A/HRC/4/34
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3. The harmful traditional practices agenda
32.
The most concrete expression of the evolving normative framework with respect to
culture and violence against women is found in the agenda on harmful “traditional” practices
affecting the health of women and children that was formalized through the establishment
in 1984, by the Subcommission on Prevention of Discrimination and Protection of Minorities of
the Commission on Human Rights, of a working group on harmful traditional practices. In 1988
a Special Rapporteur was appointed to monitor and report on the issue.17 Within this context,
although several traditional practices were identified, the main focus was on female genital
mutilation (FGM).18
33.
While this agenda has helped to identify types of violence against women formerly not
recognized and mobilized international and local constituencies for their eradication, it also
contributed to essentializing certain cultures as the source of the problem. As one writer put it,
the harmful traditional practices agenda “unfortunately reinforced the notion that metropolitan
centers of the West contain no ‘tradition’ or ‘culture’ harmful to women, and that the violence
which does exist is idiosyncratic and individualized rather than culturally condoned”.19 A 1995
United Nations publication on harmful traditional practices, for instance, seems to juxtapose
non-Western traditional practices with “non-traditional practices, such as rape and domestic
violence” (sic).20 This classification is dubious and highlights the problem the concept of
“tradition” entails. Since high rates of domestic violence and rape persist in the Western world,21
17
Study on traditional practices affecting the health of women and children; final report of the
Special Rapporteur, Mrs. Halima Embarek Warzazi (E/CN.4/Sub.2/1991/6).
18
Any procedure involving partial or total removal of the external female genitalia or other
injury to the female genital organs for cultural, religious or other non-therapeutic reasons and
thereby causes physical and/or psychological harm must be regarded as female genital
mutilation, regardless under what medical conditions it is carried out.
Some have argued that the treatment of female genital mutilation as a harmful practice to
women is an ethnocentric stand that ignores the fact that the practice provides women with more
sexual power over her partner and makes them more proactive in sex. Such notions could have
been entertained if we were to assume that women are free agents and do not behave under
severe patriarchal constraints. Paradoxically, such claims are themselves ethnocentric and are
advanced by taking women’s subordination as a given.
19
B. Winter, D. Thompson and S. Jeffreys, 2002, “The UN Approach to Harmful Traditional
Practices”, International Feminist Journal of Politics, vol. 4, No. 1, pp. 72-94.
20
Harmful Traditional Practices Affecting the Health of Women and Children, Human Rights
Fact Sheet No. 23, 1995.
21
See the reports on my missions to Sweden (A/HRC/4/34/Add.3) and the Netherlands
(A/HRC/4/34/Add.4).
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