group of persons. These harmful practices, including those attributed to customs and traditions, such as FGM and allegations of the practice of witchcraft, are considered as barriers to the full exercise by the affected persons, of the right enshrined in Article 15, paragraph 1 (a) of the ICESCR.463 Interestingly, the CEDAW has paid particular attention to ‘negative cultural practices’. Pursuant to Article 5 of the Convention on the Elimination of All Forms of Discrimination against Women, states shall take appropriate measures: ‘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 which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women’. Relying on this provision, the CEDAW has required that states adopt measures to eliminate traditional and cultural practices that discriminate against women in cooperation with traditional and religious leaders and women’s organizations.464 In relation to the recognition of indigenous peoples’ rights, while congratulating the states for the recognition of cultural diversity, the CEDAW has stressed its concern that the ‘emphasis placed on such specificities [i.e. those informing indigenous culture] might detract from compliance with the provisions of the Convention relating to non-discrimination and formal and substantive equality between men and women’. The CEDAW has thus urged states to ensure that indigenous practices are in conformity with the legal framework of the Convention and to create the conditions for an intercultural dialogue ‘that would respect diversity while guaranteeing full compliance with the principles, values and international norms for the protection of human rights, including women’s rights’.465 As regards the UN Committee on the Rights of the Child, it has focused its attention particularly on ‘harmful traditional practices’ (FGM, early and forced marriages, forced initiation and child betrothal), calling for their prohibition and states’ engagement with traditional and religious leaders as well as children’s extended families in this regard.466 Conclusions Full awareness of the interplay between different grounds of discrimination, in particular gender, race, colour, ethnic origin and religion, is crucial to address the specific situation of minority and indigenous women. While increasing attention is being paid to multiple forms of discrimination faced by these women, a more systematic approach in this sense should be encouraged, especially by the CEDAW which places emphasis mostly upon rural or vulnerable women rather than minority and indigenous women, thus not really capturing directly intersectionalities between gender and other grounds of discrimination. It is equally important to bear in mind that minority and indigenous women are faced not only with multiple discrimination from the dominant sectors of society but may also be confronted with discriminatory practices, traditions and customs originating within their own communities. In this regard, the protection of the right to cultural integrity of indigenous/minority groups does not allow specific practices which are incompatible with the principle of equality, as well as respect for the dignity or the physical and psychological integrity of women. The UN treaty bodies have called upon states to take all appropriate measures to prohibit and eradicate these practices. As has been highlighted above, governments’ obligation to address harmful and discriminatory practices must not result in an indiscriminate attack on minority and indigenous cultures, and prohibitions must be based on reasonable and objective grounds and be proportionate to the aims pursued. However, culture is a highly sensitive issue and minority and indigenous women can find themselves in an extremely delicate situation, split between calls for loyalty to their communities and the defence of their rights. The UN treaty bodies have generally recommended that states should engage in an intercultural dialogue with all the parties concerned, notably traditional and religious leaders and women themselves, with a view to fostering reconsideration of aspects of the community’s identity. The participation of women in the process of rethinking customary laws is crucial as their own right to cultural identity is at stake. The process of rethinking customary law could benefit from further guidance from the treaty bodies467 as to the identification of those ‘fundamental human rights’ that must stand as a limit on the protection of cultural diversity as well as on the criteria that should inform the balance between individual rights and the collective right to/interest in cultural integrity. Cases where traditional practices breach the principle of equality, including family law and marital rights, and cases where other human rights of women and girls, such as their right to life, health, dignity, education and physical integrity, are violated as a result of specific traditional practices and customs should be considered on a regular basis by the treaty bodies. In particular, further decisions by the HRC on the question of the respect of women’s rights vis-à-vis the MINORITY GROUPS AND LITIGATION: A REVIEW OF DEVELOPMENTS IN INTERNATIONAL AND REGIONAL JURISPRUDENCE 47