A/81/133
35. Estimates range from one in five to three in five older victims having some type
of cognitive or psychological impairment, 91 often leading to their testimony being
discounted and making it difficult for them to navigate complex legal procedures.
Abuse of the guardianship role, when an older woman is partially or fully stripped of
her legal capacity, severely limits her possibility of legal recourse and risks
manipulation of the legal system. 92 Geographical remoteness means that legal aid
services, courts and support organizations are frequently accessible only in urban
centres. 93 Especially in cases involving adult family perpetrators, accountability is
frequently avoided, as victims are diverted away from justice mechanisms into care based responses instead. 94
36. The high cost of litigation, including legal representation, transportation and
court filing fees, disproportionately affects older women. 95 Documentation barriers
are also significant, as many older women, including Roma women, lack the required
birth certificates, identity documents or proof of residence. 96 Delays in collecting
evidence or interviews conducted over an extended period of time are problematic if
the woman has a progressive illness, 97 and some may not live long enough to see
justice delivered.
V. Groups of women particularly at risk
37. Some groups of older women are at particular risk of violence and
discrimination. These groups include, but are not limited to, those set out below.
A.
Widows
38. Widows are often older women. For example, in India, 48% of women over 60
are widowed, compared to 16% of men. 98 They may experience a decline in social
status or increased dependence on male relatives, with the expectation to withdraw
from public life and to defer decision-making authority to younger family members. 99
In Vrindavan, India, often referred to as the “city of widows”, many of the estimated
15,000 to 20,000 destitute women residing there after being abandoned by their
families survive through begging. 100
39. Available evidence shows that widows around the world are routinely subjected
to stigmatization and highly discriminatory social practices, such as mandatory ritual
cleansing and mobility restrictions. 101 Furthermore, they may be expected to comply
with prescribed dress codes or behaviours and strict mourning practices, 102 or
pressured to forcefully remarry. 103 In countries such as Nigeria, 104 widows are at risk
of property-grabbing, eviction from marital homes and the denial of inheritance by
relatives of deceased spouses.
__________________
91
Submission by Canada.
See A/HRC/57/42.
93
Submission by Juan Didier Pierre.
94
Joint submission by Open University and others.
95
Submission by the Institute for Human Rights and Development in Africa.
96
Submission by the Global Forum of Communities Discriminated on Work and Descent.
97
Submission by Collective Shout.
98
Submission by the Association of People with Disability.
99
Submission by Royal Melbourne Institute of Technology (RMIT University).
100
See https://www.bbc.com/travel/article/20160907-the-widows-who-cant-return-home.
101
See https://data.unwomen.org/sites/default/files/documents/Publications/Advocacy -Brief_OlderWomen.pdf.
102
Submission by the Rural Women Assembly.
103
Submission by Nueva Democracia.
104
Submission by United Nations Entity for Gender Equality and the Empowerment of Women.
92
10/26
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