A/HRC/22/71
and non-indigenous segments of society to a significant extent, leading to acquiescence to
these destructive power dynamics between the stronger and weaker elements of society. 62
44. The negative impact of traditional practices arises not only in non-Western countries.
The Special Rapporteur on violence against women, its causes and consequences, warned
against mystifying and reducing non-Western culture to its symbolic, ritualized or
supposedly “traditional” manifestations.63
C.
Application of traditional values in the implementation of human rights
45.
Strategies to promote human rights and eliminate harmful practices can be more
effective if they use the positive elements of traditional values as a basis for their
arguments. Certain East Asian traditions, for example, may be effective in enhancing
respect for human rights at the regional level. If the ultimate aim of human rights
diplomacy is to persuade others of the value of human rights, then this is an argument more
likely to be won if it builds on, rather than challenges, local cultural traditions. Building
human rights practices on traditional values is more likely to lead to long-term commitment
to human rights ideas and practices through the building of ownership of those norms.64
46.
In this regard, the Special Rapporteur on violence against women acknowledged that
such an approach revalidates and harnesses the positive elements of local culture, stating
that successfully upholding universal values requires systematic engagement in a “cultural
negotiation” whereby positive cultural elements are emphasized and oppressive elements in
culture-based discourses are demystified. Contrary to what some may claim or fear, such an
engagement with culture did not erode or deform local culture, but rather challenged its
discriminatory or oppressive aspects. She added that negotiating culture with human rights
concerns contributed to harnessing the positive elements of local culture to advance human
rights and gender equality, a process that also revalidated culture itself.65
47.
While noting that, 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”, 66 the Special Rapporteur provided a
number of examples in which women’s rights activists had successfully mobilized artistic
and symbolic expressions of culture, including local women’s movements in the north of
Mexico incorporating human rights language with symbolic actions to counter a culture of
impunity and violence against women; women in France dressing as “Marianne”, the iconic
symbol of French liberation, to draw attention to gender violence; and a meeting in Cairo of
a group of Islamic scholars, who issued a set of recommendations recognizing female
genital mutilation as a “deplorable inherited custom” incompatible with their understanding
of Islamic teachings.67
48.
Human rights and traditional values may interface in various ways. The international
instruments that protect human rights and the conventions and recommendations of the
International Labour Organization have promoted social dialogue as a means to strengthen
human dignity and the freedom of workers. In this way, traditional values may be vehicles
for promoting and implementing human rights.
62
63
64
65
66
67
14
A/HRC/18/35/Add.5, para. 67.
A/HRC/4/34, para. 46.
Daniel Bell, “The East Asian Challenge to Human Rights: Reflections on an East West Dialogue”,
Human Rights Quarterly, vol. 18, August 1996.
A/HRC/4/34, paras. 52-53.
Ibid., para. 56.
Ibid., paras. 53-55.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents