Article 38 – Female genital mutilation

Parties shall take the necessary legislative or other measures to ensure that the following intentional

conducts are criminalised:

a excising, infibulating or performing any other mutilation to the whole or any part of a

woman’s labia majora, labia minora or clitoris;

b coercing or procuring a woman to undergo any of the acts listed in point a;

c inciting, coercing or procuring a girl to undergo any of the acts listed in point a.

Article 39 – Forced abortion and forced sterilisation

Parties shall take the necessary legislative or other measures to ensure that the following intentional

conducts are criminalised:

a performing an abortion on a woman without her prior and informed consent;

b performing surgery which has the purpose or effect of terminating a woman’s capacity to

naturally reproduce without her prior and informed consent or understanding of the

procedure.

Article 40 – Sexual harassment

Parties shall take the necessary legislative or other measures to ensure that any form of unwanted

verbal, non-verbal or physical conduct of a sexual nature with the purpose or effect of violating the

dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or

offensive environment, is subject to criminal or other legal sanction.

Article 41 – Aiding or abetting and attempt

1 Parties shall take the necessary legislative or other measures to establish as an offence, when

committed intentionally, aiding or abetting the commission of the offences established in

accordance with Articles 33, 34, 35, 36, 37, 38.a and 39 of this Convention.

2 Parties shall take the necessary legislative or other measures to establish as offences, when

committed intentionally, attempts to commit the offences established in accordance with Articles

35, 36, 37, 38.a and 39 of this Convention.

Article 42 – Unacceptable justifications for crimes, including crimes committed in the name of

so-called “honour”

1 Parties shall take the necessary legislative or other measures to ensure that, in criminal proceedings

initiated following the commission of any of the acts of violence covered by the scope of this

Convention, culture, custom, religion, tradition or so-called “honour” shall not be regarded as

justification for such acts. This covers, in particular, claims that the victim has transgressed

cultural, religious, social or traditional norms or customs of appropriate behaviour.

2 Parties shall take the necessary legislative or other measures to ensure that incitement by any

person of a child to commit any of the acts referred to in paragraph 1 shall not diminish the

criminal liability of that person for the acts committed.

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