A/71/398
implementation of the Inter-American Convention on the Prevention, Punishment
and Eradication of Violence against Women outlines, the need for justice
administration bodies to follow up on the implementation of the criminal law and
the aggravating circumstances presented therein.
66. The Special Rapporteur is aware that there are many more legislative and
policy measures than those mentioned in the present report and invites all States and
other stakeholders to provide her with examples of initiatives and measures in this
field.
3.
Jurisprudence on femicide and a global database
67. At the global level, the Committee on the Elimination of Discrimination
against Women had dealt with two cases, Goekce (deceased) v. Austria
(communication No. 5/2005) and Yildirim (deceased) v. Austria (communication
No. 6/2005), 25 in which both victims were murdered by their husbands following
years of brutal abuse. Even though the violence had been reported to the police and
protection orders had been obtained, a lack of coordination among law enforcement
and judicial officials resulted in the repeated failure to detain the offenders and
ensure the women’s safety. Two non-governmental organizations took the cases to
the Committee under the Optional Protocol to the Convention on the Elimination of
Discrimination against Women. The Committee’s decisions on t he cases, rendered in
2007, were of global significance because they made clear that the State’s obligation
to protect women from domestic violence extended beyond passing laws. The
Committee found that Austria had failed to act with due diligence by not e nsuring
that the law had been implemented properly. In response to the Committee’s
recommendations and the media attention that surrounded the cases, the
Government of Austria introduced and accelerated legal reforms to protect women
from violence, including an amendment to the Code of Criminal Procedure, new
protection measures and the creation of specialized domestic violence prosecutors.
68. At the regional level, in Opuz v. Turkey, 26 the European Court of Human
Rights decided that Turkey was in breach of the Convention for the Protection of
Human Rights and Fundamental Freedoms for failing to protect the applicant and
her mother from the violent attacks of her spouse in circumstances that resulted in
the murder of the mother.
69. In Caso González y Otras v. México 21 (the “Cotton Field” case), the InterAmerican Court of Human Rights decided that Mexico had violated the rights,
under the Inter-American Convention of Human Rights, of three women who had
disappeared and been tortured and murdered. It also found that their mothers’ rights
under the Convention had been violated. In so doing, the Court recognized that
violence against women in the city of Juárez, which had been occurring since 1993,
was a structural violation of human rights for which the State was responsible and
ordered reparations, including measures of non-repetition, acknowledgement and
concrete action in relation to cases since 1993.
__________________
25
26
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CEDAW/C/39/D/5/2005 and CEDAW/C/39/D/6/2005, respectively.
Available from http://hudoc.echr.coe.int/eng#{“dmdocnumber”:[“851046”],”itemid”:[“001 92945”]}.
16-16456
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