A/67/287
• Is the label of culture being deployed to stifle a desirable and necessary
political debate?
69. As previously stated by the Special Rapporteur, identifying exactly which
cultural practices should be considered as being contrary to human rights is not
always a simple task. It requires policies that unequivocally support an informed,
open and participatory debate within all societies and communities so that cultural
norms and practices detrimental to the enjoyment of human rights can be
challenged. It also requires an independent judiciary able to adopt an informed
decision on the basis of an explicitly human rights legal framework, and taking into
consideration international human rights law and practice.
70. Cultural diversity is not to be confused with cultural relativism. The cultural
diversity within a community and within each individual is at least as important as
diversities across communities. These diversities must be vigorously respected,
protected and promoted, for they are the kernels of a democratic order. In this
regard, it must be remembered that despite the paucity of interaction between States
and female citizens in many countries and areas of life, the State is a crucial source
of legitimacy for women’s cultural rights.
71. The reality of intra-community diversity makes it vital to ensure that all voices
within a community are heard without discrimination in terms of representing the
interests, desires and perspectives of that particular community. Women must be
equally empowered to decide the criteria for, and conditions of, belonging to
communities of shared cultural values, and to decide the normative content of
values and the contours and context of practices that respect, protect and promote
their human dignity.
V. Conclusion and recommendations
A.
Conclusions
72. The effective implementation of human rights standards requires
measures that transform legislation into reality.
73. Human rights are always implemented and enjoyed within specific local
cultural and socioeconomic conditions. They have to be realized within, and are
thus contingent upon, the factors and dynamics operative on the ground,
including local knowledge and practices, and specific cultural traditions, values
and norms. Ensuring the cultural rootedness of human rights, in particular
women’s cultural rights, requires ownership of internationally established
human rights among all communities. Human rights have to be
“vernacularized”, 59 including through “initiatives that ground human rights
concepts in diverse cultural traditions, in a culturally relevant lexicon and
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See, for example, P. Levitt and S. E. Merry, “Vernacularization on the Ground: Local Uses of
Global Women’s Rights in Peru, China, India and the United States”, Global Networks, vol. 9,
No. 4 (October 2009), pp. 441-461 and M. Goodale, “Locating Rights: Envisioning Law
Between the Global and the Local”, in The Practice of Human Rights: Tracking Law Between
the Global and the Local, M. Goodale and S. E. Merry, eds. (Cambridge, Cambridge University
Press, 2007).
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