A/HRC/4/34 page 21 practice must be stopped in support of one of the highest values of Islam, namely to do no harm to another”, and called for its criminalization. Recommendations such as these are exemplary and praiseworthy provided that they are embedded in an earnest and ongoing process to examine and, if necessary, reinterpret the entire spectrum of cultural norms that discriminate against women and they are not only tactical concessions to reaffirm dominant discriminatory paradigms and the authority of those who represent them. 56. The emerging human rights culture, built on values that retain a universal appeal despite the implementation gap, is another cultural resource that has so far been underutilized, because the human rights framework and its moral force is still not fully applied to the concerns of women. In overcoming the public/private dichotomy, for instance, we should recognize all those forms of violence against women that entail severe pain or suffering, whether physical or mental e.g. female genital mutilation - as torture. Cases in which young women living outside their home countries or regions are sent home under a deceptive pretext and with the intent of forcing them into marriage should be regarded as human trafficking.39 As cultural relativist discourses strengthen, we need unashamedly to invoke universal human rights and defend the principles for which women around the world have struggled with more pride, not less. It needs to be noted that when societies create a positive cultural environment for women and enhance their access to critical resources such as land, housing, sustainable livelihoods and other entitlements, the risk of violence is significantly reduced and the society as a whole flourishes economically and otherwise.40 4. Static, monolithic and apolitical? Demystifying culture 57. As indicated above, dominant cultural paradigms that discriminate against women are typically coated in several suits of myths. These myths serve to protect the interests of those who monopolize the right to speak on behalf of culture, but also develop a life of their own as they transform into perceived realities. 58. For one myth, culture is frequently presented as static and immutable, as time-honoured “traditions” rather than the custom of some of those currently living within the culture. Customary law, in particular, derives its legitimacy from this claim to tradition, a claim that has historically been contested. Throughout the world, local customary norms were often distorted, and became more disadvantageous for women, because colonial Powers employed indirect colonial rule structures that used customary authorities and institutions to extend the colonizer’s 39 With respect to forced marriage, I would also like to highlight the positive example set by the Special Court for Sierra Leone which has accepted to try cases of forced marriage that occurred during the armed conflict as crimes against humanity. See http://www.sc-sl.org/ prosecutor-051704.html. 40 For a discussion of the consequences of violence against women, including its cost to society, see: the in-depth study on all forms of violence against women: report of the Secretary-General (A/61/122/Add.1 and Corr.1) (2006).