A/72/155
requiring States to ensure women’s freedom to participate in social, economic and
political life. 57 The Committee on the Elimination of Discrimination against Women
and the Committee on Economic, Social and Cultural Rights have found that
denying women and girls contraception or abortion services, or forcing girls into
early marriage, denies them the right to control their fertility and se xuality, which
affects their full enjoyment of their economic, social and cultural rights, including
access to education, on an equal basis with men. 58
71. In examining, as part of the inquiry procedure under article 8 of the Optional
Protocol to the Convention on the Elimination of All Forms of Discrimination
against Women, the impact of Executive Order No. 003 in Manila, which banned
funding for modern contraceptives and discouraged, inter alia, the use of condoms
based on an interpretation of Catholicism, the Committee on the Elimination of
Discrimination against Women found the situation “particularly egregious as a result
of an official and deliberate policy that places a certain ideology above the well being of women”, 59 and that it contributed to gender stereotypes.
72. Across Latin America, fundamentalist and conservative civil society groups
have often allied with fundamentalist churches to oppose sexual and reproductive
rights, including by spreading false information concerning scientific knowledge in
the field of reproductive health. 60 According to experts, Sinhala-Buddhist extremist
organizations in Sri Lanka, “whose activities have been unchecked and even tacitly
endorsed by the state, have valorized fertility of Sinhala women while demonizing
the fertility of Muslim women”. 61 Across regions, fundamentalists and extremists
promote cultural stigmatizing of women for exercising and advocating for sexual
and reproductive rights, creating a culture of shame rather than equality. 62
3.
Imposition of “modest” dress codes
73. Through the imposition of “modest” dress codes, fundamentalist groups
promote the idea that women are limited to a stereotypical, subordinated position in
society and limited in their bodily autonomy, cultural choices and ability to do such
things as ride bicycles or play sports. They further promote a culture of shame about
women’s bodies. The required garments or practices usually conceal the female
form — whether Hindu purdah restrictions and bans by some Hindu fundamentalists
on wearing trousers, or the long skirts, head coverings or wigs worn by some
Orthodox Jewish women, or the veils and headscarves worn by some Muslim
women, or others. Women in the sect within the Mormon faith known as the
“Fundamentalist Church of Jesus Christ of Latter-Day Saints” are required to wear
long dresses and an undergarment that covers the skin from neck to ankles. 63
74. Some women’s rights experts argue that many of the world’s great religions
often use modesty and segregation to exclude women from public space. 64 Hence,
__________________
57
58
59
60
61
62
63
64
16/23
A/67/287, para. 37.
Committee on the Elimination of Discrimination against Women, general recommendation
No. 21 (1994) on equality in marriage and family relations, paras.21 and 22; HRI/GEN/1/Rev.9
(Vol. II); E/C.12/KEN/CO/2-5, para. 54.
CEDAW/C/OP.8/PHL/1, para. 48.
Confidential submission from a federation of Latin American organizations.
Chulani Kodikara, “State racism and sexism in post-war Sri Lanka”, Open Democracy,
10 November 2014.
Examples are given in the submission from the Permanent Mission of Honduras.
Christine Brouwer, “Polygamy garb born of rules”, ABC News, 17 April 2008.
Frances Raday, “Modesty disrobed: gendered modesty rules under the monotheistic religions ”, in
Marie A. Failinger, Elizabeth R. Schiltz and Susan J. Stabile, eds., Feminism, Law and
Religion(Farnham, United Kingdom, Ashgate Publishing, 2016), p p. 283-307.
17-12043