A/HRC/29/40
practices, including some previously defended in the name of culture and religion, such as
slavery, have been delegitimized or abandoned as values and ethics have evolved.8
15.
The Working Group notes the vital importance of article 5 of the Convention on the
Elimination of All Forms of Discrimination against Women, which requires States to
modify the social and cultural patterns of conduct of men and women, with a view to
achieving the elimination of prejudices and customary practices that are based on the idea
of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and
women. This provision establishes a legal basis for the primacy of women’s right to
equality over discriminatory cultural patterns of conduct, including those stemming from
religious edicts.
16.
Culture and religion are often invoked to justify discrimination and violent practices
against women and girls. Women have often been viewed as objects rather than as equal
participants with men in the creation and manifestation of cultural principles. Indeed, when
culture and religion are invoked to justify different forms of discrimination against women,
women are seen not as victims or survivors of such discrimination, but as persons who
“violate” cultural rules and norms.9
17.
Several United Nations human rights experts, special procedures mandate holders,10
treaty bodies 11 and the Secretary-General of the United Nations have established that
neither cultural diversity nor freedom of religion may justify discrimination against women.
Discriminatory, repressive and violent practices against women should be eliminated,
whatever their origins, including those founded in culture or religion. 12 The Working Group
is convinced that this opinion is crucial to securing women’s enjoyment of their right to
equality in all aspects of life.
18.
The Committee on the Elimination of Discrimination against Women and the
Committee on the Rights of the Child have noted that harmful practices affecting women
and girls are deeply rooted in social attitudes according to which women and girls are
regarded as inferior to men and boys based on stereotyped roles. 13 They highlight the
gender dimension to violence and indicate that sex- and gender-based attitudes and
stereotypes, power imbalances, inequalities and discrimination perpetuate the widespread
existence of practices that often involve violence or coercion. They maintain that the nature
and prevalence of these practices vary according to region and culture. These practices
cause serious harm to every aspect of the lives of the women and girls who fall victim to
them and include incest, female genital mutilation, early and/or forced marriage, so-called
“honour crimes”, dowry-related violence, neglect of girls, extreme dietary restrictions,
virginity tests, servitude, stoning, violent initiation rites, widowhood practices and female
infanticide.14 The obligations set out in the Convention on the Elimination of All Forms of
Discrimination against Women and the Convention on the Rights of the Child form the
basis for the elaboration of a global strategy to eliminate harmful practices,15 which should
8
9
10
11
12
13
14
15
6
Due Diligence Project, “The Due Diligence Principle and the Role of the State: Discrimination
against Women in Family and Cultural Life”, January 2015, p. 6.
Ibid., p. 5.
See A/68/290, para. 30, A/67/287, para. 3, and A/HRC/26/22, para. 13.
Human Rights Committee, general comment No. 28, para. 21; Committee on Economic, Social and
Cultural Rights, general comment No. 21, paras. 18 and 64.
Committee on Economic, Social and Cultural Rights, general comment No. 21, para. 19.
Joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against
Women/general comment No. 18 of the Committee on the Rights of the Child on harmful practices,
para. 6.
Ibid., paras. 7 and 9.
Ibid., para. 33.
GE.15-07003