Fundamentalism
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Fundamentalism is considered merly as a reaction against the liberalizing tendencies of modern thought its purpose was to preserve unchanged the presuppositions and convictions or religion. |
| United Nations signed in 1945 |
The Charter of the United Nations, signed in 1945, reafirms not only "faith in fundamental human rights" and the diginity and worth of human person" but also "the equal righsts of men and Women".
The International Convenant on Econmic, Social and Cultural Rights and the International Covenant on Civil and Political Rights and its two Optional Protocols, strengthens and extends this emphasis on the equal rights of women. |
| Religions |
All major five religions Buddhism, Christianity, Hinduism, Judaism and Islam have traditionally required different roles for men and women and entailed women’s religious duty of submission and obedience to men. With the rise of fundamentalists as oppose to liberal or modernist tendencies legal structures of all religions regarded women’s sexuality as potentially evil and destructive of men(2) which has been manifested |
State Law
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With the rise of con temporary religious fundamentalism there was a trend in all fundamentalist movement to introduce state laws that reflect religious laws. The most important and fundamental religious concept of Islam being the Sharia which includes both doctrine or belief and practice or the law based on explicit or implicit command of God, little reform was introduced in Sharia,. However, Sharia laws were not followed strictly in many Islamic countries because of the presence of foreign colonial powers in the past who were motivated to intervene in Muslim legislation to protect their own economic interest |
| UN |
Contrary to the provisions of the United Nations Charter and the special instruments having legally binding nature (treaties) states are found violating the provisions of both by asserting religious fundamentalist doctrine which disc mates against women (7) by entering general reservation to provisions in international human right treaties upholding human rights of women. |
| 161 Countries |
Convention on the Elimination of All Forms of Discrimination is the international instrument providing the ethical and legal basis for protection, and promotion of human rights of women under United Nations framework has so for been ratified by 161 countries. Out of these, except few Arab countries, most of the Muslim majority countries have ratified the Convention(8). Afghanistan has only signed the Convention. |
Article 28
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Article 28 of the Convention permits State Parties to make a reservation. The Vienna Convention on the Law of Treaties 1969, defines a reservation as a "unilateral statement, however phrased or named, made by a state, when signing, ratifying a treaty whereby it purports to exclude or to modify the legal effects of certain provisions of the treaty in their application to that state" (9).
One of the major obstacles in the way of actualising the human rights of women faced by the Committee on the Elimination of Discrimination against Women (CEDAW Committee) is the reservation on the Convention which are incompatible with file object and purpose of the Convention. CEDAW Convention has been subjected to more reservation than any other major international treaty over 50 countries have made reservations to some substantive articles of the Convention including most Muslim countries (except Indonesia and Yemen) which have ratified the Convention. Such substantive reservations have the potential to limit significantly the obligations undertaken by the reserving state in protection and promotion of women’s rights as prescribed under the Convention. |
| Article 7, 8, 9 |
Important areas in which Muslim women are faced with severe discrimination fall both within public and private sphere of their life. To strengthen women’s religious duty of submission and obedience to men, the Muslim fundamentalists support the traditional gender segregated spheres of women requiring confinement at home caring for family which severely affect her economic independence and role In public decision making. Article 7 and 8 of the Convention which address discrimination in political and public life are violated when women are required to be confined at home. This further allows men to maintain control over women’s sexuality¥ and demand obedience. Article 9 of the Convention which addresses the rights of women and their children in relation to nationally becomes ineffective when women have no authority to make decisions in the Public sphere. Unequal nationality rights also "creates significant practical disadvantages for them where residence and immigration status are concerned" |
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தமிழ் நாட்டுப் பென்கள்:-
பெற்றாள் பிறந்தேன்.
வளற்த்தாள் வளற்ந்தேன்.
மண்ந்தான் மணந்தேன்.
ஈன்றேன் இழ்ந்தேன்.
எனதறிவு எதுவென்று.
பெற்றவன் மணந்தவன்
மறைத்தனன் எனதறிவை.
மதத்தால் மிதித்தவன்
போற்றிப் புகழ்ந்தனன்
எனதறிவு பெறிதென்று.
By Chennaizoom |
