ETHNIC, CULTURAL AND RELIGIOUS RIGHTS IN CONFLICT FROM THE INTERNATIONAL HUMAN RIGHTS PERSPECTIVE: A CASE STUDY OF WOMEN FROM AFGHANISTAN &PAKISTAN FACING DOMESTIC ABUSE IN THE UK
Domestic abuse to Afghani women is endemic, and this study is formulated following the realization that their migration to the UK, where women’s rights are protected, has not brought safety to the homes. Conversely, the attempts of assisting in recovery have shown conflicts that were previously unknown in ethnic, cultural, and religious rights. The main objective of the study is to determine the differences that arise when ethnic, cultural, and religious rights are viewed from the perspective of international human rights. Additionally, the influence of international human rights and the process of mitigating violence without invoking customs, traditions, or religion shall be examined. Data will be collected from 100 questionnaires selected randomly as submitted by clients over the last ten years of work and interviews to at least 20 leaders in various women’s support organisations in Pakistan and the UK, and members of the judiciary working with survivors of domestic violence. Data published by women’s organisations in both nationalities for the last ten years will also be considered, and the results analyzed using SPSS version 10.
Male dominance is deeply ingrained in Pakistan communities, and as a result, ethnic, cultural, and religious rights of women are profoundly violated. Research shows that women in the minority religious and ethnic communities are at the highest risk of being abused, they receive little to no assistance because the culture allows the physical abuse of women. These traditional, social and behavioral norms and attitudes have led to a drastic rise in the number of reported cases of domestic abuse1. In addition, because of the prevailing systems of Purdah and Izzat, the women are socially isolated, confined to their homes, and denied the right to go outside, or seek medical help.
With global transformation at the frontline of elevating social and economic standards, migration to other countries has been simplified; tremendous impact has been witnessed, especially in the lives of women2. However, in the communities where patriarchal systems are emphasized, like Pakistanis, women’s empowerment is seen as a threat. Pakistani women are denied the privilege, and even after migrating to the UK where financial capability amongst women is possible, and where patriarchy systems are less favoured, domestic violence continues. The women have been pushed to more restrained spaces and become more vulnerable and more dependent on their partners. They are facing even more restrictions from males and are discriminated against enjoying their ethnic, cultural, and religious rights2. It has also been reported that the majority of the cases, 60%, arise from financial incapability due to illiteracy and 30-79% from intimate partners3.
⦁ Which are the main areas of conflict of ethnic, cultural, and religious rights from the perspective of international human rights and which attempts have been made in bridging?
⦁ What are the ethnic, cultural, and religious rights of women in Pakistan and the UK? How do they differ with international rights? How is the difference influencing the process of recovery of Pakistani women living in the UK from domestic violence?
⦁ Given the disparities in the law, to what extent are third parties allowed to intervene in the context of an ethnic, cultural, and religious violation of women’s rights? This is drawn from Pakistan’s Domestic Violence (Prevention and Protection) Act, 2012, and the Protection of Women (Criminal Laws Amendment) Act, 2006 Article 14. In the former, it is argued that the Federal Government shall ensure that the National Commission on the Status of Women (NCSW) shall review cases of domestic violence frequently and suggest amendments while the latter states that the law will ensure the dignity of the man and not violate the privacy of the home.
⦁ How do Pakistani women perceive the culture that permits domestic violence? Do the testimonies show a culture of stereotyping about facing domestic abuse?
There is a plethora of information about women’s right and equal, if not more, emphasis on the importance of respecting them. There is, however, insufficient coverage and in consequence,
published information about the areas of conflict in ethnic, cultural, and religious aspects when viewed from the dimension of international human rights law. These differences have posed severe challenges to legal practices implemented in the mitigation of domestic violence. It is from this gap and the identified problem that this research is formulated. It follows the belief that identifying the areas of conflict will help significantly in formulating future policies that will protect women from domestic violence within the UK and Pakistan.
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