A/HRC/4/34
page 11
26.
Not least due to the universality of women’s oppression, the human rights movement
itself struggled for a long time to recognize that the equality of women and men constitutes a
logical and indispensable element of a normative system built on dignity and equality.12 The
inclusion of the norm of non-discrimination on the ground of sex in the Charter of the
United Nations as well as the Universal Declaration of Human Rights, which laid the ground for
universal rights, was made possible in response to the demands of women.13
2. Primacy of women’s right to live a life free of violence
27.
Building on the Universal Declaration, women’s movements appropriated the
universally agreed language of human rights and transformed the international human rights
framework to address their concerns. The evolution of women’s history, especially since 1970s,
has revealed the commonalities and the global connectedness of women’s local resistance. The
United Nations provided a platform for women to network and integrate the common elements
of this history into the work of the Organization, which has resulted in the growth of a
well-established gender equality and women’s rights regime. Most important in this regard is the
adoption of the Convention on the Elimination of All Forms of Discrimination against Women
(1979) by the General Assembly. The Convention addresses linkages between culture and
gender discrimination, requiring States not only to take all appropriate measures, including
legislation, to modify or abolish existing laws, regulations, customs and practices which
constitute discrimination against women, but also stipulates that States “shall take all appropriate
measures to modify the social and cultural patterns of conduct of men and women” that are
linked to inequality between the sexes and gender stereotypes. While the Convention enjoys
near universal ratification, a number of States have sought to curtail its scope by entering
extensive reservations to articles 2 and 16 on cultural or religious grounds. Reservations to the
core provisions of articles 2 and 16 are legally impermissible (see Convention, article 28 (2)),
since they are incompatible with the object and purpose of the Convention.14
28.
The Convention, however, does not explicitly make reference to violence against women
(apart from article 6 on trafficking of women and exploitation of prostitution, which draws on
prior international treaties and relates to “public sphere” forms of violence). In order to remedy
this drafting gap, the Committee on the Elimination of Discrimination against Women
(CEDAW) adopted a comprehensive general recommendation (No. 19) in 1992, which has
12
For a discussion of continuing challenges at the international level see: C. Chikin, “Gender
and International Society”. In R. Thakur and E. Newman (eds.), New Millennium, New
Perspectives (Tokyo: United Nations University Press, 2000), pp. 242-260.
13
It is noteworthy that a woman from India, Hansa Mehta, who, in the drafting of the
Universal Declaration, objected to her fellow drafters’ initial proposal to include the phrase “all
men are created equal”.
14
Cf. also Report of the Committee on the Elimination of Discrimination against Women,
statements on reservations to the Convention on the Elimination of All Forms of Discrimination
against Women, Official Records of the General Assembly, Fifty-third Session, Supplement
No. 38 (A/53/38/Rev.1), part two, chap. I, sect. A, paras. 8, 16 and 17.
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