A/HRC/40/53/Add.1 participate in cultural practices and policymaking and in decision-making in these areas, and in religious and cultural leadership and interpretation. 45. The Special Rapporteur appreciated her lengthy exchange with representatives of the Ministry of Women, Family and Community Development and the seriousness with which they approached their work, including through an intergenerational perspective. She commends their efforts to promote sexual and reproductive health and sex education, but notes that this process involves consultation with religious authorities who may not possess the necessary technical competence, which raises obstacles to advancement. She appreciates the awareness of the ongoing need to tackle cultural biases, and in particular the stigma related to violence against women, which sometimes precludes women from seeking remedies. Efforts to implement flexible work arrangements in this ministry, to allow both parents to work and take on family responsibilities, should be replicated in all public services. The Special Rapporteur further encourages this ministry to increase its collaboration with women human rights defenders in civil society. 46. The Special Rapporteur shares the concerns of the Committee on the Elimination of Discrimination against Women about “the persistence of patriarchal attitudes and deeprooted stereotypes regarding the roles and responsibilities of women and men in the family and in society”.10 47. The Committee likewise expressed “deep concern about the issuance of a fatwa on female circumcision by the Malaysian National Council of Islamic Religious Affairs in April 2009, which makes it obligatory for Muslim women to undergo female genital circumcision”.11 The Special Rapporteur condemns this fatwa and the subsequent reclassification of “female circumcision as a medical practice”, which allows it to be performed in health-care facilities. International human rights standards clearly establish that religious or cultural arguments cannot justify violations of basic human rights, including the rights of women.12 As the previous Special Rapporteur made clear, “cultural diversity is not a justification for practices that violate women’s human rights; not all cultural practices can be considered as protected in international human rights law”.13 48. The application of what is deemed syariah law in Malaysia results in continuing discrimination against women, particularly in the fields of marriage and the family. The Special Rapporteur is concerned about the impact of unilateral conversions of children by fathers on the cultural rights of both mothers and their children, and hopes that measures will be taken to clarify the relevant legal standards and guarantee the equal cultural rights of all, without discrimination, as well as the best interests of the child, in accordance with the obligations of Malaysia under international human rights law. She recommends amendment of the Law Reform (Marriage and Divorce) Act 1976 to prohibit unilateral conversion of a child by a parent. The minimum legal age for marriage should be 18 for all, and the Special Rapporteur regrets that attempts to legislate this in 2016 were unsuccessful. 49. To enable women to freely participate in cultural life, the authorities need to ensure that discrimination against women and gender-based violence at all levels and in all forms is addressed through the prompt enactment of the Gender Equality Act and by strengthening and/or putting in place the necessary mechanisms and procedures for effective implementation, in consultation with women’s rights groups. 50. Authorities must also review the formal and informal education of religion, the clergy and religious educators to ensure that training materials and programmes reflect the equality of women, taking into consideration the changing roles and realities of women’s lives. In accordance with their international commitments, they must review and rewrite school curricula, textbooks and teaching materials for religion, “moral education”, “living skills” and all other subjects to eliminate discrimination against women and girls and reflect the principle of gender equality. Moreover, women’s political representation, including that 10 11 12 13 CEDAW/C/MYS/CO/3-5, para. 19. Ibid., para. 21. Ibid., para. 22; and A/67/287, para. 60. A/67/287, para. 60. 9