A/HRC/22/71 criminal law, so that a kind of legal pluralism appeared to be a constructive way of dealing 51 with diverse legal systems based on different cultural values. 37. According to the American Anthropological Association, “people and groups have a generic right to realize their capacity for culture … so long as such activities do not diminish the same capacities of others.” As such, they affirm the importance of human diversity. In its Declaration on Anthropology and Human Rights, the Association also noted that it had “long been, and should continue to be, concerned whenever human difference is made the basis for a denial of basic human rights”.52 38. Explaining international human rights principles in ways that resonate in diverse cultures and traditions may assist in promoting respect for human rights. For example, during a panel discussion at the Human Rights Council on the theme “discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity”,53 the Ambassador of South Africa, as moderator of the panel, invoked the doctrine of Ubuntu: What Ubuntu essentially says is, “I am because you are”. And in that, it conveys that we are all linked in our common humanity, and therefore we have a responsibility to protect each other according to the basic principles that in fact underlie our concepts of human rights.54 B. The negative impact of traditional values on vulnerable groups 39. Special procedures mandate holders, treaty bodies and OHCHR have published many works that emphasize the importance of ensuring that “traditions”, “attitudes” and “customary practices” are not elevated above universal human rights standards. 55 They highlighted the fact that such terms are often used to justify the marginalization of minority groups and gender-based inequalities, discrimination and violence, and that there is a need to situate these terms within a human rights context. 40. In the report of the OHCHR workshop on the traditional values of humankind, attention was drawn to the fact that perceptions of what constituted “traditional values” were highly subjective and dependent on societal power structures. It was noted that some practices and attitudes at odds with human dignity were derived from traditional values. Tradition is often invoked to justify maintaining the status quo, failing to take into account the reality that traditions, cultures and social norms have always evolved and will continue to change with time; a human rights-based approach, by contrast, often requires changes to the status quo in order to ensure compliance with international human rights standards. Those who benefit most from the status quo are more likely to appeal to tradition to maintain power and privilege, and also to speak on behalf of tradition, while those most marginalized and disenfranchised have the most to lose from a traditional values approach to human rights. In its general recommendation No. 19, the Committee on the Elimination 51 52 53 54 55 12 E/CN.4/2004/80, para. 67. See www. aaanet.org. Held pursuant to Human Rights Council resolution 17/19, para. 2. See www.unmultimedia.org/tv/webcast/2012/03/panel-discussion-sexual-orientation-and-genderidentity.html. See E/CN.4/2006/61/Add.5, paras. 9, 20, 76 and 80; A/HRC/4/34, para. 47; A/HRC/18/35/Add.5, para. 67; Committee on the Elimination of Discrimination against Women, general recommendations No. 19, paras. 11 and 23, and No. 21, art. 16, paras. 21 and 22; Beijing Declaration and Platform for Action, para. 119; and OHCHR, “Harmful Traditional Practices Affecting the Health of Women and Children”, Human Rights Fact Sheet No. 23, 1995.