A/65/207
C.
Women and freedom of thought, conscience and religion or belief
14. There are a number of practices that discriminate against women or are
harmful to their health, such as female genital mutilation, infanticide, cruelty to
widows, honour killings and discriminatory personal status laws. Many of the
practices are attributable mainly to cultural interpretations of religious precepts or
even conflict with the prescriptions of religions. However, certain harmful practices
are claimed by religious leaders, communities or States as a religious duty by which
they and their ancestors have been bound since time immemorial. All this makes it
particularly difficult to challenge and adequately address such harmful practices.
15. The mandate has addressed these issues in communications to Governments,
thematic reports and during country missions. 11 The Special Rapporteur has
recommended enacting legislation to eliminate discriminatory or harmful practices
and repealing laws that infringe the rights of women. With regard to female genital
mutilation, for example, States should penalize those performing such harmful
practices and provide assistance in securing alternative sources of income for
practitioners, for example as birth attendants. In terms of preventive domestic
measures, States should be encouraged to develop legal literacy and training
strategies at all levels of society, with the aim of altering discriminatory cultural
norms and attitudes. In this context, dialogue between the authorities and religious
leaders and other members of society, including medical practitioners, political
leaders, education authorities and the media, is an important prevention measure.
16. States should take effective and necessary steps to ensure enjoyment by
women of their rights to equality before the law and equal protection of the law.
States should adopt appropriate measures to provide criminal law protection for
women against violence stemming from traditional cultural practices that pose a
threat to their health and lives. With a view to achieving lasting improvements,
action to eliminate violence against women should not only target the effects of the
phenomenon but also its root causes. In addition, States should strengthen
monitoring mechanisms, official bodies and civil society institutions which play a
role in the protection and promotion of women’s rights, in the light of harmful
cultural practices. States should also be encouraged to withdraw reservations on
religious grounds which may adversely affect or restrict international legal
instruments concerning the protection of the status of women, in particular the
Convention on the Elimination of All Forms of Discrimination against Women.
D.
Non-discrimination, inter alia in access to education, medical care,
employment, humanitarian assistance or social benefits
17. The Special Rapporteur has dealt with cases in which certain individuals or
groups had been discriminated against on the basis of their religion or belief when
accessing education, medical care, employment, humanitarian assistance or social
benefits. 12
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11
12
10-47047
See E/CN.4/2002/73/Add.2; A/64/159, paras. 59-63; and A/HRC/10/8, paras. 25-28.
See the Special Rapporteur’s 2009 annual report (A/HRC/10/8, paras. 29-54) for an analysis of
discrimination based on religion or belief and its impact on the enjoyment of economic, social
and cultural rights.
7