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Gender-based violence against women, updating general recommendation No. 19 2017, para. 25
- Paragraph text
- In addition, both international humanitarian law and human rights law have recognized the direct obligations of non-State actors in specific circumstances, including as parties to an armed conflict. Those obligations include the prohibition of torture, which is part of customary international law and has become a peremptory norm (jus cogens).
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 24a
- Paragraph text
- [Under general international law, as well as under international treaties, acts or omissions of a private actor may engage the international responsibility of the State in certain cases, which include the following:] [Acts or omissions by non-State actors attributable to the State] The acts or omissions of private actors empowered by the law of that State to exercise elements of governmental authority, including private bodies providing public services, such as health care or education, or operating places of detention, are considered acts attributable to the State itself, as are the acts or omissions of private agents acting on the instruction or under the direction or control of that State, including when operating abroad;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 8
- Paragraph text
- The present general recommendation complements and updates the guidance to States parties set out in general recommendation No. 19 and should be read in conjunction with it.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 29d
- Paragraph text
- [The Committee recommends that States parties implement the following legislative measures:] Examine gender-neutral laws and policies to ensure that they do not create or perpetuate existing inequalities and repeal or modify them if they do so;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Women’s access to justice 2015, para. 68a
- Paragraph text
- [The Committee recommends that States parties:] The Committee recommends that States parties:Ratify the Optional Protocol;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Women
- Year
- 2015
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 55n
- 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 includes provisions on regular evaluation and monitoring, including in relation to implementation, enforcement and follow-up;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 69d
- Paragraph text
- [The Committees recommend that the States parties to the Conventions:] Ensure that schools provide age-appropriate information on sexual and reproductive health and rights, including in relation to gender relations and responsible sexual behaviour, HIV prevention, nutrition and protection from violence and harmful practices;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Health
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 87b
- Paragraph text
- [The Committees recommend that the States parties to the Conventions:] Establish a free, 24-hour hotline that is staffed by trained counsellors, to enable victims to report instances when a harmful practice is likely to occur or has occurred, and provide referral to needed services and accurate information about harmful practices;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 39a
- Paragraph text
- [The Committees recommend that the States parties to the Conventions:] Accord priority to the regular collection, analysis, dissemination and use of quantitative and qualitative data on harmful practices disaggregated by sex, age, geographical location, socioeconomic status, education level and other key factors and ensure that such activities are adequately resourced. Regular data collection systems should be established and/or maintained in the health-care and social services, education and judicial and law enforcement sectors on protection-related issues;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Harmful Practices
- Health
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 39b
- Paragraph text
- [The Committees recommend that the States parties to the Conventions:] Collect data through the use of national demographic and indicator surveys and censuses, which may be supplemented by data from nationally representative household surveys. Qualitative research should be conducted through focus group discussions, in-depth key informant interviews with a wide variety of stakeholders, structured observations, social mapping and other appropriate methodologies.
- 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
- N.A.
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 45
- Paragraph text
- The full and inclusive participation of relevant stakeholders in the drafting of legislation against harmful practices can ensure that the primary concerns relating to the practices are accurately identified and addressed. Engaging with and soliciting input from practising communities, other relevant stakeholders and members of civil society is central to this process. Care should be taken, however, to ensure that prevailing attitudes and social norms that support harmful practices do not weaken efforts to enact and enforce legislation.
- 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
- All
- N.A.
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 79
- Paragraph text
- Community-based and mainstream media can be important partners in awareness-raising and outreach regarding the elimination of harmful practices, including through joint initiatives with Governments to host debates or talk shows, prepare and screen documentaries and develop educational programmes for radio and television. The Internet and social media can also be valuable tools for providing information and opportunities for debate, while mobile telephones are increasingly being used to convey messages and engage with people of all ages. Community-based media can serve as a useful forum for information and dialogue and may include radio, street theatre, music, art, poetry and puppetry.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Harmful Practices
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 2
- Paragraph text
- The objective of the present joint general recommendation/general comment is to clarify the obligations of States parties to the Conventions by providing authoritative guidance on legislative, policy and other appropriate measures that must be taken to ensure full compliance with their obligations under the Conventions to eliminate harmful practices.
- 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
- N.A.
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 81g
- Paragraph text
- [The Committees recommend that the States parties to the Conventions:] Build or reinforce effective partnerships with the mainstream media to support the implementation of awareness-raising programmes and promote public discussions and encourage the creation and observance of self-regulatory mechanisms that respect the privacy of individuals.
- 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
- N.A.
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 55a
- 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 process of drafting legislation is fully inclusive and participatory. For that purpose, they should conduct targeted advocacy and awareness-raising and use social mobilization measures to generate broad public knowledge of and support for the drafting, adoption, dissemination and implementation of the legislation;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 55b
- 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 is in full compliance with the relevant obligations outlined in the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child and other international human rights standards that prohibit harmful practices and that it takes precedence over customary, traditional or religious laws that allow, condone or prescribe any harmful practice, especially in countries with plural legal systems;
- 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
- N.A.
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 55c
- 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 they repeal without further delay all legislation that condones, allows or leads to harmful practices, including traditional, customary or religious laws and any legislation that accepts the defence of honour as a defence or mitigating factor in the commission of crimes in the name of so called honour;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 55d
- 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 is consistent and comprehensive and provides detailed guidance on prevention, protection, support and follow-up services and assistance for victims, including towards their physical and psychological recovery and social reintegration, and is complemented by adequate civil and/or administrative legislative provisions;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 50
- Paragraph text
- Where medical professionals or government employees or civil servants are involved or complicit in carrying out harmful practices, their status and responsibility, including to report, should be seen as an aggravating circumstance in the determination of criminal sanctions or administrative sanctions such as loss of a professional licence or termination of contract, which should be preceded by the issuance of warnings. Systematic training for relevant professionals is considered to be an effective preventive measure in this regard.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Health
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 81f
- Paragraph text
- [The Committees recommend that the States parties to the Conventions:] Initiate public discussions to prevent and promote the elimination of harmful practices, by engaging all relevant stakeholders in the preparation and implementation of the measures, including local leaders, practitioners, grass-roots organizations and religious communities. The activities should affirm the positive cultural principles of a community that are consistent with human rights and include information on experiences of successful elimination by formerly practising communities with similar backgrounds;
- 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
- N.A.
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 12
- Paragraph text
- The Conventions outline the obligations of States parties to establish a well-defined legal framework in order to ensure the protection and promotion of human rights. An important first step in doing so is through the incorporation of the instruments into national legal frameworks. Both Committees stress that legislation aimed at eliminating harmful practices must include appropriate budgeting, implementing, monitoring and effective enforcement measures.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 58
- Paragraph text
- Social norms are interconnected, meaning that harmful practices cannot be addressed in isolation, but within a broader context based on a comprehensive understanding of how the practices are linked to other cultural and social norms and other practices. This indicates the need to adopt a rights-based approach that is founded on recognition that rights are indivisible and interdependent.
- 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
- N.A.
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 36
- Paragraph text
- Strategies aimed at eliminating harmful practices also need to involve a wide range of other stakeholders, including national independent human rights institutions, health, education and law enforcement professionals, members of civil society and those who engage in the practices.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Harmful Practices
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 73a
- Paragraph text
- [The Committees recommend that the States parties to the Conventions:] Provide all relevant front-line professionals with information on harmful practices and applicable human rights norms and standards and ensure that they are adequately trained to prevent, identify and respond to incidents of harmful practices, including mitigating negative effects for victims and helping them to gain access to remedies and appropriate services;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 87c
- Paragraph text
- [The Committees recommend that the States parties to the Conventions:] Develop and implement capacity-building programmes on their role in protection for judicial officers, including judges, lawyers, prosecutors and all relevant stakeholders, on legislation prohibiting discrimination and on applying laws in a gender-sensitive and age-sensitive manner in conformity with the Conventions;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 16a
- Paragraph text
- [For the purposes of the present joint general recommendation/general comment, practices should meet the following criteria to be regarded as harmful:] They constitute a denial of the dignity and/or integrity of the individual and a violation of the human rights and fundamental freedoms enshrined in the two Conventions;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 51
- Paragraph text
- Although criminal law sanctions must be consistently enforced in ways that contribute to the prevention and elimination of harmful practices, States parties must also take into account the potential threats to and negative impact on victims, including acts of retaliation.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 81a
- Paragraph text
- [The Committees recommend that the States parties to the Conventions:] Develop and adopt comprehensive awareness-raising programmes to challenge and change cultural and social attitudes, traditions and customs that underlie forms of behaviour that perpetuate harmful practices;
- 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
- N.A.
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 81d
- Paragraph text
- [The Committees recommend that the States parties to the Conventions:] Ensure that awareness-raising programmes targeting State structures engage decision makers and all relevant programmatic staff and key professionals working within local and national government and government agencies;
- 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
- N.A.
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 81e
- Paragraph text
- [The Committees recommend that the States parties to the Conventions:] Ensure that personnel of national human rights institutions are fully aware and sensitized to the human rights implications of harmful practices within the State party and that they receive support to promote the elimination of those practices;
- 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
- N.A.
- Year
- 2014
Paragraph