A/54/386
even non-existent, given that a woman going abroad to
study has to be accompanied by a family member, that
women are prohibited from driving motor vehicles and that
access to buses and public facilities is subject to
segregation. Legislation may also discriminate in favour
of men in divorce proceedings (Bangladesh, Brunei
Darussalam), custody of children (Brunei Darussalam) and
testimony, the evidence of one man being equivalent to that
of two women (Kuwait, Saudi Arabia). In Kuwait a Muslim
woman would not be allowed to marry a non-Muslim.
Lastly, legislation may require that women be dressed in
a certain way. The most manifest and insidious case in
which women are deprived totally of their rights results
from legislation which recognizes the transmission of
citizenship to children only through the male line.
135. The interpretation by the courts of civil status texts
relating principally to the family (marriage, divorce, etc.)
also appears to affect women in many instances by placing
them in an unfavourable situation, whether they are
Muslim (India, Israel, Kuwait), non-Muslim, Jewish
(Israel) or Christian (India, Malaysia).
136. Traditions attributable to religion are very often an
obstacle to the implementation of legislation that treats
women more fairly. Accordingly, in India the legally
prohibited suttee and dowry traditions persist in some rural
areas. In Djibouti the prior consent of a man for any travel
abroad by a woman appears to be maintained by tradition,
while in Turkmenistan the religious authorities seem to
invoke tradition in order to instil in their followers an
archaic perception of women.
137. Society can be a source of intolerance principally
because, through ignorance or obscurantism, certain
discriminatory attitudes towards women are associated with
religious precepts. In Pakistan, for example, a woman who
has converted to Christianity may find herself ostracized
and rejected by society.
138. Women are the prime target of the evil known as
religious extremism. The State’s responsibility to eradicate
violations in this field is established in international law
and must be fully exercised.
139. To sum up, despite some limited progress in matters
of freedom of religion and belief, especially since the end
of the cold war, the Special Rapporteur finds not only that
manifestations of intolerance and discrimination based on
religion and belief persist but also that religious extremism
is on the rise. Apart from society in general, persons
particularly affected are women and those professing a
minority religion or belief.
22
140. The Special Rapporteur believes, that in order to deal
with the above situation, it is essential to focus on
prevention, while, of course, maintaining ongoing
measures to counter current violations.
141. As the Special Rapporteur has stressed, preventive
action should focus chiefly, although not exclusively, on
education. It will be recalled that the Commission on
Human Rights in resolution 1999/39 on the mandate of the
Special Rapporteur urged States to promote and encourage,
through education and other means, understanding,
tolerance and respect in matters relating to freedom of
religion or belief.
142. The Special Rapporteur is therefore continuing his
project for the formulation of an international educational
strategy to prevent all forms of intolerance and
discrimination based on religion or belief, the matrix of
which would be the organization in November 2001 of an
international consultative conference on the content of
curricula and textbooks for primary or elementary and
secondary educational institutions with respect to freedom
of religion and belief.
143. Prevention through education can also address the
current evils of religious extremism and acts of
discrimination and intolerance directed specifically at
women and minorities.
144. Religious extremism, it must be stressed, spares no
society and no religion. It is a perversion of religious faith
and an insult to the intelligence of a human being. To
tolerate this growing phenomenon is akin to tolerating the
intolerable. It is therefore essential that States join with the
international community in condemning it without
ambivalence and combating it without compromise. Such
an effort must undoubtedly include preventive action,
especially through education. The initiatives of Egypt in
this regard are extremely noteworthy and include books on
tolerance for children and adolescents and the
modernization of centres for consciousness-raising,
training and further training whose purpose is to ensure
integration in society and hence to combat all acts of
exclusion and erection of barriers, the favourite devices of
extremism.
145. Women’s actual status from the standpoint of
religion, or of the traditions, practices and policies based
on or attributed to religion, represents a problem which
must be tackled. The preparation of a plan of action
combining both prevention, for example through education,
and measures to combat discrimination must be initiated
as soon as possible, including through the organization of
a seminar on the status of women from the standpoint of