A/HRC/22/71
49.
Many States have taken positive steps to adopt laws based on traditional and
religious values in order to introduce changes in conformity with international human rights
standards. In Egypt, the women’s movement succeeded in having a law passed in 2000
giving women the right to unilaterally terminate their marriage contracts by repudiation,
based on the right to khul, a sharia law concept, thus achieving equality with men, who held
the right to unilaterally terminate marriage contracts by divorce. The law, which respects
women’s dignity, has been subject to extensive judicial and constitutional challenges, and
recently to parliamentary attempts to drop it. Nevertheless, it has remained in force and is
helping to promote equality primarily because it is based on the traditional values admitted
by sharia law.68
50.
Even though the “traditional” mindset is still one of the key obstacles to combat
discrimination against Dalits,69 the Governments of India, Nepal and Sri Lanka have taken
several steps to prohibit the practice of untouchability; for example, the Constitution of
India has special provisions that are directed at the practice of caste discrimination, and the
Government has passed several laws, including the Protection of Civil Rights (AntiUntouchability) Act.70
51.
The above positive examples of using local culture and tradition to promote respect
for human rights and to eliminate harmful practices and prejudice illustrate the role that
traditional values supporting and underpinning international standards may play in the
promotion and protection of human rights.
IV. Promotion and protection of human rights through
traditional values
A.
Role of human rights education through traditional values
52.
Treaty bodies have repeatedly emphasized the importance of human rights education
as a means to implement human rights. In its general comment No. 3, the Committee on
Economic, Social and Cultural Rights stated that educational measures were among the
steps that States should take to meet their obligation to implement the rights in the
Covenant. Similarly, the Human Rights Committee, in its general comment No. 28, stated
that measures by States to achieve equal rights between men and women must include
public education.
53.
In resolution 49/184, in which the General Assembly proclaimed the United Nations
Decade for Human Rights Education, the Assembly noted that education for human rights
and democracy was itself a human right and a prerequisite for the realization of human
rights, democracy and social justice. Furthermore, in the United Nations Declaration on
Human Rights Education and Training, the Assembly declared that everyone has the right
to know, seek and receive information about all human rights and fundamental freedoms
and should have access to human rights education and training.71
54.
Article 29 of the Convention on the Rights of the Child provides that goals of
education include respect for human rights, peace, tolerance and equality, as well as respect
68
69
70
71
Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 38 (A/56/38), para.
323.
CERD/C/452/Add.2.
E/CN.4/Sub.2/2001/16, para. 22 (a).
General Assembly resolution 66/137, annex, art. 1.
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