WUNRN
UN SPECIAL RAPPORTEUR ON FREEDOM OF
RELIGION OR BELIEF REPORT TO THE GENERAL ASSEMBLY 2013
FREEDOM OF RELIGION OR BELIEF &
EQUALITY BETWEEN MEN & WOMEN
Direct Link to Full Special
Rapporteur FRB GA 2013 Report:
A. Introduction
17. Countless
individuals are affected by human rights violations in theintersection of
freedom of religion or belief and equality between men and women. While many
such violations stem from stereotypical gender roles which are frequently also
defended in the name of religion or belief, other violations may originate from
stereotyped perceptions of individuals based on their religion or belief.
Gender stereotypes and stereotypical pictures of believers often exist in
tandem, a problem disproportionately affecting women from religious minorities.
As a result, many women suffer from multiple or intersectional discrimination
or other forms of human rights violations on the grounds of both their gender
and their religion or belief.
18.
Anti-discrimination programmes or other programmes aimed at promoting human rights
do not always adequately address the complex problems existing in the
intersection of freedom of religion or belief and women’s right to equality.
Measures undertaken to combat religious discrimination may implicitly follow a
male understanding of the needs and requirements of concerned religious
communities, while programmes aimed at eliminating discrimination against women
may lack sensitivity in questions of religious diversity. The same can happen
with human rights policies outside of the specific context of
anti-discrimination programmes. To avoid the danger of persons affected by
multiple or intersectional discrimination and related violations of their human
rights remaining excluded from activities relating to the promotion and
protection of human rights, such complex phenomena deserve systematic
attention. On the normative level, this requires a holistic approach in dealing
with the various grounds of discrimination as well as a holistic understanding
of human rights in general........
B. General observations on the role of freedom of religion or
belief in the field of equality between men and women
2. Synergies and conflicts
27.
On the phenomenological level, the question of how freedom of religion or
belief relates to gender issues does not find one general answer, but largely
depends on how people actually make use of their human rights. Obviously, the
ways in which individuals resort to their right to freedom of religion or
belief differ widely. Freedom of religion or belief is a norm to which liberals
and conservatives, feminists and traditionalists, and others, can refer in
order to promote their various and often conflicting religious or
belief-related concerns, including conflicting interests and views in the field
of religious traditions and gender issues.
28.
Freedom of religion or belief, in conjunction with freedom of expression, helps
open up religious traditions to systematic questions and debates. In discourses
on religious issues everyone should have a voice and a chance to be heard, from
adherents of conservative or traditional interpretations to liberal critics or
reform theologians. However, by also empowering groups who traditionally
experience discrimination, including women and girls, freedom of religion or
belief can serve as a normative reference point for questioning patriarchal
tendencies as they exist in different religious traditions. This can lead
to more gender-sensitive readings of religious texts and far-reaching
discoveries in this field. In virtually all traditions one can indeed find
persons or groups who make use of their freedom of religion or belief as a
positive resource for the promotion of equality between men and women, often in
conjunction with innovative interpretations of religious sources and traditions.
This accounts for the possibility of direct synergies between freedom of
religion or belief on the one hand and policies for promoting the equal rights
of women on the other. Impressive examples of initiatives undertaken by women
and men of regard actually exist and should not be underestimated.
29.
At the same time, one has to face the reality of conflicting interests in this
area. For instance, some religious community leaders have rejected
anti-discrimination stipulations imposed by the State, in which they may see an
undue infringement of their right to internal autonomy. There are also cases of
parents objecting to gender-related education programmes becoming part of the
school curriculum, since they fear this may go against their religious or moral
convictions. Dealing with such complicated conflicts requires a high degree of
empirical precision, communicative openness and normative diligence with a view
to doing justice to all human rights claims involved.
30.
Moreover, the Special Rapporteur notes with concern that such harmful practices
as female genital mutilation, forced marriage, honour killings, enforced ritual
prostitution or denying girls their rights to education are defended in the
name of religious traditions. Such defence is frequently controversial within
the various religious communities themselves, and many followers of the
respective communities (possibly their overwhelming majority) may be heavily
opposed to such practices and also voice their opposition publicly. If those
still performing harmful practices try to invoke religious freedom for their
actions, this must become a case for restricting the freedom to manifest one’s
religion or belief. The Special Rapporteur would like to reiterate what his
predecessor pointed out in her final report to the General Assembly: “The
Special Rapporteur strongly believes that the mandate needs to continue
highlighting discriminatory practices that women have had to suffer over
centuries and continue to do so, sometimes in the name of religion or within
their religious community. It can no longer be taboo to demand that women’s
rights take priority over intolerant beliefs used to justify gender
discrimination.” (see A/65/207, para. 69). The current mandate holder fully shares the
assessment formulated by his predecessor. Indeed, as a human right, freedom
of religion or belief can never serve as a justification for violations
of the human rights of women and girls........
C. Typological analysis
of challenges in the intersection of freedom of religion or belief and equality
between men and women
1. Addressing religious
stereotypes in conjunction with gender stereotypes
39. Deeply rooted cultural
patterns of expected conduct of men and women are frequently interwoven with
religious norms and practices. In many cases they even claim a direct religious
justification. The previous mandate holder stressed that in many countries
“gender discrimination is in fact founded on cultural and/or religious
practices” and that a large number of reservations to the Convention on the
Elimination of All Forms of Discrimination Against Women “have been made by
States on exclusively religious grounds referring to a perception of society
and the law in relation to women’s personal status” (see E/CN.4/2002/73/Add.2, para. 58).
40. When dealing with this
problem, one should take into account that the relationship between culture and
religion in general shows manifold facets both between and within religious
traditions. This topic is typically also controversial within religious
communities themselves. While some members of a religious community may
appreciate broad overlaps between religion and culture as something quite
natural, others may fear that the specific profile of religious messages and
norms becomes unrecognizable if religion and culture are simply amalgamated.
Moreover, using a conceptual distinction between religion and culture has
become one of the most important methodological tools for reformers, including
feminist theologians, operating within different religious or belief contexts
with the purpose of redefining the boundaries of religion and culture. It also
plays a crucial role in projects of distinguishing core elements of religious
messages and norms from traditional cultural practices, with a view to promoting
women’s human rights within their religious communities. For any analysis of
conflicts between religious traditions and the human rights principle of
equality between men and women it remains utterly important to bear in mind
that religion and culture, albeit interwoven in manifold ways, are not
identical and that their relationship can be exposed to critical questions and
reform agendas, often based on initiatives that originate from the midst of
religious communities themselves.
41. Unsurprisingly, State
policies for eliminating deeply rooted gender stereotypes frequently come into
conflict with persons, organizations or institutions that defend existing
hierarchies between men and women. In situations in which such patterns are
perceived as being based on religious prescriptions, this also frequently leads
to conflicts with representatives and members of religious communities. There
are in fact numerous examples of religious leaders opposing gender-related
anti-discrimination policies. Although such opposition may mobilize parts of
religious communities against anti-discrimination programmes, there may be
other currents within the same communities who hold more moderate views or are
openly supportive of broad anti-discrimination programmes. Taking interreligious
and intrareligious pluralism into account is of paramount importance when
dealing with conflicts in this field in order to find appropriate solutions and
to do justice to the human beings involved in such conflicts........