E/CN.4/2002/73/Add.2
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adopted to eradicate cultural and/or traditional practices which violate the physical and/or moral
integrity of women and girls and are contrary to recognized international standards (forced
feeding, genital mutilation, infibulation, etc.).That provision is important in that it implicitly
reaffirms the principle of universality of women’s rights as enshrined in many instruments, to
which the protocol refers in its preamble.86
84. The draft protocol prohibits forced marriage and polygamy. It recognizes a married
woman’s right to acquire and administer her own property and the right to equitable sharing of
joint property between spouses (art. 7). It recognizes equal rights of men and women towards
their children during marriage and at its dissolution, which has to be effected by judicial order,
thereby prohibiting repudiation (art. 8). The draft prohibits violence against women and
advocates its suppression (art. 13). It recognizes a woman’s right to control her fertility and to
choose methods of contraception. It prohibits inhuman, humiliating and degrading treatment of
widows and recognizes a widow’s right to inherit her husband’s property (art. 9). Also, the draft
recommends to States that they take action to promote, inter alia, the right to education, female
literacy, the elimination of discrimination in education and especially the suppression of
references to stereotypes which perpetuate such discrimination in school textbooks and curricula.
85. Overall, the draft is ambitious and the text, if adopted, will fill legal gaps in a continent
where traditional practices that are harmful to women are prevalent (see chapter II) and in a
world where significant legislative advances have been achieved since the holding of the 1993
World Conference on Human Rights in Vienna and the 1995 Word Conference on Women in
Beijing.
86. Examination of the legal aspects of freedom of religion or belief and the status of women
in the light of religion and traditions shows the importance given to this issue in many human
rights instruments, whose binding force or effectiveness varies considerably. The issue is
addressed by a variety of international bodies, instruments and mechanisms from standpoints that
differ but are complementary in regard to their objectives or mandates.
87. Focusing specifically on harmful medical practices and violence against women in
particular is often the most direct way for these instruments and mechanisms to regulate the issue
in law. Practices involving female genital mutilation are most frequently cited by way of
example. The overall contribution of CEDAW and the Women’s Convention is significant in
that many asserted rights, at least in some cultures, relate directly to their links with
discrimination based on or imputed to religion. Most of these instruments, including the
Women’s Convention, are concerned more with customary or traditional practices and not
specifically with religion. Notwithstanding the difficulty in distinguishing between religion and
customs and culture in general, it is essential, as already stated, that affirmative action by States
and the international community be directed at cultural practices based on or imputed to religion
with a view to changing them in line with relevant instruments on women’s rights dealing with
the issue. However, in order to take measures against these practices, norms and values, it is vital
to understand them, appreciate their factual significance and gauge their extent across the
world’s religions and cultures. That will be attempted in chapter II below.