Harmful practices contrary to international law, are defined as "persistent practices and forms of behaviour that are grounded in discrimination on the basis of, among other things, sex, gender and age, in addition to multiple and/or intersecting forms of discrimination that often involve violence and cause physical and/or psychological harm or suffering. [They often have the] effect of impairing the recognition, enjoyment and exercise of the human rights and fundamental freedoms of women and children." [1]

They are "strongly connected to… socially constructed gender roles and systems of patriarchal power relations" and "have often been justified by invoking sociocultural and religious customs and values, in addition to misconceptions relating to some disadvantaged groups of women and children" [2].

"While the nature and prevalence of the practices vary by region and culture, the most prevalent and well documented are female genital mutilation, child and/or forced marriage, polygamy, crimes committed in the name of so-called honour and dowry-related violence." [3] Other examples include "extreme dietary restrictions, including during pregnancy (force-feeding, food taboos), virginity testing and related practices, binding, scarring, branding/infliction of tribal marks, corporal punishment, stoning, violent initiation rites, widowhood practices, accusations of witchcraft, infanticide and incest. They also include body modifications that are performed for the purpose of beauty or marriageability of girls and women (such as fattening, isolation, the use of lip discs and neck elongation with neck rings) or in an attempt to protect girls from early pregnancy or from being subjected to sexual harassment and violence (such as breast ironing)." [4]

While harmful practices are rarely criminalised in all their forms, they nonetheless constitute a violation of human rights, in particular the rights to dignity; to physical, psychosocial and moral integrity; to health – including sexual and reproductive health; and to education of women and children [5]. The United Nations (UN) Convention on the Rights of the Child (CRC) thus requires states to "take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children" [6]. The UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW Convention) likewise calls on states to take action against "customs and practices which constitute discrimination against women" [7]. At the regional level, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) provides that states shall "prohibit and condemn all forms of harmful practices which negatively affect the human rights of women and which are contrary to recognised international standards" [8].

Despite these obligations, many such practices persist, and the protection of women and children remains inadequate – even non-existent – in numerous countries.

Dowry-related violence

Violence linked to the payment of a dowry or bride price takes various forms, and is generally directed at the bride or her family. "The husband or his family members may engage in acts of physical or psychological violence, including murder, burning and acid attacks, for failure to fulfil expectations regarding the payment of a dowry or its size." [9]

"Honour" crimes

These crimes "are acts of violence that are disproportionately, although not exclusively, committed against girls and women because family members consider that some suspected, perceived or actual behaviour will bring dishonour to the family or community. Such forms of behaviour include entering into sexual relations before marriage, refusing to agree to an arranged marriage, entering into a marriage without parental consent, committing adultery, seeking divorce, dressing in a way that is viewed as unacceptable to the community, working outside the home or generally failing to conform to stereotyped gender roles. Crimes in the name of so-called honour may also be committed against girls and women because they have been victims of sexual violence." [10] In many cases, "[rather] than being viewed as criminal acts against women, crimes committed in the name of so-called honour are… sanctioned by the community as a means of preserving and/or restoring the integrity of its cultural, traditional, customary or religious norms following alleged transgressions. In some contexts, national legislation or its practical application, or the absence thereof, allows for the defence of honour to be presented as an exculpatory or a mitigating circumstance for perpetrators of such crimes, resulting in reduced sanctions or impunity." [11]

Force-feeding or leblouh is a practice in Mauritania that involves forcing girls and women to consume excessive amounts of food in order to make them more desirable to the male gaze, according to prevailing beauty standards (as a sign of wealth and good health) and for marriage [12]. Requiring women to be of large body size is also intended to "restrict their mobility and thereby… control their sexuality" [13]. Force-feeding is mainly practised in Biẓân and Tuareg communities in rural areas. In addition to consuming large quantities of milk, meat, oil and sometimes animal fat, girls and women may also take appetite stimulants, growth hormones or even corticosteroid-based medicines. Force-feeding leads to morbid obesity, cardiovascular problems, high cholesterol levels, hypertension and cases of infertility [14]. According to the Global Obesity Observatory, 31.5% of Mauritanian women surveyed were obese compared to 8.5% of Mauritanian men in 2006 [15].

Breast ironing is a dangerous traditional practice that involves flattening girls’ breasts during puberty using various methods (bandages, stones, spatulas, herbs, etc.), supposedly to protect them from rape, sexual assault, pregnancy and early marriage. According to the UN, nearly 3.8 million women have been subjected to breast ironing. The practice is found mainly in Cameroon, Chad, Côte d’Ivoire, Benin, Guinea, Kenya, Nigeria, Togo and Zimbabwe [16].

In many contexts, caste-related violence constitutes harmful practices contrary to international law due to its gendered, discriminatory nature and deep-roots in hierarchical social norms. In South Asia, particularly in India, Dalits, for example, are marginalised in all aspects of life (education, social life, housing, employment, access to justice). Girls and women are particularly vulnerable and suffer a wide range of violence, including sexual violence, various forms of trafficking, and early and forced marriages [17].