PROTECTING MINORITY RIGHTS – A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation observed that: “The co-existence of multiple legal systems, with customary and religious laws governing personal status and private life and prevailing over positive law and even constitutional provisions of equality, remains a source of great concern.”951 For example, in its 2010 review of Fiji, the Committee on the Elimination of Discrimination against Women expressed its concern “about the cultural practice of reconciliation and forgiveness ceremonies such as bulubulu, forced on victims of violence so that they remain in abusive and violent relationships”.952 It called upon the State to implement a “comprehensive strategy, including the review and formulation of legislation and the establishment of goals and timetables, to modify or eliminate stereotypes, patriarchal attitudes and cultural practices that discriminate against women, in conformity with articles 2(f) and 5(a) of the Convention”.953 The Committee on the Elimination of Discrimination against Women has issued, with the Committee on the Rights of the Child, a joint general recommendation/comment on harmful practices, in which they promoted the central guiding idea that: the effective prevention and elimination of harmful practices require the establishment of a welldefined, rights-based and locally relevant holistic strategy that includes supportive legal and policy measures, including social measures that are combined with a commensurate political commitment and accountability at all levels. … 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.954 Harmful practices are not matters unique to minority communities. However, it is essential that in giving effect to their obligations to ensure that minorities have the right to enjoy their own culture in community, including through measures that may grant autonomy, States ensure that safeguards are in place to guarantee that all aspects of the right of everyone to equality and non-discrimination are effective. While implementing such measures, State authorities should “take all appropriate measures to ensure that stigma and discrimination are not perpetuated against the victims and/or practising immigrant or minority communities”.955 The Special Rapporteur on violence against women, its causes and consequences has noted that: “Human rights such as the equal dignity of human beings resonate in all the cultural traditions of the world. In that sense, there is sufficient basis in every cultural tradition to foster and promote the value of human rights.”956 138 951 Committee on the Elimination of Discrimination against Women, “Statement to commemorate the twenty-fifth anniversary of the adoption of the Convention on the Elimination of All Forms of Discrimination against Women”, 13 October 2004. Available at www.un.org/ womenwatch/daw/cedaw/cedaw25anniversary/cedaw25-CEDAW.pdf. 952 CEDAW/C/FJI/CO/4, para. 20. 953 Ibid., para. 21. In addition, “the Committee is concerned that, thus far, the State party has not taken effective and systematic action to modify or eliminate stereotypes and cultural practices harmful and/or demeaning to women.” Ibid., para. 20. 954 Joint general recommendation No. 31 of Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2019), paras. 33–34. 955 Ibid., para. 81 (c). 956 E/CN.4/2003/75, para. 62.

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