Reply
to Objection 2: “Subjection is twofold. One is servile, by virtue of which a
superior makes use of a subject for his own benefit; and this kind of
subjection began after sin. There is another kind of subjection which is called
economic or civil, whereby the superior makes use of his subjects for their own
benefit and good; and this kind of subjection existed even before sin. For good
order would have been wanting in the human family if some were not governed by
others wiser than themselves. So by such a kind of subjection woman is
naturally subject to man, because in man the discretion of reason predominates” - Thomas Aquinas (Summa Theologica)
Quran 4:34 - Men are
overseers over women because Allah has given the one more strength than the other, and because
men are required to spend their wealth
for the maintenance of women.
INTRODUCTION
• Women
rights activists view religion as a threat to women’s rights
• This
springs from the fact that religion prescribes roles for women which
subordinates them and requires them to be obedient to men
• In
issues of reproductive health and control of their bodies, encompassing such
matters as use of contraception, and the right to have an abortion, religion
plays a major part in determining the stance taken by society. This has thus
been seen as religious interference in the rights of women
• According
to Rebecca J. Cook of University of Toronto “the world’s most influential
religious authorities claim to distinguish between right and wrong relations
between the sexes, and acceptable and unacceptable personal sexual behaviour.
They are frequently jealous of their control of the field of sexual and
reproductive morality, and fearful of the developments in biology that liberate
individuals to achieve their reproductive purposes, to enjoy sexual
relationships without unwanted pregnancy, and to overcome infertility by means
of medically assisted reproduction”
• Religious
law prescribes personal status, inheritance rights, criminal and civil
procedure, right of the partners in marriage, divorce etc. These are sometimes
in conflict with international notions of human rights and women rights
particularly
• Rebecca
J. Cook further stated “Many conservative religions dominated by men who
exclude women, are unaware of how women live their lives, and advance doctrines
opposed to women’s equality with men in personal, family, social and
legislative decision-making”
• Women’s
rights seeks to eliminate all forms of discrimination against women and to achieve
equality between men and women in all spheres (public and political life,
health employment, nationality, marriage etc)
• Advocates
of women rights contend that if indeed human rights are universal, inalienable
and indivisible, then it ought to apply to women to the same degree it applies
to men
• Owing
to stereotypes associated with culture and religion, most women have been
sidelined, marginalized and relegated to the background.
• This
is construed as a denial of the rights of women and has been the driving reason
for the agitation for their rights.
• Since
government action is mainly restricted to the public sphere and it is
restricted from interfering in the private sphere, like the family, most
violations of women’s rights which occur in private like domestic violence,
custodial rape, etc are oftentimes not redressed
• Owing
to the fact that freedom of religion is a fundamental human right protected by
international and municipal laws, there necessarily arises a conflict between
values protected by these rights- the value of freedom protected by the freedom
of religion and the value of equality and non-discrimination protected by
women’s rights.
• In
the absence of a normative hierarchy of rights in international human rights
law, there is no laid down rule for resolving these conflicts, and ingenuity is
required to balance these rights in such a way as to ensure justice.
Nonso Robert Attoh
