A/72/155 the concept of modesty is not gender-neutral — it is “gendered modesty”. 65 Fundamentalist movements exacerbate this tendency. All of these implications for women’s human rights are lost in a world — including parts of the field of international human rights — that increasingly normalizes such “modest” dress codes as merely a cultural practice. Young women often are taught to think this is how women have always dressed. 75. Such garments are often imposed by threats, violence, indoctrination or stigma. Consider the fatwa issued by the all-male European Council of Fatwas and Research regarding the duty of Muslim women and girls in Europe to cover their heads: Thus, by her dress, she presents herself as a serious and honest woman who is neither a seductress nor a temptress, who does no wrong … by any movement of her body… 66 76. Women who violate these dress codes are subject to threats and punishment by State and non-State actors, in violation of international law, in many contexts. Iranian law makes it a crime punishable by imprisonment and fine to not wear the hijab. Every year thousands of Iranian women are reprimanded, arrested or prosecuted for this “crime”. 67 Article 152 of the Sudanese Criminal Act (1991) makes violations of dress codes punishable by whipping, a punishment to which thousands of women have been subjected. 68 In December 2016, police in Saudi Arabia even arrested a woman for posting photos on social media showing herself without a headscarf in public places. 69 In Mali, during the 2012 jihadist occupation of the north, fundamentalists required women to wear black veils and loose -fitting clothing, or risk whipping and imprisonment. 70 In India, reports suggest incidents of “moral policing” involving targeting of women and girls by vigilante groups, using force and violence to regulate, inter alia, the dress of women and girls. 71 77. Some restrictive garments are said in certain instances to represent a freely chosen personal conviction that such “modesty” is required by the teachings of a particular religion. If so, this is a choice of a particular interpretation of any faith, and one which is relentlessly promoted by fundamentalists. One must respect the agency of adults. However, women’s dress may be heavily impacted by discrimination against women and fundamentalist propaganda, especially in the mass media and sermons. States must ensure that women are free from such coercion. 78. Beliefs about the imperative to cover may have implications for women who do not cover. They are seen by some as not identifying with their ethnic or religious group, or as not expressing their religious beliefs as required by certain interpretations, and thus may be labelled “bad” believers or non-believers, or considered “shameful”. In particular environments, this may yield a range of consequences, including threats, violence and death. __________________ 65 66 67 68 69 70 71 17-12043 Ibid. Conseil Européen des Fatwas et de la Recherche, fatwa No. 6, in Recueil de Fatwas, Série No. 1, Avis Juridiques Concernant les Musulmans d’Europe 7, 2002. Justice for Iran, “Thirty-five years of forced hijab: the widespread and systematic violation of women’s rights in Iran”, March 2014. Human Rights Watch, “Sudan: end lashing, reform public order rules: arrest of women’s rights activists, flogging of woman violate basic rights”, 15 December 2010. Submission from Saudi NGOs. “Out with colour: Islamists force Timbuktu women to wear black veils ”, France 24, 24 September 2012. Confidential submission from Indian civil society. 17/23