Legislation

Throughout this knowledge module, reference to certain provisions or sections of a piece of legislation, part of a legal judgment, or aspect of a practice does not imply that the legislation, judgment, or practice is considered in its entirety to be a good example or a promising practice.

Some of the laws cited herein may contain provisions which authorize the death penalty. In light of the United Nations General Assembly resolutions 62/14963/16865/206, and 67/176 calling for a moratorium on and ultimate abolition of capital punishment, the death penalty should not be included in sentencing provisions for crimes of violence against women and girls.

Other Provisions Related to Domestic Violence LawsResources for Developing Legislation on Domestic Violence
Sexual Harassment in Sport Tools for Drafting Sexual Harassment Laws and Policies
Immigration Provisions Resources for developing legislation on sex trafficking of women and girls
Child Protection Provisions Resources on Forced and Child Marriage
Other provisions related to dowry-related and domestic violence laws
Related Tools

Overview

Last edited: January 26, 2011

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Harmful practices are entrenched in issues of gender roles, women’s status and women’s own self-identity. While laws are a critical means to eliminating harmful practices, stopping harmful practices involves deeper changes to societal norms, individual beliefs, and deeply rooted issues of gender inequality. Legislation should “acknowledge[s] that all forms of violence against women, including all harmful practices, are a form of discrimination, a manifestation of historically unequal power relations between men and women, and a violation of women’s human rights. Good Practices on Harmful Practices Expert Group Report, p. 11) (emphasis added).

As such, Government action and legislation must take multiple forms and engage various groups, including educational, legal, health services, cultural and religious leaders to effect true change and end harmful practices. “While use of legal measures needs to be carefully considered and used in conjunction with other education efforts, laws can be a useful tool for change, giving NGOs and individuals greater leverage in persuading communities to abandon the practice.” (Female Genital Mutilation: A Guide to Laws and Policies Worldwide, p. 13) 

States should act immediately to fulfill their obligation to protect girls and young women from violence in general and harmful traditional practices in particular, committed by state agents and private entities or persons, through the adoption of laws and policies. It has to put in place institutions and agencies which are competent and have the capacity to respond to the needs of children who are suffering from the effects of harmful practices as well as to prevent the further occurrence of harmful traditional practices.  (See: No More Excuses, p. 28)