The cultural defense : possible correlations and applications within the framework of women’s rights
The cultural defense : possible correlations and applications within the framework of women’s rights

Summary/Abstract: In the present paper, we aim to reveal in a non-exhaustive manner the peculiarities of the cultural-juridical institution that is circumscribed to the American system of justice : the cultural defense. By applying the deductive method of reaserch, we will proceed to presenting the conceptualization patterns of the cultural defense so that finally, we will undertake the case-law analysis of the cultural defense and of the impact that it has upon women’s rights. The essential idea that we will upheld throughout our paper consists in the suis generis character of the cultural defense –a suis generis character that becomes notable even in the hypothesis of applying the cultural defense in the field of women’s rights. We deem that, the possible legal recognitionof the cultural defense represents a manifestation of legal pluralism and of substantial equality –the latter being based upon the right of the individual to being different. In the same token, we deem that, the formalization of the cultural defense as amitigating factor of the punishment constitues a legal instrument that will ensure the equilibrium between the right to identityof the cultural communities –as a collective right and the individual rights of women that are circumscribed within the more extensive sphere of human rights

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