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Harmful practices (joint General Recommendation with CRC) 2014, para. 55e
- Paragraph text
- [The Committees recommend that the States parties to the Conventions adopt or amend legislation with a view to effectively addressing and eliminating harmful practices. In doing so, they should ensure:] That the legislation adequately addresses, including by providing the basis for the adoption of temporary special measures, the root causes of harmful practices, including discrimination on the basis of sex, gender, age and other intersecting factors, focuses on the human rights and needs of the victims and fully takes into account the best interests of children and women;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- Children
- Women
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Rights of rural women 2016, para. 23
- Paragraph text
- In line with general recommendation No. 31 (2014) on harmful practices, States parties should eliminate harmful practices, including child and/or forced marriage, female genital mutilation and the inheritance of ancestral debt, which negatively affect the health, well-being and dignity of rural women and girls. They should eliminate discriminatory stereotypes, including those that compromise the equal rights of rural women to land, water and other natural resources. In this regard, States parties should adopt a range of measures, including outreach and support programmes, awareness-raising and media campaigns, in collaboration with traditional leaders and civil society, to eliminate harmful practices and stereotypes.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Girls
- Women
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 81b
- Paragraph text
- [The Committees recommend that the States parties to the Conventions:] Ensure that awareness-raising programmes provide accurate information and clear and unified messages from trusted sources about the negative impact of harmful practices on women, children, in particular girls, their families and society at large. Such programmes should include social media, the Internet and community communication and dissemination tools;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Female circumcision 1990, para. (a) iii
- Paragraph text
- [Recommends to States parties:] That States parties take appropriate and effective measures with a view to eradicating the practice of female circumcision. Such measures could include: The encouragement of politicians, professionals, religious and community leaders at all levels including the media and the arts to cooperate in influencing attitudes towards the eradication of female circumcision;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 1990
- Paragraph type
- Conclusion / Recommendation
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 60
- Paragraph text
- The Committees recommend that the States parties to the Conventions ensure that any efforts undertaken to tackle harmful practices and to challenge and change underlying social norms are holistic, community based and founded on a rights-based approach that includes the active participation of all relevant stakeholders, especially women and girls.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Girls
- Women
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 55i
- Paragraph text
- [The Committees recommend that the States parties to the Conventions adopt or amend legislation with a view to effectively addressing and eliminating harmful practices. In doing so, they should ensure:] That national human rights institutions are mandated to consider individual complaints and petitions and carry out investigations, including those submitted on behalf of or directly by women and children, in a confidential, gender-sensitive and child-friendly manner;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Children
- Women
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 55o
- Paragraph text
- [The Committees recommend that the States parties to the Conventions adopt or amend legislation with a view to effectively addressing and eliminating harmful practices. In doing so, they should ensure:] That women and children subjected to harmful practices have equal access to justice, including by addressing legal and practical barriers to initiating legal proceedings, such as the limitation period, and that the perpetrators and those who aid or condone such practices are held accountable;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- Children
- Women
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 73d
- Paragraph text
- [The Committees recommend that the States parties to the Conventions:] Conduct specialized awareness and training programmes for health-care providers working with immigrant communities to address the unique health-care needs of children and women who have undergone female genital mutilation or other harmful practices and provide specialized training also for professionals within child welfare services and services focused on the rights of women and the education and police and justice sectors, politicians and media personnel working with migrant girls and women.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Health
- Person(s) affected
- Children
- Girls
- Persons on the move
- Women
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 55j
- Paragraph text
- [The Committees recommend that the States parties to the Conventions adopt or amend legislation with a view to effectively addressing and eliminating harmful practices. In doing so, they should ensure:] That it is made mandatory by law for professionals and institutions working for and with children and women to report actual incidents or the risk of such incidents if they have reasonable grounds to believe that a harmful practice has occurred or may occur. Mandatory reporting responsibilities should ensure the protection of the privacy and confidentiality of those who report;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- Children
- Women
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Female circumcision 1990, para. (c)
- Paragraph text
- [Recommends to States parties:] That States parties invite assistance, information and advice from the appropriate organizations of the United Nations system to support and assist efforts being deployed to eliminate harmful traditional practices;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Harmful Practices
- Person(s) affected
- Women
- Year
- 1990
- Paragraph type
- Conclusion / Recommendation
Paragraph
Female circumcision 1990, para. (d)
- Paragraph text
- [Recommends to States parties:] That States parties include in their reports to the Committee under articles 10 and 12 of the Convention on the Elimination of All Forms of Discrimination against Women information about measures taken to eliminate female circumcision.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- Women
- Year
- 1990
- Paragraph type
- Conclusion / Recommendation
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 87a
- Paragraph text
- [The Committees recommend that the States parties to the Conventions:] Ensure that protection services are mandated and adequately resourced to provide all necessary prevention and protection services to children and women who are, or are at high risk of becoming, victims of harmful practices;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Children
- Women
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Female circumcision 1990, para. (a) i
- Paragraph text
- [Recommends to States parties:] That States parties take appropriate and effective measures with a view to eradicating the practice of female circumcision. Such measures could include: The collection and dissemination by universities, medical or nursing associations, national women's organizations or other bodies of basic data about such traditional practices;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Harmful Practices
- Person(s) affected
- Women
- Year
- 1990
- Paragraph type
- Conclusion / Recommendation
Paragraph
Female circumcision 1990, para. (a) ii
- Paragraph text
- [Recommends to States parties:] That States parties take appropriate and effective measures with a view to eradicating the practice of female circumcision. Such measures could include: The support of women's organizations at the national and local levels working for the elimination of female circumcision and other practices harmful to women;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- Women
- Year
- 1990
- Paragraph type
- Conclusion / Recommendation
Paragraph
Violence against women 1992, para. 24l
- Paragraph text
- [In light of these comments, the Committee on the Elimination of Discrimination against Women recommends:] States parties should take measures to overcome such practices and should take account of the Committee's recommendation on female circumcision (recommendation No. 14) in reporting on health issues;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Harmful Practices
- Health
- Person(s) affected
- Women
- Year
- 1992
- Paragraph type
- Conclusion / Recommendation
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 69f
- Paragraph text
- [The Committees recommend that the States parties to the Conventions:] Engage men and boys in creating an enabling environment that supports the empowerment of women and girls.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Harmful Practices
- Person(s) affected
- Boys
- Girls
- Men
- Women
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Equality in marriage and family relations 1994, para. 42
- Paragraph text
- Many of these countries hold a belief in the patriarchal structure of a family which places a father, husband or son in a favourable position. In some countries where fundamentalist or other extremist views or economic hardships have encouraged a return to old values and traditions, women's place in the family has deteriorated sharply. In others, where it has been recognized that a modern society depends for its economic advance and for the general good of the community on involving all adults equally, regardless of gender, these taboos and reactionary or extremist ideas have progressively been discouraged.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Families
- Women
- Year
- 1994
- Paragraph type
- Conclusion / Recommendation
Paragraph
Rights of rural women 2016, para. 34
- Paragraph text
- States parties should take steps to prevent and prohibit child and/or forced marriage among rural women and girls, including through the reform and enforcement of laws prohibiting such practices in rural areas, media campaigns, particularly aimed at raising the awareness of men, the provision of school-based prevention programmes, including comprehensive age-appropriate sexual and reproductive health education, as well as the provision of social and health services for rural married girls and girls at risk of child and/or forced marriage. In addition, States parties should discourage and prohibit the practice of polygamy, which may be more common in rural areas.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Harmful Practices
- Person(s) affected
- Children
- Girls
- Men
- Women
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Violence against women 1992, para. 11
- Paragraph text
- Traditional attitudes by which women are regarded as subordinate to men or as having stereotyped roles perpetuate widespread practices involving violence or coercion, such as family violence and abuse, forced marriage, dowry deaths, acid attacks and female circumcision. Such prejudices and practices may justify gender-based violence as a form of protection or control of women. The effect of such violence on the physical and mental integrity of women is to deprive them of the equal enjoyment, exercise and knowledge of human rights and fundamental freedoms. While this comment addresses mainly actual or threatened violence the underlying consequences of these forms of gender-based violence help to maintain women in subordinate roles and contribute to their low level of political participation and to their lower level of education, skills and work opportunities.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Harmful Practices
- Violence
- Person(s) affected
- Men
- Women
- Year
- 1992
- Paragraph type
- Other
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 35
- Paragraph text
- The implementation of any holistic strategy necessarily requires the provision of adequate organizational, human, technical and financial resources that are supplemented with appropriate measures and tools, such as regulations, policies, plans and budgets. In addition, States parties are obliged to ensure that an independent monitoring mechanism is in place to track progress in protecting women and children from harmful practices and in realizing their rights.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- Children
- Women
- Year
- 2014
- Paragraph type
- Other
Paragraph
Equality in marriage and family relations 1994, para. 17
- Paragraph text
- An examination of States parties' reports discloses that many countries in their legal systems provide for the rights and responsibilities of married partners by relying on the application of common law principles, religious or customary law, rather than by complying with the principles contained in the Convention. These variations in law and practice relating to marriage have wide-ranging consequences for women, invariably restricting their rights to equal status and responsibility within marriage. Such limitations often result in the husband being accorded the status of head of household and primary decision maker and therefore contravene the provisions of the Convention.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 1994
- Paragraph type
- Other
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 33
- Paragraph text
- In general recommendation No. 21, paragraph 16, the Committee notes that some State parties "allow marriage to be arranged for payment or preferment", which is a violation of a woman's right to freely choose her spouse. "Payment or preferment" refers to transactions in which cash, goods or livestock are given to the bride or her family by the groom or his family, or when a similar payment is made by the bride or her family to the groom or his family. This practice should not be in any way required in order for a marriage to be valid, and such agreements should not be recognized by the State party as enforceable.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2013
- Paragraph type
- Other
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 21
- Paragraph text
- Some States parties that recognize polygamous marriages, under either religious or customary law, also provide for civil marriage, monogamous by definition. Where civil marriage is not provided for, women in communities that practice polygamy may have no choice but to enter into a marriage that is at least potentially, if not already, polygamous, regardless of their wishes. The Committee concluded in general recommendation No. 21 that polygamy is contrary to the Convention and must be "discouraged and prohibited".
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2013
- Paragraph type
- Other
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 26
- Paragraph text
- States parties should establish a legal requirement of marriage registration and conduct effective awareness-raising activities to that effect. They must provide for implementation through education about the requirements and provide infrastructure to make registration accessible to all persons within their jurisdiction. States parties should provide for establishing proof of marriage by means other than registration where circumstances warrant. The State must protect the rights of women in such marriages, regardless of their registration status.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Families
- Women
- Year
- 2013
- Paragraph type
- Other
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 27
- Paragraph text
- The Committee reaffirms paragraph 14 of its general recommendation No. 21, which states that "polygamous marriage contravenes a woman's right to equality with men, and can have such serious emotional and financial consequences for her and her dependants that such marriages ought to be discouraged and prohibited". Since the adoption of this general recommendation, the Committee has consistently noted with concern the persistence of polygamous marriages in many States parties. In its concluding observations, the Committee has pointed to the grave ramifications of polygamy for the human rights and economic well-being of women and their children, and has consistently called for its abolition.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Families
- Men
- Women
- Year
- 2013
- Paragraph type
- Other
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 14
- Paragraph text
- Given that the requirement to effectively address harmful practices is among the core obligations of States parties under the two Conventions, reservations to the relevant articles, which have the effect of broadly limiting or qualifying the obligations of States parties to respect, protect and fulfil the rights of women and children to live free from harmful practices, are incompatible with the object and purpose of the two Conventions and impermissible pursuant to article 28 (2) of the Convention on the Elimination of All Forms of Discrimination against Women and article 51 (2) of the Convention on the Rights of the Child.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Children
- Women
- Year
- 2014
- Paragraph type
- Other
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 15
- Paragraph text
- Harmful practices are persistent practices and forms of behaviour that are grounded in discrimination on the basis of, among other things, sex, gender and age, in addition to multiple and/or intersecting forms of discrimination that often involve violence and cause physical and/or psychological harm or suffering. The harm that such practices cause to the victims surpasses the immediate physical and mental consequences and often has the purpose or effect of impairing the recognition, enjoyment and exercise of the human rights and fundamental freedoms of women and children. There is also a negative impact on their dignity, physical, psychosocial and moral integrity and development, participation, health, education and economic and social status. The practices are therefore reflected in the work of both Committees.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Children
- Women
- Year
- 2014
- Paragraph type
- Other
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 37
- Paragraph text
- The regular and comprehensive collection, analysis, dissemination and use of quantitative and qualitative data are crucial to ensuring effective policies, developing appropriate strategies and formulating actions, as well as evaluating impacts, monitoring progress achieved towards the elimination of harmful practices and identifying re-emerging and emerging harmful practices. The availability of data allows for the examination of trends and enables the establishment of the relevant connections between policies and effective programme implementation by State and non-State actors and the corresponding changes in attitudes, forms of behaviour, practices and prevalence rates. Data disaggregated by sex, age, geographical location, socioeconomic status, education level and other key factors are central to the identification of high-risk and disadvantaged groups of women and children, which will guide policy formulation and action to address harmful practices.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- Children
- Women
- Year
- 2014
- Paragraph type
- Other
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 46
- Paragraph text
- Many States parties have taken steps to decentralize government power through devolution and delegation, but this should not reduce or negate the obligation to enact legislation that prohibits harmful practices and is applicable throughout their jurisdiction. Safeguards must be put in place to ensure that decentralization or devolution does not lead to discrimination with regard to protection of women and children against harmful practices in different regions and cultural zones. Devolved authorities need to be equipped with the human, financial, technical and other resources necessary to effectively enforce legislation that aims to eliminate harmful practices.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Children
- Women
- Year
- 2014
- Paragraph type
- Other
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 42
- Paragraph text
- Contrary to their obligations under both Conventions, many States parties maintain legal provisions that justify, allow or lead to harmful practices, such as legislation that allows for child marriage, provides the defence of so-called honour as an exculpatory or mitigating factor for crimes committed against girls and women or enables a perpetrator of rape and/or other sexual crimes to avoid sanctions by marrying the victim.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2014
- Paragraph type
- Other
Paragraph