United Nations CEDAW/C/GC/31/Rev.1–CRC/C/GC/18/Rev.

1
Convention on the Elimination Distr.: General
8 May 2019
of All Forms of Discrimination
against Women Original: English

Convention on the Rights of

the Child

Committee on the Elimination of Committee on the Rights of the Child

Discrimination against Women

Joint general recommendation No. 31 of the Committee on

the Elimination of Discrimination against Women/general
comment No. 18 of the Committee on the Rights of the Child
(2019) on harmful practices*

* The joint general recommendation/general comment on harmful practices was initially adopted in
2014. It was subsequently revised by the Committee on the Elimination of Discrimination against
Women at its seventy-second session and by the Committee on the Rights of the Child at its eightieth
session.

GE.19-07611(E)


CEDAW/C/GC/31/Rev.1–CRC/C/GC/18/Rev.1

Contents
Page
I. Introduction ................................................................................................................................... 3
II. Objective and scope of the joint general recommendation/general comment ............................... 3
III. Rationale for the joint general recommendation/general comment ............................................... 3
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 ........................... 4
V. Criteria for determining harmful practices .................................................................................... 6
VI. Causes, forms and manifestations of harmful practices ................................................................ 6
A. Female genital mutilation ..................................................................................................... 6
B. Child and/or forced marriage ................................................................................................ 7
C. Polygamy .............................................................................................................................. 8
D. Crimes committed in the name of so-called honour ............................................................. 8
VII. Holistic framework for addressing harmful practices ................................................................... 9
A. Data collection and monitoring ............................................................................................. 10
B. Legislation and its enforcement ............................................................................................ 10
C. Prevention of harmful practices ............................................................................................ 13
D. Protective measures and responsive services ........................................................................ 18
VIII. Dissemination and use of the joint general recommendation/general
comment and reporting.................................................................................................................. 20
IX. Treaty ratification or accession and reservations .......................................................................... 20

2
 CEDAW/C/GC/31/Rev.1–CRC/C/GC/18/Rev.1

I. Introduction
1. The Convention on the Elimination of All Forms of Discrimination against Women
and the Convention on the Rights of the Child contain legally binding obligations that relate
both in general and specifically to the elimination of harmful practices. The Committee on
the Elimination of Discrimination against Women and the Committee on the Rights of the
Child have consistently drawn attention to those practices affecting women and children,
primarily girls, in the execution of their monitoring mandates. It is by virtue of that
overlapping mandate and the shared commitment to prevent, respond to and eliminate
harmful practices, wherever and in whichever form they occur, that the Committees
decided to develop the present joint general recommendation/general comment.

II. Objective and scope of the joint general recommendation/

general comment
2. The objective of the present joint general recommendation/general comment is to
clarify the obligations of States parties to the Conventions by providing authoritative
guidance on legislative, policy and other appropriate measures that must be taken to ensure
full compliance with their obligations under the Conventions to eliminate harmful practices.
3. The Committees acknowledge that harmful practices affect adult women, both
directly and/or owing to the long-term impact of practices to which they were subjected as
girls. The present joint general recommendation/general comment therefore further
elaborates on the obligations of States parties to the Convention on the Elimination of All
Forms of Discrimination against Women with regard to the relevant provisions for the
elimination of harmful practices that affect the rights of women.
4. Moreover, the Committees recognize that boys are also the victims of violence,
harmful practices and bias and that their rights must be addressed for their protection and to
prevent gender-based violence and the perpetuation of bias and gender inequality later in
their lives. Accordingly, reference is made herein to the obligations of States parties to the
Convention on the Rights of the Child regarding harmful practices stemming from
discrimination that affect boys’ enjoyment of their rights.
5. The present joint general recommendation/general comment should be read in
conjunction with the relevant general recommendations and general comments issued by
the Committees, in particular general recommendation No. 19 (1992) on violence against
women, of the Committee on the Elimination of Discrimination against Women, and
general comment No. 8 (2006) on the right of the child to protection from corporal
punishment and other cruel or degrading forms of punishment and general comment No. 13
(2011) on the right of the child to freedom from all forms of violence, of the Committee on
the Rights of the Child. The content of general recommendation No. 14 (1990) on female
circumcision, of the Committee on the Elimination of Discrimination against Women, is
updated by the present joint general recommendation/general comment.

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

3
CEDAW/C/GC/31/Rev.1–CRC/C/GC/18/Rev.1

as a form of “protection” or control of women1 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 women2 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 in 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 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

1 Committee on the Elimination of Discrimination against Women, general recommendation No. 19

(1992), para. 11; Committee on the Rights of the Child, general comment No. 9 (2006) on the rights
of children with disabilities, paras. 8, 10 and 79; and Committee on the Rights of the Child, general
comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of
health, paras. 8 and 9.
2 Committee on the Elimination of Discrimination against Women, general recommendation No. 28
(2010) on the core obligations of States parties under article 2 of the Convention, para. 18.
3 See Committee on the Elimination of Discrimination against Women, general recommendation No.
19 (1992), para. 11, and Committee on the Rights of the Child, general comment No. 13 (2011), para.
29.
4 See A/61/299, para. 46.

4
 CEDAW/C/GC/31/Rev.1–CRC/C/GC/18/Rev.1

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
obligation6 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.
12. The Conventions outline the obligations of States parties to establish a well-defined
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.

5 To date, the Committee on the Elimination of Discrimination against Women has referred to
harmful practices in nine of its general recommendations: No. 3 (1987) on education and public
information campaigns, No. 14 (1990), No. 19 (1992), No. 21 (1994) on equality in marriage
and family relations, No. 24 (1999) on women and health, No. 25 (2004) on temporary special
measures, No. 28 (2010) on the core obligations of States parties under article 2 of the
Convention, No. 29 (2013) on the economic consequences of marriage, family relations and
their dissolution, and No. 30 (2013) 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 (2006) and 13 (2011).
6 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 (1992), para. 9; 28 (2010), para. 13; 30 (2013), 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 (2011), para. 5.
7 Committee on the Elimination of Discrimination against Women, general recommendation No. 28
(2010), para. 38 (a), its concluding observations and Committee on the Rights of the Child, general
comment No. 13 (2011), para. 40.
8 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
CEDAW/C/GC/31/Rev.1–CRC/C/GC/18/Rev.1

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;
(b) They constitute discrimination against women or children and are harmful
insofar as they result in negative consequences for them as individuals or groups, including
physical, psychological, economic and social harm and/or violence and limitations on their
capacity to participate fully in society or develop and reach their full potential;
(c) They are traditional, re-emerging or emerging practices that are prescribed
and/or kept in place by social norms that perpetuate male dominance and inequality of
women and children, on the basis of sex, gender, age and other intersecting factors;
(d) They are imposed on women and children by family members, community
members or society at large, regardless of whether the victim provides, or is able to provide,
full, free and informed consent.

VI. Causes, forms and manifestations of harmful practices

17. The causes of harmful practices are multidimensional and include stereotyped sex-
and gender-based roles, the presumed superiority or inferiority of either of the sexes,
attempts to exert control over the bodies and sexuality of women and girls, social
inequalities and the prevalence of male-dominated power structures. Efforts to change the
practices must address those underlying systemic and structural causes of traditional, re-
emerging and emerging harmful practices, empower girls and women and boys and men to
contribute to the transformation of traditional cultural attitudes that condone harmful
practices, act as agents of such change and strengthen the capacity of communities to
support such processes.
18. The efforts to combat harmful practices notwithstanding, the overall number of
women and girls affected remains extremely high and may be increasing, including, for
example, in conflict situations and as a result of technological developments such as the
widespread use of social media. Through the examination of State parties’ reports, the
Committees have noted that there is often continued adherence to harmful practices by
members of practising communities who have moved to destination countries through
migration or to seek asylum. Social norms and cultural beliefs supporting such harmful
practices persist and are at times emphasized by a community in an attempt to preserve its
cultural identity in a new environment, in particular in destination countries where gender
roles provide women and girls with greater personal freedom.

A. Female genital mutilation

19. Female genital mutilation, female circumcision or female genital cutting is the
practice of partially or wholly removing the external female genitalia or otherwise injuring
the female genital organs for non-medical or non-health reasons. In the context of the

6
 CEDAW/C/GC/31/Rev.1–CRC/C/GC/18/Rev.1

present joint general recommendation/general comment, it is referred to as female genital

mutilation. Female genital mutilation is performed in every region and, within some
cultures, is a requirement for marriage and believed to be an effective method of controlling
the sexuality of women and girls. It may have various immediate and/or long-term health
consequences, including severe pain, shock, infections and complications during childbirth
(affecting both the mother and the child), long-term gynaecological problems such as fistula,
psychological effects and death. The World Health Organization and the United Nations
Children’s Fund estimate that between 100 million and 140 million girls and women
worldwide have been subjected to a type of female genital mutilation.

B. Child and/or forced marriage

20. Child marriage, also referred to as early marriage, is any marriage where at least one
of the parties is under 18 years of age. The overwhelming majority of child marriages, both
formal and informal, involve girls, although at times their spouses are also under 18 years
of age. A child marriage is considered to be a form of forced marriage, given that one or
both parties have not expressed full, free and informed consent.
21. In some contexts, children are betrothed or married very young and, in many cases,
young girls are forced to marry men who may be decades older. In 2012, the United
Nations Children’s Fund reported that almost 400 million women between 20 and 49 years
of age around the world had been married or had entered into a union before reaching 18
years of age.9 The Committees have therefore been paying particular attention to cases in
which girls have been married against their full, free and informed consent, such as when
they have been married too young to be physically and psychologically ready for adult life
or to make conscious and informed decisions and thus not ready to consent to marriage.
Other examples include cases in which guardians have the legal authority to consent to
marriage of girls in accordance with customary or statutory law and in which girls are thus
married contrary to the right to freely enter into marriage.
22. Child marriage is often accompanied by early and frequent pregnancy and childbirth,
resulting in higher than average maternal morbidity and mortality rates. Pregnancy-related
deaths are the leading cause of mortality for girls between 15 and 19 years of age, whether
married or unmarried, around the world. Infant mortality among the children of very young
mothers is higher (sometimes as much as two times higher) than among those of older
mothers. In cases of child and/or forced marriage, in particular where the husband is
significantly older than the wife, and where girls have limited education, the girls generally
have limited decision-making power in relation to their own lives. Child marriage also
contributes to higher rates of school dropout, especially among girls, forced exclusion from
school and an increased risk of domestic violence, in addition to limiting the enjoyment of
the right to freedom of movement.
23. Forced marriages are marriages in which one or both parties have not personally
expressed their full and free consent to the union. They may be manifested in various forms,
including child marriage, as indicated above, exchange or trade-off marriages (e.g. baad
and baadal), servile marriages and levirate marriages (coercing a widow to marry a relative
of her deceased husband). In some contexts, a forced marriage may occur when a rapist is
permitted to escape criminal sanctions by marrying the victim, usually with the consent of
her family. Forced marriages may occur in the context of migration in order to ensure that a
girl marries within the family’s community of origin or to provide extended family
members or others with documents to migrate to and/or live in a particular destination
country. Forced marriages are also increasingly being used by armed groups during conflict
or may be a means for a girl to escape post-conflict poverty.10 Forced marriage may also be
defined as a marriage in which one of the parties is not permitted to end or leave it. Forced
marriages often result in girls lacking personal and economic autonomy and attempting to
flee or commit self-immolation or suicide to avoid or escape the marriage.

9 See www.apromiserenewed.org.
10 Committee on the Elimination of Discrimination against Women, general recommendation No. 30
(2013), para. 62.

7
CEDAW/C/GC/31/Rev.1–CRC/C/GC/18/Rev.1

24. The payment of dowries and bride prices, which varies among practising
communities, may increase the vulnerability of women and girls to violence and to other
harmful practices. The husband or his family members may engage in acts of physical or
psychological violence, including murder, burning and acid attacks, for failure to fulfil
expectations regarding the payment of a dowry or its size. In some cases, families will
agree to the temporary “marriage” of their daughter in exchange for financial gains, also
referred to as a contractual marriage, which is a form of trafficking in human beings. States
parties to the Optional Protocol to the Convention on the Rights of the Child on the sale of
children, child prostitution and child pornography have explicit obligations with regard to
child and/or forced marriages that include dowry payments or bride prices because they
could constitute a sale of children as defined in article 2 (a) of the Protocol. 11 The
Committee on the Elimination of Discrimination against Women has repeatedly stressed
that allowing marriage to be arranged by such payment or preferment violates the right to
freely choose a spouse and has in its general recommendation No. 29 (2013) outlined that
such practice should not be required for a marriage to be valid and that such agreements
should not be recognized by a State party as enforceable.

C. Polygamy

25. Polygamy is contrary to the dignity of women and girls and infringes on their human
rights and freedoms, including equality and protection within the family. Polygamy varies
across, and within, legal and social contexts and its impact includes harm to the health of
wives, understood as physical, mental and social well-being, the material harm and
deprivation that wives are liable to suffer and emotional and material harm to children,
often with serious consequences for their welfare.
26. While many States parties have chosen to ban polygamy, it continues to be practised
in some countries, whether legally or illegally. Although throughout history polygamous
family systems have been functional in some agricultural societies as a way of ensuring
larger labour forces for individual families, studies have shown that polygamy actually
often results in increased poverty in the family, especially in rural areas.
27. Both women and girls find themselves in polygamous unions, with evidence
showing that girls are much more likely to be married or betrothed to much older men,
increasing the risk of violence and violations of their rights. The coexistence of statutory
laws with religious, personal status and traditional customary laws and practices often
contributes to the persistence of the practice. In some States parties, however, polygamy is
authorized by civil law. Constitutional and other provisions that protect the right to culture
and religion have also at times been used to justify laws and practices that allow for
polygamous unions.
28. States parties to the Convention on the Elimination of All Forms of Discrimination
against Women have explicit obligations to discourage and prohibit polygamy because it is
contrary to the Convention. 12 The Committee on the Elimination of Discrimination against
Women also contends that polygamy has significant ramifications for the economic well-
being of women and their children.13

D. Crimes committed in the name of so-called honour

29. Crimes committed in the name of so-called honour are acts of violence that are
disproportionately, although not exclusively, committed against girls and women because
family members consider that some suspected, perceived or actual behaviour will bring
dishonour to the family or community. Such forms of behaviour include entering into

11 See also art. 3 (1) (a) (i).

12 Committee on the Elimination of Discrimination against Women, general recommendations Nos. 21
(1994), 28 (2010) and 29 (2013).
13 Committee on the Elimination of Discrimination against Women, general recommendation No. 29
(2013), para. 27.

8
 CEDAW/C/GC/31/Rev.1–CRC/C/GC/18/Rev.1

sexual relations before marriage, refusing to agree to an arranged marriage, entering into a
marriage without parental consent, committing adultery, seeking divorce, dressing in a way
that is viewed as unacceptable to the community, working outside the home or generally
failing to conform to stereotyped gender roles. Crimes in the name of so-called honour may
also be committed against girls and women because they have been victims of sexual
violence.
30. Such crimes include murder and are frequently committed by a spouse, female or
male relative or a member of the victim’s community. Rather than being viewed as criminal
acts against women, crimes committed in the name of so-called honour are often sanctioned
by the community as a means of preserving and/or restoring the integrity of its cultural,
traditional, customary or religious norms following alleged transgressions. In some contexts,
national legislation or its practical application, or the absence thereof, allows for the
defence of honour to be presented as an exculpatory or a mitigating circumstance for
perpetrators of such crimes, resulting in reduced sanctions or impunity. In addition,
prosecution of cases may be impeded by unwillingness on the part of individuals with
knowledge of the case to provide corroborating evidence.

VII. Holistic framework for addressing harmful practices

31. Both Conventions contain specific references to the elimination of harmful practices.
States parties to the Convention on the Elimination of All Forms of Discrimination against
Women are obliged to plan and adopt appropriate legislation, policies and measures and
ensure that their implementation responds effectively to specific obstacles, barriers and
resistance to the elimination of discrimination that give rise to harmful practices and
violence against women (arts. 2 and 3). States parties must, however, be able to
demonstrate the direct relevance and appropriateness of the measures that have been taken,
ensuring first and foremost that the human rights of women are not violated, and
demonstrate whether such measures will achieve the desired effect and result. Furthermore,
the obligation of States parties to pursue such targeted policies is of an immediate nature
and States parties cannot justify any delay on any grounds, including cultural and religious
grounds. States parties are also obliged to take all appropriate measures, including
temporary special measures (art. 4 (1)) 14 to modify the social and cultural patterns of
conduct of men and women, with a view to achieving the elimination of prejudices and
customary and all other practices that are based on the idea of the inferiority or the
superiority of either sexes or on stereotyped roles for men and women (art. 5 (a)) and to
ensure that the betrothal and the marriage of a child will have no legal effect (art. 16 (2)).
32. The Convention on the Rights of the Child, on the other hand, obliges States parties
to take all effective and appropriate measures with a view to abolishing traditional practices
prejudicial to the health of children (art. 24 (3)). In addition, it provides for the right of the
child to be protected from all forms of violence, including physical, sexual or psychological
violence (art. 19) and requires States parties to ensure that no child is subjected to torture or
other cruel, inhuman or degrading treatment or punishment (art. 37 (a)). It applies the four
general principles of the Convention to the issue of harmful practices, namely protection
from discrimination (art. 2), ensuring the best interests of the child (art. 3 (1)), 15 upholding
the right to life, survival and development (art. 6), and the right of the child to be heard (art.
12).
33. In both instances, the effective prevention and elimination of harmful practices
require the establishment of a well-defined, rights-based and locally relevant holistic
strategy that includes supportive legal and policy measures, including social measures that
are combined with commensurate political commitment and accountability at all levels. The
obligations outlined in the Conventions provide the basis for the development of a holistic
strategy to eliminate harmful practices, the elements of which are set out herein.

14 Committee on the Elimination of Discrimination against Women, general recommendation No. 25

(2004), para. 38.
15 Committee on the Rights of the Child, general comment No. 14 (2013) on the right of the child to
have his or her best interests taken as a primary consideration.

9
CEDAW/C/GC/31/Rev.1–CRC/C/GC/18/Rev.1

34. Such a holistic strategy must be mainstreamed and coordinated both vertically and
horizontally and integrated into national efforts to prevent and address all forms of harmful
practices. Horizontal coordination requires organization across sectors, including education,
health, justice, social welfare, law enforcement, immigration and asylum, and
communications and media. Similarly, vertical coordination requires organization between
actors at the local, regional and national levels and with traditional and religious authorities.
To facilitate the process, consideration should be given to delegating responsibility for the
work to an existing or specifically established high-level entity, in cooperation with all
relevant stakeholders.
35. The implementation of any holistic strategy necessarily requires the provision of
adequate organizational, human, technical and financial resources that are supplemented
with appropriate measures and tools, such as regulations, policies, plans and budgets. In
addition, States parties are obliged to ensure that an independent monitoring mechanism is
in place to track progress in protecting women and children from harmful practices and in
realizing their rights.
36. Strategies aimed at eliminating harmful practices also need to involve a wide range
of other stakeholders, including national independent human rights institutions, health,
education and law enforcement professionals, members of civil society and those who
engage in the practices.

A. Data collection and monitoring

37. The regular and comprehensive collection, analysis, dissemination and use of
quantitative and qualitative data are crucial to ensuring effective policies, developing
appropriate strategies and formulating actions, as well as evaluating impacts, monitoring
progress achieved towards the elimination of harmful practices and identifying re-emerging
and emerging harmful practices. The availability of data allows for the examination of
trends and enables the establishment of the relevant connections between policies and
effective programme implementation by State and non-State actors and the corresponding
changes in attitudes, forms of behaviour, practices and prevalence rates. Data disaggregated
by sex, age, geographical location, socioeconomic status, education level and other key
factors are central to the identification of high-risk and disadvantaged groups of women and
children, which will guide policy formulation and action to address harmful practices.
38. Such recognition notwithstanding, disaggregated data on harmful practices remain
limited and are seldom comparable by country and over time, resulting in limited
understanding of the extent and evolution of the problem and identification of adequately
tailored and targeted measures.
39. The Committees recommend that the States parties to the Conventions:
(a) Accord priority to the regular collection, analysis, dissemination and use
of quantitative and qualitative data on harmful practices disaggregated by sex, age,
geographical location, socioeconomic status, education level and other key factors, and
ensure that such activities are adequately resourced. Regular data collection systems
should be established and/or maintained in the health-care and social services,
education and judicial and law enforcement sectors on protection-related issues;
(b) Collect data through the use of national demographic and indicator
surveys and censuses, which may be supplemented by data from nationally
representative household surveys. Qualitative research should be conducted through
focus group discussions, in-depth key informant interviews with a wide variety of
stakeholders, structured observations, social mapping and other appropriate
methodologies.

B. Legislation and its enforcement

40. A key element of any holistic strategy is the development, enactment,

implementation and monitoring of relevant legislation. Each State party is under the

10
 CEDAW/C/GC/31/Rev.1–CRC/C/GC/18/Rev.1

obligation16 to send a clear message of condemnation of harmful practices, provide legal

protection for victims, enable State and non-State actors to protect women and children at
risk, provide appropriate responses and care, and ensure the availability of redress and an
end to impunity.
41. The enactment of legislation alone is, however, insufficient to combat harmful
practices effectively. In accordance with the requirements of due diligence, legislation must
therefore be supplemented with a comprehensive set of measures to facilitate its
implementation, enforcement and follow-up, and monitoring and evaluation of the results
achieved.
42. Contrary to their obligations under both Conventions, many States parties maintain
legal provisions that justify, allow or lead to harmful practices, such as legislation that
allows for child marriage, provides the defence of so-called honour as an exculpatory or
mitigating factor for crimes committed against girls and women or enables a perpetrator of
rape and/or other sexual crimes to avoid sanctions by marrying the victim.
43. In States parties with plural legal systems, even where laws explicitly prohibit
harmful practices, prohibition may not be enforced effectively because the existence of
customary, traditional or religious laws may actually support those practices.
44. Prejudices and weak capacity to address the rights of women and children among
judges in customary and religious courts or traditional adjudication mechanisms and the
belief that matters falling within the purview of such customary systems should not be
subjected to any review or scrutiny by the State or other judicial bodies deny or limit the
access to justice of victims of harmful practices.
45. The full and inclusive participation of relevant stakeholders in the drafting of
legislation against harmful practices can ensure that the primary concerns relating to the
practices are accurately identified and addressed. Engaging with and soliciting input from
practising communities, other relevant stakeholders and members of civil society is central
to this process. Care should be taken, however, to ensure that prevailing attitudes and social
norms that support harmful practices do not weaken efforts to enact and enforce legislation.
46. Many States parties have taken steps to decentralize government power through
devolution and delegation, but this should not reduce or negate the obligation to enact
legislation that prohibits harmful practices and is applicable throughout their jurisdiction.
Safeguards must be put in place to ensure that decentralization or devolution does not lead
to discrimination with regard to protection of women and children against harmful practices
in different regions and cultural zones. Devolved authorities need to be equipped with the
human, financial, 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

16 See Convention on the Elimination of All Forms of Discrimination against Women, arts. 2 (a)–
(c), 2 (f) and 5, and Committee on the Rights of the Child, general comment No. 13 (2011).

11
CEDAW/C/GC/31/Rev.1–CRC/C/GC/18/Rev.1

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
awareness-raising and use social mobilization measures to generate broad public
knowledge of and support for the drafting, adoption, dissemination and
implementation of the legislation;
(b) That the legislation is in full compliance with the relevant obligations
outlined in the Convention on the Elimination of All Forms of Discrimination against
Women and the Convention on the Rights of the Child and other international human
rights standards that prohibit harmful practices and that it takes precedence over
customary, traditional or religious laws that allow, condone or prescribe any harmful
practice, especially in countries with plural legal systems;
(c) That they repeal without further delay all legislation that condones,
allows or leads to harmful practices, including traditional, customary or religious laws
and any legislation that accepts the defence of honour as a defence or mitigating factor
in the commission of crimes in the name of so-called honour;
(d) That the legislation is consistent and comprehensive and provides
detailed guidance on prevention, protection, support and follow-up services and
assistance for victims, including towards their physical and psychological recovery
and social reintegration, and is complemented by adequate civil and/or administrative
legislative provisions;
(e) That the legislation adequately addresses, including by providing the
basis for the adoption of temporary special measures, the root causes of harmful
practices, including discrimination on the basis of sex, gender, age and other
intersecting factors, focuses on the human rights and needs of the victims and fully
takes into account the best interests of children and women;
(f) That a minimum legal age of marriage for girls and boys, with or
without parental consent, is established at 18 years;

12
 CEDAW/C/GC/31/Rev.1–CRC/C/GC/18/Rev.1

(g) That a legal requirement of marriage registration is established and

effective implementation is provided through awareness-raising, education and the
existence of adequate infrastructure to make registration accessible to all persons
within their jurisdiction;
(h) That a national system of compulsory, accessible and free birth
registration is established in order to effectively prevent harmful practices, including
child marriage;
(i) That national human rights institutions are mandated to consider
individual complaints and petitions and carry out investigations, including those
submitted on behalf of or directly by women and children, in a confidential, gender-
sensitive and child-friendly manner;
(j) That it is made mandatory by law for professionals and institutions
working for and with children and women to report actual incidents or the risk of
such incidents if they have reasonable grounds to believe that a harmful 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

13
CEDAW/C/GC/31/Rev.1–CRC/C/GC/18/Rev.1

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 because they see other parents doing so and believe that others expect
them to do the same. The norm or practice is often perpetuated by other women in
community networks who have already undergone the procedure and exert additional
pressure on younger women to conform to the practice or risk ostracism, being shunned and
stigmatization. Such marginalization may include the loss of important economic and social
support and social mobility. Conversely, if individuals conform to the social norm, they
expect to be rewarded, for example through inclusion and praise. Changing social norms
that underlie and justify harmful practices requires that such expectations be challenged and
modified.
58. Social norms are interconnected, meaning that harmful practices cannot be
addressed in isolation, but within a broader context based on a comprehensive
understanding of how the practices are linked to other cultural and social norms and other
practices. This indicates the need to adopt a rights-based approach that is founded on
recognition that rights are indivisible and interdependent.
59. An underlying challenge that must be confronted is the fact that harmful practices
may be perceived as having beneficial effects for the victims and members of their family
and community. Consequently, there are significant limitations to any approach that targets
only individual behavioural change. Instead, there is a need for a broad-based and holistic
collective or community-based approach. Culturally sensitive interventions that reinforce
human rights and enable practising communities to collectively explore and agree upon
alternative ways to fulfil their values and honour or celebrate traditions without causing
harm and violating the human rights of women and children can lead to the sustainable and
large-scale elimination of the harmful practices and the collective adoption of new social
rules. Public manifestations of a collective commitment to alternative practices can help to
reinforce their long-term sustainability. In this regard, the active involvement of community
leaders is crucial.
60. The Committees recommend that the States parties to the Conventions ensure
that any efforts undertaken to tackle harmful practices and to challenge and change
underlying social norms are holistic, community-based and founded on a rights-based
approach that includes the active participation of all relevant stakeholders, especially
women and girls.

2. Empowerment of women and girls

61. States parties have an obligation to challenge and change patriarchal ideologies and
structures that constrain women and girls from fully exercising their human rights and
freedoms. For girls and women to overcome the social exclusion and poverty that many
experience, which increase their vulnerability to exploitation, harmful practices and other
forms of gender-based violence, they need to be equipped with the skills and competencies
necessary to assert their rights, including to make autonomous and informed decisions and
choices about their own lives. In this context, education is an important tool for
empowering women and girls to claim their rights.
62. There is a clear correlation between the low educational attainment of girls and
women and the prevalence of harmful practices. States parties to the Conventions have
obligations to ensure the universal right to high-quality education and to create an enabling
environment that allows girls and women to become agents of change (Convention on the
Rights of the Child, arts. 28 and 29; Convention on the Elimination of All Forms of
Discrimination against Women, art. 10). This entails providing universal, free and
compulsory primary school enrolment and ensuring regular attendance, discouraging
dropping out, eliminating existing gender disparities and supporting access for the most
marginalized girls, including those living in remote and rural communities. In
implementing the obligations, consideration should be given to making schools and their
surroundings safe, friendly to girls and conducive to their optimal performance.

14
 CEDAW/C/GC/31/Rev.1–CRC/C/GC/18/Rev.1

63. The completion of primary and secondary education provides girls with short-term
and long-term benefits by contributing to the prevention of child marriage and adolescent
pregnancy and lower rates of infant and maternal mortality and morbidity, preparing
women and girls to better claim their right to freedom from violence and increasing their
opportunities for effective participation in all spheres of life. The Committees have
consistently encouraged States parties to take measures to boost enrolment and retention in
secondary education, including by ensuring that pupils complete primary school, abolishing
school fees for both primary and secondary education, promoting equitable access to
secondary education, including technical-vocational educational opportunities and giving
consideration to making secondary education compulsory. The right of adolescent girls to
continue their studies during and after pregnancy can be guaranteed through non-
discriminatory return policies.
64. For out-of-school girls, non-formal education is often their only route to learning
and should provide basic education and instruction in life skills. It is an alternative to
formal schooling for those who did not complete primary or secondary school and may also
be made available through radio programmes and other media, including digital media.
65. Women and girls are enabled to build their economic assets through training in
livelihood and entrepreneurship skills and benefit from programmes that offer an economic
incentive to postpone marriage until 18 years of age, such as scholarships, microcredit
programmes or savings schemes (Convention on the Elimination of All Forms of
Discrimination against Women, arts. 11 and 13; Convention on the Rights of the Child, art.
28). Complementary awareness-raising programmes are essential to communicating the
right of women to work outside the home and challenging taboos about women and work.
66. Another means of encouraging the empowerment of women and girls is by building
their social assets. This can be facilitated through the creation of safe spaces where girls
and women can connect with peers, mentors, teachers and community leaders and express
themselves, speak out, articulate their aspirations and concerns and participate in decisions
affecting their lives. This can help them to develop self-esteem and self-efficacy,
communication, negotiation and problem-solving skills and awareness of their rights and
can be particularly important for migrant girls. Given that men have traditionally held
positions of power and influence at all levels, their engagement is crucial to ensuring that
children and women have the support and committed engagement of their families,
communities, civil society and policymakers.
67. Childhood, and early adolescence at the latest, are entry points for assisting both
girls and boys and supporting them to change gender-based attitudes and adopt more
positive roles and forms of behaviour in the home, at school and in wider society. This
means facilitating discussions with them on social norms, attitudes and expectations that are
associated with traditional femininity and masculinity and sex- and gender-linked
stereotypical roles and working in partnership with them to support personal and social
change aimed at eliminating gender inequality and promoting the importance of valuing
education, especially girls’ education, in the effort to eliminate harmful practices that
specifically affect pre-adolescent and adolescent girls.
68. Women and adolescent girls who have been, or are at risk of being, subjected to
harmful practices face significant risks to their sexual and reproductive health, in particular
in a context where they already encounter barriers to decision-making on such issues
arising from lack of adequate information and services, including adolescent-friendly
services. Special attention is therefore needed to ensure that women and adolescents have
access to accurate information about sexual and reproductive health and rights and on the
impacts of harmful practices, as well as access to adequate and confidential services. Age-
appropriate education, which includes science-based information on sexual and
reproductive health, contributes to empowering girls and women to make informed
decisions and claim their rights. To this end, health-care providers and teachers with
adequate knowledge, understanding and skills play a crucial role in conveying the
information, preventing harmful practices and identifying and assisting women and girls
who are victims of or might be at risk of being subjected to them.

15
CEDAW/C/GC/31/Rev.1–CRC/C/GC/18/Rev.1

69. The Committees recommend that the States parties to the Conventions:
(a) Provide universal, free and compulsory primary education that is girl-
friendly, including in remote and rural areas, consider making secondary education
mandatory while also providing economic incentives for pregnant girls and adolescent
mothers to complete secondary school and establish non-discriminatory return
policies;
(b) Provide girls and women with educational and economic opportunities in
a safe and enabling environment where they can develop their self-esteem, awareness
of their rights and communication, negotiation and problem-solving skills;
(c) Include in the educational curriculum information on human rights,
including those of women and children, gender equality and self-awareness and
contribute to eliminating gender stereotypes and fostering an environment of non-
discrimination;
(d) Ensure that schools provide age-appropriate information on sexual and
reproductive health and rights, including in relation to gender relations and
responsible sexual behaviour, HIV prevention, nutrition and protection from violence
and harmful practices;
(e) Ensure access to non-formal education programmes for girls who have
dropped out of regular schooling, or who have never enrolled and are illiterate, and
monitor the quality of those programmes;
(f) Engage men and boys in creating an enabling environment that supports
the empowerment of women and girls.

3. Capacity development at all levels

70. One of the primary challenges in the elimination of harmful practices relates to the
lack of awareness or capacity of relevant professionals, including front-line professionals,
to adequately understand, identify and respond to incidents or the risks of harmful practices.
A comprehensive, holistic and effective approach to capacity-building should aim to
engage influential leaders, such as traditional and religious leaders, and as many relevant
professional groups as possible, including health, education and social workers, asylum and
immigration authorities, the police, public prosecutors, judges and politicians at all levels.
They need to be provided with accurate information about the practice and applicable
human rights norms and standards with a view to promoting a change in the attitudes and
forms of behaviour of their group and the wider community.
71. Where alternative dispute resolution mechanisms or traditional justice systems are in
place, training on human rights and harmful practices should be provided to those
responsible for their management. Furthermore, police officers, public prosecutors, judges
and other law enforcement officials need training on the implementation of new or existing
legislation criminalizing harmful practices to ensure that they are aware of the rights of
women and children and are sensitive to the vulnerable status of victims.
72. In States parties in which the prevalence of harmful practices is primarily limited to
immigrant communities, health-care providers, teachers and childcare professionals, social
workers, police officers, migration officials and the justice sector must be sensitized and
trained in how to identify girls and women who have been, or are at risk of being, subjected
to harmful practices and which steps can and should be taken to protect them.
73. The Committees recommend that the States parties to the Conventions:
(a) Provide all relevant front-line professionals with information on harmful
practices and applicable human rights norms and standards and ensure that they are
adequately trained to prevent, identify and respond to incidents of harmful practices,
including mitigating negative effects for victims and helping them to gain access to
remedies and appropriate services;
(b) Provide training to individuals involved in alternative dispute resolution
and traditional justice systems to appropriately apply key human rights principles,

16
 CEDAW/C/GC/31/Rev.1–CRC/C/GC/18/Rev.1

especially the best interests of the child and the participation of children in
administrative and judicial proceedings;
(c) Provide training to all law enforcement personnel, including the
judiciary, on new and existing legislation prohibiting harmful practices and ensure
that they are aware of the rights of women and children and of their role in
prosecuting perpetrators and protecting victims of harmful practices;
(d) Conduct specialized awareness and training programmes for health-care
providers working with immigrant communities to address the unique health-care
needs of children and women who have undergone female genital mutilation or other
harmful practices and provide specialized training also for professionals within child
welfare services and services focused on the rights of women and the education and
police and justice sectors, politicians and media personnel working with migrant girls
and women.

4. Awareness-raising, public dialogue and manifestations of commitment

74. To challenge sociocultural norms and attitudes that underlie harmful practices,
including male-dominated power structures, sex- and gender-based discrimination and age
hierarchies, both Committees regularly recommend that States parties undertake
comprehensive public information and awareness-raising campaigns that are part of long-
term strategies to eliminate harmful practices.
75. Awareness-raising measures should include accurate information from trusted
sources about the harm caused by the practices and convincing reasons as to why they
should be eliminated. In this respect, the mass media can perform an important function in
ensuring new thinking, in particular through access by women and children to information
and material aimed at the promotion of their social and moral well-being and physical and
mental health, in line with obligations under both Conventions that help to protect them
from harmful practices.
76. The launching of awareness-raising campaigns can provide an opportunity to initiate
public discussions about harmful practices with a view to collectively exploring alternatives
that do not cause harm or violate the human rights of women and children and reaching
agreement that the social norms underlying and sustaining harmful practices can and should
be changed. The collective pride of a community in identifying and adopting new ways to
fulfil its core values will ensure the commitment and sustainability of new social norms that
do not result in the infliction of harm or violate human rights.
77. The most effective efforts are inclusive and engage relevant stakeholders at all levels,
especially girls and women from affected communities and boys and men. Moreover, those
efforts require the active participation and support of local leaders, including through the
allocation of adequate resources. Establishing or strengthening existing partnerships with
relevant stakeholders, institutions, organizations and social networks (religious and
traditional leaders, practitioners and civil society) can help to build bridges between
constituencies.
78. Consideration could be given to the dissemination of information on positive
experiences that followed the elimination of harmful practices within a local or diaspora
community or within other practising communities from the same geographical region with
similar backgrounds, as well as to the exchange of good practice, including from other
regions. This may take the form of local, national or regional conferences or events, visits
of community leaders or the use of audiovisual tools. In addition, awareness-raising
activities need to be carefully designed so that they accurately reflect the local context, do
not result in a backlash or foster stigma and/or discrimination against the victims and/or the
practising communities.
79. Community-based and mainstream media can be important partners in awareness-
raising and outreach regarding the elimination of harmful practices, including through joint
initiatives with Governments to host debates or talk shows, prepare and screen
documentaries and develop educational programmes for radio and television. The Internet
and social media can also be valuable tools for providing information and opportunities for

17
CEDAW/C/GC/31/Rev.1–CRC/C/GC/18/Rev.1

debate, while mobile telephones are increasingly being used to convey messages and
engage with people of all ages. Community-based media can serve as a useful forum for
information and dialogue and may include radio, street theatre, music, art, poetry and
puppetry.
80. In States parties with effective and enforced legislation against harmful practices,
there is a risk that practising communities will go into hiding or go abroad to carry out the
practices. States parties hosting practising communities should support awareness-raising
campaigns regarding the harmful impact on the victims or those at risk, as well as the legal
implications of the violation, while at the same time preventing discrimination and stigma
against those communities. To this end, steps should be taken to facilitate the social
integration of such communities.
81. The Committees recommend that the States parties to the Conventions:
(a) Develop and adopt comprehensive awareness-raising programmes to
challenge and change cultural and social attitudes, traditions and customs that
underlie forms of behaviour that perpetuate harmful practices;
(b) Ensure that awareness-raising programmes provide accurate
information and clear and unified messages from trusted sources about the negative
impact of harmful practices on women, children, in particular girls, their families and
society at large. Such programmes should include social media, the Internet and
community communication and dissemination tools;
(c) Take all appropriate measures to ensure that stigma and discrimination
are not perpetuated against the victims and/or practising immigrant or minority
communities;
(d) Ensure that awareness-raising programmes targeting State structures
engage decision makers and all relevant programmatic staff and key professionals
working within local and national government and government agencies;
(e) Ensure that personnel of national human rights institutions are fully
aware and sensitized to the human rights implications of harmful practices within the
State party and that they receive support to promote the elimination of those practices;
(f) Initiate public discussions to prevent and promote the elimination of
harmful practices, by engaging all relevant stakeholders in the preparation and
implementation of the measures, including local leaders, practitioners, grass-roots
organizations and religious communities. The activities should affirm the positive
cultural principles of a community that are consistent with human rights and include
information on experiences of successful elimination by formerly practising
communities with similar backgrounds;
(g) Build or reinforce effective partnerships with the mainstream media to
support the implementation of awareness-raising programmes and promote public
discussions and encourage the creation and observance of self-regulatory mechanisms
that respect the privacy of individuals.

D. Protective measures and responsive services

82. Women and children who are victims of harmful practices are in need of immediate
support services, including medical, psychological and legal services. Emergency medical
services may be the most urgent and obvious, given that some of the harmful practices
covered herein involve the infliction of extreme physical violence and medical intervention
may be necessary to treat severe harm or prevent death. Victims of female genital
mutilation or other harmful practices may also require medical treatment or surgical
interventions to address the short-term and long-term physical consequences. The
management of pregnancy and childbirth in women or girls who have undergone female
genital mutilation must be included in pre-service and in-service training for midwives,
doctors and other skilled birth attendants.

18
 CEDAW/C/GC/31/Rev.1–CRC/C/GC/18/Rev.1

83. National protection systems or, in their absence, traditional structures should be
mandated to be child-friendly and gender-sensitive and adequately resourced to provide all
necessary protection services to women and girls who face a high risk of being subjected to
violence, including girls running away to avoid being subjected to female genital mutilation,
forced marriage or crimes committed in the name of so-called honour. Consideration should
be given to the establishment of an easy-to-remember, free, around-the-clock helpline that
is available and known nationwide. Appropriate safety and security measures for victims
must be available, including specifically designed temporary shelters or specialized services
within shelters for victims of violence. Given that perpetrators of harmful practices are
often the spouse of the victim, a family member or a member of the victim’s community,
protective services should seek to relocate victims outside their immediate community if
there is reason to believe that they may be unsafe. Unsupervised visits must be avoided,
especially when the issue may be considered one of so-called honour. Psychosocial support
must also be available to treat the immediate and long-term psychological trauma of victims,
which may include post-traumatic stress disorder, anxiety and depression.
84. When a woman or a girl who was subjected to or refused to undergo a practice
leaves her family or community to seek refuge, her decision to return must be supported by
adequate national protection mechanisms. In assisting her in making this free and informed
choice, the mechanisms are required to ensure her safe return and reintegration based on the
principle of her best interest, including avoiding revictimization. Such situations require
close follow-up and monitoring to ensure that victims are protected and enjoy their rights in
the short term and the long term.
85. Victims seeking justice for violations of their rights as a result of harmful practices
often face stigmatization, a risk of revictimization, harassment and possible retribution.
Steps must therefore be taken to ensure that the rights of girls and women are protected
throughout the legal process, in accordance with articles 2 (c) and 15 (2) and (3) of the
Convention on the Elimination of All Forms of Discrimination against Women, and that
children are enabled to effectively engage in court proceedings as part of their right to be
heard under article 12 of the Convention on the Rights of the Child.
86. Many migrants have a precarious economic and legal status, which increases their
vulnerability to all forms of violence, including harmful practices. Migrant women and
children often do not have access to adequate services on an equal basis with citizens.
87. The Committees recommend that the States parties to the Conventions:
(a) Ensure that protection services are mandated and adequately resourced
to provide all necessary prevention and protection services to children and women
who are, or are at high risk of becoming, victims of harmful practices;
(b) Establish a free, 24-hour hotline that is staffed by trained counsellors, to
enable victims to report instances when a harmful practice is likely to occur or has
occurred, and provide referral to needed services and accurate information about
harmful practices;
(c) Develop and implement capacity-building programmes on their role in
protection for judicial officers, including judges, lawyers, prosecutors and all relevant
stakeholders, on legislation prohibiting discrimination and on applying laws in a
gender-sensitive and age-sensitive manner in conformity with the Conventions;
(d) Ensure that children participating in legal processes have access to
appropriate child-sensitive services to safeguard their rights and safety and to limit
the possible negative impacts of the proceedings. Protective action may include
limiting the number of times that a victim is required to give a statement and not
requiring that individual to face the perpetrator or perpetrators. Other steps may
include appointing a guardian ad litem (especially where the perpetrator is a parent
or legal guardian) and ensuring that child victims have access to adequate child-
sensitive information about the process and fully understand what to expect;
(e) Ensure that migrant women and children have equal access to services,
regardless of their legal status.

19
CEDAW/C/GC/31/Rev.1–CRC/C/GC/18/Rev.1

VIII. Dissemination and use of the joint general recommendation/

general comment and reporting
88. States parties should widely disseminate the present joint general
recommendation/general comment to parliaments, Governments and the judiciary,
nationally and locally. It should also be made known to children and women and all
relevant professionals and stakeholders, including those working for and with children (e.g.
judges, lawyers, police officers and other law enforcement officials, teachers, guardians,
social workers, staff of public or private welfare institutions and shelters and health-care
providers) and civil society at large. It should be translated into relevant languages and
child-friendly/appropriate versions and formats accessible to persons with disabilities
should be made available. Conferences, seminars, workshops and other events should be
held to share good practice on how best to implement it. It should also be incorporated into
the formal pre-service and in-service training of all relevant professionals and technical
staff and should be made available to all national human rights institutions, women’s
organizations and other human rights non-governmental organizations.
89. States parties should include in their reports under the Conventions information
about the nature and extent of attitudes, customs and social norms that perpetuate harmful
practices and on the measures guided by the present joint general recommendation/general
comment that they have implemented and the effects thereof.

IX. Treaty ratification or accession and reservations

90. States parties are encouraged to ratify the following instruments:
(a) Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women;
(b) Optional Protocol to the Convention on the Rights of the Child on the sale of
children, child prostitution and child pornography;
(c) Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict;
(d) Optional Protocol to the Convention on the Rights of the Child on a
communications procedure.
91. States parties should review and modify or withdraw any reservations to articles 2, 5
and 16, or their subparagraphs, of the Convention on the Elimination of All Forms of
Discrimination against Women and articles 19 and 24 (3) of the Convention on the Rights
of the Child. The Committee on the Elimination of Discrimination against Women
considers reservations to those articles in principle incompatible with the object and
purpose of the Conventions and thus impermissible under article 28 (2) of the Convention
on the Elimination of All Forms of Discrimination against Women.

20