A/68/290
C.
Typological analysis of challenges in the intersection of freedom
of religion or belief and equality between men and women
36. In the present chapter, the Special Rapporteur analyses practical challenges in
the intersection of freedom of religion or belief and equality between men and
women. The described phenomena and patterns are examples; they certainly do not
cover the whole range of existing challenges as they may develop in ever new
facets. To avoid a possible misunderstanding, the Special Rapporteur would like to
underline from the outset that each case and each situation must always be examined
carefully on their own merits.
1.
Addressing religious stereotypes in conjunction with gender stereotypes
37. Overcoming discrimination against women is a paramount human rights
obligation to be found in the Charter of the United Nations, the Universal
Declaration of Human Rights, the International Covenant on Civil and Political
Rights and countless other binding human rights documents. The Convention on the
Elimination of All Forms of Discrimination Against Women plays the pivotal role in
this regard. In its article 2, States parties “condemn discrimination against women in
all its forms, agree to pursue by all appropriate means and without delay a policy of
eliminating discrimination against women […]”.
38. Pursuant to article 5 (a) of the Convention, States parties are obliged to take all
appropriate measures “to modify the social and cultural patterns of conduct of men
and women, with a view to achieving the elimination of prejudice and customary
and all other practices which are based on the idea of the inferiority or the
superiority of either of the sexes or on stereotyped roles for men and women”. To
fulfil this obligation, States parties must critically address cultural practices that
accord men and women unequal roles, positions and opportunities in family life,
labour markets, public and political life and society at large. Examples include
obstacles to women pursuing professional careers or attending institutions of higher
education; restrictions on their right to travel; underrepresentation of women in
public positions; obstacles to women’s freedom to find a spouse of their own choice;
child marriage, frequently amounting to marital rape; humiliating treatment of
widows, including denial of their right to remarry a spouse of their own choice;
female genital mutilation; rigid dress code regulations imposed on women against
their will; male-child preference, sometimes leading to sex-selective abortion or
female infanticide; non-acceptance of any way of life outside of a traditional family
context; denigration of the image of women in public life, including in media and
advertisements; violence against women, sometimes even leading to so-called
“honour killings”; denial of property rights and of equal rights of succession; denial
of the right to seek a divorce and exposure to the threat of unilateral repudiation;
and the assumption that women generally cannot live without male protection,
which may seriously hamper their freedom to lead their lives in conformity with
their own wishes, convictions and plans. 7 Needless to say, this list of examples is far
from exhaustive. Discrimination based on stereotypical roles of men and women is
__________________
7
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See relevant general recommendations of the Committee on the Elimination of Discrimination
against Women, including No. 12 (1989) on violence against women; No. 13 (1989) on equal
remuneration for work of equal value; No. 14 (1990) on female circumcision; No. 18 (1991) on
disabled women; No. 19 (1992) on violence against women; No. 21 (1994) on equality in
marriage and family relations; and No. 23 (1997) on women in political and public life.
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