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26. Violence against women is also manifested in ways that violate women’s right
to voluntary and equal marriage. 21 Forced marriages, whether coerced through
kidnapping or physical or sexual violence, is a means of forcing women into
unwanted and unequal marriages. As the Special Rapporteur on contemporary forms
of slavery, including its causes and its consequences, has noted, physical and sexual
violence against women is used to force women and girls into servile marriages,
where women are treated as commodities purchased from their families, over which
any or all the powers of ownership are exercised (A/HRC/24/43, para. 10).
27. International law affords every individual the right to privacy without arbitrary
or unlawful interference. 22 Women all too frequently experience violent intrusions
of privacy, including through virginity testing and forced sterilization. These forms
of violence against women represent grave violations of the right to privacy and
reproductive freedom, as well as women’s bodily integrity, and it undermines the
ability of women to be recognized as full and equal citizens of their communities.
28. Although the human right to own property has been recognized by
international law, 23 many States continue to systematically deny women this right
through discriminatory laws on inheritance, land tenure and property ownership
(A/HRC/17/26, para. 29). Moreover, even where women are legally permitted to
hold property, they are targeted and violence is often used as a mechanism to
deprive them of their property.
29. Gender-based violence impedes women’s ability to realize their right to take
part in cultural life. 24 This includes the right to access, participate in and contribute
to cultural life (E/C.12/GC/21). As the Special Rapporteur with the task of preparing
a comprehensive study with a focus on how best to include economic, social and
cultural rights in international, regional and bilateral technical cooperation in the
field of human rights has explained, participation in cultural life entails meaningful
decision-making and women must enjoy the freedom to create new communities of
shared cultural values around any markers of identity they want to privilege, new
cultural meanings and practices without fear of punitive actions, including any form
of violence (A/67/287, para. 28). Violence against women and the lack of adequate
responses to it have also denied women the right to choose whether or not to
identify with and take part in the cultural life of a particular community or
communities (E/C.12/GC/21, para. 7).
30. Violence against women impairs and nullifies the right of wome n and girls to
the enjoyment of the highest attainable standard of physical and mental health. 25
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Universal Declaration of Human Rights, art. 16; International Covenant on Civil and Political
Rights, art. 23; International Covenant on Economic, Social and Cultural Rights, art. 10 (1).
Universal Declaration of Human Rights, art. 12; International Covenant on Civil and Political
Rights, art. 17.
Universal Declaration of Human Rights, art. 17; Convention on the Elimination of All Forms of
Discrimination against Women, art. 16; International Convention on the Eliminati on of All
Forms of Racial Discrimination, art. 5.
International Covenant on Economic, Social and Cultural Rights, art. 15 (1) (a); Convention on
the Elimination of All Forms of Discrimination against Women, art. 13 (c); Universal
Declaration of Human Rights, art. 27; see also the Association for Women’s Rights in
Development, “Cultures, traditions and violence against women: human rights challenges ”,
available from www.awid.org.
International Covenant on Economic, Social and Cultural Rights, art. 12 (1). See also the
Convention on the Elimination of All Forms of Discrimination against Women, art. 12; and the
Committee on the Elimination of Discrimination against Women, General Recommendation
No. 19, para. 7.
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