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Is Multiculturalism Bad for
Women?
Susan Moller Okin
Copyright (c) 1999 Princeton University Press. This
article is now available in an anthology titled IS MULTICULTURALISM
BAD FOR WOMEN? edited by Joshua Cohen and Matthew Howard, from
Princeton Univerisity Press, 1999. All rights reserved. No part
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University Press.]
8
Until the past few decades, minority groups—immigrants as well
as indigenous peoples—were typically expected to assimilate into
majority cultures. This assimilationist expectation is now often
considered oppressive, and many Western countries are seeking
to devise new policies that are more responsive to persistent
cultural differences. The appropriate policies vary with context:
Countries such as England with established churches or state supported
religious education find it hard to resist demands to extend state
support to minority religious schools; countries such as France
with traditions of strictly secular public education struggle
over whether the clothing required by minority religions may be
worn in the public schools. But one issue recurs across all contexts,
though it has gone virtually unnoticed in current debate: What
should be done when the claims of minority cultures or religions
clash with the norm of gender equality that is at least formally
endorsed by liberal states (however much they continue to violate
it in their practice)?
In the late 1980s, for example,
a sharp public controversy erupted in France about whether Magrbin
girls could attend school wearing the traditional Muslim headscarves
regarded as proper attire for postpubescent young women. Staunch
defenders of secular education lined up with some feminists and
far-right nationalists against the practice; much of the old left
supported the multiculturalist demands for flexibility and respect
for diversity, accusing opponents of racism or cultural imperialism.
At the very same time, however, the public was virtually silent
about a problem of vastly greater importance to many French Arab
and African immigrant women: polygamy.
During the 1980s, the French government
quietly permitted immigrant men to bring multiple wives into the
country, to the point where an estimated 200,000 families in Paris
are now polygamous. Any suspicion that official concern over headscarves
was motivated by an impulse toward gender equality is belied by
the easy adoption of a permissive policy on polygamy, despite
the burdens this practice imposes on women and the warnings issued
by women from the relevant cultures.1 On this
issue, no politically effective opposition galvanized. But once
reporters finally got around to interviewing the wives, they discovered
what the government could have learned years earlier: that the
women affected by polygamy regarded it as an inescapable and barely
tolerable institution in their African countries of origin, and
an unbearable imposition in the French context. Overcrowded apartments
and the lack of each wife's private space lead to immense hostility,
resentment, even violence both among the wives and against each
other's children.
In part because of the strain on
the welfare state caused by families with 20-30 members, the French
government has recently decided to recognize only one wife and
consider all the other marriages annulled. But what will happen
to all the other wives and children? Having neglected women's
view on polygamy for so long, the government now seems to be abdicating
its responsibility for the vulnerability that women and children
incurred because of its rash policy.
The French accommodation of polygamy
illustrates a deep and growing tension between feminism and multiculturalist
concerns to protect cultural diversity. I think we—especially
those of us who consider ourselves politically progressive and
opposed to all forms of oppression—have been too quick to
assume that feminism and multiculturalism are both good things
which are easily reconciled. I shall argue instead that there
is considerable likelihood of tension between them—more
precisely, between feminism and a multiculturalist commitment
to group rights for minority cultures.
A few words to explain the terms
and focus of my argument. By "feminism," I mean the belief that
women should not be disadvantaged by their sex, that they should
be recognized as having human dignity equally with men, and the
opportunity to live as fulfilling and as freely chosen lives as
men can. "Multiculturalism" is harder to pin down, but the particular
aspect that concerns me here is the claim, made in the context
of basically liberal democracies, that minority cultures or ways
of life are not sufficiently protected by ensuring the individual
rights of their members and as a consequence should also be protected
with special group rights or privileges. In the French
case, for example, the right to contract polygamous marriages
clearly constituted a group right, not available to the rest of
the population. In other cases, groups claim rights to govern
themselves, have guaranteed political representation, or be exempt
from generally applicable law.
Demands for such group rights are
growing—from indigenous native populations, minority ethnic
or religious groups, and formerly colonized peoples (at least,
when the latter immigrate to the former colonial state). These
groups, it is argued, have their own "societal cultures" which—as
Will Kymlicka, the foremost contemporary defender of cultural
group rights, says—provide "members with meaningful ways
of life across the full range of human activities, including social,
educational, religious, recreational, and economic life, encompassing
both public and private spheres."2 Because
societal cultures play so pervasive and fundamental a role in
the lives of members, and because such cultures are threatened
with extinction, minority cultures should be protected by special
rights: That, in essence, is the case for group rights.
Some proponents of group rights
argue that even cultures that "flout the rights of [their individual
members] in a liberal society"3 should be accorded group rights or privileges if their minority status
endangers the culture's continued existence. Others do not claim
that all minority cultural groups should have special rights,
but rather that such groups—even illiberal ones, that violate
their individual members' rights, requiring them to conform to
group beliefs or norms—have the right to be "let alone"
in a liberal society.4 Both claims seem clearly
inconsistent with the basic liberal value of individual freedom,
which entails that group rights should not trump the individual
rights of their members; thus, I will not address the problems
they present for feminists here.5 But some
defenders of multiculturalism largely confine their defense of
group rights to groups that are internally liberal.6
Even with these restrictions, feminists—anyone, that is,
who endorses the moral equality of men and women—should
remain skeptical. So I will argue.
Gender and Culture
Most cultures are suffused with
practices and ideologies concerning gender. Suppose, then, that
a culture endorses and facilitates the control of men over women
in various ways (even if informally, in the private sphere of
domestic life). Suppose, too, that there are fairly clear disparities
of power between the sexes, such that the more powerful, male
members are those who are generally in a position to determine
and articulate the group's beliefs, practices, and interests.
Under such conditions, group rights are potentially, and in many
cases actually, antifeminist. They substantially limit the capacities
of women and girls of that culture to live with human dignity
equal to that of men and boys, and to live as freely chosen lives
as they can.
Advocates of group rights for minorities
within liberal states have not adequately addressed this simple
critique of group rights, for at least two reasons. First, they
tend to treat cultural groups as monoliths—to pay more attention
to differences between and among groups than to differences within
them. Specifically, they give little or no recognition to the
fact that minority cultural groups, like the societies in which
they exist (though to a greater or lesser extent), are themselves
gendered, with substantial differences of power and advantage
between men and women. Second, advocates of group rights pay no
or little attention to the private sphere. Some of the best liberal
defenses of group rights urge that individuals need "a culture
of their own," and that only within such a culture can people
develop a sense of self-esteem or self-respect, or the capacity
to decide what kind of life is good for them. But such arguments
typically neglect both the different roles that cultural groups
require of their members and the context in which persons' senses
of themselves and their capacities are first formed and
in which culture is first transmitted—the realm of domestic
or family life.
When we correct for these deficiencies
by paying attention to internal differences and to the private
arena, two particularly important connections between culture
and gender come into sharp relief, both of which underscore the
force of the simple critique. First, the sphere of personal, sexual,
and reproductive life provides a central focus of most cultures,
a dominant theme in cultural practices and rules. Religious or
cultural groups are often particularly concerned with "personal
law"—the laws of marriage, divorce, child custody, division
and control of family property, and inheritance.7
As a rule, then, the defense of "cultural practices" is likely
to have much greater impact on the lives of women and girls than
those of men and boys, since far more of women's time and energy
goes into preserving and maintaining the personal, familial, and
reproductive side of life. Obviously culture is not only about
domestic arrangements, but they do provide a major focus of most
contemporary cultures. Home is, after all, where much of culture
is practiced, preserved, and transmitted to the young. In turn,
the distribution of responsibilities and power at home has a major
impact on who can participate in and influence the more public
parts of the cultural life, where rules and regulations about
both public and private life are made.
Second, most cultures have as one
of their principal aims the control of women by men.8
Consider, for example, the founding myths of Greek and Roman antiquity,
and of Judaism, Christianity, and Islam: they are rife with attempts
to justify the control and subordination of women. These myths
consist of a combination of denials of women's role in reproduction,
appropriations by men of the power to reproduce themselves, characterizations
of women as overly emotional, untrustworthy, evil, or sexually
dangerous, and refusals to acknowledge mothers' rights over the
disposition of their children.9 Think of Athena,
sprung from the head of Zeus, and of Romulus and Remus, reared
without a human mother. Or Adam, made by a male God, who then
(at least according to one of the two biblical versions of the
story) made Eve out of part of Adam. Consider Eve, whose weakness
led Adam astray. Think of all those endless "begats" in Genesis,
where women's primary role in reproduction is completely ignored,
or of the textual justifications for polygamy, once practiced
in Judaism, still practiced in many parts of the Islamic world
and (though illegally) by Mormons in some parts of the United
States. Consider, too, the story of Abraham, a pivotal turning
point in the development of monotheism.10
God commands Abraham to sacrifice "his" greatly loved son. Abraham
prepares to do exactly what God asks of him, without even telling,
much less asking, Isaac's mother, Sarah. Abraham's absolute obedience
to God makes him the central, fundamental model of faith, for
all three religions.
While the powerful drive to control
women—and to blame and punish them for men's difficulty
controlling their own sexual impulses—has been softened
considerably in the more progressive, reformed versions of Judaism,
Christianity, and Islam, it remains strong in their more orthodox
or fundamentalist versions. Moreover, it is by no means confined
to Western or monotheistic cultures. Many of the world's traditions
and cultures, including those practiced within formerly conquered
or colonized nation states—certainly including most of the
peoples of Africa, the Middle East, Latin America and Asia—are
quite distinctly patriarchal. They too have elaborate patterns
of socialization, rituals, matrimonial customs, and other cultural
practices (including systems of property ownership and control
of resources) aimed at bringing women's sexuality and reproductive
capabilities under men's control. Many such practices make it
virtually impossible for women to choose to live independently
of men, to be celibate or lesbian, or not to have children.
Those who practice some of the
most controversial such customs—clitoridectomy, the marriage
of children or marriages that are otherwise coerced, or polygamy—sometimes
explicitly defend them as necessary for controlling women, and
openly acknowledge that the customs persist at men's insistence.
In an interview with New York Times reporter Celia Dugger,
practitioners of clitoridectomy in CÙte d'Ivoire and Togo explained
that the practice "helps insure a girl's virginity before marriage
and fidelity afterward by reducing sex to a marital obligation."
As a female exciser said, "[a] woman's role in life is to care
for her children, keep house and cook. If she has not been cut,
[she] might think about her own sexual pleasure."11
In Egypt, where a law banning female genital cutting was recently
overturned by a court, supporters of the practice say it "curbs
a girl's sexual appetite and makes her more marriageable."12
Moreover, in such contexts, many women have no economically viable
alternative to marriage. Men in polygamous cultures, too, readily
acknowledge that the practice accords with their self-interest
and is a means of controlling women. As a French immigrant from
Mali said in a recent interview: "When my wife is sick and I don't
have another, who will care for me? . . . [O]ne wife on her own
is trouble. When there are several, they are forced to be polite
and well behaved. If they misbehave, you threaten that you'll
take another wife." Women apparently see polygamy very differently.
French African immigrant women deny that they like polygamy, and
say not only that they are given "no choice" in the matter, but
that their female forebears in Africa did not like it either.13
As for child or otherwise coerced marriage: this practice is clearly
a way not only of controlling whom the girls or young women marry,
but also of ensuring that they are virgins at the time of marriage
and, often, enhancing the husband's power by creating a significant
age difference between husbands and wives.
Consider, too, the practice—common
in much of Latin America, rural South East Asia and parts of West
Africa—of encouraging or even requiring a rape victim to
marry the rapist. In many such cultures—including fourteen
countries of Latin America—rapists are legally exonerated
if they marry or (in some cases) even offer to marry their victims.
Clearly, rape is not seen in these cultures primarily as a violent
assault on the girl or woman herself, but rather as a serious
injury to her family and its honor. By marrying his victim, the
rapist can help restore the family's honor and relieve it of a
daughter who, as "damaged goods," has become unmarriageable. In
Peru, this barbaric law was amended for the worse in 1991: the
co-defendants in a gang rape are now all exonerated if one of
them offers to marry the victim (feminists are fighting to get
the law repealed). As a Peruvian taxi driver explained: "Marriage
is the right and proper thing to do after a rape. A raped woman
is a used item. No one wants her. At least with this law the woman
will get a husband."14 It is hard to imagine
a worse fate for a woman than being pressured into marrying the
man who has raped her. But worse fates do exist in some cultures—notably
in Pakistan and parts of the Arab Middle East, where women who
bring rape charges are quite frequently charged with the serious
Muslim offense of zina, or sex outside of marriage. Law
allows for the whipping or imprisonment of such a woman, and culture
condones the killing or pressuring into suicide of a raped woman
by relatives concerned to restore the family's honor.15
Thus, many culturally-based customs
aim to control women and render them, especially sexually and
reproductively, servile to men's desires and interests. Sometimes,
moreover, "culture" or "traditions" are so closely linked with
the control of women that they are virtually equated. In a recent
news report about a small community of Orthodox Jews living in
the mountains of Yemen—ironically, from a feminist point
of view, the story was entitled "Yemen's small Jewish community
thrives on mixed traditions"—the elderly leader of this
small polygamous sect is quoted as saying: "We are Orthodox Jews,
very keen on our traditions. If we go to Israel, we will lose
hold over our daughters, our wives and our sisters." One of his
sons added: "We are like Muslims, we do not allow our women to
uncover their faces."16 Thus the servitude
of women is presented as virtually synonymous with "our traditions."
(Only blindness to sexual servitude can explain the title; it
is inconceivable that the article would have carried such a title
if it were about a community that practiced any kind of slavery
but sexual slavery.)
While virtually all of the world's
cultures have distinctly patriarchal pasts, some—mostly,
though by no means exclusively, Western liberal cultures—have
departed far further from them than others. Western cultures,
of course, still practice many forms of sex discrimination. They
place far more stress on beauty, thinness, and youth in females
and on intellectual accomplishment, skill, and strength in males;
they expect women to perform for no economic reward far more than
half of the unpaid work of their families, whether or not they
also work for wages; partly as a consequence of this and partly
because of workplace discrimination, women are far more likely
than men to become poor; girls and women are also subjected by
men to a great deal of (illegal) violence, including sexual violence.
But women in more liberal cultures are, at the same time, legally
guaranteed many of the same freedoms and opportunities as men.
In addition, most families in such cultures, with the exception
of some religious fundamentalists, do not communicate to their
daughters that they are of less value than boys, that their lives
are to be confined to domesticity and service to men and children,
and that the only positive value of their sexuality is that it
be strictly confined to marriage, the service of men, and reproductive
ends. This, as we have seen, is quite different from women's situation
in many of the world's other cultures, including many of those
from which immigrants to Europe and Northern America come.
Group Rights?
Most cultures are patriarchal,
then, and many (though not all) of the cultural minorities that
claim group rights are more patriarchal than the surrounding cultures.
So it is no surprise that the cultural importance of maintaining
control over women shouts out to us in the examples given in the
literature on cultural diversity and group rights within liberal
states. Yet, though it shouts out, it is seldom explicitly addressed.17
A 1986 paper about the legal rights
and culture-based claims of various immigrant groups and gypsies
in contemporary Britain mentions the roles and status of women
as "one very clear example" of the "clash of cultures."18
In it, Sebastian Poulter discusses claims put forward by members
of such groups for special legal treatment on account of their
cultural differences. A few are non-gender-related claims: about
a Muslim schoolteacher's being allowed to be absent part of Friday
afternoons in order to pray, and gypsy children having less stringent
schooling requirements than others on account of their itinerant
lifestyle. But the vast majority of the examples concern gender
inequalities: child marriages, forced marriages, divorce systems
biased against women, polygamy, and clitoridectomy. Almost all
of the legal cases discussed stemmed from women's or girls' claims
that their individual rights were being truncated or violated
by the practices of their cultural groups. In a recent article
by political philosopher Amy Gutmann, "The Challenge of Multiculturalism
in Political Ethics," fully half the examples have do with gender
issues—polygamy, abortion, sexual harassment, clitoridectomy,
and purdah.19 This is quite typical in the
literature on subnational multicultural issues. Moreover, the
same phenomenon occurs in practice in the international arena,
where women's human rights are often rejected by the leaders of
countries or groups of countries as incompatible with their various
cultures.20
Similarly, the overwhelming majority
of "cultural defenses" that are increasingly being invoked in
US criminal cases concerning members of cultural minorities are
connected with gender—in particular with male control over
women and children.21 Occasionally, cultural
defenses come into play in explaining expectable violence among
men, or the ritual sacrifice of animals. Much more common, however,
is the argument that, in the defendant's cultural group, women
are not human beings of equal worth but subordinates whose primary
(if not only) functions are to serve men sexually and domestically.
Thus, the four types of case in which cultural defenses have been
used most successfully are: kidnap and rape by Hmong men who claim
that their actions are part of their cultural practice of zij
poj niam or "marriage by capture"; wife-murder by immigrants
from Asian and Middle Eastern countries whose wives have either
committed adultery or treated their husbands in a servile way;
mothers who have killed their children but failed to kill themselves,
and claim that because of their Japanese or Chinese backgrounds
the shame of their husbands' infidelity drove them to the culturally
condoned practice of mother-child suicide; and—in France,
though not yet in the United States, in part because the practice
was criminalized only in 1996—clitoridectomy. In a number
of such cases, expert testimony about the accused's or defendant's
cultural background has resulted in dropped or reduced charges,
culturally-based assessments of mens rea, or significantly
reduced sentences. In a well-known recent case, an immigrant from
rural Iraq married his two daughters, aged 13 and 14, to two of
his friends, aged 28 and 34. Subsequently, when the older daughter
ran away with her 20-year-old boyfriend, the father sought the
help of the police in finding her. When they located her, they
charged the father with child abuse, and the two husbands and
boyfriend with statutory rape. The Iraqis' defense is based in
part, at least, on their cultural marriage practices.22
As these examples show, the defendants
are not always male, nor the victims always female. Both a Chinese
immigrant man in New York who battered his wife to death for committing
adultery and a Japanese immigrant woman in California who drowned
her children and tried to drown herself because her husband's
adultery had shamed the family, relied on cultural defenses to
win reduced charges (from murder to second degree or involuntary
manslaughter). It might seem, then, that cultural defense was
biased toward the male in the first case, and the female in the
second. But no such asymmetry exists. In both cases, the cultural
message is similarly gender-biased: women (and children, in the
second case) are ancillary to men, and should bear the blame and
the shame for any departure from monogamy. Whoever is guilty of
the infidelity, the wife suffers: in the first case, by being
brutally killed on account of her husband's rage at her shameful
infidelity; in the second, by being so shamed and branded a failure
by his infidelity that she is driven to kill herself and her children.
Again, the idea that girls and women are first and foremost sexual
servants of men whose virginity before marriage and fidelity within
it are their preeminent virtues emerges in many of the statements
made in defense of cultural practices.
Western majority cultures, largely
at the urging of feminists, have recently made substantial efforts
to avoid or limit excuses for brutalizing women. Well within living
memory, American men were routinely held less accountable for
killing their wives if they explained their conduct as a crime
of passion, driven by jealousy on account of the wife's infidelity.
Also not long ago, women who did not have completely celibate
pasts or who did not struggle—even so as to endanger themselves—were
routinely blamed when raped. Things have now changed to some extent,
and doubts about the turn toward cultural defenses undoubtedly
come in part from a concern to preserve recent advances. Another
concern is that such defenses can distort perceptions of minority
cultures by drawing excessive attention to negative aspects of
them. But perhaps the primary concern is that, by failing to protect
women and sometimes children of minority cultures from male and
sometimes maternal violence, cultural defenses violate their rights
to the equal protection of the laws.23 When
a woman from a more patriarchal culture comes to the United States
(or some other Western, basically liberal, state), why should
she be less protected from male violence than other women are?
Many women from minority cultures have protested the double standard
that is being applied to their aggressors.24
Liberal Defense
Despite all this evidence of cultural
practices that control and subordinate women, none of the prominent
defenders of multicultural group rights has adequately or even
directly addressed the troubling connections between gender and
culture, or the conflicts that arise so commonly between multiculturalism
and feminism. Will Kymlicka's discussion is, in this respect,
representative.
Kymlicka's arguments for group
rights are based on the rights of individuals, and confine such
privileges and protection to cultural groups that are internally
liberal. Following John Rawls, Kymlicka emphasizes the fundamental
importance of self-respect in a person's life. He argues that
membership in a "rich and secure cultural structure,"25
with its language and history, is essential both for the development
of self-respect and for giving persons a context in which they
can develop the capacity to make choices about how to lead their
lives. Cultural minorities need special rights, then, because
their culture may otherwise be threatened with extinction, and
cultural extinction would likely undermine the self-respect and
freedom of group members. Special rights, in short, put minorities
on a footing of equality with the majority.
The value of freedom plays an important
role in Kymlicka's argument. As a result, except in rare circumstances
of cultural vulnerability, a group that claims special rights
must govern itself by recognizably liberal principles, neither
infringing on the basic liberties of its own members by placing
internal restrictions on them, nor discriminating among them on
grounds of sex, race, or sexual preference.26
This requirement is of great importance to a consistently liberal
justification for group rights, since a "closed" or discriminatory
culture cannot provide the context for individual development
that liberalism requires and because collective rights might otherwise
result in subcultures of oppression within and aided by liberal
societies. As Kymlicka says: "To inhibit people from questioning
their inherited social roles can condemn them to unsatisfying,
even oppressive lives."27
As Kymlicka acknowledges, this
requirement of internal liberalism rules out the justification
of group rights for the "many fundamentalists of all political
and religious stripes who think that the best community is one
in which all but their preferred religious, sexual, or aesthetic
practices are outlawed." For the promotion and support of these
cultures "undermines the very reason we had for being concerned
with cultural membership—that it allows for meaningful individual
choice."28 But the examples I cited earlier
suggest that far fewer minority cultures than Kymlicka seems to
think will be able to claim group rights under his liberal justification.
Though they may not impose their beliefs or practices on others,
and though they may appear to respect the basic civil and political
liberties of women and girls, many cultures do not, especially
in the private sphere, treat them with anything like the same
concern and respect as men and boys, or allow them to enjoy the
same freedoms. Discrimination against and control of the freedom
of females is practiced, to a greater or lesser extent, by virtually
all cultures, past and present, but especially religious ones
and those that look to the past—to ancient texts or revered
traditions—for guidelines or rules about how to live in
the contemporary world. Sometimes more patriarchal minority cultures
exist in the context of less patriarchal majority cultures; sometimes
the reverse is true. In either case, the degree to which each
culture is patriarchal and its willingness to become less so should
be crucial factors in considering justifications for group rights—once
we take women's equality seriously.
Clearly, Kymlicka regards cultures
that discriminate overtly and formally against women—by
denying them education, or the right to vote or to hold office—as
not deserving special rights.29 But sex discrimination
is often far less overt. In many cultures, strict control of women
is enforced in the private sphere by the authority of either actual
or symbolic fathers, often acting through, or with the complicity
of, the older women of the culture. In many cultures in which
women's basic civil rights and liberties are formally assured,
discrimination practiced against women and girls within the household
not only severely constrains their choices, but seriously threatens
their well-being and even their lives.30 And
such sex discrimination—whether severe or more mild—often
has very powerful cultural roots.
Although Kymlicka rightly objects
to the granting of group rights to minority cultures that practice
overt sex discrimination, then, his arguments for multiculturalism
fail to register what he acknowledges elsewhere: that the subordination
of women is often informal and private, and that virtually no
culture in the world today, minority or majority, could pass his
"no sex discrimination" test if it were applied in the private
sphere.31 Those who defend group rights on
liberal grounds need to address these very private, culturally
reinforced kinds of discrimination. For surely self-respect and
self-esteem require more than simple membership in a viable culture.
Surely it is not enough, for one to be able to "question
one's inherited social roles" and to have the capacity to make
choices about the life one wants to lead, that one's culture be
protected. At least as important to the development of self-respect
and self-esteem is our place within our culture. And at
least as important to our capacity to question our social roles
is whether our culture instills in and enforces particular
social roles on us. To the extent that their culture is patriarchal,
in both these respects the healthy development of girls is endangered.
Part of the Solution?
It is by no means clear, then,
from a feminist point of view, that minority group rights are
"part of the solution." They may well exacerbate the problem.
In the case of a more patriarchal minority culture in the context
of a less patriarchal majority culture, no argument can be made
on the basis of self-respect or freedom that the female members
of the culture have a clear interest in its preservation. Indeed,
they may be much better off if the culture into which they
were born were either to become extinct (so that its members would
become integrated into the less sexist surrounding culture) or,
preferably, to be encouraged to alter itself so as to reinforce
the equality of women—at least to the degree to which this
is upheld in the majority culture. Other considerations would,
of course, need to be taken into account, such as whether the
minority group speaks a different language that requires protection,
and whether the group suffers from prejudices such as racial discrimination.
But it would take significant factors weighing in the other direction
to counterbalance evidence that a culture severely constrained
women's choices or otherwise undermined their well-being.
What some of the examples discussed
above show us is how culturally endorsed practices that are oppressive
to women can often remain hidden in the private or domestic sphere.
In the Iraqi child marriage case mentioned above, if the father
himself had not called in agents of the state, his daughters'
plight might well not have become public. And when Congress in
1996 passed a law criminalizing clitoridectomy, a number of US
doctors objected to the law as unjustified, since it concerned
a private matter which, as one said, "should be decided by a physician,
the family, and the child."32 It can take
more or less extraordinary circumstances for such abuses of girls
or women to become public or for the state to be able to intervene
protectively.
Thus it is clear that many instances
of private sphere discrimination against women on cultural grounds
are never likely to emerge in public, where courts can enforce
their rights and political theorists can label such practices
as illiberal and therefore unjustified violations of women's physical
or mental integrity. Establishing group rights to enable some
minority cultures to preserve themselves may not be in the best
interests of the girls and women of the culture, even if it benefits
the men.
When liberal arguments are made
for the rights of groups, then, special care must be taken to
look at within-group inequalities. It is especially important
to consider inequalities between the sexes, since they are likely
to be less public, and less easily discernible. Moreover, policies
aiming to respond to the needs and claims of cultural minority
groups must take seriously the need for adequate representation
of less powerful members of such groups. Since attention to the
rights of minority cultural groups, if it is to be consistent
with the fundamentals of liberalism, must be ultimately aimed
at furthering the well-being of the members of these groups, there
can be no justification for assuming that the groups' self-proclaimed
leaders—invariably mainly composed of their older and their
male members—represent the interests of all of the groups'
members. Unless women—and, more specifically, young women,
since older women often become co-opted into reinforcing gender
inequality—are fully represented in negotiations about group
rights, their interests may be harmed rather than promoted by
the granting of such rights.
1 International
Herald Tribune, 2 February 1996, News section.
2 Will Kymlicka,
Multicultural Citizenship: A Liberal Theory of Minority Rights
(Oxford: Oxford University Press, 1995), pp. 89, 76. See also
Kymlicka, Liberalism, Community, and Culture (Oxford: The
Clarendon Press, 1989). It should be noted that Kymlicka himself
does not argue for extensive or permanent group rights for those
who have voluntarily immigrated.
3 Avishai Margalit
and Moshe Halbertal, "Liberalism and the Right to Culture," Social
Research 61, 3 (Fall, 1994): 491.
4 For example,
Chandran Kukathas, "Are There any Cultural Rights?" Political
Theory 20, 1 (1992): 105-39.
5 Okin, "Feminism
and Multiculturalism: Some Tensions," Ethics (forthcoming
1998).
6 For example,
Kymlicka, Liberalism, Community, and Culture and Multicultural
Citizenship, especially chap. 8. Kymlicka does not apply his
requirement that groups be internally liberal to those he terms
"national minorities," but I will not address this aspect of his
theory here.
7 See for example
Krit Singh, "Obstacles to Women's Rights in India," in Human
Rights of Women: National and International Perspectives,
ed. Rebecca J. Cook (Philadephia: University of Pennsylvania Press,
1994), pp. 375-096, especially 378-89.
8I cannot discuss
here the roots of this male preoccupation, except to say (following
feminist theorists Dorothy Dinnerstein, Nancy Chodorow, Jessica
Benjamin and, before them, Jesuit anthropologist Walter Ong) that
it seems to have a lot to do with female primary parenting. It
is also clearly related to the uncertainty of paternity, which
technology has now changed. If these issues are at the root of
it, then the cultural preoccupation with controlling women is
not an inevitable fact of human life, but a contingent factor
that feminists have a considerable interest in changing.
10 See Carol
Delaney, Abraham on Trial: Paternal Power and the Sacrifice
of Children (Princeton: Princeton University Press, forthcoming
1997). Note that in the Qur'anic version, it is not Isaac but
Ishmael whom Abraham prepares to sacrifice.
11 New York
Times, 5 October 1996, A4. The role that older women in such
cultures play in perpetuating them is important but complex, and
cannot be addressed here.
12 New York
Times, 26 June 1997, A9.
13 International
Herald Tribune, 2 February 1997, News section.
14 New York
Times, 12 March 1997, A8.
15 This practice
is discussed in Henry S. Richardson, Practical Reasoning About
Final Ends (Cambridge: Cambridge University Press, 1994),
especially pp. 240-43, 262-63, 282-84.
16 Agence
France Presse, 18 May 1997, International News section.
17 See, however,
Bhikhu Parekh's "Minority Practices and Principles of Toleration,"
International Migration Review (April 1996): 251-84, in
which he directly addresses and critiques a number of cultural
practices that devalue the status of women.
18 Sebastian
Poulter, "Ethnic Minority Customs, English Law, and Human Rights,"
International and Comparative Law Quarterly 36, 3 (1987):
589-615.
19 Amy Gutmann,
"The Challenge of Multiculturalism in Political Ethics," Philosophy
and Public Affairs 22, 3 (Summer 1993): 171-204.
20 Mahnaz Afkhami,
ed., Faith and Freedom: Women's Human Rights in the Muslim
World (Syracuse: Syracuse University Press, 1995); Valentine
M. Moghadam, ed., Identity Politics and Women: Cultural Reassertions
and Feminisms in International Perspective (Boulder, Colo.:
Westview Press, 1994); Susan Moller Okin, "Culture, Religion,
and Female Identity Formation" (unpublished manuscript, 1997).
21 For one of
the best and most recent accounts of this, and for legal citations
for the cases mentioned below, see Doriane Lambelet Coleman, "Individualizing
Justice Through Multiculturalism: The Liberals' Dilemma," Columbia
Law Review 96, 5 (1996): 1093-1167.
22 New York
Times, 2 December 1996, A6.
23 See Coleman,
"Individualizing Justice Through Multiculturalism."
24 See for example
Nilda Rimonte, "A Question of Culture: Cultural Approval of Violence
Against Women in the Asian-Pacific Community and the Cultural
Defense," Stanford Law Review 43 (1991): 1311-26.
25 Kymlicka,
Liberalism, Community, and Culture, p. 165.
26 Kymlicka,
Liberalism, Community, and Culture, pp. 168-72, 195-98.
27 Kymlicka,
Multicultural Citizenship, p. 92.
28 Kymlicka,
Liberalism, Community, and Culture, pp. 171-72.
29 Kymlicka,
Multicultural Citizenship, pp. 153, 165.
30 See, for
example, Amartya Sen, "More than One Hundred Million Women Are
Missing," New York Review of Books, 20 December 1990.
31 Will Kymlicka,
Contemporary Political Philosophy: An Introduction (Oxford:
The Clarendon Press, 1990), pp. 239-62.
32 New York
Times, 12 October 1996, A6. Similar views were expressed on
public radio.
Thanks to Elizabeth Beaumont
for helpful research assistance and comments on an earlier draft.
Originally published
in the October/ November 1997 issue of
Boston Review
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