Search Tips
sorted by
30 shown of 1127 entities
Reparations to women who have been subjected to violence 2010, para. 62
- Paragraph text
- Guarantees of non-repetition offer the greatest potential for transforming gender relations. In promising to ensure non-recurrence, such guarantees trigger a discussion about the underlying structural causes of the violence and their gendered manifestations and a discussion about the broader institutional or legal reforms that might be called for to ensure non-repetition. A gender-sensitive reparations programme should seize this opportunity to advance, as part of the venture of constructing a new and more inclusive democratic order, a society that overcomes the systemic subordination of women.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 63
- Paragraph text
- In the aftermath of violent conflict, when "normalcy" is restored, women are subject to new and sometimes higher levels of violence from men whom they know in the family and the community. Internalization of violent mechanisms of conflict resolution, accumulated and unresolved feelings of male impotence and frustration, male anxiety around the empowerment of women who have become politically visible during the conflict or simply the increased vulnerability of women may be some of the reasons that make women the targets of rising levels of violence after official peace or democracy has been declared. Reparations programmes that take place at one given point in time and inevitably look to the past have inherent limitations to address future violations. However, the type of guarantees of non-repetition can ground practical obligations on the part of the State to take into account the foreseeable short- and medium-term legacies of its violent past for women and, more specifically, adopt measures to avoid the exploitation of new forms of vulnerability.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Humanitarian
- Violence
- Person(s) affected
- Men
- Women
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 31
- Paragraph text
- With this scheme in mind and thinking about women as potential beneficiaries of reparations, the first hurdle relates to the fact that much of the violence that women and girls experience predates the conflict and only continues to aggravate the discrimination to which they are subjected in the post-conflict scenario. Even in non-conflict scenarios, acts of violence against women are part of a larger system of gender hierarchy that can only be fully grasped when seen in the broader structural context. Therefore, adequate reparations for women cannot simply be about returning them to where they were before the individual instance of violence, but instead should strive to have a transformative potential. Reparations should aspire, to the extent possible, to subvert, instead of reinforce, pre-existing structural inequality that may be at the root causes of the violence the women experience before, during and after the conflict.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Humanitarian
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 56
- Paragraph text
- Rehabilitation measures need to be tailored to respond to women's specific needs. This may require an effort to overcome gender biases that might be entrenched in the existing national service system. One way to overcome such biases is to be as explicit and specific as possible in terms of the services to be provided. For instance, instead of recommending that victims of sexual violence have free or privileged access to medical and psychological assistance, reparations programmes should spell out which treatment victims of sexual violence need most. Rendering rehabilitation and reintegration meaningful to women to ensure that they can recover a sense of normalcy or functional life is both a gendered and a context-sensitive enterprise, as the notion of "psychosocial" rehabilitation suggests.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 57
- Paragraph text
- Reintegration and rehabilitation may also require adopting women-friendly forms of distribution of services and creating opportunities that were previously denied to victims, often on the grounds of sex, including through meaningful employment, education, skill training, access to land titles and initiatives such as microcredit to motivate economic entrepreneurship. Because the experience of conflict or political repression leads many women to become publicly and politically active for the first time in their lives, encouraging this agency, including by promoting women's associations or political parties, could also be a way of rehabilitating women in a way that does not return them exclusively to their homes and family lives.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Violence
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 71
- Paragraph text
- The single most organized and well-documented movement for reparations for women is that for the so-called "comfort women". Since the late 1980s, survivors have come forward to bear witness and mobilize international public opinion, asking for an official apology and reparation. Survivors have rejected financial aid gestures as inadequate and reiterated their desire for a formal apology and individual compensation through public funds rather than a welfare- or benevolence-type of assistance based on socio-economic needs. As victims of sexual crimes, they do not want to receive economic compensation without an official apology and official recognition of State responsibility.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 73
- 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.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 76
- Paragraph text
- At the international level, a groundbreaking development is introduced in the Statute of the International Criminal Court, in which it is provided that the Court may award reparations other than restitution to victims, namely, restitution, compensation and rehabilitation. In addition, the Rome Statute provides for the establishment of a trust fund for the benefit of victims of crimes and their families, within the jurisdiction of the Court. The Trust Fund provides for the possibility for victims and their families to receive assistance separate and prior to a conviction from the Court, through the use of resources raised through voluntary contributions. Since the Court has not awarded any reparations as yet, it is too early to assess the degree to which it has protected women's right to reparations.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Families
- Women
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 34
- Paragraph text
- Women's access to meaningful reparations may depend more on the procedural hurdles they may encounter than on the content of reparation measures. National and international judicial institutions constitute the standard arena for remedial claims in societies dealing with both past and present violations. Such judicial institutions are normally motivated by the goal of providing victims with compensation in proportion to harm and are important because they can also catalyse the willingness of otherwise reticent Governments to establish massive reparations programmes.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 37
- Paragraph text
- Therefore, in the context of mass violations, reparations are better located in administrative reparations schemes than by case-by-case judicial adjudications that seek compensation in proportion to harm. Administrative reparations programmes can obviate some of the difficulties and costs associated with litigation, including high expenses, the need to gather evidence which may sometimes be unavailable, the pain associated with cross-examination and the lack of trust in the judicial system. This may be particularly relevant for women in general and for victims of sexual violence in particular.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 38
- Paragraph text
- The administrative arena also enables a proactive approach to reaching victims and may provide a satisfactory platform for focusing on information about victims including their number, socio-economic profile, age, gender breakdown, family structures, the violations they have suffered or an account of the effects of the violations on their lives. This information is all relevant to understanding the structural component of the violations, the share of State responsibility by either action or omission and the gender-specific impact of the violence on women's and girls' lives.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 41
- Paragraph text
- Reparations programmes allow for the simplification, in a consistent manner, of a complex reality of mass and gross violations of human rights by relying more or less explicitly on a set of common elements, including: the definition of "victims" or the selection of the list of violations or crimes for which there will be reparations; the definition of "beneficiaries" as the group of persons who are eligible for the benefits to be distributed; and the definition of benefits of both material and symbolic, individual and collective nature.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 74
- Paragraph text
- In Europe, States that have ratified the European Convention on the Compensation of Victims of Violent Crimes are obliged to provide compensation for victims and their dependants when such compensation cannot be fully obtained by other means and when the offender cannot be prosecuted or punished. The Convention does not include a specific gendered perspective of the crimes considered and only covers material damages and not non-economic loss. Since loss of earnings for women tends to be lower, leaving out non-economic loss might affect women more negatively than men.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Men
- Women
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 25
- Paragraph text
- There are signs that the traditional neglect of women in the reparations domain, best exemplified by the largely unsuccessful movement for reparations for the so-called "comfort women", is ending. The international legal response to violence against women over the past 15 years and the explicit recognition of violence against women as a human rights concern within the United Nations serve as indicators. Furthermore, the inroads of feminism in international criminal law, crystallizing in the inclusion of some forms of gender violence as war crimes and crimes against humanity in the Rome Statute of the International Criminal Court, were accompanied by relevant discussions about how other transitional justice mechanisms, and not just criminal courts, could be rendered more inclusive to women.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 28
- Paragraph text
- Academic reflection and civil society activism have certainly contributed to placing the question of gender-sensitive reparations on the national and international agenda. In the last few years, the first monographic volumes addressing reparations for women have been seen. Furthermore, feminist transnational movements working on fighting impunity against gender violence in armed conflict are now leading the debate on women and reparations. The Nairobi Declaration on Women's and Girls' Right to a Remedy and Reparation adopted in 2007 by women's rights advocates and activists and survivors of sexual violence in situations of conflict is the best expression of this transnational growing concern to provide women and girls with adequate reparations. Mobilization concerning reparations at the national level by victims' groups, human rights groups and women's associations has also increased.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Humanitarian
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 29
- Paragraph text
- The importance of women's participation in reparations discussions and processes cannot be overestimated. Without the participation of women and girls from different contexts, initiatives are more likely to reflect men's experience of violence and their concerns, priorities and needs regarding redress. Additionally, without such participation, an opportunity is missed for victims to gain a sense of agency that may in itself be an important form of rehabilitation, especially when victims come to perceive themselves as actors of social change. Finally, such participation is important for women and society in general to draw the links between past and present forms of violence and seize the opportunity provided by reparations discussions to press for more structural reforms.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Men
- Women
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 50
- Paragraph text
- Since women and girls who are subjected to gender violence, including sexual violence and forced unions, are often re-victimized in their families and communities, restitution of identity, family life and citizenship for them may require measures that target their wider communities - including attempts to subvert cultural understandings around the value of women's purity and sexuality. Although some of the intangible assets that are often taken from victims of sexual violence, such as virginity or social standing, cannot be returned, all the tangible assets of which victims of sexual violence are commonly stripped should be borne in mind. Communal and family ostracism, abandonment by spouses and partners and becoming unmarriageable or sick are all too commonly synonyms of material destitution, and the costs of ongoing medical treatment, pregnancy, abortions, and raising children resulting from rape, are all too real to deny. To date, no reparations programme has succeeded in fully reflecting the economic impact of raising children born of rape.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 54
- Paragraph text
- Providing some form of material reparation to help victims rebuild their lives is of great importance, as the disruption of normalcy by large-scale violence or repression has especially deleterious effects on women's material well-being. The reconstruction challenge entails special economic hardships for them, including providing for those survivors in need of care. In many societies, under either national or customary law, discrimination against women in the inheritance system increases significantly the difficulty for wives and daughters of victims receiving reparations. The discussion around women-centred economic compensation should also look into types of material benefits that, in certain settings, may help women pursue what they perceive to be autonomy-enhancing life-projects, and may therefore be more transformative.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 55
- Paragraph text
- Because reparations are often discussed in situations of scarce resources, placing the emphasis on rehabilitation services rather than compensation payments may seem a tempting alternative, as it combines development and reparations concerns. In the aftermath of violence, women often think of material assistance in terms of rehabilitation and reintegration, thus prioritizing their basic needs and those of their family members. The kinds of basic goods and services that women ask for are typically those that they are disparately deprived of ordinarily and that they need most in situations where their family responsibilities increase. This poses an interesting dilemma, as it creates a risk of blurring the conceptual distinction between reparations benefits and social rights, services and development measures to which the general population is entitled. At the same time, however, in many real-case scenarios, the dire poverty and destitution of victims implies that those basic services are what victims will inevitably prioritize, especially when they have no good reason - judging by their experience - to expect that they will be able to access them on any other grounds.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Families
- Women
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 84
- Paragraph text
- The limits of ordinary and extraordinary judicial proceedings to achieve the full and comprehensive realization of women's right to reparations are also examined in the report. Against this backdrop, it is argued that gender-responsive administrative reparations schemes can obviate some of the difficulties and costs associated with litigation. The administrative arena also enables a more proactive approach to the involvement of a larger group of people, including victims, at all levels - from conceptualization of reparation schemes, to reaching victims, to understanding the structural component of the violations - including the share of State responsibility by either action or omission, and the gender-specific impact of the violence on women's and girls' lives.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 85
- Paragraph text
- Reparations for women cannot be just about returning them to the situation in which they were found before the individual instance of violence, but instead should strive to have a transformative potential. This implies that reparations should aspire, to the extent possible, to subvert instead of reinforce pre-existing patterns of cross-cutting structural subordination, gender hierarchies, systemic marginalization and structural inequalities that may be at the root cause of the violence that women experience before, during and after the conflict. Complex schemes of reparations, such as those that provide a variety of types of benefits, can better address the needs of female beneficiaries in terms of transformative potential, both on a practical material level and in terms of their self-confidence and esteem. Measures of symbolic recognition can also be crucial. They can simultaneously address both the recognition of victims and the dismantling of patriarchal understandings that give meaning to the violations.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 61
- Paragraph text
- In addition to public apologies, public gestures of recognition often consist of measures to mark the conflict, the violence or the notion of reconstruction that accompanies a reparations and a reconstruction project. Such measures can be the shaping or reshaping of public space, building of monuments and museums, the changing of street names and other public spaces, etc. Little reflection has been given to exploring whether women are duly recognized through such measures or whether they might prefer different forms of representation and commemoration than those traditionally favoured by men.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 78
- Paragraph text
- The Court's sensitivity in capturing the systemic nature of the problem of violence against women is also reflected in its reparations approach. It recognized for the first time that in a situation of structural discrimination reparations should aim at transforming such situation, thus aspiring not only to restitution but also to correction. The Court spelled out the criteria to be applied for the assessment of reparations, which include the following: (i) reparations should have a direct connection with the violations found by the Court; (ii) they should repair in a proportional manner pecuniary and non-pecuniary damages; (iii) they cannot be a source of enrichment or impoverishment; (iv) restitution is an aim but without breaching the principle of non-discrimination; (v) reparations should be "oriented to identify and eliminate the structural factors of discrimination"; (vi) they should take into account a gender perspective; and (vii) take into account all the measures alleged by the State to have been taken to repair the harm. Rather than remaining open-ended and with a view to ensuring the implementation of the decision, Mexico was ordered to report to the Court on the implementation of these guarantees of non-repetition for a period of three years on an annual basis. The Court also distinguished between the concepts of reparations, humanitarian assistance and social services by addressing and rejecting the claim of Mexico, which attempted to deduct from the reparations granted any monetary and housing assistance already provided to the family members.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 81
- Paragraph text
- In Opuz v. Turkey, the Court awarded the applicant non-pecuniary damages for the anguish and distress suffered on account of the killing of her mother and the authorities' failure to undertake sufficient measures to prevent the domestic violence perpetrated by her husband and to give him deterrent punishment. It also awarded costs and expenses for the proceedings before the court, less the amount received by way of legal aid from the Council of Europe. The weaknesses in relation to reparations include: the Court's dismissal of the claim of pecuniary damages which was based on the deprivation of economic support from her mother; the failure to treat the applicant as her mother's successor; the failure to compensate the applicant for material harm ensuing from the violation of her right not to be subject to inhuman or degrading treatment by her husband; and the non-recognition of other forms of reparation and the lack of guarantees of non-repetition and forward-looking recommendations. By not linking the reforms required to avoid the broad problem of impunity with the concept of reparation, the Court missed the opportunity to suggest a broader agenda to deal with the structural problem of domestic violence. Because the Council of Europe's Committee of Ministers plays a crucial role guaranteeing the implementation of the judgments and, as such, is the body mandated to address structural problems (such as impunity or lack of effective investigations) in member States of the Council of Europe, it too can play an essential role in ensuring adequate reparations.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Families
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 12
- Paragraph text
- The notion of a right to reparation is located within the framework of the law of remedies and includes two aspects: procedural and substantive. Procedurally, remedies are the processes by which arguable claims of wrongdoing are heard and decided by competent bodies, whether judicial or administrative. Substantively, remedies consist of the outcomes of the proceedings and, more broadly, the measures of redress granted to victims. The law of remedies can serve both individual and societal goals, the underlying purposes of which include corrective justice, deterrence, retribution and restorative justice. It is the element of corrective justice focusing on fairness to the victim and redress measures aimed at "repairing" the wrongdoing that victims experience which will be the focus of this report.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 77
- Paragraph text
- In November 2009 the Inter-American Court ruled in what will undoubtedly become a landmark case in the field of reparations for women: Cotton Field v. Mexico. This case concerns the abduction, killing and sexual violence of two minors and a young woman by non-State actors in 2003, and the subsequent failure of the State to diligently investigate, prosecute and punish the perpetrators and to treat the relatives of the deceased in a dignified way. The Court found that the State of Mexico violated the rights to life, freedom, personal integrity, access to justice and legal remedies and the right not to be discriminated against on the grounds of sex under the American Convention. It also considered that Mexico had infringed its obligations by failing to apply due diligence to prevent, investigate and impose penalties for violence against women or its duty to provide adequate responses in the legal system to punish and eradicate violence against women, thereby infringing the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women. This decision is seminal in that it is the first time that the Court has embraced the concept of gender-sensitive reparations with a transformative aspiration. The State of Mexico has been mandated to provide a variety of reparation measures to the victims, including monetary compensation, symbolic redress, and a wide set of future looking guarantees of non-repetition. Family members and closely affiliated persons of the deceased who can be considered as having been harmed and hence deserving of reparations (who in this case included all those who had self-identified as injured parties including the mothers, sisters-in-laws and nieces of the deceased) received reparations.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Youth
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 79
- Paragraph text
- The European Court's case law has proven increasingly sensitive to the seriousness of violence against women, the importance of due diligence standards when it comes to framing State responsibility and the challenges surrounding evidence. The reparations framework traditionally embraced by the Court is rather narrow and has not allowed full recognition of the moral and material harm that women subjected to violence experience. No measures of satisfaction, symbolic recognition, rehabilitation or guarantees of non-repetition have been granted and the treatment of pecuniary damages has been very narrow, as it requires high standards of proof and fails to include future expenses, even in cases where they are foreseeable. This approach does not reflect an understanding of either the true material harm following a violation, or its sex-specific dimension.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 80
- Paragraph text
- In the 2009 case of Opuz v. Turkey, the Court found Turkey in violation of its due diligence obligations to protect women from domestic violence and - for the first time - held that gender-based violence is a form of discrimination under the European Convention. The case was brought by Ms. Opuz who, along with her mother, suffered years of brutal violence at the hands of her husband. Despite their complaints, the police and prosecuting authorities did not adequately protect the women and, ultimately, Ms. Opuz's mother was killed by the former husband. The Court found that there had been a violation of right to life with respect to the applicant's mother, a violation of the prohibition of torture and of inhuman and degrading treatment on account of the authorities' failure to protect the applicant against her ex-husband's violent and abusive behaviour and a violation of the prohibition of discrimination.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 65
- Paragraph text
- Recently, the notion that reparations benefits can be distributed to collectivities has garnered interest and support. Both the Basic Principles and Guidelines and the updated set of principles for the protection and promotion of human rights through action to combat impunity endorse the idea of collective reparations. However, the term "collective reparations" is ambiguous; "collective" is both used to qualify the "reparations", i.e., the types of goods distributed or the mode of distributing them, and the "subject" who receives them, namely, collectivities, including ethnic or racial groups who might have been particularly targeted. Despite an increased interest in exploring collective forms of reparation, virtually no discussion is taking place on how this interest may intersect with interest in doing justice to women through reparations programmes.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Reparations to women who have been subjected to violence 2010, para. 66
- Paragraph text
- A form of collective harm that deserves particular attention is group-based harm as a result of group-based affiliation. Collective measures of redress may be thought of as particularly apposite to address the legacy of violence on the identity or status of groups such as indigenous peoples. Women or children, however, are rarely thought of in collective terms, even though gender-specific and age-specific forms of violence happen to women and children precisely because they are women and children. Women and girls should not be rendered invisible under the notion of the collective and should be consulted at all stages of discussions.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Girls
- Women
- Year
- 2010
Paragraph