ABSTRACT

Feminists are subtly challenging and changing our understanding of international law. They are highly critical of its structure and content, and yet offer practical suggestions about ways of re-vitalising it to take into account women’s perspectives and concerns. In doing so, these feminists are providing international law with new insights and giving it an increased momentum. One problem which feminists have highlighted is that of clashes between cultures and international human rights, or more specifically, traditional cultures and international women’s rights. This chapter examines this issue by looking at the conflicts between the rights of aboriginal women, aboriginal communities and the wider Canadian state. It highlights some of the basic problems involved in using international law for feminist strategies. The chapter also sets out three potential feminist remedies to these problems, and the third part will illustrate these issues by examining the Lovelace and Native Women’s Association of Canada cases.