A/HRC/16/37
while undoing the violation, remained loyal to the social relations existing in that particular
society. Changes that added to the existing arrangements stood a far better chance of being
supported and carried out by the community than those that were enforced top-down.
50.
Lastly, Mr. Zwart announced the creation of a network on traditional values and
human rights, comprising academic institutions, civil society organizations and other
stakeholders, with the aim of exploring the relationship between traditional values and
human rights and suggesting ideas and concepts that could lead to cross-fertilization
between them.
51.
The Special Rapporteur on violence against women, its causes and consequences,
Rashida Manjoo, offered an overview on how her mandate had addressed the issue of the
intersections between traditional and cultural practices and violence against women. The
mandate had produced two thematic reports dedicated to this issue, specifically on cultural
practices in the family that are violent towards women and intersections between culture
and violence against women, and had also addressed it in other reports and communications
to Governments.
52.
The Special Rapporteur stated that, despite the clear provisions in many human
rights instruments, the persistence of practices justified in the name of culture, which
violated women’s human rights and were contrary to human dignity, was the norm.
Widespread impunity was explained by the fact that, in the past, neither the Governments
concerned nor the international community challenged the implications of practices that
violated the rights to health, life, dignity and personal integrity. These were sometimes
regarded as sensitive cultural issues falling within the private sphere of women and the
family and thus not the business of the State.
53.
In order to counter and transform culture-based discourses that hindered the
implementation of women’s human rights, it was necessary to (a) interrogate culture as
historically constructed and representing diverse positions and interests; (b) apply a
political-economy perspective to understanding cultural practices; and (c) approach all
forms of violence against women as a continuum and intersectional with other forms of
inequality. This required ensuring that diverse women’s voices within specific communities
were heard, and that the claim for a right to a life free from all forms of violence was not
sacrificed in the name of culture.
54.
The mandate had documented a number of culturally derived forms of violence
against women within the family. Such practices included early and forced marriages, son
preference, honour killings, female genital mutilation and practices that violated women’s
sexual and reproductive rights. It had also explored the linkages between certain harmful
practices and the contraction and transmission of HIV/AIDS.
55.
The mandate had distinguished between practices that amounted to torture from
those that amounted to discrimination. Cultural practices that involved pain and suffering
and violation of physical integrity could amount to torture under international law. With
regard to discriminatory practices such as unequal family law systems, the mandate had
advocated for a range of approaches adopted by different countries to respond to the
diversity of contexts, which should ultimately aim at changes in attitude so that social
transformation could be led by the community itself.
56.
The Special Rapporteur’s next thematic report to be submitted to the Human Rights
Council would be devoted to the topic of intersectional and multiple forms of
discrimination in the context of violence against women. In the report, she would address,
among others, the way in which oppressive practices towards women in the name of culture
intersected with other forms of discrimination and contributed to the continuum of violence
that women experienced.
12
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