CEDAW/C/GC/31-CRC/C/GC/18
VII. Holistic framework for addressing harmful practices
31. 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)) 14 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)).
32. The Convention on the Rights of the Child, on the other hand, obliges States
parties to take all effective and appropriate measures with a view to abolishing
traditional practices prejudicial to the health of children (art. 24 (3)). In addition, it
provides for the right of the child to be protected from all forms of violence,
including physical, sexual or psychological violence (art. 19) and requires States
parties to ensure that no child is subjected to torture or other cruel, inhuman or
degrading treatment or punishment (art. 37 (a)). It applies the four general
principles of the Convention to the issue of harmful practices, namely protection
from discrimination (art. 2), ensuring the best interests of the child (art. 3 (1)), 15
upholding the right to life, survival and development (art. 6) and the right of the
child to be heard (art. 12).
33. In both instances, the effective prevention and elimination of harmful practices
require the establishment of a well-defined, rights-based and locally relevant
holistic strategy that includes supportive legal and policy measures, including social
measures that are combined with commensurate political commitment and
accountability at all levels. The obligations outlined in the Conventions provide the
basis for the development of a holistic strategy to eliminate harmful practices, the
elements of which are set out herein.
34. Such a holistic strategy must be mainstreamed and coordinated both vertically
and horizontally and integrated into national efforts to prevent and address all forms
of harmful practices. Horizontal coordination requires organization across sectors,
including education, health, justice, social welfare, law enforcement, immigration
and asylum and communications and media. Similarly, vertical coordination
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15
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Committee on the Elimination of Discrimination against Women general recommendation
No. 25, para. 38.
Committee on the Rights of the Child general comment No. 14 on the right of the child to have
his or her best interests taken as a primary consideration.
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