Closing the gap in international human rights law: lessons from three regional human rights systems on legal standards and practices regarding violence against women 2015, para. 63
Paragraph- Paragraph text
- The limitations of the international system, including the lack of a legally binding specific instrument on violence against women, serves to weaken the aspiration of the Human Rights Council that regional arrangements should reinforce universal human rights standards, as contained in international human rights instruments (see Council resolution 12/15). The current norms and standards within the United Nations system emanate from soft law developments and are of persuasive value, but are not legally binding. The normative gap under international human rights law raises crucial questions about the State responsibility to act with due diligence and the responsibility of the State as the ultimate duty bearer to protect women and girls from violence, its causes and consequences. In her 2014 reports to the Human Rights Council (A/HRC/26/38) and to the General Assembly (A/69/368), the Special Rapporteur recommended that the international community examine the normative gaps within the existing international binding legal frameworks, and address more specifically the legal gaps in protection, prevention and accountability in respect of violence against women. Given the systemic, widespread and pervasive nature of this human rights violation, which is experienced largely by women because they are women, a different set of normative and practical measures to respond to, prevent and ultimately eliminate such violence is crucial.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
- Paragraph info
- Conclusion / Recommendation
- Paragraph number
- 63
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