Standing
Graduate (Masters)
Type of Proposal
Oral Research Presentation
Faculty
Faculty of Law
Faculty Sponsor
Beverly Jacobs
Proposal
The platitude “with great power comes great responsibility” alludes to the onus on a person or institution to act for the greater good. I borrow this platitude to convey how developing governments fall short when this is most pertinent—the child’s best interest. For decades, the contentious issue of female genital circumcision (FGC) has made waves in a plethora of forms. However, this practice still ensues for many girls in developing countries. Through a critical review of literature, I elucidate how legal and social norms must interact when the change of behaviour is the objective of the law. Owing to legal pluralism, people live at the crossroads of their cultural group, national values, and global standards. In this regard, many layers of law operate on each level—international, national, and customary law, which exist in parallel regimes. This research primarily utilizes a doctrinal methodology to show how international law considered authoritative by virtue of Article 38 of the Statute of the International Court of Justice does not fully merge fluidly into the culturally pluralistic legal systems of countries practicing FGC. Hence, I argue that it is the role of developing States to ensure that human rights approaches and laws move across the cultural gap between international law and the communities that practice FGC. I propose the adoption of vernacularization to express globally originated ideas and laws in a way that resonates with local perspectives.
Availability
March 29 to April 1 from 12pm-3pm.
Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.
The Missing Link: Reflecting the Social Fabric in the Legal Implementation Measures Against Female Genital Circumcision in Developing Countries
The platitude “with great power comes great responsibility” alludes to the onus on a person or institution to act for the greater good. I borrow this platitude to convey how developing governments fall short when this is most pertinent—the child’s best interest. For decades, the contentious issue of female genital circumcision (FGC) has made waves in a plethora of forms. However, this practice still ensues for many girls in developing countries. Through a critical review of literature, I elucidate how legal and social norms must interact when the change of behaviour is the objective of the law. Owing to legal pluralism, people live at the crossroads of their cultural group, national values, and global standards. In this regard, many layers of law operate on each level—international, national, and customary law, which exist in parallel regimes. This research primarily utilizes a doctrinal methodology to show how international law considered authoritative by virtue of Article 38 of the Statute of the International Court of Justice does not fully merge fluidly into the culturally pluralistic legal systems of countries practicing FGC. Hence, I argue that it is the role of developing States to ensure that human rights approaches and laws move across the cultural gap between international law and the communities that practice FGC. I propose the adoption of vernacularization to express globally originated ideas and laws in a way that resonates with local perspectives.