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Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 26
- Paragraph text
- States should strengthen measures to grant nationality to children born in their territory in situations where they would otherwise be stateless. When the law of a mother’s country of nationality does not recognize a woman’s right to confer nationality on her children and/or spouse, children may face the risk of statelessness. Likewise, where nationality laws do not guarantee women’s autonomous right to acquire, change or retain their nationality in marriage, girls in the situation of international migration who married under the age of 18 years may face the risk of being stateless, or be confined in abusive marriages out of fear of being stateless. States should take immediate steps to reform nationality laws that discriminate against women by granting equal rights to men and women to confer nationality on their children and spouses and regarding the acquisition, change or retention of their nationality.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 87e
- Paragraph text
- [The Committees recommend that the States parties to the Conventions:] Ensure that migrant women and children have equal access to services, regardless of their legal status.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 44
- Paragraph text
- Prejudices and weak capacity to address the rights of women and children among judges in customary and religious courts or traditional adjudication mechanisms and the belief that matters falling within the purview of such customary systems should not be subjected to any review or scrutiny by the State or other judicial bodies deny or limit the access to justice of victims of 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
- Social & Cultural Rights
- Person(s) affected
- Children
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 73c
- Paragraph text
- [The Committees recommend that the States parties to the Conventions:] Provide training to all law enforcement personnel, including the judiciary, on new and existing legislation prohibiting harmful practices and ensure that they are aware of the rights of women and children and of their role in prosecuting perpetrators and protecting victims of harmful practices;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 42
- Paragraph text
- Contrary to their obligations under both Conventions, many States parties maintain legal provisions that justify, allow or lead to harmful practices, such as legislation that allows for child marriage, provides the defence of so-called honour as an exculpatory or mitigating factor for crimes committed against girls and women or enables a perpetrator of rape and/or other sexual crimes to avoid sanctions by marrying the victim.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 40
- Paragraph text
- A key element of any holistic strategy is the development, enactment, implementation and monitoring of relevant legislation. Each State party is under the obligation to send a clear message of condemnation of harmful practices, provide legal protection for victims, enable State and non-State actors to protect women and children at risk, provide appropriate responses and care and ensure the availability of redress and an end to impunity.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 31
- Paragraph text
- Both Conventions contain specific references to the elimination of harmful practices. States parties to the Convention on the Elimination of All Forms of Discrimination against Women are obliged to plan and adopt appropriate legislation, policies and measures and ensure that their implementation responds effectively to specific obstacles, barriers and resistance to the elimination of discrimination that give rise to harmful practices and violence against women (arts. 2 and 3). States parties must, however, be able to demonstrate the direct relevance and appropriateness of the measures that have been taken, ensuring first and foremost that the human rights of women are not violated, and demonstrate whether such measures will achieve the desired effect and result. Furthermore, the obligation of States parties to pursue such targeted policies is of an immediate nature and States parties cannot justify any delay on any grounds, including cultural and religious grounds. States parties are also obliged to take all appropriate measures, including temporary special measures (art. 4 (1)) to modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices that are based on the idea of the inferiority or the superiority of either sexes or on stereotyped roles for men and women (art. 5 (a)) and to ensure that the betrothal and the marriage of a child will have no legal effect (art. 16 (2)).
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The right of the child to have his or her best interest taken as a primary consideration 2013, para. 2
- Paragraph text
- The concept of the "child's best interests" is not new. Indeed, it pre-dates the Convention and was already enshrined in the 1959 Declaration of the Rights of the Child (para. 2), the Convention on the Elimination of All Forms of Discrimination against Women (arts. 5 (b) and 16, para. 1 (d)), as well as in regional instruments and many national and international laws.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 35
- Paragraph text
- The implementation of any holistic strategy necessarily requires the provision of adequate organizational, human, technical and financial resources that are supplemented with appropriate measures and tools, such as regulations, policies, plans and budgets. In addition, States parties are obliged to ensure that an independent monitoring mechanism is in place to track progress in protecting women and children from harmful practices and in realizing their rights.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the rights of the child during adolescence 2016, para. 6
- Paragraph text
- The Committee notes that several of its general comments have a particular resonance for adolescents, notably those relating to adolescent health and development, HIV/AIDS, eradicating practices that are harmful to women and children, unaccompanied and separated children and juvenile justice. The Committee emphasizes the particular significance for adolescents of the recommendations arising from the day of general discussion on digital media and children's rights. The present general comment has been developed to provide an overview on how the Convention in its entirety needs to be understood and implemented in respect of all adolescents and should be read together with other general comments and with documents arising from the day of general discussion.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Adolescents
- Children
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 91
- Paragraph text
- States parties should review and modify or withdraw any reservations to articles 2, 5 and 16, or their subparagraphs, of the Convention on the Elimination of All Forms of Discrimination against Women and articles 19 and 24 (3) of the Convention on the Rights of the Child. The Committee on the Elimination of Discrimination against Women considers reservations to those articles in principle incompatible with the object and purpose of the Conventions and thus impermissible under article 28 (2) of the Convention on the Elimination of All Forms of Discrimination against Women.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 88
- Paragraph text
- States parties should widely disseminate the present joint general recommendation/general comment to parliaments, Governments and the judiciary, nationally and locally. It should also be made known to children and women and all relevant professionals and stakeholders, including those working for and with children (i.e. judges, lawyers, police officers and other law enforcement officials, teachers, guardians, social workers, staff of public or private welfare institutions and shelters and health-care providers) and civil society at large. It should be translated into relevant languages and child-friendly/appropriate versions and formats accessible to persons with disabilities should be made available. Conferences, seminars, workshops and other events should be held to share good practice on how best to implement it. It should also be incorporated into the formal pre-service and in-service training of all relevant professionals and technical staff and should be made available to all national human rights institutions, women's organizations and other human rights non-governmental organizations.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 85
- Paragraph text
- Victims seeking justice for violations of their rights as a result of harmful practices often face stigmatization, a risk of revictimization, harassment and possible retribution. Steps must therefore be taken to ensure that the rights of girls and women are protected throughout the legal process, in accordance with articles 2 (c) and 15 (2) and (3) of the Convention on the Elimination of All Forms of Discrimination against Women, and that children are enabled to effectively engage in court proceedings as part of their right to be heard under article 12 of the Convention on the Rights of the Child.
- 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
- Children
- Girls
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 71
- Paragraph text
- Where alternative dispute resolution mechanisms or traditional justice systems are in place, training on human rights and harmful practices should be provided to those responsible for their management. Furthermore, police officers, public prosecutors, judges and other law enforcement officials need training on the implementation of new or existing legislation criminalizing harmful practices to ensure that they are aware of the rights of women and children and are sensitive to the vulnerable status of victims.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 55o
- 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 women and children subjected to harmful practices have equal access to justice, including by addressing legal and practical barriers to initiating legal proceedings, such as the limitation period, and that the perpetrators and those who aid or condone such practices are held accountable;
- 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
- Children
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 55m
- 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 legislation and policies relating to immigration and asylum recognize the risk of being subjected to harmful practices or being persecuted as a result of such practices as a ground for granting asylum. Consideration should also be given, on a case-by-case basis, to providing protection to a relative who may be accompanying the girl or woman;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 55j
- 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 it is made mandatory by law for professionals and institutions working for and with children and women to report actual incidents or the risk of such incidents if they have reasonable grounds to believe that a harmful practice has occurred or may occur. Mandatory reporting responsibilities should ensure the protection of the privacy and confidentiality of those who report;
- 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
- Children
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 55i
- 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 national human rights institutions are mandated to consider individual complaints and petitions and carry out investigations, including those submitted on behalf of or directly by women and children, in a confidential, gender-sensitive and child-friendly manner;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 55e
- 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 adequately addresses, including by providing the basis for the adoption of temporary special measures, the root causes of harmful practices, including discrimination on the basis of sex, gender, age and other intersecting factors, focuses on the human rights and needs of the victims and fully takes into account the best interests of children and women;
- 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
- Children
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 46
- Paragraph text
- Many States parties have taken steps to decentralize government power through devolution and delegation, but this should not reduce or negate the obligation to enact legislation that prohibits harmful practices and is applicable throughout their jurisdiction. Safeguards must be put in place to ensure that decentralization or devolution does not lead to discrimination with regard to protection of women and children against harmful practices in different regions and cultural zones. Devolved authorities need to be equipped with the human, financial, technical and other resources necessary to effectively enforce legislation that aims to eliminate 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
- Social & Cultural Rights
- Person(s) affected
- Children
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 37
- Paragraph text
- The regular and comprehensive collection, analysis, dissemination and use of quantitative and qualitative data are crucial to ensuring effective policies, developing appropriate strategies and formulating actions, as well as evaluating impacts, monitoring progress achieved towards the elimination of harmful practices and identifying re-emerging and emerging harmful practices. The availability of data allows for the examination of trends and enables the establishment of the relevant connections between policies and effective programme implementation by State and non-State actors and the corresponding changes in attitudes, forms of behaviour, practices and prevalence rates. Data disaggregated by sex, age, geographical location, socioeconomic status, education level and other key factors are central to the identification of high-risk and disadvantaged groups of women and children, which will guide policy formulation and action to address 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
- Children
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 14
- Paragraph text
- Given that the requirement to effectively address harmful practices is among the core obligations of States parties under the two Conventions, reservations to the relevant articles, which have the effect of broadly limiting or qualifying the obligations of States parties to respect, protect and fulfil the rights of women and children to live free from harmful practices, are incompatible with the object and purpose of the two Conventions and impermissible pursuant to article 28 (2) of the Convention on the Elimination of All Forms of Discrimination against Women and article 51 (2) of the Convention on the Rights of the Child.
- 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
- Children
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 1
- Paragraph text
- The Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child contain legally binding obligations that relate both in general and specifically to the elimination of harmful practices. The Committee on the Elimination of Discrimination against Women and the Committee on the Rights of the Child have consistently drawn attention to those practices affecting women and children, primarily girls, in the execution of their monitoring mandates. It is by virtue of that overlapping mandate and the shared commitment to prevent, respond to and eliminate harmful practices, wherever and in whichever form they occur, that the Committees decided to develop the present joint general recommendation/general comment.
- 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
- Children
- Girls
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The right of the child to the enjoyment of the highest attainable standard of health 2013, para. 95
- Paragraph text
- Legislation should fulfil a number of additional functions in the realization of children's right to health by defining the scope of the right and recognizing children as rights-holders; clarifying the roles and responsibilities of all duty bearers; clarifying what services children, pregnant women and mothers are entitled to claim; and regulating services and medications to ensure that they are of good quality and cause no harm. States must ensure that adequate legislative and other safeguards exist to protect and promote the work of human rights defenders working on children's right to health.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Infants
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right of the child to the enjoyment of the highest attainable standard of health 2013, para. 94
- Paragraph text
- The Convention requires States parties to adopt all appropriate legislative, administrative and other measures for the implementation of children's right to health without discrimination. National laws should place a statutory obligation on the State to provide the services, programmes, human resources and infrastructure needed to realize children's right to health and provide a statutory entitlement to essential, child sensitive, quality health and related services for pregnant women and children irrespective of their ability to pay. Laws should be reviewed to assess any potential discriminatory effect or impediment to realizing children's right to health and repealed where required. Where necessary, international agencies and donors should provide development aid and technical assistance for such legal reforms.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right of the child to the enjoyment of the highest attainable standard of health 2013, para. 87
- Paragraph text
- The Convention should guide all international activities and programmes of donor and recipient States related directly or indirectly to children's health. It requires partner States to identify the major health problems affecting children, pregnant women and mothers in recipient countries and to address them in accordance with the priorities and principles established by article 24. International cooperation should support State-led health systems and national health plans.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Infants
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The Role of Independent National Human Rights Institutions in the Protection and Promotion of the Rights of the Child 2002, para. 29
- Paragraph text
- Children's human rights issues are not constrained by national borders and it has become increasingly necessary to devise appropriate regional and international responses to a variety of child rights issues (including, but not limited to, the trafficking of women and children, child pornography, child soldiers, child labour, child abuse, refugee and migrant children, etc.). International and regional mechanisms and exchanges are encouraged, as they provide NHRIs with an opportunity to learn from each other's experience, collectively strengthen each other's positions and contribute to resolving human rights problems affecting both countries and regions.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2002
- Date added
- Aug 19, 2019
Paragraph
27 shown of 27 entities