نصائح البحث
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Servile marriage 2012, para. 32
- Paragraph text
- On 22 February 2008, in Prosecutor v. Brima et al, the Special Court for Sierra Leone recognized forced marriage as a crime against humanity under international criminal law for the first time. The Court confirmed that forced marriage involved a perpetrator compelling a person by force or threat of force, through words, or conduct of the perpetrator, or anyone associated with him, into a forced conjugal association resulting in great suffering or serious physical or mental injury on the part of the victim. It concluded that forced marriage might also include one or more international crimes such as enslavement, imprisonment, rape, sexual slavery and abduction.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Social & Cultural Rights
- Violence
- Person(s) affected
- All
- Year
- 2012
- Date modified
- Feb 13, 2020
Paragraph
Implementation of article 2 by States parties 2008, para. 18
- Paragraph text
- The Committee has made clear that where State authorities or others acting in official capacity or under colour of law, know or have reasonable grounds to believe that acts of torture or ill-treatment are being committed by non-State officials or private actors and they fail to exercise due diligence to prevent, investigate, prosecute and punish such non-State officials or private actors consistently with the Convention, the State bears responsibility and its officials should be considered as authors, complicit or otherwise responsible under the Convention for consenting to or acquiescing in such impermissible acts. Since the failure of the State to exercise due diligence to intervene to stop, sanction and provide remedies to victims of torture facilitates and enables non-State actors to commit acts impermissible under the Convention with impunity, the State's indifference or inaction provides a form of encouragement and/or de facto permission. The Committee has applied this principle to States parties' failure to prevent and protect victims from gender-based violence, such as rape, domestic violence, female genital mutilation, and trafficking.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Harmful Practices
- Violence
- Person(s) affected
- All
- Year
- 2008
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 13
- Paragraph text
- Furthermore, the obligation to protect requires States parties to establish legal structures to ensure that harmful practices are promptly, impartially and independently investigated, that there is effective law enforcement and that effective remedies are provided to those who have been harmed by such practices. The Committees call upon States parties to explicitly prohibit by law and adequately sanction or criminalize harmful practices, in accordance with the gravity of the offence and harm caused, provide for means of prevention, protection, recovery, reintegration and redress for victims and combat impunity for 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
- All
- Year
- 2014
- Date modified
- Feb 13, 2020
Paragraph
The right to sexual and reproductive health (Art. 12) 2016, para. 29
- Paragraph text
- It is also important to undertake preventive, promotional and remedial action to shield all individuals from the harmful practices and norms and gender-based violence that deny them their full sexual and reproductive health, such as female genital mutilation, child and forced marriage and domestic and sexual violence, including marital rape, among other things. States parties must put in place laws, policies and programmes to prevent, address and remediate violations of the right of all individuals to autonomous decision-making on matters regarding their sexual and reproductive health, free from violence, coercion and discrimination.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- All
- Children
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
The right to sexual and reproductive health (Art. 12) 2016, para. 49d
- Paragraph text
- [States parties have a core obligation to ensure, at the very least, minimum essential levels of satisfaction of the right to sexual and reproductive health. In this regard, States parties should be guided by contemporary human rights instruments and jurisprudence, as well as the most current international guidelines and protocols established by United Nations agencies, in particular WHO and the United Nations Population Fund (UNFPA). The core obligations include at least the following:] To enact and enforce the legal prohibition of harmful practices and gender based violence, including female genital mutilation, child and forced marriage and domestic and sexual violence, including marital rape, while ensuring privacy, confidentiality and free, informed and responsible decision-making, without coercion, discrimination or fear of violence, in relation to the sexual and reproductive needs and behaviours of individuals;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Health
- Person(s) affected
- All
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 13
- Paragraph text
- Furthermore, the obligation to protect requires States parties to establish legal structures to ensure that harmful practices are promptly, impartially and independently investigated, that there is effective law enforcement and that effective remedies are provided to those who have been harmed by such practices. The Committees call upon States parties to explicitly prohibit by law and adequately sanction or criminalize harmful practices, in accordance with the gravity of the offence and harm caused, provide for means of prevention, protection, recovery, reintegration and redress for victims and combat impunity for harmful practices.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- All
- Year
- 2014
- Date modified
- Feb 13, 2020
Paragraph
Vision for the mandate 2016, para. 20
- Paragraph text
- The appearance that ensues in albinism, in particular the lack of melanin in the skin, eyes and hair, exposes tens of thousands of persons to stigma and discrimination across the world. It is reported that, in Africa, attacks directed at persons with albinism are usually carried out with machetes, resulting in severe mutilation or death. In most cases, the persons attacked are dismembered; body parts such as fingers, arms, legs, eyes, genitals, skin, bones, the head and hair have been severed from the body and taken. In several of those cases, body parts have been hacked off while the person was alive. Reportedly, there is a corollary witchcraft belief that it is preferable to harvest body parts from live victims because screams increase the potency of the potion for which the parts are used. Possible human sacrifices of persons with albinism have also been reported, including through immolation.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Person(s) affected
- All
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 43
- Paragraph text
- It is important to reiterate that although witchcraft per se should not be criminalized, any killing of persons for the use of body parts in witchcraft-related practices such as muti or juju should be prosecuted. To do so, it is necessary to ensure that legal provisions criminalize a broad range of attacks and assaults, as well as criminalize the possession and trafficking of body parts. Linking such a criminal action to muti and juju would be challenging, given the difficulty in establishing objective evidentiary standards. Nonetheless, where evidence substantially supports the proposition that muti and juju were the purpose of the criminal activity, States could consider including that factor as an aggravating circumstance leading to a heavier sentence and ultimately deter crime incentivized by witchcraft. Non-legal tools such as public education and sociocultural interventions with stakeholders would also be necessary to complement such legal practice in dissuading muti, juju and all crimes related to witchcraft.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 13, 2020
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 26
- Paragraph text
- Although belief in, and practice of, witchcraft can be associated in certain cases with empowerment, healing and cleansing, attacks and use of body parts of persons with albinism, regardless of the purpose for which they are used, cannot under any circumstances be considered an elemental part of any legitimate practice, whether linked to witchcraft or to traditional medicine, because such acts inherently constitute criminal activity and other human rights violations. Consequently, they cannot be justified on the basis of tradition, traditional medicine, or any other ground.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 13, 2020
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 76
- Paragraph text
- In the public interest, it is also important that States ensure adequate standards for traditional medicine. There must be minimum requirements for all practitioners, regardless of whether they are affiliated with an organization. The standards must be in line with established human rights norms, without compromising the core principles of availability, accessibility, acceptability and quality of goods and services. The obligation on States also extends to ensuring that practitioners do not conduct harmful practices, including the use of body parts of persons with albinism for muti or juju.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 13, 2020
Paragraph
Harmful practices (joint General Recommendation with CEDAW) 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 Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date modified
- Feb 13, 2020
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 55h
- 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 a national system of compulsory, accessible and free birth registration is established in order to effectively prevent harmful practices, including child marriage;
- 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
- All
- Year
- 2014
- Date modified
- Feb 13, 2020
Paragraph
Servile marriage 2012, para. 18
- Paragraph text
- Victims of servile marriage are often unable to escape because their families and/or the societies in which they live will not support them, whether for economic reasons or for traditional, cultural and religious beliefs. Such beliefs and practices cannot, however, be used to justify servile marriage. Under the Supplementary Slavery Convention, States parties are to bring about the complete abolition or abandonment of slavery-like institutions and practices, such as servile marriage. It does not provide for any exceptions in which slavery may continue to exist. Evolving international law has confirmed that slavery is a crime against humanity and, as such, no culture, tradition or religious practice can be used to justify servile marriage.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- All
- Families
- Year
- 2012
- Date modified
- Feb 13, 2020
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. 41
- Paragraph text
- Numerous reports document that users of illicit drugs who are detained in such centres undergo painful withdrawal from drug dependence without medical assistance, administration of unknown or experimental medications, State-sanctioned beatings, caning or whipping, forced labour, sexual abuse and intentional humiliation. Other reported abuses included "flogging therapy", "bread and water therapy", and electroshock resulting in seizures, all in the guise of rehabilitation. In such settings, medical professionals trained to manage drug dependence disorders as medical illnesses are often unavailable.
- 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
- All
- Year
- 2013
- Date modified
- Feb 13, 2020
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 74b
- Paragraph text
- [With regard to harmful practices, the Special Rapporteur calls upon States to:] Implement legislation that prohibits all forms of female genital mutilation at all levels, including in State-run and private medical facilities; prosecute and hold accountable health-care professionals, community leaders and other public officials who perpetrate or condone the practice or refuse to implement relevant laws; and concomitantly raise awareness and mobilize public opinion against female genital mutilation through community-based programmes and educational campaigns;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Person(s) affected
- All
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
Stigma and the realization of the human rights to water and sanitation 2012, para. 23
- Paragraph text
- Stigma manifests itself in different ways, combining ostracism, abandonment, shunning, rejection, isolation, exclusion, bullying, discrediting, blaming, harassment, physical violence, among many others, but fundamentally all these manifestations relate back to the process of devaluing and dehumanizing individuals in certain groups and creating an "us and them" divide. Different people experience stigma in different ways, and the extent to which certain manifestations apply differs. The examples mentioned are for illustrative purposes only. They are not meant to imply that particular groups experience stigma exclusively in one way or another, or that other manifestations would relate only to other groups.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Violence
- Person(s) affected
- All
- Year
- 2012
- Date modified
- Feb 13, 2020
Paragraph
Stigma and the realization of the human rights to water and sanitation 2012, para. 12
- Paragraph text
- Stigma relates closely to power and inequality, and those with power can deploy it at will. Stigma can broadly be understood as a process of dehumanizing, degrading, discrediting and devaluing people in certain population groups, often based on a feeling of disgust. Put differently, there is a perception that "the person with the stigma is not quite human". Stigma attaches itself to an attribute, quality or identity that is regarded as "inferior" or "abnormal". Stigma is based on a socially constructed "us" and "them" serving to confirm the "normalcy" of the majority through the devaluation of the "other".
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- All
- Year
- 2012
- Date modified
- Feb 13, 2020
Paragraph
Intensifying global efforts and sharing good practices to effectively eliminate female genital mutilation 2014, para. 7
- Paragraph text
- Urges States to strengthen support to communities, especially those that have developed successful local models to prevent and eliminate female genital mutilation, by encouraging them to design and utilize education programmes, information and awareness-raising tools and to make them accessible to the greatest number of people possible;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Education
- Harmful Practices
- Person(s) affected
- All
- Year
- 2014
- Date modified
- Feb 13, 2020
Paragraph
Intensifying global efforts for the elimination of female genital mutilation 2012, para. 18
- Paragraph text
- Calls upon the international community to strongly support, including through increased financial support, a second phase of the United Nations Population Fund-United Nations Children's Fund Joint Programme on Female Genital Mutilation/Cutting: Accelerating Change, which is currently due to end in December 2013, as well as national programmes focused on the elimination of female genital mutilations;
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Gender
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- All
- Year
- 2012
- Date modified
- Feb 13, 2020
Paragraph
Intensifying global efforts for the elimination of female genital mutilation 2014, para. 19
- Paragraph text
- Calls upon the international community to strongly support, including through increased financial support, a second phase of the Joint Programme on Female Genital Mutilation/Cutting: Accelerating Change of the United Nations Population Fund and the United Nations Children's Fund, which will run until 2017, as well as national programmes focused on the elimination of female genital mutilations;
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Gender
- Governance & Rule of Law
- Harmful Practices
- Health
- Person(s) affected
- All
- Year
- 2014
- Date modified
- Feb 13, 2020
Paragraph
Intensifying global efforts for the elimination of female genital mutilation 2016, para. 19
- Paragraph text
- Calls upon the international community to strongly support, including through increased financial support, a third phase of the Joint Programme on Female Genital Mutilation/Cutting: Accelerating Change of the United Nations Population Fund and the United Nations Children's Fund, which will run until 2020, as well as national programmes focused on the elimination of female genital mutilation;
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Gender
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- All
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
Intensifying global efforts and sharing good practices to effectively eliminate female genital mutilation 2014, para. 5
- Paragraph text
- Recalling General Assembly resolution 67/146 of 20 December 2012 entitled “Intensifying global efforts for the elimination of female genital mutilations” and Human Rights Council decision 24/117 of 27 September 2013 entitled “High-level panel on the identification of good practices in combating female genital mutilation”,
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Harmful Practices
- Person(s) affected
- All
- Year
- 2014
- Date modified
- Feb 13, 2020
Paragraph
Intensifying global efforts and sharing good practices to effectively eliminate female genital mutilation 2014, para. 14
- Paragraph text
- Welcoming the holding during the twenty-sixth session of the Human Rights Council of the high-level panel discussion on the identification of good practices in combating female genital mutilation, and taking note with interest of the summary report thereon, prepared by the Office of the United Nations High Commissioner for Human Rights,
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Harmful Practices
- Person(s) affected
- All
- Year
- 2014
- Date modified
- Feb 13, 2020
Paragraph
Intensifying global efforts and sharing good practices to effectively eliminate female genital mutilation 2014, para. 6
- Paragraph text
- Also stresses the need to establish synergy between the activities of international, regional and local organizations to provide better support to field programmes, strengthen advocacy and ensure international support for the planning, development and implementation of innovative long-term strategies for the effective elimination of female genital mutilation;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Gender
- Harmful Practices
- Health
- Person(s) affected
- All
- Year
- 2014
- Date modified
- Feb 13, 2020
Paragraph
Ending female genital mutilation 2010, para. 17
- Paragraph text
- Recognizing that strong leadership is required to make progress in eliminating female genital mutilation and that a multidisciplinary, comprehensive, coordinated and coherent approach at all levels towards achieving abandonment of female genital mutilation worldwide is required, and welcoming the fact that such an approach is at the core of the United Nations Population Fund-United Nations Children's Fund joint programme to accelerate the abandonment of female genital mutilation,
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Harmful Practices
- Person(s) affected
- All
- Children
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 64
- Paragraph text
- A violation also occurs when a State party fails to take steps to combat practices harmful to the well-being of a person or group of persons. These harmful practices, including those attributed to customs and traditions, such as female genital mutilation and allegations of the practice of witchcraft, are barriers to the full exercise by the affected persons of the right enshrined in article 15, paragraph 1 (a).
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2009
- Date modified
- Feb 13, 2020
Paragraph
Servile marriage 2012, para. 13
- Paragraph text
- Under the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, all forms of forced marriage are defined as practices similar to slavery, which reduce a spouse to a person over whom any or all of the powers attaching to the right of ownership are exercised. International law has further reiterated and reinforced the provisions within the Convention that prohibit forced and early marriages. Over the years, however, the idea that forced and early marriages are forms of slavery and, therefore, servile marriage has been lost.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- All
- Year
- 2012
- Date modified
- Feb 14, 2020
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. 9
- Paragraph text
- The Special Rapporteur calls upon all States to repeal any law allowing intrusive and irreversible treatments, including forced genital-normalizing surgery, involuntary sterilization, unethical experimentation, medical display, "reparative therapies" or "conversion therapies", when enforced or administered without the free and informed consent of the person concerned. He also calls upon them to outlaw forced or coerced sterilization in all circumstances and provide special protection to individuals belonging to marginalized groups.
- 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
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph