CEDAW/C/GC/31-CRC/C/GC/18
of boys), extreme dietary restrictions, including during pregnancy (force-feeding,
food taboos), virginity testing and related practices, binding, scarring,
branding/infliction of tribal marks, corporal punishment, stoning, violent initiation
rites, widowhood practices, accusations of witchcraft, infanticide and incest. 3 They
also include body modifications that are performed for the purpose of beauty or
marriageability of girls and women (such as fattening, isolation, the use of lip discs
and neck elongation with neck rings) 4 or in an attempt to protect girls from early
pregnancy or from being subjected to sexual harassment and violence (such as
breast ironing). In addition, many women and children increasingly undergo
medical treatment and/or plastic surgery to comply with social norms of the body,
rather than for medical or health reasons, and many are also pressured to be
fashionably thin, which has resulted in an epidemic of eating and health disorders.
IV. Normative content of the Convention on the Elimination of
All Forms of Discrimination against Women and the
Convention on the Rights of the Child
10. Although the issue of harmful practices was less known at the time of drafting
of the Conventions, both include provisions that cover harmful practices as human
rights violations and oblige States parties to take steps to ensure that they are
prevented and eliminated. In addition, the Committees have increasingly tackled the
issue when examining States parties’ reports, in the ensuing dialogue with States
parties and in their concluding observations. The issue has been further developed
by the Committees in their general recommendations and general comments. 5
11. States parties to the Conventions have a duty to comply with their obligations
to respect, protect and fulfil the rights of women and children. They also have a
due-diligence obligation 6 to prevent acts that impair the recognition, enjoyment or
exercise of rights by women and children and ensure that private actors do not
engage in discrimination against women and girls, including gender-based violence,
in relation to the Convention on the Elimination of All Forms of Discrimination
against Women, or any form of violence against children, in relation to the
Convention on the Rights of the Child.
__________________
3
4
5
6
4/24
See Committee on the Elimination of Discrimination against Women general recommendation
No. 19, para. 11, and Committee on the Rights of the Child general comment No. 13, para. 29.
See A/61/299, para. 46.
To date, the Committee on the Elimination of Discrimination against Women has referred to
harmful practices in nine of its general recommendations: No. 3 on the implementation of
article 5 of the Convention, No. 14, No. 19, No. 21 on equality in marriage and family relations,
No. 24 on women and health, No. 25 on temporary special measures, No. 28 on the core
obligations of States parties under article 2 of the Convention, No. 29 on the economic
consequences of marriage, family relations and their dissolution and No. 30 on women in conflict
prevention, conflict and post-conflict situations. The Committee on the Rights of the Child
provides a non-exhaustive list of harmful practices in its general comments Nos. 8 and 13.
Due diligence should be understood as an obligation of States parties to the Conventions to
prevent violence or violations of human rights, protect victims and witnesses from violations,
investigate and punish those responsible, including private actors, and provide access to redress
for human rights violations. See Committee on the Elimination of Discrimination against
Women general recommendations Nos. 19, para. 9; 28, para. 13; 30, para. 15; the views and
decisions of the Committee on individual communications and inquiries; and Committee on the
Rights of the Child general comment No. 13, para. 5.
14-64765