CEDAW/C/GC/31-CRC/C/GC/18 12. The Conventions outline the obligations of States parties to establish a welldefined legal framework in order to ensure the protection and promotion of human rights. An important first step in doing so is through the incorporation of the instruments into national legal frameworks. Both Committees stress that legislation aimed at eliminating harmful practices must include appropriate budgeting, implementing, monitoring and effective enforcement measures. 7 13. Furthermore, the obligation to protect requires States parties to establish legal structures to ensure that harmful practices are promptly, impartially and independently investigated, that there is effective law enforcement and that effective remedies are provided to those who have been harmed by such practices. The Committees call upon States parties to explicitly prohibit by law and adequately sanction or criminalize harmful practices, in accordance with the gravity of the offence and harm caused, provide for means of prevention, protection, recovery, reintegration and redress for victims and combat impunity for harmful practices. 14. Given that the requirement to effectively address harmful practices is among the core obligations of States parties under the two Conventions, reservations to the relevant articles, 8 which have the effect of broadly limiting or qualifying the obligations of States parties to respect, protect and fulfil the rights of women and children to live free from harmful practices, are incompatible with the object and purpose of the two Conventions and impermissible pursuant to article 28 (2) of the Convention on the Elimination of All Forms of Discrimination against Women and article 51 (2) of the Convention on the Rights of the Child. V. Criteria for determining harmful practices 15. Harmful practices are persistent practices and forms of behaviour that are grounded in discrimination on the basis of, among other things, sex, gender and age, in addition to multiple and/or intersecting forms of discrimination that often involve violence and cause physical and/or psychological harm or suffering. The harm that such practices cause to the victims surpasses the immediate physical and mental consequences and often has the purpose or effect of impairing the recognition, enjoyment and exercise of the human rights and fundamental freedoms of women and children. There is also a negative impact on their dignity, physical, psychosocial and moral integrity and development, participation, health, education and economic and social status. The practices are therefore reflected in the work of both Committees. 16. For the purposes of the present joint general recommendation/general comment, practices should meet the following criteria to be regarded as harmful: (a) They constitute a denial of the dignity and/or integrity of the individual and a violation of the human rights and fundamental freedoms enshrined in the two Conventions; __________________ 7 8 14-64765 Committee on the Elimination of Discrimination against Women general recommendation No. 28, para. 38 (a), its concluding observations and Committee on the Rights of the Child general comment No. 13, para. 40. Convention on the Elimination of All Forms of Discrimination against Women, arts. 2, 5 and 16, and Convention on the Rights of the Child, arts. 19 and 24 (3). 5/24