E/CN.4/2002/73/Add.2 page 24 adopted to eradicate cultural and/or traditional practices which violate the physical and/or moral integrity of women and girls and are contrary to recognized international standards (forced feeding, genital mutilation, infibulation, etc.).That provision is important in that it implicitly reaffirms the principle of universality of women’s rights as enshrined in many instruments, to which the protocol refers in its preamble.86 84. The draft protocol prohibits forced marriage and polygamy. It recognizes a married woman’s right to acquire and administer her own property and the right to equitable sharing of joint property between spouses (art. 7). It recognizes equal rights of men and women towards their children during marriage and at its dissolution, which has to be effected by judicial order, thereby prohibiting repudiation (art. 8). The draft prohibits violence against women and advocates its suppression (art. 13). It recognizes a woman’s right to control her fertility and to choose methods of contraception. It prohibits inhuman, humiliating and degrading treatment of widows and recognizes a widow’s right to inherit her husband’s property (art. 9). Also, the draft recommends to States that they take action to promote, inter alia, the right to education, female literacy, the elimination of discrimination in education and especially the suppression of references to stereotypes which perpetuate such discrimination in school textbooks and curricula. 85. Overall, the draft is ambitious and the text, if adopted, will fill legal gaps in a continent where traditional practices that are harmful to women are prevalent (see chapter II) and in a world where significant legislative advances have been achieved since the holding of the 1993 World Conference on Human Rights in Vienna and the 1995 Word Conference on Women in Beijing. 86. Examination of the legal aspects of freedom of religion or belief and the status of women in the light of religion and traditions shows the importance given to this issue in many human rights instruments, whose binding force or effectiveness varies considerably. The issue is addressed by a variety of international bodies, instruments and mechanisms from standpoints that differ but are complementary in regard to their objectives or mandates. 87. Focusing specifically on harmful medical practices and violence against women in particular is often the most direct way for these instruments and mechanisms to regulate the issue in law. Practices involving female genital mutilation are most frequently cited by way of example. The overall contribution of CEDAW and the Women’s Convention is significant in that many asserted rights, at least in some cultures, relate directly to their links with discrimination based on or imputed to religion. Most of these instruments, including the Women’s Convention, are concerned more with customary or traditional practices and not specifically with religion. Notwithstanding the difficulty in distinguishing between religion and customs and culture in general, it is essential, as already stated, that affirmative action by States and the international community be directed at cultural practices based on or imputed to religion with a view to changing them in line with relevant instruments on women’s rights dealing with the issue. However, in order to take measures against these practices, norms and values, it is vital to understand them, appreciate their factual significance and gauge their extent across the world’s religions and cultures. That will be attempted in chapter II below.

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