Mothering Practices and Human Rights Abuses of Girls in Marginalized Contexts: Examining the Moral Culpability of Women who Abuse Children

Abstract

The form of gender-based violence (GBV) analysed in this article relates to ‘harmful traditional practices’ (HTPs) detrimental to the health and well-being of girls. In response to calls to action from the international community, many states are enacting laws and regulations against HTPs. Scholars argue that criminal justice reform is a vital component of efforts to reduce HTPs. While this article supports establishing mechanisms to address violence against girls, I question whether criminalization is a suitable strategy. HTPs, although classified as GBV, have distinctive features. Their prevalence hinges on ideas surrounding ethnicity and/or religion in addition to the fact that women work directly and indirectly to sustain these violent practices. The developing contemporary understanding of HTPs within and without legal systems, to the degree that it focuses on perpetrators of abuse, ignores the role of women in the production and reproduction of HTPs. Criminalization of HTPs will have a disproportionate effect on mothers. This article seeks to question and understand the dilemma of determining the ‘moral culpability’ or responsibility of mothers who support and participate in violence against girls. Using postmodern feminism, I argue that a genuine commitment to protecting children requires an approach that accounts for the growing significance of culture, not only in defining action but also providing cultural components that play a role in the decisions of mothers.