CHAPTER 5: NHRIS, HUMAN DEVELOPMENT AND DEMOCRATIC GOVERNANCE
rights, and women’s issues, specifically addressing the
role of NHRIs in matters of tradition, history and culture:
It is in this framework of interdependence and careful
weighing of relative rights and obligations that NHRIs
should address cultural issues in the context of women’s
equality rights and ESC rights in particular. [Women’s]
inequality …is deeply embedded in tradition, history and
culture, including religious attitudes… The subordinate
role of women in some countries is illustrated by the high
incidence of prenatal sex selection and abortion of female
foetuses. States parties should ensure that traditional,
historical, religious or cultural attitudes are not used to
justify violations of women’s right[s]. States parties should
furnish appropriate information on those aspects of tradition, history, cultural practices and religious attitudes
which jeopardize, or may jeopardize, compliance with
Article 3 [of the ICCPR], and indicate what measures they
have taken or intend to take to overcome such factors.
(CCPR Human Rights Committee, General Comment No. 28: Equality of
rights between men and women (Article 3) (29/03/2000. CCPR/C/21/
Rev.1/Add.10, General Comment No. 28).
11 Fribourg Declaration (2007)
Women’s active participation in the interpretation
of culture was affirmed by an international group of
experts in the Fribourg Declaration on Cultural Rights.
Women should have an active role in interpreting and
communicating their own traditions and cultural perspectives, and to ensure that their voices are given equal
weight in understanding history, religion and tradition.
Culture and equality can be balanced, rather than placed
in opposition. In an equality framework, women are part
of the process of defining the delivery of social rights in
a culturally sensitive way.
NHRIs have an important role in addressing these changes
and social attitudes through public education and promotion programs, as well as through their protection
mandate. UNCTs can, in turn, support NHRIs by providing
NHRIs with basic information about the above documents
and their implications for human rights.
Despite their interrelatedness, the links between equality
and culture – one of the most difficult issues, especially
where women’s issues are concerned – received little
attention, at least until the early nineties. This has been
changing, however, as NHRIs have sought to reframe the
issues so as to draw on context and local realities to find
innovative solutions to traditional problems, and developed new theoretical perspectives on the topic. NHRIs
are playing an important role in navigating these difficult waters. The following case study demonstrates how
the Kenya National Commission on Human Rights used a
strategy that treated culture as an opportunity for reform
rather than an obstacle to progress.
CASE STUDY: KENYA NATIONAL COMMISSION ON HUMAN RIGHTS16
Conventional wisdom views cultural practices as a key obstacle to the realization of human rights. But recent work
of the Kenya National Commission on Human Rights (KNCHR) demonstrates that in fact many traditional cultures
had systems that ensured the protection and care of the most vulnerable members of society such as widows and
orphans. These structures and systems have over the years been ignored or manipulated in ways that perpetuate
human rights violations.
The KNCHR believed there to be a need to revive and encourage cultural structures and practices that can be used
to protect the vulnerable in society, especially women and children. There is need to breathe life into known but
little used alternative methods and traditional cultural safety nets, which have since time immemorial been used
to redress disputes and prevent human rights violations.
Using cultural frameworks to address human rights and development is imperative: in spite of the protection
offered by national laws and formal institutions, many vulnerable members of society are unable to seek redress
from the mainstream legal justice system in their claim for their rights. The formal legal system has by and large
worked to the detriment of the vulnerable in society in regard to the protection and enforcement of their human
rights. In the case of land for example, which is so critical to securing livelihoods, women’s share of land ownership
is a meagre 5%.
This section is adapted from Equality for Women: A Handbook for NHRIs on Economic, Social and Cultural Rights. Equitas (2008).
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