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26. As stated by the Secretary-General of the United Nations at the World Conference on
Human Rights held in Vienna, in 1993, human rights, and in particular those of women, when
viewed at the universal level, bring us face to face with the most challenging dialectical conflict
ever: between “identity” and “otherness”, between the “myself” and “others”. They teach us in a
direct, straightforward manner that we are at the same time identical and different.27
27. Universality is inherent in human rights.28 The Charter of the United Nations
unambiguously expressed this in its Article 55. The very title of the Universal—and not
international—Declaration of Human Rights reinforced that trend, the objective being to unite all
individuals over and above their racial, ethnic, religious and gender differences and combine
unity and diversity in the name of equal dignity in regard to differences of identity.29
28. Different traditions may diverge in this respect. It can be argued, for example, that
distinctions in inheritance, family responsibilities, custody of children or women’s access to
positions of political or religious responsibility do not constitute discrimination since they are
part of a coherent system founded on the respective roles and duties of men and women in
society and within the family and would therefore be justifiable, especially as they may be based
on religious precepts. Numerous examples could be given. They may relate to genital mutilation
or to practices that pose a threat to women’s health or lives (these aspects will be explored
further in chapter II). Responding to such objections is far from easy. In contrast to other human
rights, this is an area where faith-based considerations overlap with the temporal, where the
sacred merges with the social and cultural and where the irrational confronts the requirements of
social life and of respect for human rights. Attention should, however, be drawn to a number of
criteria.
29. As attested by many relevant international instruments, broadly representative State
practice and virtually unanimous legal opinion, the universality of human rights is now a fully
accepted principle and an established right that can no longer be called into question. That
imperative derives from the concept of the human person and from the fact that women’s rights,
even when involving cultural and religious aspects, form part of the fundamental rights of the
individual. Also, universality arises out of a concept which is at the very root of human rights:
the consubstantial and inherent dignity of the person. It is the cardinal and indivisible notion of
human dignity which is the common foundation of a universal conception of women’s rights
notwithstanding cultural or religious differences. When women’s dignity is infringed, there is no
place for sovereignty or for cultural or religious distinctions. This fundamental concept of
dignity is the common denominator among all individuals, peoples, nations and States
irrespective of their cultural or religious differences or stage of development.
30. That notion can broadly affirm the pre-eminence—over every custom or tradition, whether
religious in origin or otherwise—of the essential universal principles of respect for the person
and for the inalienable right to self-determination as well as full equality between men and
women. There can be no compromise in that respect, since, without this common denominator,
there can be no credible system for the enduring protection of human rights in general and those
of women in particular.
31. This concept does not undermine cultural diversity or even cultural relativism. But such
relativism can be conceivable only insofar as it incorporates the elements of universality and
does not detract from the dignity of women at the different stages of their lives. Pluralism of