CEDAW/C/GC/31-CRC/C/GC/18
technical and other resources necessary to effectively enforce legislation that aims
to eliminate harmful practices.
47. Cultural groups engaged in harmful practices may contribute to spreading such
practices across national boundaries. Where this occurs, appropriate measures are
needed to contain the spread.
48. 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.
49. Individuals providing services for women and children, especially medical
personnel and teachers, are uniquely placed to identify actual or potential victims of
harmful practices. They are, however, often bound by rules of confidentiality that
may conflict with their obligation to report the actual occurrence of a harmful
practice or the potential for it to occur. This must be overcome with specific
regulations that make it mandatory for them to report such incidents.
50. Where medical professionals or government employees or civil servants are
involved or complicit in carrying out harmful practices, their status and
responsibility, including to report, should be seen as an aggravating circumstance in
the determination of criminal sanctions or administrative sanctions such as loss of a
professional licence or termination of contract, which should be preceded by the
issuance of warnings. Systematic training for relevant professionals is considered to
be an effective preventive measure in this regard.
51. Although criminal law sanctions must be consistently enforced in ways that
contribute to the prevention and elimination of harmful practices, States parties
must also take into account the potential threats to and negative impact on victims,
including acts of retaliation.
52. Monetary compensation may not be feasible in areas of high prevalence. In all
instances, however, women and children affected by harmful practices should have
access to legal remedies, victim support and rehabilitation services and social and
economic opportunities.
53. The best interests of the child and the protection of the rights of girls and
women should always be taken into consideration and the necessary conditions must
be in place to enable them to express their point of view and ensure that their
opinions are given due weight. Careful consideration should also be given to the
potential short-term and long-term impact on children or women of the dissolution
of child and/or forced marriages and the return of dowry payments and bride prices.
54. States parties, and in particular immigration and asylum officials, should be
aware that women and girls may be fleeing their country of origin to avoid
undergoing a harmful practice. Those officials should receive appropriate cultural,
legal and gender-sensitive training on what steps need to be taken for the protection
of such women and girls.
55. 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:
(a) That the process of drafting legislation is fully inclusive and
participatory. For that purpose, they should conduct targeted advocacy and
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