A/HRC/31/57 domestic violence, as evidenced by discriminatory judicial ineffectiveness, notably a failure to investigate, prosecute and punish perpetrators, can create a climate that is conducive to domestic violence and constitutes an ongoing denial of justice to victims amounting to a continuous human rights violation by the State.33 In cases where States are or ought to be aware of patterns of continuous and serious abuse in a particular region or community, due diligence obligations require taking reasonable measures to alter outcomes and mitigate harms, ranging from the strengthening of domestic laws and their implementation to effective criminal proceedings and other protective and deterrent measures in individual cases.34 Domestic violence legislation and community support systems must in turn be matched by adequate enforcement.35 Special attention must be paid to religious or customary law courts that may tend to downplay and inadequately address domestic violence (A/HRC/29/40). 57. Lesbian, gay, bisexual, transgender and intersex persons are disproportionately subjected to practices that amount to torture and ill-treatment for not conforming to socially constructed gender expectations (A/HRC/22/53). Violence motivated by homophobia and transphobia tends to be characterized by particularly brutal acts, often resulting in murder (A/HRC/19/41). Private actors typically inflict torture and ill-treatment on such persons in a climate of impunity as many States fail in their due diligence obligations to combat, prevent and remedy abuses. Lesbians and transgender women are at particular risk of mistreatment because of gender inequality and power relations within families and communities (ibid.). Sexual violence, including the practice of “corrective rape”, uniquely affects lesbian, gay, bisexual, transgender and intersex individuals (CEDAW/C/ZAF/CO/4). Discrimination and violence against lesbian, gay, bisexual, transgender and intersex persons extends into the family sphere and can include placement in psychiatric institutions, forced marriage and honour-based violence (A/HRC/29/23). G. Harmful practices 58. Harmful practices are persistent practices and forms of behaviour grounded in discrimination on the basis of, inter alia, sex, gender and age, in addition to multiple and intersecting forms of discrimination that often involve violence and cause physical or psychological harm or suffering, including immediate or long-term consequences for the victim’s dignity, physical and psychosocial integrity and development, health, education and socioeconomic status.36 Women and girls are disproportionately impacted by harmful practices. Typically justified on the basis of social norms and cultural beliefs, tradition or religion, harmful practices are motivated in part by stereotypes about sex and gender-based roles and rooted in attempts to control individuals’ bodies and sexuality. Female genital mutilation, child and forced marriage and honour-based violence are acknowledged as forms of gender-based violence that constitute ill-treatment and torture. Victims seeking justice for violations of their rights as a result of harmful practices often face stigmatization and risk revictimization, harassment and retribution. States must ensure that the rights of 33 34 35 36 16 Inter-American Commission on Human Rights, case 12.051, Da Penha Maia Fernandes v. Brazil, judgement of 16 April 2001. European Court of Human Rights, application No. 33401/02, Opuz v. Turkey, judgement of 9 June 2009. Committee on the Elimination of Discrimination against Women, communication No. 5/2005, Goekce v. Austria, Views adopted on 6 August 2007. Joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child on harmful practices (2014)