A/69/368
23. Due process rights are recognized under international law 15 but, in practice,
are often not extended to women who are victims of gender-based violence. For
example, in some countries, women are unjustly detained without due process rights
as a means to protect them from threatened violence. In addition, women human
rights defenders, including those who advocate for the elimination of violence
against women, are often the target of arbitrary arrests and due process violations.
Despite the existence of policies aimed at protecting the right to humane and
dignified treatment of persons deprived of liberty, 16 female detainees and prisoners
are especially vulnerable to gender-based violence.
24. Violence against women violates the right to free association and expression in
a variety of harmful ways, 17 while restrictions on association and expression
entrench the continued presence of violence. A former Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression has
stressed that the inability of women to exercise association and expression rights
freely, without fear of violence, severely undermines the realization of all human
rights (E/CN.4/2001/64, para. 75). The use of flogging and other forms of corporal
punishment is usually linked to the control and limitation of freedom of association,
expression and movement. The punishment usually has a collective dimension and
is public in character, so as to serve a social objective, namely influencing the
conduct of other women. 18 The rights to freedom of association and expression are
integral to the right to political participation, 19 and restrictions on women’s
association and expression rights prevent women from fully exer cising their
participation rights. The Working Group on the issue of discrimination against
women in law and in practice has noted that stigmatization, harassment and outright
attacks have frequently been used to silence and discredit women who are outspok en
as leaders and politicians (A/HRC/23/50, para. 65).
25. Violence against women often manifests itself in ways that violate women ’s
right to the freedom of thought, conscience and religion. 20 The use of threats of
violence to force women from minority religious groups to convert to a different
faith directly undermines women’s freedom of conscience and religion. In addition,
minority women in some communities have been threatened with violence for
expressing their religious beliefs openly. Furthermore, targeted harassment of
women wearing religious garments fosters an environment that threatens the right of
women to practice their religion freely.
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Universal Declaration of Human Rights, arts. 10 and 11; Convention on the Elimination of All
Forms of Discrimination against Women, art. 15; International Covenant on Civil and Political
Rights, arts. 14-16.
Universal Declaration of Human Rights, art. 5; International Covenant on Civil and Political
Rights, art. 7.
Universal Declaration of Human Rights, arts. 19 and 20; Convention on the Elimination of All
Forms of Discrimination against Women, art. 7; International Covenant on Civil and Political
Rights, arts. 19 and 21.
Office of the United Nations High Commissioner for Human Rights, “Stop threatening women
with flogging, UN experts warn Sudan”, 6 November 2013, available from www.ohchr.org.
Universal Declaration of Human Rights, art. 21; Convention on the Elimination of All Forms of
Discrimination against Women, arts 7 and 8; International Covenant on Civil and Political
Rights, art. 25.
Universal Declaration of Human Rights, art. 18; International Covenant on Civil and Political
Rights, arts. 18 and 27.
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