A/HRC/22/71
II. Concepts
A.
Traditional values of humankind
7.
There is no agreed definition of the term “traditional values of humankind”. No such
definition resulted from the discussions held by the Human Rights Council or the Advisory
Committee. To the extent that humankind in its entirety can be said to share a common set
of values, such values are those which “have made an important contribution to the
development of international human rights norms and standards”.1 As noted in the report on
the OHCHR workshop on traditional values, such values were inscribed in the Universal
Declaration of Human Rights that, having incorporated diverse, cultural and political
traditions and perspectives, “represents a common standard of achievement for all peoples
and all nations”.2
8.
The term “traditional values” has been used in regional human rights instruments;
for example, the African Charter on Human and Peoples’ Rights specifies in its article 17.3
that “the promotion and protection of morals and traditional values recognized by the
community shall be the duty of the State”.
9.
According to the Special Rapporteur on violence against women, its causes and
consequences, the core values that human rights protect and promote, including dignity,
equality and the notion of rights itself, have been articulated in an array of literatures,
religions and cultural practices of people all around the world, and became formalized into
international law through consensus decisions of representatives of States Members of the
United Nations in multilateral negotiations and advocacy of civil society groups. 3
10.
Human rights have moral universality, since human rights are held universally by all
persons “simply because one is a human being”, and international normative universality,
meaning that human rights are universally accepted by Governments through their
commitments and obligations under international human rights law. 4
11.
Nevertheless, traditions are so varied and complex that, while some traditions
comply with human rights norms and contribute to their promotion and protection, others
undermine or are in conflict with them. As seven special procedures mandate holders
underlined in a joint statement, issues of culture and tradition must be addressed within a
human rights framework:
Cultural diversity… can only thrive in an environment that safeguards fundamental
freedoms and human rights, which are universal, indivisible, interconnected and
interdependent. No one may invoke cultural diversity as an excuse to infringe on
human rights guaranteed by international law or limit their scope, nor should cultural
diversity be taken to support segregation and harmful traditional practices which, in
the name of culture, seek to sanctify differences that run counter to the universality,
indivisibility and interdependence of human rights. 5
1
2
3
4
5
4
Human Rights Council resolution 16/3, preamble.
A/HRC/16/37, para. 65 (b).
A/HRC/4/34, para. 23.
Jack Donnelly, Universal Human Rights in Theory and Practice, 2nd ed. (Ithaca and London, Cornell
University Press, 2003), p. 1.
“Human Rights are essential tools for an effective intercultural dialogue”, statement by a group of
United Nations experts on the World Day on Cultural Diversity for Dialogue and Development, 21
May 2010.
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