A/HRC/19/60/Add.1
43.
The Special Rapporteur does not see himself in a position to make a comprehensive
analysis of the complex conflict around the Pedagogical Regulating Framework, nor to give
concrete advice on how to act. However, he received the clear impression that
communication between the opposing camps had partly broken down, leading to bitterness,
mistrust and lack of mutual understanding. In this context, he regards any act of
intimidation and harassment as unacceptable, and would like to recall that the Human
Rights Council has, on many occasions, advocated for a holistic understanding of human
rights, all of which should be seen as mutually reinforcing one another. This also includes
the relationship between freedom of religion or belief and rights to be free from
discrimination on grounds like gender or sexual orientation. According to the formulation
of the Vienna Declaration and Programme of Action, agreed upon at the World Conference
on Human Rights, held in Vienna in 1993, “all human rights are universal, indivisible and
interdependent and interrelated”.7 In addition, with regard to the rights to life, health and
education, the Special Rapporteur refers to the relevant recommendations made by the
Committee on Economic, Social and Cultural Rights, 8 the Committee on the Elimination of
Discrimination against Women9 and the Special Rapporteur on the right to education.10
44.
From the above perspective, it would seem that synergies between different human
rights should always be sought, even in situations of seemingly or factually conflicting
rights claims. Obviously, this is not an easy task and there can be no guarantee of a positive
outcome. At any rate, it would be wrong to assume that there is an inherent contradiction
between freedom of religion or belief on the one hand and gender-related rights on the
other. Instead, the human right to freedom of religion or belief itself can serve as a form of
empowerment, for instance for women, to participate actively in the (re-)interpretation of
religious sources and tradition with a view to overcome traditional justifications of
patriarchal structures. On this occasion, the Special Rapporteur would like to quote the
previous mandate holder, that “it can no longer be a taboo to demand that women’s rights
take priority over intolerant beliefs that justify gender discrimination”.11
E.
Situation of indigenous peoples in Paraguay
45.
Indigenous peoples in Paraguay have a long history of suffering from
discrimination, neglect, harassment and economic exploitation. An indigenous leader of the
Chaco summarized the challenges they faced in an interview with the Permanent Forum on
Indigenous Issues in 2009:
7
8
9
10
11
A/CONF.157/24 (Part I), chap. III, part I, para. 5.
“The Committee strongly encourages the State party to take the necessary legislative steps to address
the problem of female mortality caused by clandestine abortions, and recommends that school
curricula openly address the subjects of sex education and family planning in order to help prevent
early pregnancies and the spread of sexually transmitted diseases. It also recommends that it adopt a
law on sexual and reproductive health that is compatible with the provisions of the Covenant. The
State party should also continue its efforts to reduce maternal and infant mortality.”
(E/C.12/PRY/CO/3, para. 32).
“The Committee urges the Government to strengthen the implementation of programmes and policies
aimed at providing effective access for women to health-care information and services, in particular
regarding reproductive health and affordable contraceptive methods, with the aim of preventing
clandestine abortions.” (CEDAW/C/PAR/CC/3-5, para. 33).
“In light of these conclusions, the Special Rapporteur recommends that the Government of Paraguay
should: […] (g) Include a cross-cutting gender plan in education policy in order to encourage the
introduction of sex education into the curriculum.” (A/HRC/14/25/Add.2, para. 82).
A/65/207, para. 69.
13