08.03.2016 Views

Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

V<br />

WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 43<br />

<br />

Other “harmful practices” 100 including: dowry-related<br />

violence, 101 female genital mutilation, 102 forced 103 and<br />

settings. States should address all forms of gender discrimination as<br />

part of a comprehensive violence-prevention strategy. This includes<br />

addressing gender-based stereotypes, power imbalances, inequalities<br />

and discrimination which support and perpetuate the use of violence<br />

and coercion in the home, in school and educational settings, in<br />

communities, in the workplace, in institutions and in society more<br />

broadly. Men and boys must be actively encouraged as strategic<br />

partners and allies, and along with women and girls, must be provided<br />

with opportunities <strong>to</strong> increase their respect for one another and their<br />

understanding of how <strong>to</strong> s<strong>to</strong>p gender discrimination and its violent<br />

manifestations;”.<br />

100<br />

Article 1(g) of the Mapu<strong>to</strong> Pro<strong>to</strong>col, above note 75, defines<br />

‘Harmful Practices’ as: “all behaviour, attitudes and/or practices which<br />

negatively affect the fundamental rights of women and girls, such as<br />

their right <strong>to</strong> life, health, dignity, education and physical integrity”.<br />

The Mapu<strong>to</strong> Pro<strong>to</strong>col requires States <strong>to</strong> “enact and effectively<br />

implement appropriate legislative or regula<strong>to</strong>ry measures, including<br />

those prohibiting and curbing all forms of discrimination particularly<br />

those harmful practices which endanger the health and general wellbeing<br />

of women” (Article 2(1)(b)). For a comprehensive approach <strong>to</strong><br />

all forms of harmful practices, see “Joint general recommendation No.<br />

31 of the Committee on the Elimination of Discrimination against<br />

Women / general comment No. 18 of the Committee on the Rights of<br />

the Child on harmful practices”, UN Doc CEDAW/C/GC/31-<br />

CRC/C/GC.18 (2014), especially Part VI. This joint General Comment<br />

of the two treaty bodies contains a comprehensive approach <strong>to</strong><br />

eradicating these harmful practices, which are strongly rooted in social<br />

attitudes.<br />

101<br />

UN Declaration on Violence against Women, above note 85, Article<br />

2(a).<br />

102<br />

Ibid, Article 2(a); CEDAW General Recommendation No 24,<br />

“Women and Health”, UN Doc A/54/38 at 5 (1999), paragraph 12;<br />

Committee against Torture, General Comment No 2, above note 81,<br />

paragraph 18; Human Rights Committee, General Comment No 28,<br />

above note 71, paragraph 11; and Committee on Economic, Social and<br />

Cultural Rights (CESCR), General Comment No 20, “Nondiscrimination<br />

in economic, social and cultural rights”, UN Doc<br />

E/C.12/GC/20 (2009), paragraph 35.<br />

103<br />

Human Rights Committee, General Comment No 28, above note<br />

71, paragraph 24.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!