A/HRC/29/40
be well defined, rights-based, have local relevance and comprise legal, economic and social
support measures combined with proportional political engagement and State responsibility
at all levels.
19.
In many contexts, States fail to establish and enforce a clear legal hierarchy based on
the guarantees of equality and non-discrimination set forth in international human rights
law and national legislation, thus helping to maintain patriarchal modes of organization and
behaviours.16 Even when the law is independent of any religious source, it may be strongly
influenced by culture, deriving from dominant ideologies linked to religion, traditional
attitudes and social norms. Some States adopt national laws and regulations that restrict the
rights, power and mobility of women on the basis of essentialist points of view belonging to
a particular culture or religion. Conservative religious extremist movements impose strict
modesty codes in order to subjugate women and girls in the name of religion, particularly in
situations of political transition or conflict. For example, some branches of Islam have
reintroduced forced and/or early marriage and some branches of Christianity prevent
women from having access to therapeutic abortion. Religious extremism limits women’s
rights, including their right to health and economic activity, and they are generally subject
to harsh sanctions for crimes committed against the patriarchy, such as adultery. At the
international level, many States justify their reservations to articles of several human rights
conventions, including the Convention on the Elimination of All Forms of Discrimination
against Women, in the name of preserving their cultures and religions. Human Rights
Council resolutions 16/3 on promoting human rights and fundamental freedoms through a
better understanding of traditional values of humankind and 26/11 on the protection of the
family threaten to undermine international achievements in the field of human rights in the
name of cultural and religious diversity.
20.
The Working Group is concerned about the considerable increase in laws and public
policies developed to protect culture and religion that threaten the universally established
standards on the rights of women. Gender-based stereotypes, often strengthened and
legitimized in national constitutions, laws and policies, are justified in the name of cultural
norms or religious beliefs. Failure to eliminate these stereotypes leads to the generalization
of practices that are harmful to women and girls. The sexist stereotypes present in the
media, on the Internet, in audiovisual productions and in video games contribute to the
perpetuation of a culture of discrimination and violence against women.
21.
Women who do not conform to the gender stereotypes that predominate in some
cultures and those who openly contest them, including within their own cultural or religious
communities, are particularly vulnerable to discrimination, violence and criminalization.
They include, among others, single women, widows, female heads of family, lesbians,
bisexual and transgender women, sex workers and women human rights defenders. The
Working Group emphasizes that the obligation of States to protect cultural diversity applies
to diversity within cultures as well as between them.
22.
While gender stereotypes pervade all aspects of human existence, women’s rights
are at particular risk in the family, which is a locus for the perpetuation of traditional
values. The family is a product of patriarchal culture and a vital institution for upholding
the patriarchy. The Working Group emphasizes that women’s equal rights in the family are
closely linked to their rights in all areas of life, including public and political life and social,
economic and cultural life.
16
GE.15-07003
See A/67/287, para. 3.
7