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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.
B.
Cooperation with United Nations human rights mechanisms and
the specialized agencies of the United Nations
148. Cooperation with United Nations human rights mechanisms has since creation
of the mandate of course primarily and logically involved both the thematic and
geographical special procedures mechanisms. Such cooperation comprises
consultations and exchange of information and expertise for the elaboration and
submission of communications, as well as for the preparation and conduct of
missions. It has been institutionalized through annual meetings of special
rapporteurs in Geneva and is also usually of an informal and ad-hoc nature. With
regard to the treaty monitoring bodies, the jurisprudence of the Human Rights
Committee concerning freedom of religion and belief and its manifestations has
always been a source and point of reference for the activities of the mandate.
Cooperation is also under way with the Committee on the Elimination of
Discrimination against Women (see section IV.A), and with the Committee on the
Rights of the Child and the Committee on the Elimination of Racial Discrimination,
these three committees being concerned with the freedom of religion and belief. The
joint meeting of special rapporteurs and representatives of treaty monitoring bodies
held in Geneva on 21 June 2001 provided a further opportunity for strengthening
and broadening such cooperation.
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