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 14-64765 13/24

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