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Reparations to women who have been subjected to violence 2010, para. 20
- Paragraph text
- Reparation measures express the obligation of the State to provide redress to victims when, by action or omission, it has infringed against their rights. Social policy and development measures are measures addressed at the entire population to ensure that each and every person can meaningfully enjoy all rights recognized by the State. They are inspired by notions of redistributive justice and should primarily target those sectors of the population which have traditionally been discriminated against and structurally disadvantaged, including women. Humanitarian intervention measures are measures of temporal assistance to victims of natural and human-made disasters, aimed at ensuring their subsistence, alleviating their suffering and protecting their dignity and basic rights during the crisis. They rest on basic notions of solidarity and the obligation of the State to protect rights but, unlike reparations, they are not remedial measures that express State responsibility for the violation of rights.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Reparations to women who have been subjected to violence 2010, para. 22
- Paragraph text
- Women are of course addressed in all the human rights and humanitarian law treaties that contemplate a right to a remedy. Unfortunately, the Convention on the Elimination of All Forms of Discrimination against Women is not particularly explicit regarding women's right to remedies, reparation or compensation. Article 2 (c) provides only that States parties undertake to ensure the effective protection of women against any act of discrimination through competent national tribunals and other public institutions. This contrasts with article 6 of the International Convention on the Elimination of All Forms of Racial Discrimination which refers to the obligation of States to assure "adequate reparation or satisfaction for any damage suffered as a result of such [racial] discrimination" and article 14 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which requires that States ensure that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Reparations to women who have been subjected to violence 2010, para. 23
- Paragraph text
- The obligation to provide reparations to women subjected to violence is much more clearly spelled out in the Declaration on the Elimination of Violence against Women, which places upon the State the duty to develop penal, civil, labour and administrative sanctions in domestic legislation to punish and redress the wrongs caused to women who are subjected to violence. The Declaration states that women who are subjected to violence should be provided with access to the mechanisms of justice and, as provided for by national legislation, to just and effective remedies for the harm that they have suffered, and that States should inform women of their rights in seeking redress through such mechanisms (art. 4 (d)). In the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, it is envisaged that States must undertake to establish fair and effective legal procedures for women who have been subjected to violence and the necessary legal and administrative mechanisms to ensure that women subjected to violence have effective access to restitution, reparations or other just and effective remedies (art. 7 (f) and (g)). The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa expressly states that women who are subjected to violence through violations of their rights to life, integrity and security of person should have access to reparations including rehabilitation (art. 4) and obliges the State to create mechanisms to increase the participation of women in planning, formulation and implementation of post-conflict reconstruction and rehabilitation (art. 10). However, as pointed out by the previous Special Rapporteur, "very little information is available regarding State obligations to provide adequate reparations for acts of violence against women … this aspect of due diligence remains grossly underdeveloped".
- 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
- Date added
- Aug 19, 2019
Paragraph
Reparations to women who have been subjected to violence 2010, para. 24
- Paragraph text
- The little attention devoted to reparations, both at a substantive and procedural level, for women who suffer violence contrasts with the fact that women are often the target of both sex-specific and other forms of violence, not only in times of conflict but also in ordinary times. Women often bear the brunt of the consequences of violence that targets them, their partners and dependants. Given the disparate and differentiated impact that violence has on women and on different groups of women, there is a need for specific measures of redress in order to meet their specific needs and priorities. Since violence perpetrated against individual women generally feeds into patterns of pre-existing and often cross-cutting structural subordination and systemic marginalization, measures of redress need to link individual reparation and structural transformation. Additionally, women who experience violence have traditionally encountered obstacles to accessing the institutions that award 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
- Year
- 2010
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Reparations to women who have been subjected to violence 2010, para. 32
- Paragraph text
- Women-centred processes of reparations require participation of women in the process of shaping, implementing, monitoring and evaluating reparations programmes; design of a reparations procedure that renders it accessible to all women and girls; investigation of facts to determine whether certain violations of rights have taken place and making sure that those violations that target women and girls have been duly included; determination of harms, including those which are gender-specific or have a differential impact on women and girls; identification of responsibility for the violation, including by omission, and by those perpetrators that target women and girls; and determination of measures of redress aimed at returning the victim to where she was before the violation took place, except for when those measures may in themselves be discriminatory or fail to address the structural roots underlying the violence.
- 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
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Reparations to women who have been subjected to violence 2010, para. 39
- Paragraph text
- Another advantage of reparations programmes crafted through legislative or administrative schemes is that victims, victims' groups and civil society in general can be involved in the process in more proactive ways than judicial proceedings allow for. This not only facilitates access to the information needed for the proper design of a programme, but has in and of itself a reparative effect, by conveying a sense of agency. While this is true for all victims in general, it may be even more so for women, given that they ordinarily face more difficulties reaching the public sphere and interacting with the State.
- 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
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Reparations to women who have been subjected to violence 2010, para. 47
- Paragraph text
- The definition of "victim" endorsed by the Basic Principles and Guidelines assumes that, although the violation of a right is a precondition for the right to reparation, the relationship between the right and the violation, for purposes of reparation, is mediated by the notion of harm. As a result, the potential rights holders include not only victims, but also others, such as close family members and dependants, who are affected or harmed as a consequence of the violation. This notion of victim that links rights and harms allows for the reflection that every gross violation generates a "community of harm" which impacts others to be reflected. Bringing the notion of harm to the fore can also allow victims to be prioritized according to the severity of the harm endured. Both expanding beneficiaries and prioritizing victims and beneficiaries according to harm can have important consequences for women.
- 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
- Families
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Reparations to women who have been subjected to violence 2010, para. 69
- Paragraph text
- Despite a number of courts having ruled that such practices were a violation of both physical integrity and privacy of the women, judicial arenas for contesting forced sterilization and receiving compensation are fraught with difficulties. Women confronted with the traditional structural and administrative limitations in accessing justice, especially if they are poor or belong to minority or excluded groups, need to overcome specific obstacles when making claims to redress historical injustices. Often, financial compensation has been denied by ordinary courts because of such legal barriers as the statute of limitations. Furthermore, the focus has mostly been restricted to insufficient monetary compensation.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Health
- Violence
- Person(s) affected
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 73
- Paragraph text
- Further jurisprudence with regard to reparations includes the case Opuz v. Turkey, before the European Court of Human Rights. The case was brought by Ms. Opuz, who, along with her mother, suffered years of 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 decided to award the victim 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 through deterrent punishment measure.
- 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
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 76
- Paragraph text
- It has become increasingly clear that there is a correlation between prevalence rates and effective and responsive accountability measures. The investigation, prosecution, protection and redress measures, offered to women victims of violence, will have a direct effect on the prevalence rates of such violence. The ultimate objective of States' efforts when investigating and punishing acts of violence against women, and when protecting and offering redress to victims of such violence, should be the prevention of revictimization and future acts of violence by addressing structural discrimination and ensuring empowerment of women.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 13
- Paragraph text
- Taking into account the intersectionality and the continuum of violence approach that have increasingly blurred the distinction between violence perpetrated in the public and the private spheres, the mandate analyses violence against women in four main spheres: (i) in the family; (ii) in the community; (iii) violence perpetrated or condoned by the State; and (iv) in the transnational arena. These broad categories are neither mutually exclusive nor ranked. If any violence that falls somewhere on this continuum is either directed at women, or experienced by a group that is overwhelmingly female, then the violence constitutes 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
- Families
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 14
- Paragraph text
- Section A below tracks the evolution of violence against women as a human rights issue, including the appointment of a Special Rapporteur on violence against women. Section B describes the most prevalent manifestations of violence against women that the mandate has identified in the family, the community, the State and the transitional arena. Section C highlights some evolving practices, jurisprudence and challenges regarding States' compliance with their due diligence obligation to prevent, protect, investigate and punish and provide reparations to women victims of violence. Finally, section D proposes a holistic approach to addressing the multiple and intersecting forms of discrimination and 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
- Families
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 16
- Paragraph text
- The 1993 World Conference on Human Rights adopted the Vienna Declaration and Programme of Action that recognized that "the human rights of women and of the girl child are an inalienable, integral and indivisible part of universal human rights". The World Conference called upon the General Assembly to adopt the draft declaration on violence against women and urged States to combat violence against women in accordance with its provisions. In 1993, the General Assembly adopted the Declaration on the Elimination of Violence against Women, which provides a more comprehensive framework on violence against women in terms of definition, scope, obligations of the State, and the role of the United Nations. Pursuant to a decision of the Commission on Human Rights the same year in which it considered the appointment of a special rapporteur on violence against women, the mandate was established by resolution 1994/45 on the integration of the rights of women into the human rights mechanisms of the United Nations and the elimination of 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
- Girls
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 17
- Paragraph text
- The twenty-third special session of the General Assembly on the five-year review of the implementation of the Beijing Declaration and Platform for Action clearly demonstrated that violence against women had become a priority issue on the agenda of many Member States. The outcome document of the session went a step further in calling on States to "treat all forms of violence against women and girls of all ages as a criminal offence punishable by law, including violence based on all forms of discrimination". In 2010, at the Beijing + 15 review, Member States recognized that implementation of the Beijing Declaration and the Convention on the Elimination of All Forms of Discrimination against Women was mutually reinforcing in the quest to achieve gender equality and the empowerment of women and emphasized the interdependency between the implementation of these commitments and achieving the internationally agreed 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 23
- Paragraph text
- The thematic and country mission reports produced by the Special Rapporteur help provide a framework for addressing distinct forms of gender-based violence by analysing the causes and consequences of violence, and elaborating on the role of both States, non-State actors, and regional and international stakeholders in combating violence in the public and private domains. Thematic reports also help inform policy and shape the advancement of women's human rights standards in international law. For example, the Special Rapporteur's 2010 report on reparations has been used by OHCHR to implement a project on reparations and capacity-building in northern Uganda, as well as a joint project with the United Nations Joint Human Rights Office, which focuses on remedies and reparations for victims of sexual violence in the Democratic Republic of the Congo.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 24
- Paragraph text
- The section below describes prevalence and illustrations of manifestations of violence against women in each of the four spheres by drawing on findings from the country visits undertaken by the Special Rapporteur between 2009 and 2011 (Kyrgyzstan, Algeria, El Salvador, Zambia, United States of America), as well as findings of previous mandate-holders. As such, it does not purport at providing an exhaustive account of forms of violence against women globally, but rather seeks to highlight examples of how such violence can manifest itself by selecting main themes covered and encountered by the Special Rapporteur.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 28
- Paragraph text
- Domestic violence continues to be perceived as both socially acceptable and legitimate. During her visit to Kyrgyzstan, the Special Rapporteur found that 38 per cent of women between 15 and 49 years of age believed that a husband had the right to beat his wife in various situations. Domestic violence is also an extremely underreported crime. Throughout country visits, victims put forward similar reasons why they hesitate to contact the authorities: fear of retaliation, family or community pressure not to reveal domestic problems, poor awareness of rights, lack of support services, economic dependency, and perceptions that the police will not respond adequately.
- 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
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
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Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 29
- Paragraph text
- Prosecution of domestic and other forms of family violence remains low. El Salvador saw a decline from 4,890 (2003) to 1,240 (2007) in the number of judicial proceedings in intra-family violence cases initiated in family courts. The Special Rapporteur recurrently hears accounts of police officers encouraging informal resolutions and reconciliation between the parties rather than arresting the perpetrators. In Zambia, women preferred conciliation primarily due to family pressure and economic dependency on the abuser. Women facing multiple forms of discrimination, such as immigrant and indigenous women or women belonging to a minority, may be particularly reluctant to reach out to the authorities, who they may perceive as oppressive rather than protective. The Special Rapporteur received reports of the arrest of women of colour and of minority women following domestic violence incidents during her visit to the United States of America.
- 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
- Ethnic minorities
- Families
- Persons on the move
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
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