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  • Essay / Cultural defense for ethnic or cultural accommodation...

    Multiculturalism can be an idea for a society that can be peaceful, composed of several ethnicities. However, in the context of gender equality, multiculturalism can be a troubling manifestation of gender discrimination sanctioned by the justice system, while reinforcing gender stereotypes against minority women and even in changing the way majority gender norms are perceived. Proponents of the “cultural defense” advance various arguments, the most popular being that different cultures understand moral or ethical dilemmas differently; therefore, the severity of how the law is enforced should reflect whether their actions were immoral in their home society. origin. This appears to be a valid argument on its face, but upon closer examination, the illogical nature of the proposition seems sufficient to render the "cultural defense" invalid as a defense in court since the law is intended to be applied universally. However, in practice, "cultural defense" in cases involving women's rights is the final nail in its proverbial coffin. In many cases involving men defending charges of violent crimes against women, the men have used the "cultural defense" to reduce or eliminate the criminal charges. Therefore, the “cultural defense” can have the effect of denying women equal protection under the law. Three cultural defense cases that have arisen over the past half-century are particularly relevant and have proven to be highly troubling precedents in cases involving the loss of equal protection. under the law by women or to mitigate punishment in cases of violent crimes against women. The first important case is Santa Clara Pueblo v. Martinez, 436 US 49 in 1978, concerning women's membership rights in the Santa Clara Pueblo tribe. The second......middle of document......men who use cultural defense, isn't it right to forgo culturally informed moral and ethical decisions when they immigrate to a society completely new?Works CitedFabiano, PM, Perkins, HW, Berkowitz, A., Linkenbach, J. and Stark, C. (2003). Engaging men as social justice allies to end violence against women: Evidence for a social norms approach. Journal of American College Health,52(3), 105-112.Okin, SM (1999). Is multiculturalism bad for women? Princeton University Press. Phillips, A. (2003). When culture rhymes with gender: issues of cultural defense before the English courts. The Modern Law Review, 66(4), 510-531. Shachar, A. (2001). Multicultural jurisdictions: cultural differences and women's rights. Cambridge University Press. Song, S. (2005). Majority norms, multiculturalism and gender equality. American Political Science Review, 99(04), 473-489.