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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