A/72/155
complements them in the present report with some additional standards concerning
the cultural rights of women.
42. Women’s equality in the enjoyment of all human rights is central to the
International Bill of Human Rights, as well as to the Convention on the Elimination
of All Forms of Discrimination against Women, and to regional standards.
Non-discrimination, including on the basis of sex, is guaranteed by the Ch arter of
the United Nations and is a touchstone of the United Nations system.
43. Depending on the specific manifestation, fundamentalist and extremist
ideologies and the actions they incite may give rise to violations of a broad range of
women’s human rights. Those rights include the rights to equality and
non-discrimination, life, liberty, bodily integrity, freedom from torture, privacy,
freedom of opinion, peaceful assembly and association, the right to take part in
cultural life, to scientific and artistic freedom, free consent in marriage, sexual and
reproductive rights, the rights to health, education, political participation, freedom
from slavery and slavery-like practices, work, freedom of expression, and freedom
of thought, conscience and religion.
44. In the most extreme cases, the full spectrum of human rights may be violated,
and specific violent practices of fundamentalist and extremist groups may constitute
acts of terrorism and/or international crimes, including crimes against humanity,
genocide, war crimes or other violations of international humanitarian law. It is in
the context of this broader, systematic threat to so many human rights that the grave
effects of fundamentalism and extremism on the cultural rights of women must be
seen.
45. The Special Rapporteur stresses the State’s obligations to respect human rights
and to protect them from acts by non-State actors, including fundamentalist and
extremist groups. The Committee on the Elimination of Discrimination against
Women affirms that “States may also be responsible for private acts if they fail to
act with due diligence to prevent violations of rights or to investigate and punish
acts of violence.” 34
46. The Special Rapporteur underlines the centrality and importance of cultural
rights, based in particular on article 27 of the Universal Declaration of Human
Rights and article 15 of the International Covenant on Economic, Social and
Cultural Rights. States must respect those rights and protect them from interference
by fundamentalist and extremist movements.
47. Article 2, paragraph 2 of the Covenant prohibits discrimination with regard to
these rights, while article 3 states that men and women are equally entitled to the
enjoyment of economic, social and cultural rights. In its general comment No. 21
(2009) on the right of everyone to take part in cultural life, the Committee on
Economic, Social and Cultural Rights insists that:
Ensuring the equal right of men and women to the enjoyment of economic,
social and cultural rights is a mandatory and immediate obligation of States
parties. Implementing article 3 of the Covenant, in relation to article 15,
paragraph 1(a), requires, inter alia, the elimination of institutional and legal
obstacles as well as those based on negative practices, including those
attributed to customs and traditions, that prevent women from participating
fully in cultural life, science education and scientific research. 35
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34
35
17-12043
See Committee on the Elimination of Discrimination against Women, general recommendation
No. 19 (1992) on violence against women, para. 9. See also Committee against Torture, general
comment No. 2 (2008), on the implementation of article 2, para. 18.
Committee on Economic, Social and Cultural Rights, general comment No. 21 (2009) on the
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