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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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Harmful practices (joint General Recommendation with CRC) 2014, para. 48 | Aug 19, 2019 | Paragraph | 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. | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2014 | ||
Harmful practices (joint General Recommendation with CRC) 2014, para. 55h | Aug 19, 2019 | Paragraph | [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; | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2014 | ||
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 64 | Aug 19, 2019 | Paragraph | 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). | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
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| 2009 | ||
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 16a | Aug 19, 2019 | Paragraph | [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; | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2014 | ||
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 13 | Aug 19, 2019 | Paragraph | 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. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2014 | ||
The right to sexual and reproductive health (Art. 12) 2016, para. 49d | Aug 19, 2019 | Paragraph | [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; | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
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| 2016 | ||
The right to sexual and reproductive health (Art. 12) 2016, para. 29 | Aug 19, 2019 | Paragraph | 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. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
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| 2016 | ||
Harmful practices (joint General Recommendation with CRC) 2014, para. 55d | Aug 19, 2019 | Paragraph | [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; | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2014 | ||
Harmful practices (joint General Recommendation with CRC) 2014, para. 45 | Aug 19, 2019 | Paragraph | 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. | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2014 | ||
Harmful practices (joint General Recommendation with CRC) 2014, para. 13 | Aug 19, 2019 | Paragraph | 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. | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2014 | ||
Implementation of article 2 by States parties 2008, para. 18 | Aug 19, 2019 | Paragraph | 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. | Committee against Torture | General Comment / Recommendation |
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| 2008 |
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