A/70/286
Discrimination against Women and the Committee on the Rights of the Child
addressed the problem in a joint general recommendation/general comment. The
two Committees listed “female genital mutilation, child and/or forced marriage,
polygamy, crimes committed in the name of so-called honour and dowry-related
violence” among “the most prevalent and well documented” harmful practices
“grounded in discrimination based on sex, gender, age and other grounds”. 13 A more
comprehensive list also includes neglect of girls, extreme dietary restrictions,
virginity testing, binding, scarring, branding/tribal marks, corporal punishment,
stoning, violent initiation rites, widowhood practices, witchcraft, infanticide, ince st,
breast ironing or pressure to be fashionably thin.
68. The Special Rapporteur fully subscribes to the recommendation formulated by
the two Committees that “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”.13 He shares the observation “that prevention can be best achieved
through a human 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”.13
69. Whether harmful practices, or some of them, are based on religious grounds
usually remains contested between and within various religious communities. It is
important to be aware of such inter- and intrareligious diversity and contestation,
when designing appropriate counter-strategies, in order to avoid false
generalizations and mobilize support from religious communities, or parts of
communities, in the fight against harmful practices. Community leaders have a
particular responsibility to clarify that harmful practices, wherever they exist, must
be abandoned. In that context, the Special Rapporteur’s predecessor publicly
welcomed statements clarifying religious views on female genital mutilation and the
recommendations of the international conference of scholars concerning a ban on
abuse of the female body, held at Al-Azhar University, Cairo, in 2006 (see
A/HRC/4/21, para. 38, footnote).
70. Moreover, whatever their reasons may be, harmful practices can never be
justified as legitimate manifestations of freedom of religion or belief. Being part of
the broader human rights framework, freedom of religion or belief can never
become a pretext for legitimizing cruel practices and violations of human rights. If
necessary, the limitation clauses, as laid down in article 18, paragraph 3, of the
International Covenant on Civil and Political Rights and article 14, paragraph 3, of
the Convention on the Rights of the Child, must be applied. As already emphasized,
they must always be applied with empirical and normative diligence and those
affected by limitations must have access to effective legal remedies when claiming
that their human rights have been violated.
__________________
13
18/22
Joint general recommendation/general comment No. 31 (2014) of the Committee on the
Elimination of Discrimination against Women and No. 18 of the Committee on the Rights of the
Child on harmful practices.
15-12514