A/HRC/4/34
page 25
D. Conclusions
67.
Cultures, including the universal human rights culture, are contested sites.
Historically, women, individually and collectively, in the Global North and in the South
have actively resisted and negotiated oppressive cultural practices. The interconnectedness
of local resistance movements evolved into an international women’s movement which
succeeded in transforming the international human rights law to address the specific ways
in which violation of women’s rights occur. This culminated in a comprehensive agenda
that recognizes violence against women as a human rights violation that must be
condemned regardless of whether the violence is grounded in traditional, religious or
cultural practices.
68.
However, despite the fact that the international community has recognized the
universality of rights, identity politics and cultural relativist paradigms are increasingly
employed to constrain in particular the rights of women. Essentialized interpretations of
culture are used either to justify violation of women’s rights in the name of culture or to
categorically condemn cultures “out there” as being inherently primitive and violent
towards women. Both variants of cultural essentialism ignore the universal dimensions of
patriarchal culture that subordinates, albeit differently, women in all societies and fails to
recognize women’s active agency in resisting and negotiating culture to improve their terms
of existence.
69.
Making culture the divisor of rights and singling out specific practices as the only
culturally sanctioned form of violence that deserves to be denounced or defended inherently
de-links violence against women from its root causes and fragments and complicates the
struggles against gender-based violence, particularly for women in the South whose
salvation becomes one of denying themselves their own cultural identity. Such a polarized
perception of violence against women undermines the universal application of international
human rights norms and prevents a scrutiny of domestic culture with respect to human
rights implications.
70.
This report has argued that cultural essentialism, in its orientalist as well as
occidentalist variations, are based on several myths that need to be challenged if we are to
move forward in the international human rights agenda in general and the elimination of
violence against women in particular. These are: (i) depicting culture as immutable and
static; (ii) culture as homogenous; and (iii) culture as apolitical and detached from the
material foundation of life. Such myths privilege dominant representations of culture while
denying space for alternative voices; they cloud over the material basis of life that
underpins cultural claims, thus overlooking the political and economic conditions that
sustain the violation of women’s rights.
71.
Compromising women’s rights is not an option. Therefore, the challenge that
confronts us today is to respect and prize our diverse cultures while developing common
strategies to resist oppressive practices in the name of culture, and to promote and uphold
universal human rights while rejecting encroachments grounded in ethnocentric thinking.
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