A/HRC/29/40 government, art and sport. 3 Cultural diversity occurs when culture is expressed and develops in different contexts in society. Culture is not a static or unchanging concept, although some States tend to present it as such in order to justify inequality between men and women. This living, dynamic and evolving process4 permeates all human activities and institutions, including legal systems, in all societies across the world. 5 Viewing culture and beliefs as immutable hinders the realization and development of all human rights, including those of women. 11. The Working Group has taken as its basis the legal framework established by the human rights community regarding the right of women to participate, on an equal footing with men, in creating, contesting and recreating their cultures and in all aspects of cultural life. The equal right of all persons to participate in, access and contribute to cultural life is guaranteed by international human rights law, particularly articles 5 and 13, subparagraph (c), of the Convention on the Elimination of All Forms of Discrimination against Women, article 27, paragraph 1, of the Universal Declaration of Human Rights and article 15 of the International Covenant on Economic, Social and Cultural Rights. 12. The construction of gender is deeply embedded in culture. In its general recommendation No. 28, the Committee on the Elimination of Discrimination against Women indicates that “the term ‘gender’ refers to socially constructed identities, attributes and roles for women and men and society’s social and cultural meaning for these biological differences resulting in hierarchical relationships between women and men and in the distribution of power and rights favouring men and disadvantaging women. This social positioning of women and men is affected by political, economic, cultural, social, religious, ideological and environmental factors and can be changed by culture, society and community.”6 13. The cultural construction of gender is conducive to generalized discrimination against women in all cultures. Discrimination against women and girls cannot, therefore, be considered an essentialist element, present in certain cultures and not in others. Since cultures are neither homogeneous nor unchanging, there are very significant differences between them concerning their stages of development and the extent to which the patriarchy, misogyny and practices that are harmful to women and girls exist within them. 14. Culture, when understood as a macro concept, also includes religion. Religion constitutes an institutionalized aspect of culture, with its own sources of authority that regulate social behaviour. It is often based on the concept of transcendental authority, and most religions have codified normative systems. Change must be wrought within the religious hierarchy of the community and must conform to the religious dogma of the written sources. As a consequence, religions are often a haven against social and cultural change. In all religions, there are movements that resist any change to the patriarchy and the status of women and girls in the family. 7 Conversely, non-gender-based discriminatory 3 4 5 6 7 GE.15-07003 Culture is understood here as a macro concept of human behaviour. The issue of women’s participation in cultural activities will not be analysed. The Working Group refers to the work of the Special Rapporteur in the field of cultural rights and fully supports the implementation of her recommendations (see A/67/287). Committee on Economic, Social and Cultural Rights, general comment No. 21, para. 11. A/67/287, para. 2. Committee on the Elimination of Discrimination against Women, general recommendation No. 28, para. 5. Frances Raday, “Culture, religion and gender”, International Journal of Constitutional Law, vol. 1, No. 4, Oxford University Press and New York University School of Law, 2003, p. 668. 5