PART SIX: PROMOTING DIVERSITY AND EQUALITY: OBLIGATIONS TO ADDRESS THE ROOT CAUSES OF DISCRIMINATION
other means of eliminating barriers between races, and to discourage anything which tends to strengthen
racial division”.
Article 5 (a) of the Convention on the Elimination of All Forms of Discrimination against Women requires
that States 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”, stereotypes and notions of superiority or
inferiority of the sexes. In its jurisprudence concerning gender-based violence against women, the Committee
on the Elimination of Discrimination against Women has found States in violation of these obligations.1226
CHARTING THE LINK BETWEEN SOCIAL FORCES AND DISCRIMINATION: THE
CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST
WOMEN
Early recognition of the link between negative social norms and discrimination can be found in the
Convention on the Elimination of All Forms of Discrimination against Women, which places a strong
emphasis on changing the social roles of women and men as a necessary means to achieving gender
equality. As highlighted by OHCHR in its introduction to the Convention explains:
The Convention aims at enlarging our understanding of the concept of human rights, as it gives
formal recognition to the influence of culture and tradition on restricting women’s enjoyment of
their fundamental rights. These forces take shape in stereotypes, customs and norms which give rise
to the multitude of legal, political and economic constraints on the advancement of women. Noting
this interrelationship, the preamble of the Convention stresses “that a change in the traditional role
of men as well as the role of women in society and in the family is needed to achieve full equality
of men and women”. States parties are therefore obliged to work towards the modification of
social and cultural patterns of individual conduct in order to eliminate “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” (article 5). And article 10.c. mandates
the revision of textbooks, school programmes and teaching methods with a view to eliminating
stereotyped concepts in the field of education. Finally, cultural patterns which define the public
realm as a man’s world and the domestic sphere as women’s domain are strongly targeted in all of
the Convention’s provisions that affirm the equal responsibilities of both sexes in family life and
their equal rights with regard to education and employment. Altogether, the Convention provides
a comprehensive framework for challenging the various forces that have created and sustained
discrimination based upon sex.1227
PART SIX
The Convention on the Rights of Persons with Disabilities contains a number of provisions focused on
combating prejudice, stereotypes and other drivers of discrimination. Article 24 of the Convention, which
establishes the right to lifelong inclusive education, provides that education should be “directed to … the full
development of human potential and sense of dignity and self-worth, and the strengthening of respect for
human rights, fundamental freedoms and human diversity”. Article 8 elaborates States’ awareness-raising
obligations under the Convention, including a specific obligation to “combat stereotypes, prejudices and
harmful practices relating to persons with disabilities, including those based on sex and age, in all areas of
life”.1228 As noted by the Special Rapporteur on the rights of persons with disabilities:
The Convention embraces differences between human beings and underlines the importance of taking
the diversity of the human experience into account. Society has traditionally ignored or discounted
the difference of disability and thus societal structures have not considered the rights of persons
with disabilities. The Convention restores the importance of the human being in the human rights
discourse by emphasizing the individual and social aspects of the human experience. In that way,
1226
See, inter alia, Committee on the Elimination of Discrimination against Women, A.T. v. Hungary, communication No. 2/2003.
1227
See www.ohchr.org/en/instruments-mechanisms/instruments/convention-elimination-all-forms-discrimination-against-women.
1228
A/HRC/43/27, para. 2.
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