A/67/287
Report of the Special Rapporteur in the field of
cultural rights
Summary
The present report is submitted pursuant to Human Rights Council resolution
19/6 and focuses on the enjoyment of cultural rights by women on an equal basis
with men.
The Special Rapporteur proposes to shift the paradigm from one that views
culture as an obstacle to women’s rights to one that seeks to ensure equal enjoyment
of cultural rights; such an approach also constitutes an important tool for the
realization of all their human rights.
The report underlines the right of women to have access to, participate in and
contribute to all aspects of cultural life. This encompasses their right to actively
engage in identifying and interpreting cultural heritage and to decide which cultural
traditions, values or practices are to be kept, reoriented, modified or discarded.
Gender, culture and rights intersect in intricate and complex ways, and cultural
rights must be understood as also relating to who in the community holds the power
to define its collective identity. The reality of intra-community diversity makes it
imperative to ensure that all voices within a community, including those that
represent the interests, desires and perspectives of specific groups, are heard, without
discrimination.
Preserving the existence and cohesion of a specific cultural community,
national or subnational, should not be achieved to the detriment of one group within
the community, for example, women. Importantly, combating cultural practices that
are detrimental to human rights, far from jeopardizing the existence and cohesion of
a specific cultural community, stimulates discussion, which facilitates an evolution
towards embracing human rights, including in a very culturally specific way.
The present report analyses notions of gender that restrict the cultural rights of
women and proposes a set of questions to be asked whenever gender-biased social
arrangements are defended in the name of culture. It includes a series of
recommendations and a list of issues to be addressed in assessing the level of
implementation, or non-implementation, of the cultural rights of women. Such
information could usefully be included in State party reports to the relevant treaty
bodies and to the universal periodic review.
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