A/HRC/22/24
potential role of land reform for realizing more equitable access to land, he cautioned that
in order for such measures to remedy historical exclusion of women, they have to be gender
sensitive and brought into line with women’s rights.
51.
Likewise, in his report on contract farming (A/66/262), he elaborates on how women
are excluded from benefiting from such arrangements. He observes that “even where most
of the work is in fact performed by the wife and other family members, it is not unusual for
the contract to be signed by the husband, as head of the household” (para. 21). Furthermore,
he points out that women lose control over decision-making when crops are produced for
cash rather than for local consumption, as they tend to have decision-making power over
the use of food produced for self-consumption but not over how the income of the
household is spent. Thus, he concludes that “unless the framework for contract farming
respects women’s rights and is gender sensitive, it will undermine gender equality” (ibid,).
I.
Special Rapporteur in the field of cultural rights
52.
In her fourth thematic report (A/67/287), submitted to the General Assembly at its
sixty-seventh session, the Special Rapporteur in the field of cultural rights focused on the
enjoyment of cultural rights by women on an equal basis with men (paras. 24–39). She
proposed to shift the paradigm from one that views culture as an obstacle to women’s rights
to one that seeks to ensure equal enjoyment of cultural rights.
53.
Women have the right to access, participate in and contribute to all aspects of
cultural life. This encompasses their right to actively engage in identifying and interpreting
cultural heritage and to decide which cultural traditions, values or practices are to be kept
intact, modified or discarded altogether. Throughout her report, the Special Rapporteur
underlined that cultural rights must be understood as also reflecting who in the community
holds the power to define its collective identity, and that the reality of intra-community
diversity makes it imperative to ensure that all voices within a community, including those
that represent the interests, desires and perspectives of specific groups, are heard, without
discrimination.
54.
In particular, the Special Rapporteur recommended that States address the issue of
restrictions on women wishing to undertake any form of art and self-expression, to enter
cultural heritage sites or premises, to participate in cultural events or ceremonies and to
engage in interpreting and applying particular texts, rituals or customs (para. 79).
55.
The Special Rapporteur also observed that preserving the existence and cohesion of
a specific cultural community should not be achieved to the detriment of one group within
the community, for example, women. Importantly, combating cultural practices that are
detrimental to human rights, far from jeopardizing the existence and cohesion of a specific
cultural community, stimulates discussion, which facilitates an evolution towards
embracing human rights, including in a very culturally specific way.
J.
Working Group on the issue of discrimination against women in law
and in practice
56.
In September 2010, the Human Rights Council established a Working Group on the
issue of discrimination against women in law and in practice. The Working Group’s focus
is to identify, promote and exchange views, in consultation with States and other actors, on
good practices related to the elimination of laws that discriminate against women, including
in the area of economic, social and cultural rights.
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