A/HRC/4/34
page 16
People would entail and they could prove to be counterproductive for indigenous peoples’ rights
in the long run. Ultimately, indigenous peoples’ struggle for social justice on a human rights
platform will only be legitimate, and therefore successful, if human rights problems within the
community, in particular violence and discrimination against women, are also acknowledged and
addressed.
Regional frameworks
40.
Women’s rights, including the primacy right to a life free from gender-based violence,
have also been challenged through regional frameworks using rights terminology. An example
is the Cairo Declaration on Human Rights in Islam, adopted in Cairo on 5 August 1990 at the
Nineteenth Islamic Conference of Foreign Ministers. Noting that all human beings form one
family whose members are descendants of Adam (with no mention of Eve), the Cairo
Declaration states, with rather deliberate ambiguity, that “all men are equal in terms of basic
human dignity and basic obligations and responsibilities” (my emphasis) without any
discrimination on the grounds of, inter alia, sex. According to article 6, “woman is equal to man
in human dignity”, but the same article also asserts that “the husband is responsible for the
maintenance and welfare of the family”. With regard to violence against women specifically, it
is to be noted that Declaration considers that only men have the “right, within the framework of
the Shari’ah, of free movement” and that it is prohibited to breach the right to safety from bodily
harm “without a Shari’ah-prescribed reason”. Similarly, the 1993 Bangkok Declaration, which
builds on the “Asian values” debate, adopts an alternative vision of rights that challenges the
universal validity of international human rights law.
41.
It is obvious that these regional normative frameworks are incoherent with the universal
framework that has legal precedence over them. More striking, however, is that such discourses
ironically serve to reinforce the encroachments stemming from orientalist thinking that they
inherently aim to counter.
C. Cultural relativism and women’s human rights
1. Difference or domination
42.
Since the inception of human rights, their universality and their validity in a given local
context have been continuously contested through relativist discourses that brand them as
external (usually Western) impositions that are incompatible with local culture. Such claims
have provided reference points for judicial systems in excusing acts of violence against women
or have helped sustain parallel justice systems that hand down severe forms of punishment to
women presumed to have transgressed social norms.
43.
In most of the developing world, the history of colonial oppression and the existence of
authoritarian political regimes as well as the economic and political polarizations between the
North and the South provide fertile ground for a cultural relativist stand that has emphasized
respect for differences between cultures vis-à-vis the discursive universalistic strategy of the
international human rights framework. Underlying this emphasis on cultural difference is a
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