A/67/230
2.
Protection from harmful practices in plural legal systems
15. Throughout the world, countless numbers of girls and boys fall victims to
harmful practices, including female genital mutilation or cutting, early and forced
marriage, degrading initiation rites, breast ironing, son preference, stoning, honour
killings, forced feeding, witchcraft rituals and many other less-known forms of
harmful practice. Often violent in nature, these practices compromise the
development and education of the child, have serious and long-lasting health and
psychological consequences, and may result in disability or death.
16. Despite the call made in the Study for all harmful practices to be prohibited by
law, this is not the reality in many countries around the world. In some cases,
general legislation on assault and bodily injury is applicable but rarely used or
enforced, because of the social acceptance of those deeply entrenched practices. In
other cases, different practices are compartmentalized in distinct pieces of
legislation, hampering the consideration of commonalities and shared root causes
and the promotion of a common holistic strategy. In countries with plural legal
systems, where national legislation interplays with customary and religious law,
legal interpretation and implementation face greater complexities, tensions and
challenges that may seriously compromise children’s best interests.
17. In order to reflect on these questions and identify opportunities for change, the
Special Representative and Plan International, in close cooperation with the African
Committee of Experts on the Rights and Welfare of the Child, the Committee on the
Rights of the Child, the United Nations Children’s Fund (UNICEF), OHCHR and
the International NGO Council on Violence against Children co-hosted an
international expert consultation.
18. The consultation considered significant developments where law reform and
enforcement, supported by awareness-raising and a widely participatory social
mobilization process, have helped to address deeply rooted social conventions and
promote the abandonment of harmful practices against children.
19. Inconsistencies in legal regulation, selective implementation and compliance,
and insufficient resources, together with lack of awareness within communities,
prejudices among personnel and weak capacity to address children’s rights among
law enforcement officials, the judiciary, traditional leaders and judges in customary
and religious courts were identified as critical challenges.
20. The outcomes of the expert consultation are set out in a thematic report, to be
launched during the commemoration of the 2012 International Day of the Girl
Child, and include the following overarching recommendations:
(a) Legislation plays a crucial role in the social process of abandonment of
harmful practices against girls and boys, and is a core dimension of States’
accountability for the protection of children from violence; this includes the
obligation to ensure harmonization of all legislation, including customary and
religious laws, with international human rights standards, and to ensure the
establishment of a legal definition of the child in compliance with the Convention
on the Rights of the Child.
(b) National legislation should include a clear and comprehensive
prohibition of all harmful practices, secure the protection of children from all forms
of violence and remove any justification of such practices that may compromise the
12-45164
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