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).
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