CEDAW/C/GC/31-CRC/C/GC/18
practice has occurred or may occur. Mandatory reporting responsibilities
should ensure the protection of the privacy and confidentiality of those who
report;
(k) That all initiatives to draft and amend criminal laws must be coupled
with protection measures and services for victims and those who are at risk of
being subjected to harmful practices;
(l) That legislation establishes jurisdiction over offences of harmful
practices that applies to nationals of the State party and habitual residents even
when they are committed in a State in which they are not criminalized;
(m) 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;
(n) That the legislation includes provisions on regular evaluation and
monitoring, including in relation to implementation, enforcement and follow-up;
(o) 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;
(p) That the legislation includes mandatory restraining or protection
orders to safeguard those at risk of harmful practices and provides for their
safety and measures to protect victims from retribution;
(q) That victims of violations have equal access to legal remedies and
appropriate reparations in practice.
C.
Prevention of harmful practices
56. One of the first steps in combating harmful practices is through prevention.
Both Committees have underlined that prevention can be best achieved through a
rights-based approach to changing social and cultural norms, empowering women
and girls, building the capacity of all relevant professionals who are in regular
contact with victims, potential victims and perpetrators of harmful practices at all
levels and raising awareness of the causes and consequences of harmful practices,
including through dialogue with relevant stakeholders.
1.
Establishing rights-based social and cultural norms
57. A social norm is a contributing factor to and social determinant of certain
practices in a community that may be positive and strengthen its identity and
cohesion or may be negative and potentially lead to harm. It is also a social rule of
behaviour that members of a community are expected to observe. This creates and
sustains a collective sense of social obligation and expectation that conditions the
behaviour of individual community members, even if they are not personally in
agreement with the practice. For example, where female genital mutilation is the
social norm, parents are motivated to agree to its being performed on their daughters
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