An Anticolonial, Abolitionist, and Feminist Lens to Interrogate Human Rights Penality
摘要
International human rights (IHR) instruments, case law, and principles are often perceived as mechanisms to curtail state coercion, safeguard democracy, and prevent abuses of penal power. However, a closer examination of the dominant human rights discourse reveals a problematic aspect: its contribution to bolstering the penal apparatus and universalising Western-style penality as a primary signifier of justice. This “human rights penality” is enhanced by IHR bodies’ mandates, increasingly urging states to criminalise, prosecute, and punish human rights violations, including violence against women. In this chapter, I argue that adopting an anticolonial and feminist perspective is essential for delving deeper into the paradox that mainstream human rights may inadvertently perpetuate a patriarchal and colonial carceral order.