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discrimination that may obstruct women’s enjoyment of their right to take part in
cultural life. 39 The content and scope of this implied obligation needs to be further
elaborated, including in international law.
B.
Stereotypes restricting cultural rights of women
45. Across the world and throughout history, different visions of men and women,
presuming dissimilar capabilities and separate spheres of operation, have defined
expectations about appropriate behaviour. While some gender differences are real,
most are not, and constructed differences “have served in family and law, in church
and state to prevent women from enjoying full personhood” 40 and human rights,
including cultural rights.
46. For example, the Special Rapporteur was informed that in some countries, solo
female singing has been banned and restrictions have been placed on female
musicians performing in public concerts. 41 These prohibitions are unrelated to any
inherent difference between men and women. They derive from the socially
constructed rules of gender. Similarly, a particular instrument or song, the
recounting of a particular story, or practising a particular craft or skill may be
restricted to either men or women. The same is true for cultural or religious
practices, customs and traditions that prohibit women from engaging in interpreting
and applying particular texts, rituals or customs. Likewise, the practice of ancestral
medical techniques, sometimes associated with the performance of ritual
ceremonies, dancing and the playing of music, may be reserved for men, possibly
leading to the exclusion of women from medical and pharmaceutical knowledge. 42
47. For many women, the enjoyment of cultural rights is impeded by de jure or de
facto restrictions on their right to freedom of movement. Socially constructed
gender normative rules may exclude women from public spaces, hearings or
meetings. Women may be denied the possibility of being a member, participating in
deliberations, or voting in particular cultural or religious institutions. Participation
in public life may be obstructed by a fear of sexual harassment or violence and by
social or religious “moral policing”. Equally, however, participation in cultural
activities may be hampered by a lack of facilities such as inadequate public toilets
for women at the venues of cultural or sporting events such as stadiums. More
specifically, formal and informal restrictions may prohibit women from driving a
car, or travelling in buses, trains or planes without being accompanied by a male
relative. 43
__________________
39
40
41
42
43
14
Under the Convention of the Elimination of All Forms of Discrimination against Women,
articles 2 (f) and 5 (a), in conjunction with article 13 (c); see Rikki Holtmaat, “Article 5
CEDAW and Culture/Religion/Tradition”, in Holtmaat and Boerefijn, pp. 15-39.
Hernández-Truyol, pp. 111, 133-134 and 483.
Freemuse, www.freemuse.org/sw36684.asp.
See, for example, Valentine M. Moghadam and Manilee Bagheritari, “Cultures, Conventions and
the Human Rights of Women: Examining the Convention for Safeguarding Intangible Cultural
Heritage, and the Declaration on Cultural Diversity”, United Nations Educational, Scientific and
Cultural Organization (UNESCO) Social and Human Sciences Sector (SHS) Papers in Women’s
Studies/Gender Research No. 1 (UNESCO, March 2005), in particular the appendix table.
See Marsha A. Freeman, “The Human Rights of Women in the Family: Issues and
Recommendations for Implementation of the Women’s Convention”, in Women’s Rights, Human
Rights.
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