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9 Indon. L. Rev. 1 (2019)

handle is hein.journals/indolawrev9 and id is 1 raw text is: 



Indonesia Law Review (2019) 1: 1-26
ISSN: 2088-8430 | e-ISSN: 2356-2129

      ELIMINATION OF CULTURE-BASED DISCRIMINATION
  AGAINST WOMEN IN INDONESIA: AN ASSESSMENT OF THE
  IMPLEMENTATION OF STATE PARTIES' OBLIGATIONS UNDER
          ARTICLE 5(A) OF THE WOMEN'S CONVENTION


                              Widya  Naseva  Tuslian


*Faculty of Law, Universitas Indonesia

Article Info
Received: 17 December 2018 I Received in Revised Form: 17 January 2019 I Accepted: 30 April 2019
Corresponding author's email: widyatuslian@ui.ac.id



                                      Abstract
 The notion of cultural relativism has always been a fundamental challenge to upholding human
 rights values, especially regarding gender mainstreaming and the equality of both sexes. In this
 sense, there is a view that cross-cultural moral values are not acceptable given thecultural traits
 that produce their own modes ofthinking and ideology. It is thus understandable thatArticle 5(a)
 of the Women's Convention (i.e., The Convention on the Elimination of all Forms of Discrimination
 Against Women), which is the only provision in international law that seeks to modify cultures that
 prejudice women, will deal with constant hurdles in countries like Indonesia that firmly embrace
 cultural values. This is true even though a signal of commitment has been shown by ratification
 because the signal itself makes not reservation to the obligations stipulated therein. However,
 these commitments remain highly questionable as discriminatory laws remain in force across the
 country from the national to the local level and new discriminatory regulations continue to be
 issued. The Committee of Elimination of Discrimination Against Women (CEDAW) has reminded
 Indonesia at some occasion that cultural and religious values must not undermine the universality
 of women's rights. Nevertheless, up until now, the authorities have always failed to create a clear
 timeframe for revision of laws that institutionalize negative stereotypes against women. Taking
 this perspective into account, this paper will explore the reasons for and indicators of Indonesia's
failure to implement Article 5(a) to modify cultural values and stereotypes against women in its
legal system and instruments. In doing so, this paper will also dig deeper into Indonesia's barriers
to implementing its state obligations under this article.
Keywords: Human   Rights, Universality, Cultural Relativism, Gender, Discrimination Against
Women


I.  INTRODUCTION
    The Convention  on the Elimination of all Forms of Discrimination against Women
 (Women's  Convention) is an important human  rights instrument that aims to redress
 the asymmetrical  position and power  relationship between   men  and women.   The
 Women's   Convention  requires  States' parties to combat   discrimination  against
 women   in all aspects of social life, laws, policies, and education, on any grounds,
 including traditions, customs, religious values, and culture. Discrimination based on

    I Widya Tuslian is a Researcher and Junior Lecturer on Department of Law and Society of Faculty of
Law University of Indonesia. She finished her studies on Faculty of Law University of Indonesia for her
Bachelor'sdegree (LL.B), and Faculty of Law Maastricht University the Netherlands for her Master's degree
(LL.M). She is currently doing a research on The Mechanism of Handling the Cases of Violence Against
Women  in South East Asia's Countries.


DOI: http://dx.doi.org/10.15742/ilrev.v1n9.507

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