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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
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. 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. 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. 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. 74
- Paragraph text
- To challenge sociocultural norms and attitudes that underlie harmful practices, including male-dominated power structures, sex- and gender-based discrimination and age hierarchies, both Committees regularly recommend that States parties undertake comprehensive public information and awareness-raising campaigns that are part of long-term strategies to eliminate 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. 89
- Paragraph text
- States parties should include in their reports under the Conventions information about the nature and extent of attitudes, customs and social norms that perpetuate harmful practices and on the measures guided by the present joint general recommendation/general comment that they have implemented and the effects thereof.
- 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. 43
- Paragraph text
- In States parties with plural legal systems, even where laws explicitly prohibit harmful practices, prohibition may not be enforced effectively because the existence of customary, traditional or religious laws may actually support those practices.
- 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. 47
- Paragraph text
- Cultural groups engaged in harmful practices may contribute to spreading such practices across national boundaries. Where this occurs, appropriate measures are needed to contain the spread.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 38
- Paragraph text
- Such recognition notwithstanding, disaggregated data on harmful practices remain limited and are seldom comparable by country and over time, resulting in limited understanding of the extent and evolution of the problem and identification of adequately tailored and targeted measures.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 41
- Paragraph text
- The enactment of legislation alone is, however, insufficient to combat harmful practices effectively. In accordance with the requirements of due diligence, legislation must therefore be supplemented with a comprehensive set of measures to facilitate its implementation, enforcement and follow-up and monitoring and evaluation of the results achieved.
- 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. 10
- Paragraph text
- Although the issue of harmful practices was less known at the time of drafting of the Conventions, both include provisions that cover harmful practices as human rights violations and oblige States parties to take steps to ensure that they are prevented and eliminated. In addition, the Committees have increasingly tackled the issue when examining States parties' reports, in the ensuing dialogue with States parties and in their concluding observations. The issue has been further developed by the Committees in their general recommendations and general comments.
- 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. 33
- Paragraph text
- In both instances, the effective prevention and elimination of harmful practices require the establishment of a well-defined, rights-based and locally relevant holistic strategy that includes supportive legal and policy measures, including social measures that are combined with commensurate political commitment and accountability at all levels. The obligations outlined in the Conventions provide the basis for the development of a holistic strategy to eliminate harmful practices, the elements of which are set out herein.
- 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. 80
- Paragraph text
- In States parties with effective and enforced legislation against harmful practices, there is a risk that practising communities will go into hiding or go abroad to carry out the practices. States parties hosting practising communities should support awareness-raising campaigns regarding the harmful impact on the victims or those at risk, as well as the legal implications of the violation, while at the same time preventing discrimination and stigma against those communities. To this end, steps should be taken to facilitate the social integration of such communities.
- 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. 90d
- Paragraph text
- [States parties are encouraged to ratify the following instruments:] Optional Protocol to the Convention on the Rights of the Child on a communications procedure.
- 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
Women in conflict prevention, conflict and post-conflict situations 2013, para. 14
- Paragraph text
- State responsibility under the Convention also arises if a non-State actor's acts or omission may be attributed to the State under international law. When a State party is acting as a member of an international organization in conflict prevention, conflict or post-conflict processes, the State party remains responsible for its obligations under the Convention within its territory and extraterritorially and also has a responsibility to adopt measures to ensure that the policies and decisions of those organizations conform to its obligations under the Convention.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Women
- Year
- 2013
Paragraph
Women in conflict prevention, conflict and post-conflict situations 2013, para. 25
- Paragraph text
- The Committee recognizes that the various thematic resolutions of the Security Council, in particular 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013) and 2122 (2013), in addition to resolutions such as 1983 (2011), which provides specific guidance on the impact of HIV and AIDS on women in conflict and post-conflict contexts, are crucial political frameworks for advancing advocacy regarding women, peace and security.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Health
- Humanitarian
- Person(s) affected
- N.A.
- Women
- Year
- 2013
Paragraph
Women in conflict prevention, conflict and post-conflict situations 2013, para. 86
- Paragraph text
- Pursuant to article 22 of the Convention, the Committee invites specialized agencies to submit reports on the implementation of the Convention in conflict prevention, conflict and post-conflict settings.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Women
- Year
- 2013
Paragraph
Core obligations of States parties under article 2 2010, para. 29
- Paragraph text
- The words "without delay" make it clear that the obligation of States parties to pursue their policy, by all appropriate means, is of an immediate nature. This language is unqualified, and does not allow for any delayed or purposely chosen incremental implementation of the obligations that States assume upon ratification of or accession to the Convention. It follows that a delay cannot be justified on any grounds, including political, social, cultural, religious, economic, resource or other considerations or constraints within the State. Where a State party is facing resource constraints or needs technical or other expertise to facilitate the implementation of its obligations under the Convention, it may be incumbent upon it to seek international cooperation in order to overcome these difficulties.
- 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
- 2010
Paragraph
Core obligations of States parties under article 2 2010, para. 25
- Paragraph text
- The policy must be comprehensive in that it should apply to all fields of life, including those which are not explicitly mentioned in the text of the Convention. It must apply to both public and private economic spheres, as well as to the domestic sphere, and ensure that all branches of Government (executive, legislative and judicial branches) and all levels of Government assume their respective responsibilities for implementation. It should incorporate the entire range of measures that are appropriate and necessary in the particular circumstances of the State party.
- 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
- 2010
Paragraph
Core obligations of States parties under article 2 2010, para. 33
- Paragraph text
- According to subparagraph (c), States parties must ensure that courts are bound to apply the principle of equality as embodied in the Convention and to interpret the law, to the maximum extent possible, in line with the obligations of States parties under the Convention. However, where it is not possible to do so, courts should draw any inconsistency between national law, including national religious and customary laws, and the State party's obligations under the Convention to the attention of the appropriate authorities, since domestic laws may never be used as justification for failures by States parties to carry out their international obligations.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Core obligations of States parties under article 2 2010, para. 6
- Paragraph text
- Article 2 is crucial to the full implementation of the Convention, since it identifies the nature of the general legal obligations of States parties. The obligations enshrined in article 2 are inextricably linked with all other substantive provisions of the Convention, as States parties have the obligation to ensure that all the rights enshrined in the Convention are fully respected at the national level.
- 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
- 2010
Paragraph