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Adequacy of the international legal framework on violence against women 2017, para. 87
- Paragraph text
- The mandate holder believes that the argument of a normative gap on violence against women at the international level does not take into account the coverage by the Convention of gender-based violence as a form of discrimination against women and the recent adoption of general recommendation No. 35 (2017) on gender-based violence against women, updating general recommendation No. 19 (1992) on violence against women. The Special Rapporteur highlights that the practice of States under the Convention has, explicitly or implicitly, expressed their acceptance of the Convention’s interpretation of violence against women, without dissenting on its core contents, as reiterated also in general recommendation No. 35. Therefore, the acceptance of violence against women as a form of discrimination against women has been documented during the past 25 years in jurisprudence developed by the Committee connecting violence against women with other forms 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
- Women
- Year
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 96g
- Paragraph text
- [The Special Rapporteur makes the following specific recommendations:] States should develop training sessions and awareness-raising campaigns, and capacity-building programmes, aimed at promoting an understanding of gender-based violence against women, including training sessions addressed to law enforcement officials dealing with violence against women, such as police officers, lawyers, judges, social workers and medical professionals;
- 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
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 96h
- Paragraph text
- [The Special Rapporteur makes the following specific recommendations:] States should establish a “femicide watch” to collect, analyse and review data on gender-based violence at the national, regional and global levels and collect and publish annual data on the number of femicides. Each femicide should be carefully examined to identify any failure of protection, with a view to improving and further developing preventive measures. States should also increase their efforts to use all available global and regional women’s human rights instruments and expert mechanisms to put in place effective systems to prevent and end femicide and gender-based violence against women and girls.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Person(s) affected
- Girls
- Women
- Year
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 95
- Paragraph text
- The Rapporteur believes that an interesting option would be the establishment of an open-ended working group on addressing gender-based violence against women in law and policy, open to all States Members of the United Nations and aimed at strengthening the protection of women’s human rights. The to-be-created working group would analyse the adequacy of the existing international framework on women’s rights and gaps in its incorporation and implementation. It would also be entitled to suggest solutions, including considering, as appropriate, the feasibility of further instruments and implementation measures, with the support of the Secretary-General. The mandate of the Special Rapporteur would play an active role in guaranteeing that an approach based on women’s human rights is provided within its work.
- 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
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 96d
- Paragraph text
- [The Special Rapporteur makes the following specific recommendations:] States should prioritize implementation of the Sustainable Development Goals, in particular Goal 5 (gender equality and empowerment of all women and girls), including by developing indicators on target 5.2 (elimination of violence against women) on femicide, shelters and protection orders, and support national plans to implement all of the Goals in a gender-responsive manner. The Sustainable Development Goal process must not, however, derogate from the obligation of States to respect, protect and fulfil women’s human rights in all fields of life, in accordance with existing international human rights law in customary law and treaty obligations. An independent monitoring mechanism should be integrated into this process;
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Girls
- Women
- Year
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 96f
- Paragraph text
- [The Special Rapporteur makes the following specific recommendations:] States should repeal all provisions and procedures that are discriminatory against women and girls, and that thereby facilitate and allow for the toleration of any form of gender-based violence against them, including legislation justifying harmful practices against women, but also abrogate or modify those gender-neutral laws and policies which may prevent women and girls from fully enjoying their human rights in both the private and public spheres;
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 102
- Paragraph text
- In any case, the decision related to the necessity of any new instrument or a global action plan on violence against women should be assessed and discussed through proper inclusive consultations carried out by the States Members of the United Nations and the State parties to the Convention, with the participation of independent global and regional mechanisms, non-governmental organizations, national human rights institutions and all other stakeholders. The mandate of the Special Rapporteur stands ready to further contribute to such discussions.
- 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
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 92
- Paragraph text
- At the same time, the mandate holder acknowledges that the current legal framework composed of the Convention, along with general recommendation Nos. 19 and 35 and jurisprudence, the Beijing Platform for Action, the Declaration on the Elimination of Discrimination against Women, Security Council resolution 1325 (2000) and regional women’s rights instruments, is complex, fragmented and in some ways convoluted in its application, including with regard to its implementation at the regional and national levels.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 100
- Paragraph text
- States and civil society should consider the fifth United Nations World Conference on Women, with its focus on violence against women, as a useful opportunity to entrench a much-needed recognition of the scale and seriousness of violence against women, make a universal commitment to address such violence, and impose State-specific obligations, a global road map and implementation plans on preventing and combating such violence.
- 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
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 91
- Paragraph text
- The Special Rapporteur supports the interpretation of violence against women as a form of discrimination against women and girls and a human rights violation. Therefore, the option of creating a separate treaty would expose the existing legal framework under the Convention on violence against women to the risk of isolating provisions aimed at addressing gender-based violence against women from the structural causes of discrimination against 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
- Girls
- Women
- Year
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 94
- Paragraph text
- The Special Rapporteur believes that, under Sustainable Development Goal 5, new energy and resources should be focused on bridging the incorporation and implementation gaps between international and national law and policy, including with regard to better use of existing global and regional mechanisms on violence against women, including data collection and indicators on gender-based violence against women, femicide, and shelters and protection orders.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 98b
- Paragraph text
- [United Nations intergovernmental bodies should undertake to do the following:] Organize panel discussions on the implementation of the recommendations of the Committee on the Elimination of Discrimination against Women and of the Special Rapporteur on violence against women during the sessions of the Commission on the Status of Women;
- 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
- Violence
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 98c
- Paragraph text
- [United Nations intergovernmental bodies should undertake to do the following:] Include violence against women and access to criminal justice as regular items of the Commission on Crime Prevention and Criminal Justice;
- 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
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 97c
- Paragraph text
- [States, United Nations entities, independent mechanisms and other stakeholders should undertake to do the following:] Support the strengthening of cooperation of the Special Rapporteur on violence against women with other treaty bodies dealing with violence against 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
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 98a
- Paragraph text
- [United Nations intergovernmental bodies should undertake to do the following:] Organize each year during one of the sessions of the Human Rights Council a panel on violence against women to discuss the achievements of global and regional independent mechanisms dealing with such violence;
- 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
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 98d
- Paragraph text
- [United Nations intergovernmental bodies should undertake to do the following:] Include the participation of independent women’s human rights mechanisms in the Sustainable Development Goal review process;
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 98e
- Paragraph text
- [United Nations intergovernmental bodies should undertake to do the following:] Ensure stronger support of the wider United Nations system, including relevant agencies, for combating violence against 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
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 99
- Paragraph text
- States should strengthen the implementation of general recommendation No. 35 and, by that means, test the need for a substantive optional protocol on violence against women or a mere procedural protocol along the lines of the Optional Protocol to the Convention against Torture.
- 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
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 101
- Paragraph text
- While deciding on the measures needed, States should focus on the implementation of existing standards, continue cooperating on ways to combat violence against women, including at the international level, and recognize that any solution should be multifaceted and may include the convening of an intergovernmental working group on violence against 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
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 88
- Paragraph text
- The Special Rapporteur holds the view that the recent adoption of general recommendation No. 35 marks a significant contribution towards a better understanding and implementation of the legal framework of the Convention on gender-based violence against women.
- 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
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 96a
- Paragraph text
- [The Special Rapporteur makes the following specific recommendations:] States should enhance cooperation between international, regional and national mechanisms addressing violence against women, including by improving information gathering on the current situation of gender-based violence against women;
- 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
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 97d
- Paragraph text
- [States, United Nations entities, independent mechanisms and other stakeholders should undertake to do the following:] Strengthen the cooperation of the Special Rapporteur on violence against women with the United Nations trust fund as envisaged in the trust fund founding resolution.
- 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
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 86
- Paragraph text
- The Special Rapporteur highlights that, apart from the Committee, a variety of international and regional human rights bodies and independent experts are working on the issue of violence against women. These bodies have all developed a rich jurisprudence, general comments and recommendations relating to the right of women and girls not to be subjected to violence, which in certain circumstances may amount to torture or cruel, inhuman or degrading treatment, denial of the right to health and other human rights. There are regional treaties and treaty bodies looking specifically at gender-based violence in Africa, the Americas and Europe. There are also independent experts in Africa and the Americas. However, these instruments need more incorporation and implementation, including through sustained funding of expert monitoring mechanisms to carry out their work, to facilitate coordination and to share best practices, information and insights. This urgency to support existing good work is even more compelling given the high priority dedicated to the eradication of violence against women in the Sustainable Development Goals.
- 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
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 84
- Paragraph text
- The submissions received from civil society organizations on the adequacy of the existing legal framework represent a great diversity of responses. These views, together with those of the Committee on the Elimination of Discrimination against Women and regional mechanisms, have been an extremely enriching contribution to the debate on the adequacy of the legal framework on violence against women. Almost all submissions emphasized the role of the Convention on the Elimination of All Forms of Discrimination against Women as a dynamic, living instrument that encompasses violence against women as a form of discrimination against women and the progressive interpretation of the Convention through the adoption of successive general recommendations on violence against women by the Committee, as well as other related subjects, such as the core obligations on States to implement the Convention, access to justice (general recommendation No. 33 (2015) on women’s access to justice) and the rights of women and girls in conflict and post-conflict situations (general recommendation No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations), along with all the other general recommendations. A significant number of submissions pointed out that the lack of a specific global treaty on gender-based violence against women had important symbolic value and further indicated that a new treaty could have an important role in galvanizing implementation at the State level. That symbolic value and potential to act as a catalyst for change was particularly compelling in the broader Asia-Pacific and Middle East regions, which were the only ones that did not have a specific regional treaty on violence against women.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 85
- Paragraph text
- The Special Rapporteur believes that the lack of full incorporation and application of international norms at the domestic level, including the Convention and other instruments, is the main challenge faced in addressing gender-based violence against women. This problem should be more vigorously addressed by the different measures recommended in the present report, among which is the examination of the adequacy of the current legal framework. The Special Rapporteur believes that a global implementation plan on violence against women could be a proper response to address all initiatives and proposals contained in the numerous submissions received.
- 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
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 93
- Paragraph text
- In the Special Rapporteur’s opinion, an optional protocol to the Convention is also an option which could be considered as a long-term solution, and which could aid implementation. Creative opportunities from other instruments could be integrated, such as cooperation with national implementing mechanisms (Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) and national coordinating bodies, and a role for national parliaments (as proposed in articles 7 and 10 of the Convention on Preventing and Combating Violence against Women and Domestic Violence).
- 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
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 97b
- Paragraph text
- [States, United Nations entities, independent mechanisms and other stakeholders should undertake to do the following:] Support the strengthening of cooperation between the Committee and the Special Rapporteur on violence against women, as envisaged in the founding resolutions of the mandate, through regular thematic meetings on violence against women, especially ways to implement general recommendation No. 35;
- 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
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 96b
- Paragraph text
- [The Special Rapporteur makes the following specific recommendations:] Governments and civil society should start the process leading to a fifth United Nations World Conference on Women, with a focus on violence against women as a priority, and consider the possibility of formulating a global implementation action plan or guidelines on violence against women;
- 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
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 96c
- Paragraph text
- [The Special Rapporteur makes the following specific recommendations:] States should allocate adequate financial and human resources for the implementation of integrated legislation, policies, measures and programmes to prevent and combat gender-based violence against women, including appropriate financial and human resources for the related monitoring bodies;
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 96e
- Paragraph text
- [The Special Rapporteur makes the following specific recommendations:] States should ratify without reservation the existing international and regional instruments addressing gender-based violence against women and properly implement them at the national level;
- 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
- 2017
Paragraph