A/72/155
48. Women’s equal cultural rights are also guaranteed by article 13 (c) of the
Convention on the Elimination of All Forms of Discrimination against Women,
which requires States to take the measures needed to end discrimination against
women affecting “[t]he right to participate in… all aspects of cultural life” and to
ensure equality in this regard.
49. The Declaration on the Elimination of Violence against Women confirms that
States are not to invoke religion as an excuse for violence against women. 36
Moreover, article 5 (a) of the Convention on the Elimination of All Forms of
Discrimination against Women provides that States are to take all appropriate
measures to “modify the social and cultural patterns of conduct of men and women,
with a view to achieving the elimination of prejudices and customary and all other
practices which are based on the idea of the inferiority or the superiority of either of
the sexes or on stereotyped roles for men and women”. 37
50. Cultural rights are not tantamount to cultural relativism. Th ey are not an
excuse for violations of women’s human rights or for discrimination or violence
against women. They are firmly embedded in the universal human rights framework
(see A/HRC/31/59, para. 27).
51. In article 5 of the Vienna Declaration and Programme of Action, States agreed
not only that “all human rights are universal” but that “while the significance of
national and regional particularities and various historical, cultural and religious
backgrounds must be borne in mind, it is the duty of States, regardless of their
political, economic and cultural systems, to promote and protect all human rights ”.
52. Universality is one of the most important tools in the struggle against the
harmful effects of fundamentalism and extremism and must be defended. When
States undermine universality, they aid and abet extremism. In its general comment
No. 28 (2000) on the equality of rights between men and women, interpreting article 3
of the International Covenant on Civil and Political Rights, the Human Rights
Committee explained that “States parties should ensure that traditional, historical,
religious or cultural attitudes are not used to justify violations of women ’s right to
equality before the law and to equal enjoyment of all Covenant rights”. 38
53. States must also respect and protect freedom of thought, conscience and
religion, including the right to be a religious believer but also the “right not to
profess any religion or belief”. 39 In addition, “no one shall be subject to coercion
which would impair his freedom to have or to adopt a religion or belief of his
choice”. 40 Acts of fundamentalist and extremist Governments or movements that
aim at shaping, through coercion or abuse, adherence to certain beliefs, world
visions and cultural practices are contrary to human rights standards.
54. In its general comment No. 28, the Human Rights Committee determined that
“article 18 may not be relied upon to justify discrimination against women by
reference to freedom of thought, conscience and religion”. The former Special
Rapporteur of the Human Rights Council on freedom of religion or belief has noted
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36
37
38
39
40
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right of everyone to take part in cultural life, para. 25.
See General Assembly resolution 48/104, art. 4.
Convention on the Elimination of All Forms of Discrimination against Women, art. 5 (a).
Human Rights Committee, general comment No. 28 (2000) on equality of rights between men
and women, para. 5.
Human Rights Committee, general comment No. 22 (1993) on the right to freedom of thought,
conscience and religion, para. 2.
International Covenant on Civil and Political Rights, art. 18, para. 2 (see General Assembly
resolution 2200 A (XXI), annex).
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