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65. In response to what they perceived as “rising intolerance and growing assault
on free speech”, coupled with violence against intellectuals, approximately 40
leading Indian writers, including women writers, returned their literary awards in
protest. 51 That effort came to prominence after well-known writer Nayantara Sahgal
returned a prize. She explained: “India’s culture of diversity and debate is now
under vicious assault. Rationalists who question superstition, anyone who questions
any aspect of the ugly and dangerous distortion of Hinduism known as Hindutva —
whether in the intellectual or artistic sphere, or whether in terms of food habits and
lifestyle — are being marginalized, persecuted, or murdered”. 52
B.
Women’s right to take part in cultural life without discrimination
66. Women’s cultural rights are a prime target for fundamentalists and extremists,
who often claim to be defending culture, religion or tradition but instead deny the
rights of others in these regards. The following is a brief survey.
1.
Women’s equal rights within religion and belief
67. In many places, women are prohibited from being religious leaders as a result
of stereotypical gender norms promulgated by patriarchal narratives of religion and
purveyed by State and non-State actors. 53 Women’s equal right to take part in
cultural life includes their right to be religious and spiritual leaders. Some women
assert those rights by leading prayer services or issuing religious edicts and
interpretations in favour of women’s rights. Many women’s groups respond to
fundamentalisms by leading public discussions of oppressive interpretations of
religious texts and laws. The Special Rapporteur also notes the equally important
roles played in defending cultural rights by women in associations of non-religious
persons and humanists.
68. In Israel, Women of the Wall have reportedly been harassed for activities in
favour of women’s right to worship in equality and for their legal battle to worship
at the Western Wall, as men do. The Special Rapporteur regrets the recent
suspension of a plan to provide an improved space for women and men to worship
together at the Wall, as well as the failure to implement policies consistent with
court judgments acknowledging the right of women to pray at the Wall. 54 Moreover,
there have been reported attempts at imposing gender segregation in the ultra Orthodox Jewish population in a number of countries. 55
69. Some Pentecostal churches in Africa reportedly requested that their
congregations sign petitions against the ratification of the Protocol to the African
Charter on Human and Peoples’ Rights on the Rights of Women in Africa. 56 Article
17, paragraph 1 of the Protocol holds that “women shall have the right to live in a
positive cultural context and to participate at all levels in the determination of
cultural policies”.
2.
Cultural rights impact of reproductive health and rights
70. As stated by the first Special Rapporteur in the field of cultural rights, women
must be equal participants in cultural affairs and in the wider “general” society,
__________________
51
52
53
54
55
56
17-12043
“How India’s writers are fighting intolerance”, BBC News, 13 October 2015.
Indian Cultural Forum, “Nayantara Sahgal returns her Sahitya Akademi award”, 6 October 2015.
Submission from Muslims for Progressive Values.
Isabel Kershner, “‘Sense of betrayal’ in liberals over reversals by Netanyahu”, New York Times,
4 July 2017.
Submission from Hadassah-Brandeis Institute Project on Gender, Culture, Religion and the La w.
Horn, “Christian fundamentalisms”, p. 13.
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