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.