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Edited Legal Collections Data |
Book Title: Negotiating Cultural Rights
Editor(s): Belder, Lucky; Porsdam, Helle
Publisher: Edward Elgar Publishing
ISBN (hard cover): 9781786435415
Section: Chapter 5
Section Title: The enjoyment of cultural rights by women on an equal basis with men – Report 2012 (A/67/287)
Author(s): Donders, Yvonne
Number of pages: 20
Abstract/Description:
For a long time, cultural rights were considered the ‘Cinderella of the human rights family’; neglected by States, academics and other stakeholders. The establishment of the mandate of the Special Rapporteur on Cultural Rights formed an important catalyst for the further elaboration of these human rights. One of the reasons why cultural rights were neglected or addressed with a considerable amount of reserve or skepticism was that these rights were considered to protect and promote, apart from the positive dimensions of cultures, also cultural activities and practices that are very questionable from a human rights perspective. Many of such harmful cultural practices particularly affect women. Examples are female genital mutilation (FGM), widow cleansing, forced marriage and forced prostitution. In other words, culture is often seen as an obstacle to the enjoyment of human rights by women. The report by the Special Rapporteur called ‘Enjoyment of cultural rights by women on an equal basis with men’shows that, but it also focuses on a more positive role of culture for women. Culture is not only an impediment to, but also an important instrument for, the realization of their human rights. This report thereby fits in the more general approach taken by the Special Rapporteur to emphasize the importance of cultural rights for the enjoyment of other human rights. The title of the report suggests that it is mainly about the equal enjoyment of cultural rights by women and men.
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URL: http://www.austlii.edu.au/au/journals/ELECD/2017/1429.html