Skip to main content

Harmful traditional practices

Harmful traditional practices cover customs that violate the rights of women, girls, and gender-expansive individuals; such as child marriage, widow inheritance, or nutritional taboos. Legal resources focus on prohibition, awareness, and protection of vulnerable groups.

ID
11

Director of Public Prosecutions v H.M. and B.O.

This case represented the first trial and conviction for female genital mutilation in Ireland. The accused were originally from a French-speaking African country, and were charged and convicted with female genital mutilation and neglect of their daughter in relation to the same incident. At the time of the offence, the girl was under two years old, and her injuries were discovered when her parents brought her to the Accident and Emergency Department of an Irish hospital due to uncontrollable bleeding.

Economic Cooperatives of Yongxinnansha Shares v. Subdisctrict Office of Chancheng District of Foshan City

In 2012, the plaintiff claims their shareholder status in Nansha economic cooperative, and alleged the local subdisctrict office to affirm their qualification. The subdisctrict office affirmed and granted certificate. Nansha economic cooperative thereby sued the Subdistrict office for its administrative decision. Nansha alleged that according to article 15 of the Article of Stockholding of the Precinct of Yongxin: women married before December 31, 1992 shall be regarded as “out-married” women and shall not be given the right to share dividends, nor their shareholder qualification.

Equal Rights of the Customary Marriage Law of 1998

This law defines “customary marriage” as the marriage between a man and a woman performed according to the tribal tradition of their locality and provides that a wife’s rights and duties within a customary marriage are the same as a wife’s rights and duties in a statutory marriage (a statutory marriage is a civil marriage license under the Domestic Relations Law).  §2.1 provides that all customary marriages are legal, and the duties and liabilities of the statutory wife shall be accorded to all customary wives.

Estate of Lerionka Ole Ntutu

Lerionka Ole Ntutu was survived by multiple wives, sons, and daughters.  After his sons filed an application asking the High Court to issue to them the letters of administration to administer their father’s estate, their sisters and stepsisters filed an objection and claimed their inheritance.  The sons contested the objection, arguing that the distribution of their father’s estate was governed by Masai customary law, which did not recognize the right of daughters to claim an inheritance from their father’s estate.  The judge in the first instance found that, because Ntutu wa

Fornah (FC) v. Secretary of State for the Home Department

The appellant arrived in the UK in March 2003, aged 15, and claimed asylum on the basis that she would be at risk of subjection to female genital mutilation if she was returned to Sierra Leone.   The House of Lords held that women in societies who practiced female genital mutilation were 'members of a particular social group' for the purposes of the Refugee Convention and affirmed that FGM was considered a form of torture.  

Gender Equality Act

The Gender Equality Act promotes gender equality for men and women in all parts of society, and seeks to prohibit and provide redress for sex discrimination, harmful practices (including social, cultural, or religious practices that are physically or sexually harmful) and sexual harassment. Under the Act, persons (and the government) are prohibited from treating people less favorably than they would otherwise due to sex. The law defines and criminalizes sexual harassment, including workplace harassment.

Subscribe to Harmful traditional practices