A/HRC/17/26
always already constituted through the social structural relations of multiple
positionalities.”19
60.
Understanding rights as universal should in no way result in an erasure of specifics
and localities and should rather advance by re-engaging the local. The creation of false
universalisms and cultural essentialisms can be avoided using a holistic approach and
recognizing the diverse experiences of women’s oppression.
61.
There is growing consensus that human rights are interdependent and indivisible and
that it is necessary to embrace an indivisible rights framework to address interdependent
and interlocking oppressions and discriminations. In addition, social, economic, and
cultural life must be seen as the condition precedent to the meaningful exercise of civil and
political life. This is possible through recognizing the connection between civil, political,
economic, cultural and social rights, and also through challenging the hierarchy, which
privileges civil and political rights.
62.
Related to concerns about universality, interdependence and indivisibility is the
perception of tensions among certain categories of rights, in particular those related to nondiscrimination and equality, on the one hand, and religious and cultural rights, on the other.
Global experiences illustrate that religious and cultural practices are often used as
justification for inequality, discrimination, acts of violence, and the ensuing competing
rights claims that result in a violation of women’s human rights.
2.
Violence on a continuum
63.
Gender-based violence is an increasingly complex issue to tackle globally because
of the fluidity of violence itself. Violence crosses public and private domains and ranges
from intimate and interpersonal violence to structural, systematic, and institutional forms of
violence. A holistic approach to understanding violence requires violence against women to
be situated along a continuum in order to capture its varied forms and incarnations.
64.
The broad categories of interpersonal and structural violence are neither mutually
exclusive nor ranked. Rather, they anchor a continuum in which the site, scale, and actors
involved determine where the violence is located. If any violence that falls somewhere on
this continuum is either directed at women or experienced by a group that is
overwhelmingly female, then the violence constitutes discrimination against women.
65.
While ranking forms of abuse as moderate or severe is a useful categorization for
service provision (i.e. clinical and psychosocial responses within the health sector; civil or
criminal charges in the legal sector) the holistic perspective sees all forms of abuse
qualitatively impacting the economic, social, cultural and political well-being of
individuals, communities and States. Violence against women is not the root problem in
most societies; violence against women occurs because other forms of discrimination are
allowed to flourish.
66.
Situating violence along a continuum allows for an appropriate contextualizing of
violence in that the deprivation of water, food, and other human rights can be just as
egregious and debilitating as family violence. Although these forms of violence are by no
means the same, they can be viewed as parallel and similar when considering their
interrelationship. Similarly, if a woman experiences violence in her home and is then
denied security and protection by the legal system, she is encountering more than one form
of violence. Hence, the response required to ensure that women’s lives are free of violence
19
Dana Collins, Sylvanna Falcón, Sharmila Lodhia, and Molly Talcott, “New Directions in Feminism
and Human Rights,” International Feminist Journal of Politics, Vol. 12, Nos. 3-4, 2010, pp. 298-318,
see p. 309.
15
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