WUNRN
WOMEN - TRADITIONAL VALUES - HUMAN
RIGHTS - UN REPORT
Direct Link to Full 21-Page UN Human
Rights Council Advisory Committee Report: http://www.ohchr.org/Documents/HRBodies/HRCouncil/AdvisoryCom/Session10/A.HRC.22.71_en.pdf
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B.
The negative impact of traditional values on vulnerable groups
39.
Special procedures mandate holders, treaty bodies and OHCHR have published many
works that emphasize the importance of ensuring that "traditions",
"attitudes" and "customary practices" are not elevated
above universal human rights standards.55 They highlighted the fact
that such terms are often used to justify the marginalization of minority
groups and gender-based inequalities, discrimination and violence, and that
there is a need to situate these terms within a human rights context.
40. In the report of the OHCHR workshop on
the traditional values of humankind, attention was drawn to the fact that
perceptions of what constituted "traditional values" were highly
subjective and dependent on societal power structures. It was noted that some
practices and attitudes at odds with human dignity were derived from
traditional values. Tradition is often invoked to justify maintaining the status
quo, failing to take into account the reality that traditions, cultures and
social norms have always evolved and will continue to change with time; a human
rights-based approach, by contrast, often requires changes to the status quo in
order to ensure compliance with international human rights standards. Those who
benefit most from the status quo are more likely to appeal to tradition to
maintain power and privilege, and also to speak on behalf of tradition, while
those most marginalized and disenfranchised have the most to lose from a
traditional values approach to human rights. In its general recommendation No.
19, the Committee on the Elimination A/HRC/22/71
of Discrimination against Women
stated that traditional attitudes by which women are regarded as subordinate to
men or as having stereotyped roles perpetuate widespread practices involving
violence or coercion, such as family violence and abuse, forced marriage, dowry
deaths, acid attacks and female circumcision. Such prejudices and practices may
thus justify gender-based violence as a form of subordination or control of
women.
41. The Special Rapporteur on violence
against women, its causes and consequences, noted that cultural relativism is
often an excuse to allow for inhumane and discriminatory practices against
women in the community, and that, "in the next century, the problem posed
by cultural relativism, and the implications for women’s rights, will be one of
the most important issues in the field of international human rights."56 The Committee
on the Elimination of Discrimination against Women has consistently expressed
concern about the persistence of practices, traditions, patriarchal attitudes
and deep-rooted stereotypes that perpetuate discrimination against women, and
continues to express concern at States’ failure to take effective and
systematic action to modify or eliminate stereotypes and negative traditional
values and practices.57 Similar analysis is reflected in paragraph 119 of the
Beijing Declaration and Platform for Action.58
In the context of the right to take part
in cultural life, the Committee on Economic, Social and Cultural Rights
emphasized the responsibility of States "to combat practices harmful to
the well-being of a person or group of persons", including female genital
mutilation and allegations of witchcraft.59
42. It is important to note that those who challenge the social constructions of gender on the basis of values said to be traditional, cultural or religious are particularly exposed to the risk of violence and abuse of human rights. In a report on human rights defenders working on gender-related issues, the Special Rapporteur on human rights defenders noted that women defenders were more at risk of suffering certain forms of violence and other violations, prejudice, exclusion and repudiation than their male counterparts, owing to the fact that women defenders were perceived as challenging accepted socio-cultural norms, traditions, perceptions and stereotypes about femininity, sexual orientation and the role and status of women in society.60 The Special Rapporteur in the field of cultural rights stressed that cultural rights include the right not to participate in specific traditions, customs and practices, particularly those that infringe on human rights and dignity, and to revise and (re)negotiate existing traditions, values or practices, regardless of their provenance.61
