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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
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
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
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. 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 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
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
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
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
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 48
- Paragraph text
- National human rights institutions have a key role to play in promoting and protecting human rights, including the right of individuals to be free from harmful practices, and enhancing public awareness of those rights.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- All
- Year
- 2014
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
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 32. The High Contracting Parties specifically agree that each of them is prohibited from taking any measure of such a character as to cause the physical suffering or extermination of protected persons in their hands. This prohibition applies not only to murder, torture, corporal punishments, mutilation and medical or scientific experiments not necessitated by the medical treatment of a protected person, but also to any other measures of brutality whether applied by civilian or military agents.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Violence
- Person(s) affected
- All
- Year
- 1949
Paragraph
Intensifying global efforts for the elimination of female genital mutilation 2012, para. 19
- Paragraph text
- Stresses that some progress has been made in combating female genital mutilations in a number of countries using a common coordinated approach that promotes positive social change at the community, national, regional and international levels, and recalls the goal set out in the United Nations inter-agency statement that female genital mutilations be eliminated within a generation, with some of the main achievements being obtained by 2015, in line with the Millennium Development Goals;
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Gender
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- All
- Year
- 2012
Paragraph
Intensifying global efforts for the elimination of female genital mutilation 2016, para. 2
- Paragraph text
- Reaffirming the Universal Declaration of Human Rights,
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Gender
- Governance & Rule of Law
- Harmful Practices
- Health
- Person(s) affected
- All
- Year
- 2016
Paragraph
Intensifying global efforts and sharing good practices to effectively eliminate female genital mutilation 2014, para. 10
- Paragraph text
- Calls upon States to continue to increase technical and financial assistance for the effective implementation of policies, programmes and action plans to eliminate female genital mutilation at the national, regional and international levels, including by strengthening the United Nations Population Fund-United Nations Children’s Fund Joint Programme on Female Genital Mutilation/Cutting: Accelerating Change, and all the other initiatives and activities at the local, regional and international levels aimed at the prevention and elimination of female genital mutilation;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Gender
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- All
- Year
- 2014
Paragraph
Intensifying global efforts and sharing good practices to effectively eliminate female genital mutilation 2014, para. 14
- Paragraph text
- Requests the United Nations High Commissioner for Human Rights to prepare, in consultation with States, the World Health Organization, the United Nations Children’s Fund, the United Nations Population Fund, the treaty bodies, relevant special procedures, regional organizations, national human rights institutions, civil society and other relevant stakeholders, a compilation of good practices and major challenges in preventing and eliminating female genital mutilation, and to submit it to the Human Rights Council at its twenty-ninth session;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Health
- Person(s) affected
- All
- Children
- Year
- 2014
Paragraph
Elimination of female genital mutilation 2016, para. 11
- Paragraph text
- Invites the Joint Programme on Female Genital Mutilation/Cutting: Accelerating Change of the United Nations Population Fund and the United Nations Children’s Fund to continue to develop the national capacities of States and local communities for the effective implementation of inclusive policies, programmes and action plans to eliminate female genital mutilation at the local, national, and regional levels, while encouraging States and development cooperation agencies to consider increasing their financial support for the Joint Programme;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Gender
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- All
- Year
- 2016
Paragraph
Elimination of female genital mutilation 2016, para. 9
- Paragraph text
- Recognizing also that efforts at the local, national, regional and international levels have led to a decline in the global prevalence of female genital mutilation,
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Gender
- Harmful Practices
- Health
- Person(s) affected
- All
- Year
- 2016
Paragraph
Elimination of female genital mutilation 2016, para. 10
- Paragraph text
- Recognizing further the role of regional and subregional instruments and mechanisms in the prevention and 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
- 2016
Paragraph
Ending female genital mutilation 2007, para. 4
- Paragraph text
- Urges States to condemn all harmful traditional practices, in particular female genital mutilation;
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
Ending female genital mutilation 2008, para. 11
- Paragraph text
- Welcoming the report of the Secretary-General on ending female genital mutilation and the recommendations contained therein,
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Harmful Practices
- Person(s) affected
- All
- N.A.
- Year
- 2008
Paragraph
Ending female genital mutilation 2010, para. 15
- Paragraph text
- Concerned about evidence of increased carrying out of female genital mutilation by medical personnel in all regions in which it is practised,
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Harmful Practices
- Person(s) affected
- All
- Year
- 2010
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
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
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
Paragraph
Supporting efforts to end obstetric fistula 2008, para. 6
- Paragraph text
- Urges States to enact and strictly enforce laws to ensure that marriage is entered into only with the free and full consent of the intending spouses and, in addition, to enact and strictly enforce laws concerning the minimum legal age of consent and the minimum age for marriage, and to raise the minimum age for marriage where necessary;
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Health
- Person(s) affected
- All
- Year
- 2008
Paragraph
Intensifying global efforts for the elimination of female genital mutilation 2012, para. 13
- Paragraph text
- Deeply concerned that, despite the increase in national, regional and international efforts and the focus on the abandonment of female genital mutilations, the practice continues to exist in all regions of the world,
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- All
- Year
- 2012
Paragraph
Intensifying global efforts for the elimination of female genital mutilation 2012, para. 14
- Paragraph text
- Deeply concerned also that a tremendous gap in resources continues to exist and that the shortfall in funding has severely limited the scope and pace of programmes and activities for 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
- 2012
Paragraph
Intensifying global efforts for the elimination of female genital mutilation 2012, para. 7
- Paragraph text
- Calls upon States to ensure that national action plans and strategies on the elimination of female genital mutilations are comprehensive and multidisciplinary in scope and incorporate clear targets and indicators for the effective monitoring, impact assessment and coordination of programmes among all stakeholders;
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Gender
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- All
- Year
- 2012
Paragraph
Ending female genital mutilation 2007, para. 14
- Paragraph text
- Urges States to allocate sufficient resources to the implementation of legislation and action plans aimed at abandoning female genital mutilation;
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Gender
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph