South Sudan will officially be recognized as an independent country on July 9, 2011; however, a majority of the population will continue to be oppressed under customary law. While the equal rights of women and girls are written into the Constitution and Bill of Rights, the country upholds customary law, which reinforces a cycle of oppression. While it is often argued that the practices of different societies should be understood and appreciated rather than criticized, it is also argued that certain rights that are universal in nature must be upheld. This paper introduces the soon to be independent country of South Sudan and the problems they face pertaining to harmful practices. It also examines the ongoing debate surrounding the theories of universality and cultural relativity and questions whether or not children and women share universal rights that transcend cultural boundaries. In the end, the theory of universality prevails over cultural relativity under the argument that women demand rights throughout the world regardless of where they reside. Furthermore, a practice that oppresses one group over another based on gender differences cannot be justified under the guise of culture, and instead must be reformed as culture is never constant, but rather always evolving.
- The Future of South Sudanese Women: Restructuring Customary Law in South Sudan
- Jaclyn Garcia
- Mark Auslander (Advisor)
- Brandeis University, Graduate School of Arts and Sciences; Master of Arts (MA)
- Master of Arts (MA), Brandeis University, Graduate School of Arts and Sciences
- Brandeis University
- Brandeis University, Graduate School of Arts and Sciences
- 10192/24365; 9923879948401921
- Copyright by Jaclyn Christine Garcia 2011
- Interdepartmental Program in International and Global Studies
- English
- Thesis