Abstract:
International frameworks which recognise individual rights has always been a difficult issue to solve when dealing with customary practices. This problem is substantially evident when dealing with issues involving gender equality. The Solomon Islands and other countries which practice customs which objectively disadvantage women have found it difficult to find the balance between preserving unique cultural traditions while also recognising individual rights under international frameworks.
Like many Pacific jurisdictions, the Solomon Islands tries to recognise customary law. With custom practices being predominantly based around the principles of patriarchy, women are often left disadvantaged and are limited in achieving certain rights. The application of custom within these frameworks have often been difficult, with Courts unsure of the degree in which to apply customary law and subsequently implementing international agreements.
This paper will be split up into three parts. First, to analyse the issues that surround cultural practices that potentially infringe on individual rights. The customary practice of brideprice will be used to illustrate tradition which implicitly treat women in a derogatory manner and the subsequent issues that arise from it as a result. Second, an analysis of international frameworks to identify the extent in which customs may be practiced and the limitations to which certain customs may be practiced regarding individual rights. Third, to discuss the possible ways international frameworks can be effectively implemented through local legal regimes.
