Catching Up with the Past: Recent Decisions of the Inter-American Court of Human Rights Addressing Gross Human Rights Violations Perpetrated During the 1970 1980s

Posted: 14 Jul 2008

See all articles by Claudia Martin

Claudia Martin

American University - Washington College of Law

Abstract

This article highlights some of the discursive implications of framing the question of Islamic dress as one of religious rights. It is argued that the very construction of hijab issues as those of religious identity , sustained by the use of Article 9 of the ECHR as the primary legal basis for their resolution, has shaped a number of counterproductive trends. These are: avoiding difficult questions through a judicial technique of deference to local knowledge; using a language of choice to produce an obscure and unsatisfactory account of Muslim women's agency; false dichotomising of culture and gender; and producing an ever more docile and exposed subject through the subtle mechanisms of public scrutiny and moralising. Each trend is considered in turn. The article's arguments draw on the critical thought of Wendy Brown and post-colonial feminism.

Suggested Citation

Martin, Claudia, Catching Up with the Past: Recent Decisions of the Inter-American Court of Human Rights Addressing Gross Human Rights Violations Perpetrated During the 1970 1980s. Human Rights Law Review, Vol. 7, Issue 4, pp. 774-792, 2007, Available at SSRN: https://ssrn.com/abstract=1158883 or http://dx.doi.org/10.1093/hrlr/ngm031

Claudia Martin (Contact Author)

American University - Washington College of Law ( email )

4300 Nebraska Avenue, NW
Washington, DC 20016
United States

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