A/HRC/4/34
page 2
Summary
This is my first thematic report to the Human Rights Council in my capacity as the
Special Rapporteur on violence against women, its causes and consequences. It is submitted in
accordance with Human Rights Council decision 1/102. Section I is an introduction, section II
summarizes my activities in 2006 and section III examines the intersections of culture and
violence against women and contains my conclusions.
The report addresses the dominant culture-based paradigms that justify or explain the
violations of women’s rights, reducing violence against women to a cultural problem. It
traces the trends in the development of the international normative framework on violence
against women in relation to culture that culminated in the recognition of the primacy of
women’s right to live a life free of gender-based violence over any cultural considerations.
Then, it critically examines how cultural discourses are created, reproduced and instrumentalized
to challenge this primacy and the validity of the principle of gender equality and women’s
human rights in general. It is argued that cultural explanations overlook the material basis of
cultural formations, thus disguising the political and economic foundation of sociocultural
dynamics.
Building on the Universal Declaration of Human Rights, women’s movements
appropriated the universally agreed language of human rights and transformed the
international human rights framework to address their concerns. Thanks to the common
struggles of women of diverse cultures and backgrounds, a well-established gender equality and
women’s rights regime has evolved within the United Nations, reflecting a universalizing culture
from within.
These norms establish the primacy of women’s right to live a life free of gender-based
violence and provide that States cannot invoke any cultural discourses, including notions of
custom, tradition or religion, to justify or condone any act of violence. This also means that they
may not deny, trivialize or otherwise play down the harm caused by such violence by referring to
these notions. Instead, States are expressly required to condemn such violence, which entails
denouncing any cultural discourse put forward to justify it.
Since their inception, the universality of human rights and their validity in a given local
context have been continuously contested through relativist discourses that brand them as
external impositions that are incompatible with local culture. On the other hand, cultural
practices that discriminate against women are frequently regarded as belonging to “others”,
whether they live in developing countries or belong to local immigrant communities. Embedded
into this practice of “othering” is a trend towards isolating violence against women from the
wider political and economic environment and the overall concern for women’s rights,
empowerment and equality.
In the neo-liberal era, identity politics, based on cultural differences has made culture
the site of contestation and the notion of culture a tool of new forms of oppression, whether in
its orientalist or occidentalist guise. Women, particularly those from the Global South, find
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