Reparations to women who have been subjected to violence 2010, para. 73
Paragraph- Paragraph text
- In many settings, for a tort claim to be initiated, financial means and a defendant who has money to pay for the damage are necessary. Other obstacles that women encounter when trying to obtain damages against perpetrators through courts include: statutes of limitations; inter-spousal and intrafamilial tort immunity rules; overly strict or inadequate rules and interpretations of the causality link in the assessment of harms; and inadequate evidence standards and procedures for quantifying damages which may have a negative disparate impact on women (such as limiting compensation to economic loss, setting caps on non-economic loss or measuring loss solely or primarily based on the loss of future earning capacity measured through statistical evaluation). Insurance schemes may not be effective either because basic coverage is usually restricted to compensatory damages - which often do not cover intentional torts or exempt claims against spouses - or because claims have to be brought during the term of the policy.
- 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)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2010
- Paragraph type
- Other
- Paragraph number
- 73
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Date added
74 relationships, 74 entities