Territorial Pluralism and Family-Law Reform: Conflicts between Gender and Culture Rights in Federations, North and South

Abstract

This article considers how gender conflicts and cultural rights conflicts affect family-law reform. UN Women maintains that women experience harms including violence because of legal pluralism, i.e. multiple family law codes. The article explores if federal territorial pluralism involves similar dangers. Since women's citizenship depends on equality, security and autonomy in family relations, the question is whether federal governments can regulate legal pluralism and enact reforms required under international law. Although in some federations, unregulated territorial pluralism harms women, some federal governments regulate legal pluralism effectively and reform family law codes. State capacity, political will, and manageable diversity all contribute to positive outcomes.