Uma teoria da justiça feminista : reflexões acerca da mutilação genital feminina

Abstract

Female genital mutilation (FGM) is a cultural practice recognized by the World Health Organization (2008) as any injury to the female genital organs for non-medical reasons. The procedure usually occurs in girls aged 04 to 07 years, being predominant in Islamic and African countries, but already spread around the world due to migration processes. Given this scenario, the problem that guides this research asks: is it possible to consider an ethical minimum for the treatment of human beings in view of the existing cultural diversity? Using the case of female genital mutilation and the philosophical discussion involving the theme as a basis, can gender equality be the foundation for a theory of justice? This work uses female genital mutilation as a basis, presenting in the first chapter considerations about the feminist movement, focusing on egalitarian liberal feminism, discussing issues about autonomy, freedom, and rationality; it presents data regarding the practice of FGM, such as testimonials from women who have undergone the procedure, motivations for the practice, violated rights, and advances in eradication. In the second chapter, the relationship between multiculturalism, universalism, culture and gender is demonstrated; after that, John Rawls' theory of justice is presented, the feminist criticisms directed to his theory, and a reflection on how a fictitious people who perform female genital mutilation, called Lemandia, will be seen in an international scenario from the Law of Peoples. In the last chapter, a possibility of a feminist theory of justice is presented, in which three essential issues are focused on: ethical feminism as a possibility of treating women as an end in itself, justifying the non-instrumentation of women from the categorical imperative; Martha Nussbaum's capabilities approach, as a way of delimiting a basic social justice, and Nancy Fraser's three-dimensional theory of justice, which enables a form of social organization so that women can claim improvements in their lives from the idea of participatory parity as a matter of justice. The methodology is exploratory, based on theoretical references in physical and digital media, focusing mainly on feminist theories and political philosophy, as well as other sources that allow a better understanding and deepening of the theme.