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Women |
ICCPR
Art. 5 (1) : “Nothing in the present Covenant may be
interpreted as implying for any State, group or person any
right to engage in any activity or perform any act aimed at
the destruction of any of the rights and freedoms recognized
herein or at their limitation to a greater extent than is
provided for in the present Covenant.”
Art. 18 (3) : “Freedom to manifest one's religion or
beliefs may be subject only to such limitations as are
prescribed by law and are necessary to protect public safety,
order, health, or morals or the fundamental rights and
freedoms of others.”
CEDAW
Art. 2 : “States Parties condemn discrimination against
women in all its forms, agree to pursue by all appropriate
means and without delay a policy of eliminating discrimination
against women and, to this end, undertake:
(a) To embody the principle of the equality of men and
women in their national constitutions or other appropriate
legislation if not yet incorporated therein and to ensure,
through law and other appropriate means, the practical
realization of this principle;
(b) To adopt appropriate legislative and other measures,
including sanctions where appropriate, prohibiting all
discrimination against women;
(c) To establish legal protection of the rights of women on
an equal basis with men and to ensure through competent
national tribunals and other public institutions the effective
protection of women against any act of discrimination;
(d) To refrain from engaging in any act or practice of
discrimination against women and to ensure that public
authorities and institutions shall act in conformity with this
obligation;
(e) To take all appropriate measures to eliminate
discrimination against women by any person, organization or
enterprise;
(f) To take all appropriate measures, including
legislation, to modify or abolish existing laws, regulations,
customs and practices which constitute discrimination against
women;
(g) To repeal all national penal provisions which
constitute discrimination against women.”
Art. 3 : “States Parties shall take in all fields, in
particular in the political, social, economic and cultural
fields, all appropriate measures, including legislation, to
ensure the full development and advancement of women, for the
purpose of guaranteeing them the exercise and enjoyment of
human rights and fundamental freedoms on a basis of equality
with men.”
ICESCR
Art. 2 (2) : “The States Parties to the present Covenant
undertake to guarantee that the rights enunciated in the
present Covenant will be exercised without discrimination of
any kind as to race, colour, sex, language, religion,
political or other opinion, national or social origin,
property, birth or other status.”
1981 Declaration of the General Assembly
Art. 8 : “Nothing in the present Declaration shall be
construed as restricting or derogating from any right defined
in the UDHR and the Covenants;”.
Commission on Human Rights resolution 2005/40
5.b : In which the Commission on Human Rights invites the
Special Rapporteur to address situations of violence and
discrimination that affect many women as a result of religion
or belief.
14 : The Commission on Human Rights, “Stresses the need for
the Special Rapporteur to continue to apply a gender
perspective, inter alia through the identification of
gender specific abuses, in the reporting process, including in
information collection and in recommendations;”.
Human Rights Committee general comment 28
Para . 13 : “States parties should provide information on
any specific regulation of clothing to be worn by women in
public. The Committee stresses that such regulations may
involve a violation of a number of rights guaranteed by the
Covenant, such as: article 26, on non-discrimination;
article 7, if corporal punishment is imposed in order to
enforce such a regulation; article 9, when failure to comply
with the regulation is punished by arrest; article 12, if
liberty of movement is subject to such a constraint; article
17, which guarantees all persons the right to privacy without
arbitrary or unlawful interference; articles 18 and 19, when
women are subjected to clothing requirements that are not in
keeping with their religion or their right of self-expression;
and, lastly, article 27, when the clothing requirements
conflict with the culture to which the woman can lay a claim.”
Para . 19 : “The right of everyone under article 16 to be
recognized everywhere as a person before the law is
particularly pertinent for women, who often see it curtailed
by reason of sex or marital status. This right implies that
the capacity of women to own property, to enter into a
contract or to exercise other civil rights may not be
restricted on the basis of marital status or any other
discriminatory ground. It also implies that women may not be
treated as objects to be given, together with the property of
the deceased husband, to his family. States must provide
information on laws or practices that prevent women from being
treated or from functioning as full legal persons and the
measures taken to eradicate laws or practices that allow such
treatment.”
Para . 21 : “States parties must take measures to ensure
that freedom of thought, conscience and religion, and the
freedom to adopt the religion or belief of one's choice -
including the freedom to change religion or belief and to
express one's religion or belief - will be guaranteed and
protected in law and in practice for both men and women, on
the same terms and without discrimination. These freedoms,
protected by article 18, must not be subject to restrictions
other than those authorized by the Covenant and must not be
constrained by, inter alia, rules requiring permission from
third parties, or by interference from fathers, husbands,
brothers or others. Article 18 may not be relied upon to
justify discrimination against women by reference to freedom
of thought, conscience and religion; States parties should
therefore provide information on the status of women as
regards their freedom of thought, conscience and religion, and
indicate what steps they have taken or intend to take both to
eliminate and prevent infringements of these freedoms in
respect of women and to protect their right not to be
discriminated against.”
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[Go
back to the Framework for communications]
Excerpts of relevant paragraphs of 20 years
mandate reporting practice (1986-2006)
E/CN.4/2002/73/Add.2
Thematic study entitled “Étude sur la liberté de religion ou de
conviction et la condition de la femme au regard de la religion et
des traditions”: Full text in French
A/56/253, paras. 139-147:
“Follow-up to resolutions on women
139. The Commission on Human Rights and the General Assembly have
always accorded special attention to the situation of women with
regard to religion in their resolutions governing the mandate on the
freedom of religion and belief. Accordingly, the resolutions have
condemned practices which violate women's rights and constitute
discrimination, with some resolutions emphasizing the harmful role
played in that regard by religious extremism. Resolutions have also
echoed the Vienna World Conference on Human Rights in its call upon
all Governments to take all appropriate measures in compliance with
their international obligations and with due regard to their
respective legal systems to counter intolerance and related violence
based on religion or belief, including practices of discrimination
against women.
140. Since 1996, the Commission in its resolutions on the mandate
on the freedom of religion and belief has furthermore emphasized
that the Special Rapporteur should incorporate a gender perspective
in the preparation of reports, including in data collection and the
formulation of recommendations, and highlight genderspecific
violations. Resolutions not specific to the mandate have also
requested all special procedures to adopt a similar approach, for
example, Commission on Human Rights resolution 2001/50 of 24 April
2001, on integrating the human rights of women throughout the United
Nations system.
141. Accordingly, in the framework of his general reports, the
Special Rapporteur, in his review of communications, has created a
category devoted to violations against women. The status of women
with regard to religion has clearly, however, been an ongoing
concern of the Special Rapporteur since the creation of the mandate
in 1988, as demonstrated both in communications concerning cases or
situations involving intolerance or discrimination against women,
and in mission reports (through the examination of legislation,
policies affecting women, a review of their situation, and the
formulation of recommendations (see above, section II.A)). The
Special Rapporteur also appeared before the Committee on the
Elimination of Discrimination against Women in February 1998 to
outline his approach to the status of women with regard to religion
and to engage in an exchange of views. He also focused on this
vulnerable group in the context of the international consultative
conference on school education in relation to freedom of religion
and belief, tolerance and non-discrimination in Madrid (see section
III.A).
142. In the two studies submitted to the World Conference against
Racism (see section III.A), the Special Rapporteur focused on the
status of women. The Special Rapporteur will also submit to the
Commission on Human Rights at its next session a study on freedom of
religion or belief and the status of women with regard to religion
and traditions — currently being edited.
143. In the study, the Special Rapporteur explains that norms
inherited from our ancestors and our past tend in all religions to
discriminate against women. As one author Katarina Tomaševski points
out, we tend to label such norms as “part of the culture” and to
accept their discriminatory aspects. When practices or norms that
are discriminatory against women are based on or imputed to religion
this excuse is considered exculpatory for in such cases there can be
no discussion. From the point of view of the victims of such
discrimination, however, our behaviour may not appear quite as
respectable as we might wish.
144. This study reveals that there are many cultural practices —
some similar or comparable, some different — to be found among
several peoples having many diverse religious traditions. A number
of these practices are contrary to religious teaching. Many
religions have combated cultural practices which undermine the
status of women. They have managed either to abolish such practices,
or to indicate the path to be followed, by limiting abuses,
regulating some and tolerating others, but always taking into
account constraints and resistance to change in various societies,
localities and eras. In order to take account of this process that
is driven and initiated by religions, and also interrelationships
between cultures and religions and, consequently, the requirement of
the universality of the rights of women, the responsibility of
States and the international community is vital.
145. Any policy must take the cultural dimension into account; it
is possible to modify negative cultural practices, regardless of
whether or not they have a religious basis, without undermining the
cultural specificities of peoples or the requirement of universality
of human rights. However, it must always be borne in mind that the
task is complicated by the fact that it is not merely a question of
combating laws, regulations and policies, but also of combating
cultural practices that are rooted in collective memory and in the
deep ancestral beliefs of people, including women themselves, and
that, sometimes these harmful practices, although often contrary to
religions, are perpetuated in the name of religion, or imputed to
religion.
146. Not all traditions are equally valid, and those which run
counter to human rights must be combated. It is essential to
distinguish between tolerance, which is necessary, and blind
acceptance of customs which may involve degrading treatment or
blatant violations of human rights. In order to ensure that freedom
of religion does not undermine women's rights, it is vital that the
right to difference which that freedom implies should not be
interpreted as a right to indifference to the status of women. As
Eleanor Roosevelt said, “Where, after all, do human rights begin? In
small places, close to home”.
147. Lastly, the Special Rapporteur reiterates his recommendation
that all relevant United Nations mechanisms should formulate and
adopt a plan of action to combat discrimination against women
imputed to religions and traditions.”
E/CN.4/2004/63, paras. 138-141:
“138. Since 1996, the Commission has requested in its resolutions
on freedom of religion or belief that the Special Rapporteur should,
in preparing his reports, take women into consideration and bring
out gender-specific abuses. The Special Rapporteur has accordingly
introduced a category into his general reports, in the section on
the analysis of communications, on violations affecting women.
139. The Special Rapporteur also addressed the Committee on the
Elimination of Discrimination against Women in February 1998 in
order to set out his approach to the situation of women with
reference to religion and to initiate exchanges of views; he gave
particular attention to this vulnerable group in the context of the
International Consultative Conference on School Education in
Relation to Freedom of Religion or Belief, Tolerance and
Non-Discrimination. In the two studies he submitted to the
Preparatory Committee of the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance, the Special
Rapporteur also drew attention to the situation of women.
140. Lastly, at the fifty-eighth session of the Commission, the
Special Rapporteur submitted a study on freedom of religion or
belief and the situation of women vis-ŕ-vis religion and traditions
(E/CN.4/2002/73/Add.2).
141. The Special Rapporteur has on several occasions recommended
that the relevant United Nations mechanisms as a whole should
prepare an action plan to deal with discrimination affecting women
that can be imputed to religions and traditions.”
A/HRC/4/21, paras. 34-39:
“A. Vulnerable situation of women
34. Since 1996, the Commission on Human Rights has persistently
stressed in its resolutions the need for the Special Rapporteur to
apply a gender perspective, inter alia, through the identification
of gender-specific abuses in the reporting process, including in
information collection and recommendations. Although some countries
initially have been reluctant to see the nexus between the
discrimination of women and the mandate of the Special Rapporteur on
freedom of religion or belief, it is now accepted that the
mandate-holder will raise cases or highlight situations that relate
to the status of women. Furthermore, resolution 2005/40 of the
Commission on Human Rights explicitly invited the Special Rapporteur
to address “the situations of violations and discrimination that
affect many women as a result of religion or belief”.
35. The Special Rapporteur regularly sends joint urgent appeals
and allegation letters on this issue together with other special
procedures holders, such as the Special Rapporteur on violence
against women, its causes and consequences as well as the Special
Rapporteur on trafficking in persons, especially women and children.
The above-mentioned framework for communications contains a
subcategory devoted to the vulnerable situation of women. This
subcategory details the applicable international human rights
standards, e.g. articles 2 and 3 of the Convention on the
Elimination of All Forms of Discrimination against Women and Human
Rights Committee general comment No. 28 (2000) on the equality of
rights between men and women.
36. In practice, intolerance and discrimination is often applied
with regard to multiple identities of the victim or group of
victims. Many of the Special Rapporteur's communications and urgent
appeals concern cases where women suffer from aggravated
discrimination with regard to their religious, ethnic and sexual
identities. Women in many countries appear to be victims of double
or triple forms of aggravated discrimination, owing to serious
restrictions in the areas of education and employment. Citizenship
laws in a number of countries discriminate against women and their
children because these regulations stipulate that mothers have fewer
rights than fathers to transmit nationality. Denying girls and women
the right to wear religious symbols when they freely choose to do so
may pose a problem in terms of international human rights law as
well as does the forcible imposition of religious dress codes.
Discrimination and practices that are harmful to the health of women
and girls are also applied within their religious communities for
reasons of religious traditions or those ascribed to religion.
Furthermore, there have been reports of arrests, flogging, forced
conversion and even murders targeted specifically at women in the
context of intolerance based on religion or belief. Female members
of minority religions also tend to be prone to become victims of
rape and violence stirred up by organized groups.
37. The freedom of religion or belief is a fundamental human
right of a non-derogable character which can be limited only under
restricted conditions. Nevertheless, this right, like other human
rights, cannot be used to justify the violation of other human
rights and freedoms. That clause is, inter alia, provided by article
5 (1) of the International Covenant on Civil and Political Rights
and may, in certain cases, address situations of abuses committed in
the name of religion. The Human Rights Committee in its general
comment No. 28 states that “Article 18 [of the ICCPR] may not be
relied upon to justify discrimination against women by reference to
freedom of thought, conscience and religion; States parties should
therefore provide information on the status of women as regards
their freedom of thought, conscience and religion, and indicate what
steps they have taken or intend to take both to eliminate and
prevent infringements of these freedoms in respect of women and to
protect their right not to be discriminated against.” (para. 21)
38. The States' capacity and willingness to guarantee and protect
de jure and de facto freedom of religion of all individuals within
its jurisdiction is often the key to developing an appropriate
framework for the protection of all human rights, including women's
rights. It ensures that individuals can express themselves fully and
dissent, even within their own religion; or, indeed, that they can
choose not to have any religion at all. No right should be protected
at the expense of others. Measures adopted to protect women's
rights, the right to freedom of religion or belief and other human
rights should take into account all individuals in society. The
Special Rapporteur would like to reiterate the importance of
ensuring that the right to freedom of religion or belief adds to the
values of human rights and does not unintentionally become an
instrument for undermining freedoms. In this regard she welcomes
recent statements and conference recommendations [See the
recommendations of the international conference of scholars
concerning a ban on abuse of the female body which was held 22-23
November 2006 at Al-Azhar University in Cairo, Egypt (available
online at: http://www.target-human-rights.com/HP
00_aktuelles/alAzharKonferenz/index.php?p=beschluss&lang=en).
For a discussion of female genital mutilation see Amor's thematic
study on freedom of religion or belief and the status of women from
the viewpoint of religion and traditions (E/CN.4/2002/73/Add.2,
paras. 104-110).] which clarify religious views on female genital
mutilation.
39. In 2002, the previous mandate-holder presented his thematic
study entitled “Étude sur la liberté de religion ou de conviction et
la condition de la femme au regard de la religion et des traditions”
to the Commission on Human Rights (E/CN.4/2002/73/Add.2). It lists
the different types of discrimination against women, such as
practices that are harmful to the health of women, discrimination
against women within the family, attacks on the right to life,
honour killings, and attacks on their dignity, such as restrictions
on the education of women or their exclusion from certain functions.
The document is so far only available in the original French
language version and the Special Rapporteur would like to reiterate
the request by the Commission on Human Rights in resolution 2004/36
that “from existing available resources and if necessary
supplemented by voluntary contributions, the [study should] be
translated into the other official languages of the United Nations
and published as an official document”.”
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