

  2. The Liberal Dilemma • Religious liberty, as a liberty of conscience, is among the most important human freedoms. (312) • Humans have other rights including freedom of movement, assembly, speech, equality under the law, rights to integrity and inviolability of the person. (313) • These can generate a tension.

  3. Some cases • Read the cases on pages 313-314. • Identify the tension. How is the tension related to a religious tradition’s right to make law? • The question becomes, ”How is one going to respect the liberties of the various religions and at the same time promote the respect of liberties for individuals and their equality under the law?

  4. What is a liberal to do? • There is a tendency to not want to criticize religion because of the importance of liberty of conscience. • But there is also a need to support human rights. (Notice the definition of human rights on page 316.)

  5. The Example of Women’s Human Rights • The right to bodily integrity. • Places like India have sought to combine liberal constitutions that guarantee sexual equality with religious courts for family law. • Look at the examples of the issues of rape, divorce, and female genital mutilation.

  6. Kymlicka’s Suggestion • What is needed is recognition of group rights. • What does Nussbaum say about this? • Why does she think that it is important that the fundamental bearer of rights be thought of as an individual person? • Should the history of a group provide justification for denial of equal rights and liberties to individuals?

  7. Nussbaum’s Suggestions • Encourage pluralistic religious discourse. • Work with local groups. • Protect individuals. • Educate for active, unintimidated, democratic citizens. (322)

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