A/HRC/34/59 forms of discrimination that often involve violence and cause physical and/or psychological harm or suffering”. 46. Accordingly, to be regarded as harmful, practices should meet any or a combination of the following criteria: (a) They constitute a denial of the dignity and/or integrity of the individual and a violation of the human rights and fundamental freedoms enshrined in the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child; (b) They constitute discrimination against women or children and are harmful insofar as they result in negative consequences for them as individuals or groups, including physical, psychological, economic and social harm and/or violence and limitations on their capacity to participate fully in society or develop and reach their full potential; (c) They are traditional, re-emerging or emerging practices that are prescribed and/or kept in place by social norms that perpetuate male dominance and inequality of women and children, on the basis of sex, gender, age and other intersecting factors; (d) They are imposed on women and children by family members, community members or society at large, regardless of whether the victim provides, or is able to provide, full, free and informed consent. 47. Attacks against persons with albinism for the purpose of obtaining and using body parts in muti or juju as well as accusations of witchcraft match these criteria for harmful practices. In the publication on harmful practices issued by her Office, the Special Representative of the Secretary-General on Violence against Children, quoting the UNICEF study, reported that “discrimination, violence and harmful practices against children with albinism have reached alarming proportions”. 19 She added that there were no cultural or religions justifications for such practices. 48. In addition, the Special Rapporteur on freedom of religion or belief has stated that persecution and punishment of alleged witches would be a clear case for limiting the application of freedom of religion or belief, in accordance with the criteria under article 18 of the International Covenant on Civil and Political Rights (see A/HRC/25/58/Add.1, paragraph 42). Traditional medicine 49. The right to the enjoyment of the highest attainable standard of physical and mental health was first articulated in the 1946 Constitution of the World Health Organization (WHO), whose preamble states that “the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition”. Similarly, article 25 of the Universal Declaration of Human Rights mentions health as part of the right to an adequate standard of living. Article 12 of the International Covenant on Economic, Social and Cultural Rights provides the most comprehensive normative framework on the right to the highest attainable standard of health. The article has been interpreted as inclusive of specific entitlements, including the right to an adequate system of health protection, the right to prevention and treatment of illnesses, the right to access essential medicines, the provision of health-related education and information, as well as participation of those concerned in health-related decisions.20 19 20 12 Protecting Children from Harmful Practices, p. 35. Committee on Economic Social and Cultural Rights, general comment No. 14 (2000) on the right to

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