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Adolescents and youth 2012, para. 9
- Paragraph text
- Urges all States to develop, adopt and fully implement laws and to take other measures, such as policies and educational programmes, as appropriate, to eradicate harmful practices, including female genital mutilation and early and forced marriage, which are violations of the human rights of women and girls, and to intensify efforts, in cooperation with local women's and youth groups, to raise collective and individual awareness on how such harmful practices violate the human rights of women and girls;
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Education
- Harmful Practices
- Person(s) affected
- Adolescents
- Girls
- Women
- Youth
- Year
- 2012
Paragraph
African Youth Charter 2006, para. 1l
- Paragraph text
- 1. States Parties acknowledge the need to eliminate discrimination against girls and young women according to obligations stipulated in various international, regional and national human rights conventions and instruments designed to protect and promote women's rights. In this regard, they shall: l) Enact and enforce legislation that protect girls and young women from all forms of violence, genital mutilation, incest, rape, sexual abuse, sexual exploitation, trafficking, prostitution and pornography;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Gender
- Harmful Practices
- Violence
- Person(s) affected
- Girls
- Women
- Youth
- Year
- 2006
Paragraph
Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 11
- Paragraph text
- To assess compliance with article 7 of the Covenant, as well as with article 24, which mandates special protection for children, the Committee needs to be provided information on national laws and practice with regard to domestic and other types of violence against women, including rape. It also needs to know whether the State party gives access to safe abortion to women who have become pregnant as a result of rape. The States parties should also provide the Committee with information on measures to prevent forced abortion or forced sterilization. In States parties where the practice of genital mutilation exists information on its extent and on measures to eliminate it should be provided. The information provided by States parties on all these issues should include measures of protection, including legal remedies, for women whose rights under article 7 have been violated.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- Children
- Men
- Women
- Year
- 2000
Paragraph
Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 23
- Paragraph text
- States are required to treat men and women equally in regard to marriage in accordance with article 23, which has been elaborated further by general comment No. 19 (1990). Men and women have the right to enter into marriage only with their free and full consent, and States have an obligation to protect the enjoyment of this right on an equal basis. Many factors may prevent women from being able to make the decision to marry freely. One factor relates to the minimum age for marriage. That age should be set by the State on the basis of equal criteria for men and women. These criteria should ensure women's capacity to make an informed and uncoerced decision. A second factor in some States may be that either by statutory or customary law a guardian, who is generally male, consents to the marriage instead of the woman herself, thereby preventing women from exercising a free choice.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Men
- Women
- Year
- 2000
Paragraph
Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 24
- Paragraph text
- Another factor that may affect women's right to marry only when they have given free and full consent is the existence of social attitudes which tend to marginalize women victims of rape and put pressure on them to agree to marriage. A woman's free and full consent to marriage may also be undermined by laws which allow the rapist to have his criminal responsibility extinguished or mitigated if he marries the victim. States parties should indicate whether marrying the victim extinguishes or mitigates criminal responsibility and, in the case in which the victim is a minor, whether the rape reduces the marriageable age of the victim, particularly in societies where rape victims have to endure marginalization from society. A different aspect of the right to marry may be affected when States impose restrictions on remarriage by women that are not imposed on men. Also, the right to choose one's spouse may be restricted by laws or practices that prevent the marriage of a woman of a particular religion to a man who professes no religion or a different religion. States should provide information on these laws and practices and on the measures taken to abolish the laws and eradicate the practices which undermine the right of women to marry only when they have given free and full consent. It should also be noted that equality of treatment with regard to the right to marry implies that polygamy is incompatible with this principle. Polygamy violates the dignity of women. It is an inadmissible discrimination against women. Consequently, it should be definitely abolished wherever it continues to exist.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Violence
- Person(s) affected
- Women
- Year
- 2000
Paragraph
Assessment of the status of implementation of the Programme of Action of the International Conference on Population and Development 2014, para. 13
- Paragraph text
- Expresses deep concern about the pervasiveness of gender-based violence, in particular violence against women and girls, and reiterates the need to further intensify efforts to prevent and eliminate all forms of violence against women and girls and harmful practices, including child, early and forced marriage and female genital mutilation, and recognizes that violence against women and girls is one of the obstacles to achieving the empowerment of women and that women's poverty and lack of political, social and economic empowerment, as well as their marginalization, may result from their exclusion from social policies for and the benefits of sustainable development and can place them at increased risk of violence;
- Body
- Commission on Population and Development
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Gender
- Harmful Practices
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2014
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 46
- Paragraph text
- International and regional human rights bodies have begun to recognize that abuse and mistreatment of women seeking reproductive health services can cause tremendous and lasting physical and emotional suffering, inflicted on the basis of gender. Examples of such violations include abusive treatment and humiliation in institutional settings; involuntary sterilization; denial of legally available health services such as abortion and post-abortion care; forced abortions and sterilizations; female genital mutilation; violations of medical secrecy and confidentiality in health-care settings, such as denunciations of women by medical personnel when evidence of illegal abortion is found; and the practice of attempting to obtain confessions as a condition of potentially life-saving medical treatment after abortion.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Violence
- Person(s) affected
- Women
- Year
- 2013
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 48
- Paragraph text
- Some women may experience multiple forms of discrimination on the basis of their sex and other status or identity. Targeting ethnic and racial minorities, women from marginalized communities and women with disabilities for involuntary sterilization because of discriminatory notions that they are "unfit" to bear children is an increasingly global problem. Forced sterilization is an act of violence, a form of social control, and a violation of the right to be free from torture and other cruel, inhuman, or degrading treatment or punishment. The mandate has asserted that "forced abortions or sterilizations carried out by State officials in accordance with coercive family planning laws or policies may amount to torture".
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Health
- Violence
- Person(s) affected
- Children
- Persons with disabilities
- Women
- Year
- 2013
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 76
- Paragraph text
- The Pan American Health Organization (PAHO) has concluded that homophobic ill-treatment on the part of health professionals is unacceptable and should be proscribed and denounced. There is an abundance of accounts and testimonies of persons being denied medical treatment, subjected to verbal abuse and public humiliation, psychiatric evaluation, a variety of forced procedures such as sterilization, State-sponsored forcible anal examinations for the prosecution of suspected homosexual activities, and invasive virginity examinations conducted by health-care providers, hormone therapy and genital-normalizing surgeries under the guise of so called "reparative therapies". These procedures are rarely medically necessary, can cause scarring, loss of sexual sensation, pain, incontinence and lifelong depression and have also been criticized as being unscientific, potentially harmful and contributing to stigma (A/HRC/14/20, para. 23). The Committee on the Elimination of Discrimination against Women expressed concern about lesbian, bisexual, transgender and intersex women as "victims of abuses and mistreatment by health service providers" (A/HRC/19/41, para. 56).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Harmful Practices
- Health
- Person(s) affected
- LGBTQI+
- Women
- Year
- 2013
Paragraph
Challenges and achievements in the implementation of the Millennium Development Goals for women and girls 2014, para. 31
- Paragraph text
- The Commission welcomes international momentum to address the issue of child, early and forced marriage. The Commission recognizes that child, early and forced marriage is a harmful practice, and notes that its continued prevalence, among other factors, has slowed the achievement of several of the Millennium Development Goals for women and girls.
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Harmful Practices
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2014
Paragraph
Challenges and achievements in the implementation of the Millennium Development Goals for women and girls 2014, para. 42d
- Paragraph text
- [The Commission urges Governments, at all levels [...] to take the following actions:] [Realizing women's and girls' full enjoyment of all human rights]: Implement concrete and long-term measures to transform discriminatory social norms and gender stereotypes, including those that limit women's roles to being mothers and caregivers, and eliminate harmful practices including, inter alia, female genital mutilation and honour crimes, in order to achieve gender equality and women's and girls' empowerment and the full realization of the human rights of women and girls;
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Equality & Inclusion
- Gender
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Girls
- Women
- Year
- 2014
Paragraph
Challenges and achievements in the implementation of the Millennium Development Goals for women and girls 2014, para. 42m
- Paragraph text
- [The Commission urges Governments, at all levels [...] to take the following actions:] [Realizing women's and girls' full enjoyment of all human rights]: Eliminate all harmful practices, including child, early and forced marriage and female genital mutilation, by reviewing, adopting, enacting and enforcing laws and regulations that prohibit such practices, creating awareness around their harmful health consequences and generating social support for the enforcement of these laws;
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Harmful Practices
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2014
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 10
- Paragraph text
- Servile marriage and domestic servitude are two forms of contemporary slavery that disproportionately affect women and girls. In a previous report, the Special Rapporteur defined servile marriage as an arrangement "in which a spouse is reduced to a commodity over whom any or all the powers of ownership are attached" (A/HRC/21/41, summary). Practices such as polygamy and "bride price", especially when coupled with the prevalence of domestic violence, are possible indicators of servile marriage. Women's bodies are directly tied to a family's honour in many cultures, and if a girl refuses to marry, "she can be subject to character assassination or kidnapping by the man or his family to force her into marriage or to rape her" (ibid., para. 71). There is little to no legal protection for women in these situations in many countries. Some countries have gone so far as to enact legislation that acquits perpetrators of rape if they marry their victim. If a woman enters into a servile marriage, she essentially becomes a slave to her husband and his family.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 11
- Paragraph text
- Servile marriages are still practised today; for example, in Papua New Guinea. According to a 2012 report by The Projection Project, "women are victims of forced, fraudulent, servile, fraudulently brokered, and temporary marriages. Children may also become victims of exploitative marriage".
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
Paragraph
Closing the gap in international human rights law: lessons from three regional human rights systems on legal standards and practices regarding violence against women 2015, para. 43
- Paragraph text
- The Court has addressed cases of domestic violence, rape, honour-based violence, female genital mutilation, inhuman treatment in detention, violence in public places, servitude, forced sterilization, and abortion-related violence. Most cases involve violence that has already taken place, with the exception of cases of honour-based violence and female genital mutilation that deal with the right to non-refoulement, that is, with preventing the actual act of violence occurring. Article 2 (right to life), article 3 (prohibition of torture), article 8 (right to respect for private and family life), article 13 (right to an effective remedy) and article 14 (prohibition of discrimination) are relevant to cases of violence against women. However, complaints concerning violence against women are usually discussed under broad themes of whether the incidents constitute a violation of article 8, whether the violence reaches a certain threshold of severity under article 2, and whether the violence amounts to torture or inhuman or degrading treatment under article 3. The Court has often discussed cases of violence against women solely under article 8, and has refrained from considering the relevance of other articles.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Violence
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Comprehensive prevention strategies against sale and sexual exploitation of children 2013, para. 45
- Paragraph text
- A number of social practices are rooted in discrimination against women. Child marriage is entrenched in social and gender norms that significantly affect the well-being of girls.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2013
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 25
- Paragraph text
- The mandate has identified two main categories of violence against women in the family sphere: domestic violence and harmful and degrading practices that are violent to and/or subordinate women, whether justified on the basis of religious, customary or other societal laws and practices. The mandate has adopted a broad definition of the family that encompasses intimate-partner and interpersonal relationships, including non-cohabitating partners, previous partners and domestic workers.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2011
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 30
- Paragraph text
- Closely tied to domestic violence, practices that are harmful and degrading undermine the rights and status of women and girls and continue without systematic monitoring or punishment, despite the increasing existence of legal prohibitions. In some countries, early and forced marriage, polygamy and unregistered marriages continue to be of concern. The mandate considers these practices "aggravated factors" that increase vulnerability of women to violence. In Kyrgyzstan, the Special Rapporteur found correlation between early marriages (12.2 per cent of women) and unregistered marriages, on the one hand, and rising unemployment and feminization of poverty and the resurfacing of patriarchal traditions and religious conservatism, on the other. Early marriage contributes to high maternal mortality rates due to prolonged labour and other complications. Similarly, women living in unregistered marriages in Algeria experienced heightened vulnerability to violence and abuse and were reported to have difficulties in ending abusive relationships due to lack of support, alternative housing and legal protection. Despite legal restrictions in regard to polygamy, the Special Rapporteur heard accounts from women who were subjected to violence or threats of violence by husbands who wished to obtain consent to a polygamous marriage.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2011
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 31
- Paragraph text
- Many women are subjected to violence by their husbands, but also by their husbands' families. For examples, in countries where "bride price/dowry" is still practised, spouses and in-law family members believe they have purchased the bride and are therefore entitled to subject their "property" to violence and other forms of ill-treatment.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2011
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 37
- Paragraph text
- Femicide refers to violent killing/murder of women because they are women and occurs in many contexts, cutting across the four spheres. It includes murder in the context of intimate partner violence, sexual murder, killings in the name of honour, female infanticide, dowry deaths, and killing of prostitutes, and the killing of women accused of witchcraft, as well as certain deaths due to suicide and unidentifiable maternal deaths. Femicide is often linked to domestic violence, which, at its most severe, leads to death. Research on femicide from Australia, Canada, Israel, South Africa and the United States indicates that 40 to 70 per cent of female murder victims were killed by their husbands or boyfriends. The particular vulnerability to violence of women experiencing multiple and intersecting forms of discrimination is further reflected in the findings of a 2004 study in New York City, according to which 51 per cent of intimate partner homicide victims were foreign-born, while 45 per cent were born in the United States. During the examination of Canada by the Committee on the Elimination of Discrimination against Women in 2008, concern was raised about the hundreds of cases of missing or murdered aboriginal women that had occurred during the past two decades that had neither been fully investigated nor attracted priority attention, with perpetrators remaining unpunished.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Women
- Year
- 2011
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 78
- Paragraph text
- In terms of women's empowerment at the community and family level, States should engage in "cultural negotiations" through which the root causes of violence against women may be confronted and the oppressive nature of certain societal practices made evident. This cultural negotiation requires identifying and contesting the legitimacy of those who monopolize the right to speak on behalf of culture and religion. It is not culture or religion per se that sanctions the beating, mutilation or killing of women. Rather, it is those who monopolize the right to speak on behalf of culture or religion. As a consequence, State engagement in women's empowerment and societal transformations is central to challenging and changing hegemonic patriarchal structures and practices.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2011
Paragraph
Council of Europe Convention on preventing and combating violence against women and domestic violence 2011, para. 1
- Paragraph text
- 1 Parties shall take the necessary legislative or other measures to ensure that the intentional conduct of forcing an adult or a child to enter into a marriage is criminalised.
- Body
- Council of Europe
- Document type
- Regional treaty
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2011
Paragraph
Council of Europe Convention on preventing and combating violence against women and domestic violence 2011, para. 2
- Paragraph text
- 2 Parties shall take the necessary legislative or other measures to ensure that the intentional conduct of luring an adult or a child to the territory of a Party or State other than the one she or he resides in with the purpose of forcing this adult or child to enter into a marriage is criminalised.
- Body
- Council of Europe
- Document type
- Regional treaty
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2011
Paragraph
Council of Europe Convention on preventing and combating violence against women and domestic violence 2011, para. 4
- Paragraph text
- 4 Parties shall take the necessary legislative or other measures to ensure that victims of forced marriage brought into another country for the purpose of the marriage and who, as a result, have lost their residence status in the country where they habitually reside, may regain this status.
- Body
- Council of Europe
- Document type
- Regional treaty
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Women
- Year
- 2011
Paragraph
Council of Europe Convention on preventing and combating violence against women and domestic violence 2011, para. a
- Paragraph text
- Parties shall take the necessary legislative or other measures to ensure that the following intentional conducts are criminalised: (a) excising, infibulating or performing any other mutilation to the whole or any part of a woman’s labia majora, labia minora or clitoris;
- Body
- Council of Europe
- Document type
- Regional treaty
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Women
- Year
- 2011
Paragraph
Council of Europe Convention on preventing and combating violence against women and domestic violence 2011, para. b
- Paragraph text
- Parties shall take the necessary legislative or other measures to ensure that the following intentional conducts are criminalised: (b) coercing or procuring a woman to undergo any of the acts listed in point a; c inciting, coercing or procuring a girl to undergo any of the acts listed in point a.
- Body
- Council of Europe
- Document type
- Regional treaty
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2011
Paragraph
Council of Europe Convention on preventing and combating violence against women and domestic violence 2011, para. k
- Paragraph text
- Recognising, with grave concern, that women and girls are often exposed to serious forms of violence such as domestic violence, sexual harassment, rape, forced marriage, crimes committed in the name of so-called "honour" and genital mutilation, which constitute a serious violation of the human rights of women and girls and a major obstacle to the achievement of equality between women and men;
- Body
- Council of Europe
- Document type
- Regional treaty
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Girls
- Men
- Women
- Year
- 2011
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 35
- Paragraph text
- The stigma resulting from criminalization creates a vicious cycle. Criminalization of abortion results in women seeking clandestine, and likely unsafe, abortions. The stigma resulting from procuring an illegal abortion and thereby breaking the law perpetuates the notion that abortion is an immoral practice and that the procedure is inherently unsafe, which then reinforces continuing criminalization of the practice.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Health
- Person(s) affected
- Women
- Year
- 2011
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
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