A/HRC/4/34
page 10
given people’s culture. The core values that human rights protect and promote, including
dignity, equality and the notion of rights itself, emerged in response to human suffering around
the world. These values have been articulated in an array of literatures, religions and cultural
practices of people all around the world9 and became formalized into international law through
consensus decisions of representatives of States Members of the United Nations in multilateral
negotiations and advocacy of civil society groups.10
24.
In addition to serious violations such as slavery, genocide or ethnic cleansing, the historic
oppression of women, rooted in a universal patriarchal culture, counts among the gravest failings
of humanity, to which human rights have responded. Gender inequality and the violence
associated with it is one of the common elements of history that cuts across all “civilizations”.
For instance, Jean-Jacques Rousseau, one of the “fathers” of Western enlightenment, apparently
saw no contradictions with the principles he espoused when he wrote: “In the family, it is clear,
for several reasons which lie in its very nature that the father ought to command.”11 However, in
many parts of the world, historical transformations and women’s individual and collective
struggles resulted in significant deviations from this norm towards greater equality between the
sexes. This has required and continues to require a firm political commitment, prioritizing
gender equality as a public policy issue and constantly stimulating and monitoring changes in the
culture of major institutions of society through informed political and legislative action.
25.
Historically, women everywhere had to organize to resist patriarchy whether in
negotiating their representation in public space; unequal nationality, property or personal laws;
and the public/private distinction in international human rights law, among others. Women in
their struggle against oppression within their homes and societies often aligned themselves with
larger resistance movements striving for social and political justice, including resistance
movements against colonial and racist oppression or anti-globalization and environmental
movements, etc. For example, in South Africa it was the strong presence of women in the
struggle against the racism and sexism of the apartheid State that was instrumental in ensuring
that gender equality was firmly entrenched in the 1996 Constitution. However, it must be noted
that these alliances did not always work to women’s advantage. Nonetheless, they occasioned
new contradictions, equipped women with new skills and exposed the gendered nature of other
spheres of conflict and contestation.
9
M. Ishay, The History of Human Rights: From Ancient Times to the Globalization Era
(Berkeley, CA: University of California Press, 2004); Human Rights in Cross Cultural
Perspectives: A Quest for Consensus, A.A. An-Na’im, (ed.) (University of Pennsylvania
Press, 1995).
10
Z. Arat, “Forging A Global Culture of Human Rights”, Human Rights Quarterly, vol. 28,
pp. 416-437; M. Chanock, “‘Culture’ and human rights: orientalising, occidentalising and
authenticity”. In Beyond Rights Talk and Culture Talk. Comparative Essays on the Politics of
Rights and Culture, M. Mamdani (ed.) (New York: St Martin’s Press, 2000), pp. 15-36.
11
J.J. Rousseau, A discourse on political economy (1755). Edition used: The Social Contract
and Discourses, translated and with an introduction by G.D.H. Cole (London: J.M. Dent and
Sons, 1913).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents