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sometimes of countries belonging to the same religious area. This shows that culture, religion
and freedom of religion or belief are highly relative concepts whereas respect for life, dignity,
integrity and non-discrimination, in short, fundamental rights of women, are invariants that can
bring individuals together and unite them notwithstanding their differences.
(b)
Contribution of the Committee on the Elimination of Discrimination against Women
65. The issue of women’s status in the light of religion and traditions has been addressed
within the United Nations from the perspective of traditional practices detrimental to the health
of women and girls and from the perspective of the extension of the concept of violence against
women.
66. Regarding the first perspective, the issue of female genital mutilation has often been
targeted specifically or even exclusively.64 It is a fact that many of these cultural practices based
directly or indirectly on religion are of a medical nature and affect women’s fundamental human
rights, such as the right to life, health and dignity. In 1954, the General Assembly adopted
resolution 843 (IX) on the status of women in private law: customs, ancient laws and practices
affecting the human dignity of women. The Economic and Social Council, following a
recommendation by the Commission on the Status of Women, adopted a resolution on the same
lines (445 C (XIV)), which is aimed at the progressive abolition of customs which violate the
“physical integrity of women, and which thereby violate the dignity and worth of the human
person, as proclaimed in the Charter and in the Universal Declaration of Human Rights”. The
issue has received more sustained attention since the 1980s both at the global level—joint action
by the World Health Organization (WHO), the United Nations Children’s Fund (UNICEF) and
the United Nations Population Fund (UNFPA)—and at the regional level. Violence against
women is not immediately covered by the subject of the present study; it is the extension of such
violence that enables it to be considered from the viewpoint of practices that are harmful to the
health of women and children and based on or imputed to religion.
67. As the Committee established under the Convention on the Elimination of All Forms of
Discrimination against Women, CEDAW is concerned with traditional or customary practices
affecting women and children, although States’ reports to it appear to contain only very little
information in this connection.65 It was only from 1990 that the Committee adopted several
general recommendations, such as No. 14, on female excision, and No. 19, on violence against
women, encompassing, in particular, forced marriage, dowry deaths, female genital mutilation
and preference for male children. In its general recommendation No. 21 on equality in marriage
and family relations, CEDAW considers that early marriage can have detrimental effects on the
health of women and girls. In its general recommendation No. 24 (entitled “Women and health”)
on article 12 of the Convention, the Committee notes that some cultural or traditional practices
such as genital mutilation can have adverse consequences for women’s health and even prove
fatal.
68. According to one study, the common denominator among all traditional practices harmful
to the health of women and children is violence. The 1979 Convention does not explicitly
address the issue of violence against women, including when it is the result of practices based on
or imputed to religion. Nor do CEDAW’s earlier general recommendations deal with violence
arising from customary or religious practices.66