CEDAW/C/GC/31-CRC/C/GC/18
III. Rationale for the joint general recommendation/
general comment
6.
The Committee on the Elimination of Discrimination against Women and the
Committee on the Rights of the Child consistently note that harmful practices are
deeply rooted in social attitudes according to which women and girls are regarded as
inferior to men and boys based on stereotyped roles. They also highlight the gender
dimension of violence and indicate that sex- and gender-based attitudes and
stereotypes, power imbalances, inequalities and discrimination perpetuate the
widespread existence of practices that often involve violence or coercion. It is also
important to recall that the Committees are concerned that the practices are also
used to justify gender-based violence as a form of “protection” or control of
women 1 and children in the home or community, at school or in other educational
settings and institutions and in wider society. Moreover, the Committees draw States
parties’ attention to the fact that sex- and gender-based discrimination intersects
with other factors that affect women 2 and girls, in particular those who belong to, or
are perceived as belonging to, disadvantaged groups, and who are therefore at a
higher risk of becoming victims of harmful practices.
7.
Harmful practices are therefore grounded in discrimination based on sex,
gender and age, among other things, and have often been justified by invoking
sociocultural and religious customs and values, in addition to misconceptions
relating to some disadvantaged groups of women and children. Overall, harmful
practices are often associated with serious forms of violence or are themselves a
form of violence against women and children. While the nature and prevalence of
the practices vary by region and culture, the most prevalent and well documented
are female genital mutilation, child and/or forced marriage, polygamy, crimes
committed in the name of so-called honour and dowry-related violence. Given that
those practices are frequently raised before both Committees, and in some cases
have been demonstrably reduced through legislative and programmatic approaches,
they are used herein as key illustrative examples.
8.
Harmful practices are endemic to a wide variety of communities in most
countries. Some are also found in regions or countries in which they had not been
previously documented, primarily owing to migration, whereas in other countries
where such practices had disappeared they are now re-emerging as a result of such
factors as conflict situations.
9.
Many other practices having been identified as harmful practices are all
strongly connected to and reinforce socially constructed gender roles and systems of
patriarchal power relations and sometimes reflect negative perceptions of or
discriminatory beliefs regarding certain disadvantaged groups of women and
children, including individuals with disabilities or albinism. The practices include,
but are not limited to, neglect of girls (linked to the preferential care and treatment
__________________
1
2
14-64765
Committee on the Elimination of Discrimination against Women general recommendation
No. 19, para. 11; Committee on the Rights of the Child general comment No. 9 on the rights of
children with disabilities, paras. 8, 10 and 79; and Committee on the Rights of the Child general
comment No. 15 on the right of the child to the enjoyment of the highest attainable standard of
health, paras. 8 and 9.
Committee on the Elimination of Discrimination against Women general recommendation
No. 28 on the core obligations of States parties under article 2 of the Convention, para. 18.
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