Every year, millions of children are victims of so-called “Harmful Traditional Practices” (HTPs) which have different consequences, in the fields of health, education, survival and development, which are often violent, and which may cause severe injuries, and sometimes death.

What is the definition of “Harmful Traditional Practices”? There is no clear and comprehensive definition in the international instruments, although these instruments explicitly mention the HTPs. The two main Treaty bodies concerned by this phenomenon are the CRC and the CEDAW Committees; and both have a consistent practice to address the issue of HTPs, and a “jurisprudence”. The CEDAW has issued: the General recommendation No. 14 on female circumcision, and the General Recommendation No. 19 on Violence against Women, which sets out Female Genital Mutilations (FGM) and child/early and forced marriage as human rights violations and forms of violence against women; as for the CRC, it principally addresses HTPs under art. 24 (3) “… traditional practices prejudicial to the health…” and made a reference in its General Comment no 7 on early childhood (para 10, litt b, i), related to the discrimination suffered by young girls, including through HTPs, such as FGM or child marriages.

For both Committees, as for international law in general, there are no justification of such practices, that are clear human rights violations and hence State parties have a corresponding obligation. But the fact is that there are many forms of HTPS in the world, and a high prevalence of certain forms. We can mention: female genital mutilations (FGM), early or child marriages, forced marriages, honor killings, children’s witchcraft, scarification, infants giraffes, lip plates,force-feeding… Some people also do consider corporal punishment as a harmful traditional practice.

In order to answer the numerous questions regarding the HTPs, the IDE, in collaboration with UNICEF and UNFPA, organizes an international seminar on these issues.
What are the common elements of these HTPs? A very strong belief in the value of tradition, a cultural attachment to the practice and the persistent social pressure on the family (social expectations); or religious and customary rules?

How to put an end to these violations? It seems clear that legislation has a key role to play in eradicating HTPs; but is criminalization alone sufficient? Experiences show that in countries having prohibited HTPS, the law is not fully or not at all implemented. How to gain a strong support from the population?

Training, information and awareness-raising of individuals and communities on the negative aspects of the practice are needed, not only for concerned communities but for host countries, as well. As a matter of fact, due to migration, HTPS are an issue in asylum countries, which hesitate about actions to take, due to ignorance and lack of knowledge.  Yet, as important as the programs based on these pillars are, we can be in doubt about the potential of improvement of such initiatives, unless they are anchored in a participative and culturally respective method.

Might we need another approach, more based on promoting abandonment, rather than engaging in a fight to eradicate a practice? Different models exist. Are they effective?

These are some of the questions the seminar will tackle. Others will be raised by the experts, participants and human rights advocates.

The seminar will also offer the opportunity for the CRC and CEDAW Committees’ Members to confront their experience and knowledge with other experts and to think along with the participants in a joint General Comment on HTPs.