A/HRC/38/46
discrimination in family, cultural and sexual and reproductive rights, there will be no lasting
progress in the other fields.
3.
Strengthening the system to better promote and protect women’s rights in a
comprehensive manner
44.
In its resolution 35/18, the Human Rights Council expressed profound concern about
the backlash against the progress made by civil society to fulfil women’s human rights.
Throughout its mandate, the Working Group has witnessed the resurgence of a very
conservative and retrogressive narrative in international forums and at the national level, and
attempts to reinstate policies or legislation that are harmful to women. Such laws or policies
particularly affect women’s enjoyment of their right to equality in the family and their rights
to health and autonomous decision-making.
45.
As reported in a study on the impact of conservative actors in the international arena,
there have been concerted efforts to water down existing agreements and commitments and
to introduce regressive language in international human rights documents. There have also
been attempts to undermine United Nations agencies, treaty monitoring bodies and special
procedures. Anti-rights actors’ discourses and strategies have led to deadlock in negotiations
and had a substantive impact on the human rights framework and the progressive
interpretation of human rights standards, especially those relating to gender equality and
sexuality.30
46.
Furthermore, the Working Group has observed that the women’s human rights agenda
is significantly fragmented. The selective prioritization of the less controversial issues means
that gender equality is not addressed in a comprehensive manner, neglecting the
interdependence and indivisibility of women’s human rights. The Working Group recognizes
the considerable progress made in terms of mainstreaming gender within the United Nations
system. However, the impact of such efforts will remain insufficient as long as the United
Nations system shies away from addressing the nuclei of resistance that are negatively
affecting women’s rights.
47.
The Working Group concurs with the Special Rapporteur on cultural rights, who
emphasized that all such anti-rights trends, whether on the part of States or non-State actors,
at the international or national levels, must be met with a vigorous international human rightsbased challenge, which must centre women’s human rights (see A/72/155, para. 3). In this
context of backlashes, devoting adequate resources to mechanisms working to achieve
women’s human rights is crucial. So too is enhancing communication and collaboration
between all stakeholders and avoiding any inconsistency within the system.
48.
At a time when the world should be moving relentlessly forward towards ever greater
equality and the elimination of discrimination, women’s rights activists find themselves far
too often confronted by those who would use the specious justifications of tradition, culture,
religion or State sovereignty to keep women from taking their rightful place in society and
family as equals, or from exercising full control over their bodies and their personhood.
Despite the principle, upheld in the Vienna Declaration and Programme of Action, that
human rights are universal, indivisible and interdependent, the Working Group has observed
efforts by conservative actors and fundamentalist groups to undermine the foundation on
which the whole human rights system is based. The Working Group insists that global
leadership, including international human rights bodies, States, United Nations entities and
civil society, needs to guard against the backlash, to ensure that the human rights legal
framework is not undermined. The Working Group considers that the time has come to
review with a critical lens the unfulfilled commitments made to women and to take corrective
action.
30
See www.awid.org/ours-report.
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