Plan International - Girls' Rights Platform - Girls' rights are human rights: Positioning girls at the heart of the international agenda

Plan International - Girls' Rights Platform - Girls' rights are human rights: Positioning girls at the heart of the international agenda

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Rights of indigenous women and girls 2015, para. 79d

Paragraph text
[Recommendations to Member States] [With regard to violence against indigenous women and girls, Member States should:] Ensure that all forms of violence against women, including female genital mutilation and child marriage, are included as violations within criminal law;
Body
Special Rapporteur on the rights of indigenous peoples
Document type
Special Procedures' report
Topic(s)
  • Gender
  • Harmful Practices
  • Violence
Person(s) affected
  • Children
  • Ethnic minorities
  • Girls
  • Women
Year
2015
Date added
Aug 19, 2019
Paragraph
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Rights of indigenous women and girls 2015, para. 72b

Paragraph text
[Despite the significant constraints facing them, there are many instances where indigenous women having successfully mobilized to fight for their rights. Those successes have led to the development of promising practices in relation to the respect and protection of indigenous women. The following examples of good practice are illustrative and not exhaustive:] Numerous tribes, such as the Eastern Band of Cherokee Indians, maintain the practice of banishing perpetrators of violence against women from their tribal jurisdictional boundaries. That has proven to be an effective sanction which prevents women and their children from being forced to flee their home due to violence. Banishment is a serious community sanction that cuts off perpetrators and sends a strong message about the protection of women and children in the community. Several Kankanaey Igorot communities in the Cordillera region of the Philippines have customary laws that banish members who have committed rape. Thus, in those communities, incidences of rape are very low compared to urban areas and other provinces. The women of some Kalinga Igorot villages in the same region have succeeded in convincing their traditional leaders to abolish the discriminatory practices of bride price, dowry and arranged marriages;
Body
Special Rapporteur on the rights of indigenous peoples
Document type
Special Procedures' report
Topic(s)
  • Harmful Practices
  • Social & Cultural Rights
  • Violence
Person(s) affected
  • Children
  • Ethnic minorities
  • Women
Year
2015
Date added
Aug 19, 2019
Paragraph
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Gender-based violence against women, updating general recommendation No. 19 2017, para. 29c (ii)

Paragraph text
[The Committee recommends that States parties implement the following legislative measures:] Repeal, including in customary, religious and indigenous laws, all legal provisions that are discriminatory against women and thereby enshrine, encourage, facilitate, justify or tolerate any form of gender-based violence. In particular, repeal the following: Discriminatory evidentiary rules and procedures, including procedures allowing for the deprivation of women’s liberty to protect them from violence, practices focused on “virginity” and legal defences or mitigating factors based on culture, religion or male privilege, such as the defence of so-called “honour”, traditional apologies, pardons from the families of victims/survivors or the subsequent marriage of the victim/survivor of sexual assault to the perpetrator, procedures that result in the harshest penalties, including stoning, lashing and death, often being reserved for women and judicial practices that disregard a history of gender-based violence to the detriment of women defendants;
Body
Committee on the Elimination of Discrimination against Women
Document type
General Comment / Recommendation
Topic(s)
  • Gender
  • Harmful Practices
  • Violence
Person(s) affected
  • Ethnic minorities
  • Women
Year
2017
Date added
Aug 19, 2019
Paragraph
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Study on illegal adoptions 2017, para. 35

Paragraph text
A large number of illegal adoptions committed at the national level at a given time reflect a pattern or modus operandi as well as the involvement of criminal networks. Such cases can be found in all regions of the world and entail the responsibility of the State owing to the direct involvement of State officials and/or the deficiency or permissiveness of State policies. Numerous illegal adoptions have also occurred as part of large-scale past abuses motivated by political or ideological reasons. Other domestic illegal adoptions have been committed for religious or moral reasons, fuelled by gender discrimination and gender-based violence or discrimination against minorities and indigenous peoples.
Body
Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
Document type
Special Procedures' report
Topic(s)
  • Equality & Inclusion
  • Harmful Practices
  • Movement
  • Social & Cultural Rights
  • Violence
Person(s) affected
  • Ethnic minorities
Year
2017
Date added
Aug 19, 2019
Paragraph
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Minority rights-based approaches to the protection and promotion of the rights of religious minorities 2013, para. 54

Paragraph text
In numerous States, the recognition of a number of personal status law codes locks religious minorities into systems of laws that may have negative implications for the enjoyment of their rights. Such laws may not allow them, for example, to marry outside their religion. They may oblige them to accept the polygamy of their partner, and they may disinherit them should one of their siblings choose to convert into a particular religion. Such laws may rob them of the opportunity to gain custody of their children on grounds of their remarriage, or their children might automatically be taken away from them at particular ages if they are divorced. Some laws may give religious minorities no option to apply for divorce or may force them to make enormous financial sacrifices in order to obtain a divorce.
Body
Special Rapporteur on minority issues
Document type
Special Procedures' report
Topic(s)
  • Equality & Inclusion
  • Harmful Practices
  • Social & Cultural Rights
Person(s) affected
  • Children
  • Ethnic minorities
  • Families
Year
2013
Date added
Aug 19, 2019
Paragraph
View

Rights of indigenous women and girls 2015, para. 56

Paragraph text
Similarly, little disaggregated information is available about the specific dynamics of child marriage in indigenous communities, but it is known to take place in some communities. Much of the literature on child marriage demonstrates a strong link with poverty, therefore, the broader human rights violations of indigenous women and girls are likely to be strong causal factors for child marriage. Child marriage is not only a form of violence, but also a violation of the child's rights to education and family life. Child marriage can also lead to violations of the rights to life and health, as young girls often experience complications with pregnancy and childbirth, which can result in death. In addition, child marriage creates vulnerability to marital rape.
Body
Special Rapporteur on the rights of indigenous peoples
Document type
Special Procedures' report
Topic(s)
  • Harmful Practices
Person(s) affected
  • Children
  • Ethnic minorities
  • Families
  • Girls
  • Women
Year
2015
Date added
Aug 19, 2019
Paragraph
View

Rights of indigenous women and girls 2015, para. 55

Paragraph text
The World Health Organization (WHO) estimates that between 100 million and 140 million women and girls worldwide have been subjected to female gender mutilation. Female genital mutilation has been documented mainly in Africa, but also in some countries in the Middle East, Asia, and Central and South America. As recognized by WHO, there are no benefits to female genital mutilation; in fact, the procedure can have many negative consequences for women, including infection, complications in childbirth, pain, infertility and cysts, as well as their overall disempowerment within society. There is very little information about the prevalence and drivers of female genital mutilation among indigenous communities, but it is known to take place in some but not all indigenous communities.
Body
Special Rapporteur on the rights of indigenous peoples
Document type
Special Procedures' report
Topic(s)
  • Gender
  • Harmful Practices
  • Health
Person(s) affected
  • Ethnic minorities
  • Girls
  • Women
Year
2015
Date added
Aug 19, 2019
Paragraph
View

Rights of indigenous women and girls 2015, para. 54

Paragraph text
As discussed by the Special Rapporteur on violence against women, its causes and consequences in her 2007 thematic report, culture-based identity politics can be used to justify violence against women in the name of traditional practices and/or values. Practices commonly carried out in the name of tradition, such as female gender mutilation and child marriage, impact some but not all indigenous communities. The fact that those traditional practices cut across religious, geographical and ethnic characteristics demonstrate that there are multidimensional causal factors and that no one factor attributed to the identity of women makes them vulnerable. Violations suffered by indigenous women and girls must be viewed within the context of the broad spectrum of violations experienced and their specific vulnerabilities as members of indigenous communities.
Body
Special Rapporteur on the rights of indigenous peoples
Document type
Special Procedures' report
Topic(s)
  • Harmful Practices
  • Social & Cultural Rights
  • Violence
Person(s) affected
  • Children
  • Ethnic minorities
  • Girls
  • Women
Year
2015
Date added
Aug 19, 2019
Paragraph
View

Indigenous children and their rights under the Convention 2009, para. 22

Paragraph text
The Committee underlines that cultural practices provided by article 30 of the Convention must be exercised in accordance with other provisions of the Convention and under no circumstances may be justified if deemed prejudicial to the child's dignity, health and development. Should harmful practices be present, inter alia early marriages and female genital mutilation, the State party should work together with indigenous communities to ensure their eradication. The Committee strongly urges States parties to develop and implement awareness raising campaigns, education programmes and legislation aimed at changing attitudes and address gender roles and stereotypes that contribute to harmful practices.
Body
Committee on the Rights of the Child
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Gender
  • Harmful Practices
  • Social & Cultural Rights
Person(s) affected
  • Children
  • Ethnic minorities
Year
2009
Date added
Aug 19, 2019
Paragraph
View

Female circumcision 1990, para. 2

Paragraph text
Noting with satisfaction that Governments, where such practices exist, national women's organizations, non-governmental organizations, specialized agencies, such as the World Health Organization, the United Nations Children's Fund, as well as the Commission on Human Rights and its Submission on Prevention of Discrimination and Protection of Minorities, remain seized of the issue having particularly recognized that such traditional practices as female circumcision have serious health and other consequences for women and children,
Body
Committee on the Elimination of Discrimination against Women
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Harmful Practices
  • Health
Person(s) affected
  • Children
  • Ethnic minorities
  • Women
Year
1990
Date added
Aug 19, 2019
Paragraph
View

Accelerating efforts to eliminate all forms of violence against women: Preventing and responding to violence against women and girls, including indigenous women and girls 2016, para. 8

Paragraph text
Urges States to condemn strongly and publicly all forms of violence against women and girls, including indigenous women and girls, and to refrain from invoking any custom, tradition or religious consideration to avoid their obligations with respect to its elimination, including harmful practices, such as child, early and forced marriage and female genital mutilation;
Body
United Nations Human Rights Council
Document type
Resolution
Topic(s)
  • Harmful Practices
  • Violence
Person(s) affected
  • Ethnic minorities
  • Girls
  • Women
Year
2016
Date added
Aug 19, 2019
Paragraph
View

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