A/HRC/22/71
of Discrimination against Women stated that traditional attitudes by which women are
regarded as subordinate to men or as having stereotyped roles perpetuate widespread
practices involving violence or coercion, such as family violence and abuse, forced
marriage, dowry deaths, acid attacks and female circumcision. Such prejudices and
practices may thus justify gender-based violence as a form of subordination or control of
women.
41.
The Special Rapporteur on violence against women, its causes and consequences,
noted that cultural relativism is often an excuse to allow for inhumane and discriminatory
practices against women in the community, and that, “in the next century, the problem
posed by cultural relativism, and the implications for women’s rights, will be one of the
most important issues in the field of international human rights.” 56 The Committee on the
Elimination of Discrimination against Women has consistently expressed concern about the
persistence of practices, traditions, patriarchal attitudes and deep-rooted stereotypes that
perpetuate discrimination against women, and continues to express concern at States’
failure to take effective and systematic action to modify or eliminate stereotypes and
negative traditional values and practices.57 Similar analysis is reflected in paragraph 119 of
the Beijing Declaration and Platform for Action.58 In the context of the right to take part in
cultural life, the Committee on Economic, Social and Cultural Rights emphasized the
responsibility of States “to combat practices harmful to the well-being of a person or group
of persons”, including female genital mutilation and allegations of witchcraft.59
42.
It is important to note that those who challenge the social constructions of gender on
the basis of values said to be traditional, cultural or religious are particularly exposed to the
risk of violence and abuse of human rights. In a report on human rights defenders working
on gender-related issues, the Special Rapporteur on human rights defenders noted that
women defenders were more at risk of suffering certain forms of violence and other
violations, prejudice, exclusion and repudiation than their male counterparts, owing to the
fact that women defenders were perceived as challenging accepted socio-cultural norms,
traditions, perceptions and stereotypes about femininity, sexual orientation and the role and
status of women in society.60 The Special Rapporteur in the field of cultural rights stressed
that cultural rights include the right not to participate in specific traditions, customs and
practices, particularly those that infringe on human rights and dignity, and to revise and
(re)negotiate existing traditions, values or practices, regardless of their provenance.61
43.
Such violations justified by traditional, cultural or religious values are often targeted
against minority or disenfranchised groups that are not in a position to shape the dominant
discourse defining the values of the overarching society or community. In a report to the
Human Rights Council in 2011, the Special Rapporteur on the rights of indigenous peoples
observed that the master-slave relationships persisting in one country reflected the
structural inequities that result from deeply engrained discriminatory attitudes about
indigenous peoples. These attitudes appeared to have been internalized by both indigenous
56
57
58
59
60
61
E/CN.4/2002/83, para. 1.
CEDAW/C/LSO/CO/1-4, CEDAW/C/EGY/CO/7, CEDAW/C/USR/CO/7, CEDAW/C/ZAF/CO/4,
CEDAW/C/LAO/CO/7, CEDAW/C/UZB/CO/4, CEDAW/C/LBR/CO/6, CEDAW/C/PNG/CO/3,
CEDAW/C/BFA/CO/6, CEDAW/C/TUV/CO/2, CEDAW/C/TZA/CO/6, CEDAW/C/DJI/CO/1-3,
CEDAW/C/TCD/CO/1-4, CEDAW/C/CIV/CO/1-3.
See also OHCHR Fact Sheet No. 23 on harmful traditional practices affecting the health of women
and children.
E/C.12/GC/21, para. 64.
A/HRC/16/44, para. 23.
A/67/287, paras. 25 and 28.
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