Assessment 07
Human Rights Standards on Harmful Practices
Harmful practices are violations of the rights of women and girls that are deeply rooted in gender discrimination. They take many forms, including child and forced marriage and female genital mutilation (FGM), which have an especially significant impact on the enjoyment of sexual and reproductive health.
Harmful practices constitute a form of gender-based violence and may amount to torture or cruel, inhuman, or degrading treatment. They often involve violence and cause physical or psychological harm or suffering, including through ...
Key questions
Resources
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OHCHR, UNFPA, FXB Center, PMNCH, and WHO
Summary Reflection Guide on a Human Rights-Based Approach to Health: Application to Sexual and Reproductive Health, Maternal Health and Under-5 Child Health—Health Policy Makers, p. 20 -
UNFPA
Elevating Rights and Choices for All: Guidance Note for Applying a Human Rights Based Approach to Programming, p. 35
Has the state established a well-defined, rights-based, and locally relevant holistic strategy or plan to address harmful practices, including CEFM and FGM?
Example for implementation
- Review school curricula in various settings and regions to analyze whether and how CSE is taught, as well as whether such programs are mandatory, presented in a format that is accessible to students with different needs (in local languages, Braille, etc.), and available in age-appropriate forms.
Resources
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OHCHR, UNFPA, FXB Center, PMNCH, and WHO
Summary Reflection Guide on a Human Rights-Based Approach to Health: Application to Sexual and Reproductive Health, Maternal Health and Under-5 Child Health—Health Policy Makers, p. 20 -
UNFPA
Elevating Rights and Choices for All: Guidance Note for Applying a Human Rights Based Approach to Programming, p. 35
Has the state utilized law or policy to prevent harmful practices, including CEFM and FGM, and ensure remedies for survivors?
Example for implementation
- Review school curricula in various settings and regions to analyze whether and how CSE is taught, as well as whether such programs are mandatory, presented in a format that is accessible to students with different needs (in local languages, Braille, etc.), and available in age-appropriate forms.
Resources
-
OHCHR, UNFPA, FXB Center, PMNCH, and WHO
Summary Reflection Guide on a Human Rights-Based Approach to Health: Application to Sexual and Reproductive Health, Maternal Health and Under-5 Child Health—Health Policy Makers, p. 20 -
UNFPA
Elevating Rights and Choices for All: Guidance Note for Applying a Human Rights Based Approach to Programming, p. 35
Is the process of lawmaking, dissemination, and implementation related to CEFM and FGM inclusive and participatory of affected populations, including adolescents?
Example for implementation
- Review school curricula in various settings and regions to analyze whether and how CSE is taught, as well as whether such programs are mandatory, presented in a format that is accessible to students with different needs (in local languages, Braille, etc.), and available in age-appropriate forms.
Resources
-
OHCHR, UNFPA, FXB Center, PMNCH, and WHO
Summary Reflection Guide on a Human Rights-Based Approach to Health: Application to Sexual and Reproductive Health, Maternal Health and Under-5 Child Health—Health Policy Makers, p. 20 -
UNFPA
Elevating Rights and Choices for All: Guidance Note for Applying a Human Rights Based Approach to Programming, p. 35
Has the state invested in proactive measures to promote the empowerment of girls and women, including challenging patriarchal and other harmful gender norms and stereotyping?
Example for implementation
- Engage with health and education officials to ensure that school curricula include mandatory comprehensive sexuality education and that out-of-school programs provide accurate information relating to harmful practices and contain information on human rights (including those of women and children), gender equality, gender stereotypes, gender-based violence, and the need to foster an environment of nondiscrimination.
- Develop long-term awareness-raising informational and educational campaigns aimed at community and religious leaders, families, and men and boys, as well as specific interventions to empower women and girls and discourage harmful practices (e.g., through awareness-raising about the impact of FGM on girls’ and women’s health and lives).
Resources
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OHCHR, UNFPA, FXB Center, PMNCH, and WHO
Summary Reflection Guide on a Human Rights-Based Approach to Health: Application to Sexual and Reproductive Health, Maternal Health and Under-5 Child Health—Health Policy Makers, p. 20 -
UNFPA
Elevating Rights and Choices for All: Guidance Note for Applying a Human Rights Based Approach to Programming, p. 35
Has the state implemented measures in humanitarian contexts and crises for prevention of CEFM and FGM and support for survivors?
Example for implementation
- Review existing quantitative and qualitative data on child and forced marriage, FGM, and other prevalent harmful practices and use this for advocacy to ensure that the issues are included in response planning for protection, education, and health.
- At the onset of or during crises, seek feedback from girls and families, in accordance with ethical principles, on whether the services or interventions to prevent harmful practices are accessible and appropriate and respond to their needs.
- Map the types and capacity of existing formal and informal service providers that currently provide adolescent-responsive and survivor-centered services (e.g., girls’ safe spaces, adolescent-centered services, and other entry points where child survivors may seek support) and develop a referral pathway between these services.
Resources
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OHCHR, UNFPA, FXB Center, PMNCH, and WHO
Summary Reflection Guide on a Human Rights-Based Approach to Health: Application to Sexual and Reproductive Health, Maternal Health and Under-5 Child Health—Health Policy Makers, p. 20 -
UNFPA
Elevating Rights and Choices for All: Guidance Note for Applying a Human Rights Based Approach to Programming, p. 35
Has the state taken measures to address root causes of harmful practices, including poverty and lack of access to education for women and girls, which are proven to protect girls from harmful practices such as child marriage?
Example for implementation
- Build the capacity of legislators and national education officials on the link between poverty, education, and harmful practices, including the critical role of efforts such as universal, free, and compulsory primary school; abolishing school fees for secondary school; policies to encourage regular attendance; and efforts to eliminate gender disparities and support attendance for the most marginalized girls.
- Advocate with legislators, government officials and the private sector to build a commitment to investing in economic empowerment, access to cash transfers, and economic opportunities for women and girls as a way to redistribute resources and prevent harmful practices.
- Engage local education officials and civil society to ensure that adolescent girls subjected to harmful practices are able to continue attending school even if they are married or pregnant. Support girls who are unable to return to school through out-of-school nonformal education, including on life skills and entrepreneurship training.
- Partner with local education officials to develop and implement programming to makes schools and their surroundings safe and friendly to girls.
Resources
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OHCHR, UNFPA, FXB Center, PMNCH, and WHO
Summary Reflection Guide on a Human Rights-Based Approach to Health: Application to Sexual and Reproductive Health, Maternal Health and Under-5 Child Health—Health Policy Makers, p. 20 -
UNFPA
Elevating Rights and Choices for All: Guidance Note for Applying a Human Rights Based Approach to Programming, p. 35
Has the state guaranteed access to sexual and reproductive health information and services for individuals who have been, or are at risk of, being subjected to harmful practices?
Example for implementation
- Engage survivors’ networks and adolescent and youth networks to identify barriers to decision-making and autonomy concerning sexual and reproductive health for those impacted by harmful practices (including spousal and parental consent requirements and lack of adolescent-responsive health services), and conduct advocacy to remove such barriers.
- Partner with local health and education officials and religious and community leaders to provide training programs for educators and health care providers on how to convey accurate, science-based information and education on sexual and reproductive health, which contributes to empowering individuals, including adolescents, to make informed decisions and claim their rights.
- Supply commodities and engage health officials to provide sexual and reproductive health care to survivors of harmful practices, including, where necessary, access to emergency contraception, abortion, and prophylactic antiretroviral treatment for survivors of sexual violence.
Resources
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OHCHR, UNFPA, FXB Center, PMNCH, and WHO
Summary Reflection Guide on a Human Rights-Based Approach to Health: Application to Sexual and Reproductive Health, Maternal Health and Under-5 Child Health—Health Policy Makers, p. 20 -
UNFPA
Elevating Rights and Choices for All: Guidance Note for Applying a Human Rights Based Approach to Programming, p. 35
Does the state have programs established to ensure that individuals seeking to avoid being subjected to harmful practices have access to social protection and services (such as shelters)?
Example for implementation
- Support the establishment of voluntary shelters and relocation services outside of immediate communities for individuals fleeing their homes to avoid harmful practices.
- Promote in-kind support to girls and women to keep them in school, as well as cash transfers or food vouchers to alleviate poverty.
- Promote gender-transformative “cash plus” models (which combine cash transfers with complementary programs, such as life skills, mentoring, savings, parenting support, community conversations, and mass media approaches for normative change). For example, engage with national and local education officials to implement measures such as economic incentives to support pregnant girls and adolescent mothers in completing secondary school and to establish nondiscriminatory return policies.
Resources
-
OHCHR, UNFPA, FXB Center, PMNCH, and WHO
Summary Reflection Guide on a Human Rights-Based Approach to Health: Application to Sexual and Reproductive Health, Maternal Health and Under-5 Child Health—Health Policy Makers, p. 20 -
UNFPA
Elevating Rights and Choices for All: Guidance Note for Applying a Human Rights Based Approach to Programming, p. 35
Does the state have effective law enforcement regarding harmful practices, with legal processes to ensure that cases are promptly, impartially, and independently investigated, as well as provision of effective remedies for survivors?
Example for implementation
- Serve as a leading voice advocating to ensure that national human rights institutions are mandated to consider individual complaints and petitions and carry out public inquiries and investigations of cases of CEFM and FGM, including those submitted on behalf of or directly by women and children, in a confidential, gender-sensitive, and child-friendly manner.
- Develop long-term capacity-building partnerships with national human rights institutions to operationalize human rights norms to address harmful practices, including through awareness-raising campaigns, country assessments, inquiries, and public hearings with survivors.
- Support national officials in developing and implementing systems of birth and marriage registration to ensure documentation that may be necessary under local laws to seek accountability for CEFM.
Resources
-
OHCHR, UNFPA, FXB Center, PMNCH, and WHO
Summary Reflection Guide on a Human Rights-Based Approach to Health: Application to Sexual and Reproductive Health, Maternal Health and Under-5 Child Health—Health Policy Makers, p. 20 -
UNFPA
Elevating Rights and Choices for All: Guidance Note for Applying a Human Rights Based Approach to Programming, p. 35
Has the state ensured that individuals who have experienced harmful practices have access to justice, including by addressing legal and practical barriers?
Example for implementation
- Support civil society coalitions in identifying and advocating for reform of legal and practical barriers to justice, including short statutes of limitations.
- Support local governments officials in providing legal aid programs and know-your-rights programs.
- Partner with gender equality experts to sensitize the judiciary on gender stereotypes and address the role of these stereotypes in undermining access to justice.