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Adequacy of the international legal framework on violence against women 2017, para. 40
- Paragraph text
- In relation to Convention norms and standards, civil society organizations highlighted that international instruments should focus on further clarifying State obligations to reflect the current complexities of global political and economic systems that had contributed to the perpetuation of gender-based violence against women, as well as acted as a barrier to eliminating gender-based violence against women. The increasing incidence of gender-based violence against women committed by entities such as corporations and non-State military actors, owing to the power imbalance caused by the prevalence of neo-liberal economic policies and increasing armed conflict, should be reflected in instruments of the Convention. Civil society organizations further suggested that the Committee should expand upon the definition of non-State actors and identify the scope of obligations imposed upon them. Extra focus should also be dedicated to spelling out more detailed State obligations concerning laws and policies aimed at eliminating gender-based violence against women. For instance, common references to substantive, evidentiary and procedural laws that represented an obstacle for survivors of violence seeking justice should be outlined. In reflecting national practices, the Committee could also draw upon good practices of States in implementing legal, policy or programmatic approaches and solutions in addressing gender-based violence against women. Finally, civil society organizations agreed that the updating of general recommendation No. 19 by the Committee provided an opportunity for such synergies.
- 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
- Women
- Year
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 53
- Paragraph text
- Another key aspect was secondary protection for women and girls after violence had taken place to avoid further violence and secondary victimization. In that regard, there should be accessible shelters and durable housing solutions, especially for indigenous women and women in rural areas. In addition, the reception of refugee and migrant women needed to be in facilities which were safe (where they would not be mixed with men and therefore in danger).
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 80
- Paragraph text
- Building on general recommendation No. 19 and general recommendation No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations, general recommendation No. 35 urges States parties to strengthen their obligations with regard to gender-based violence against women, whether territorially or extraterritorially, and calls upon States to adopt several provisions in the areas of prevention, protection, prosecution and redress that should be implemented with a victim- and survivor-centred approach aimed at avoiding revictimization.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Humanitarian
- Violence
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 82
- Paragraph text
- General recommendation No. 35 also recommends that States “ensure access to financial aid and free or low-cost high quality legal aid, medical, psychosocial and counselling services, education, affordable housing, land, childcare, training and employment opportunities for women victims and survivors, and their family members. Health-care services should be responsive to trauma and include timely and comprehensive sexual, reproductive and mental health services. States should provide specialist women’s support services, such as free-of-charge 24-hour helplines, and sufficient numbers of safe and adequately equipped crisis, support and referral centres, as well as adequate shelters for women, their children, and other family members as required”.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- Children
- 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
Closing the gap in international human rights law: lessons from three regional human rights systems on legal standards and practices regarding violence against women 2015, para. 55
- Paragraph text
- Institutional mechanisms include both a commission and a court. The mandate of the Inter-American Commission on Human Rights includes receiving and investigating individual petitions relating to violations of human rights; observing the general situation of human rights in Member States; conducting in loco visits to countries to conduct an in-depth analysis of the general situation and/or to investigate a specific situation; developing an awareness of human rights among the peoples of the Americas, including through the publication of reports on relevant thematic issues; organizing and holding visits, lectures, seminars and meetings with State and non-State actors; making recommendations to member States; requesting member States, in serious and urgent cases, to adopt precautionary measures, in order to prevent irreparable harm; presenting cases to the Inter-American Court; requesting advisory opinions of the Inter-American Court of Human Rights; and examining inter-State communications. The use of the precautionary measures mechanism has led to the Commission requesting a State party to adopt measures to protect the life and integrity of women's rights defenders in Colombia working with issues pertaining to the armed conflict; to protect the life, integrity, and health of women living in displacement camps in Haiti; to ensure the safety of women's rights defenders in Mexico; and to protect victims of sexual abuse, among other urgent situations.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2015
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 18
- Paragraph text
- These developments led the General Assembly, the Human Rights Council and the Security Council to pass resolutions that focus particularly on violence against women and girls. The General Assembly and the Human Rights Council have, for example, increasingly identified inequality and discrimination, including gender-based violence, as violations of human rights of women and girls. Resolutions adopted by these organs have increasingly referred to the heightened risk of gender-based violence for women who suffer multiple forms of discrimination and have identified "power imbalances and structural inequality between men and women" as root causes of violence against women. In the context of peace and security, the Security Council, through resolutions 1325 (2000) and 1820 (2008), has called for special measures to protect women and girls from gender-based violence in situations of armed 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
- Men
- Women
- Year
- 2011
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 39
- Paragraph text
- Violence perpetrated or condoned by the State may include gender-based violence during conflict, custodial violence, violence against refugees and internally displaced persons as well as against women from indigenous and minority groups.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Humanitarian
- Violence
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2011
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 40
- Paragraph text
- Conflict and post-conflict situations often exacerbate an existing environment of discrimination, subordination, violence against women and men's control over their sexuality. Findings of "unimaginable brutality" in the first mandate-holder's report on violence against women during times of armed conflict continue to hold true. Military environments in general, characterized by a hierarchical and command-driven culture, expose women to heightened risks of violence and abuse. As reported following the visit of the Special Rapporteur to the United States, sexual assault and harassment of women in the military has been acknowledged as a pervasive form of violence against women. While most cases of sexual assault in the military go unreported, statistics suggest that women constitute the vast majority of those who report cases. Reflective of a similar tendency of solving domestic violence cases through negotiation and reconciliation, the overwhelming majority of sexual assault cases in the United States military are disposed of through non judicial punishment: only 14 to 18 per cent of cases are prosecuted.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Women
- Year
- 2011
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 44
- Paragraph text
- Defilement, rape, early marriages and survival sex continue to be major problems affecting women asylum-seekers and refugees, both in camps as well as women residing in urban areas. During conflicts, women are often trafficked across borders to provide sexual services to combatants in armed conflict. Armed conflict increases the risk of women and girls being abducted and forced into sexual slavery and/or forced prostitution. Although most conflicts are now internal, women and girls may be transported across international borders to camps of armed groups located in the territory of a neighbouring State. Abuses against women and girls have also been committed by international personnel deployed in United Nations peace operations.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2011
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 65
- Paragraph text
- The major gaps in the enforcement of protective obligations include a lack of adequate enforcement by police and the judiciary of civil remedies and criminal sanctions for violence against women, and an absence or inadequate provision of services such as shelters, which mean that women often have no alternative housing options besides continuing to live with their abusers. In addition, the focus of protection has too frequently been on the provision of short-term emergency assistance rather than on providing victims the means to avoid re-victimization.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- Women
- Year
- 2011
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 70
- Paragraph text
- Most human rights and humanitarian law treaties provide for a right to a remedy. In the context of gross and systematic violations of human rights, the Basic Principles and Guidelines on the Right to Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and serious violations of International Humanitarian Law, adopted by the General Assembly in 2005, start with the premise that "the State is responsible for ensuring that victims of human rights violations enjoy an individual right to reparation". Both the Convention on the Elimination of All Forms of Discrimination against Women and the Declaration on the Elimination of Violence against Women place upon the State the duty to provide compensation for all acts of violence. Yet, the implementation of the due diligence obligation to reparations remains grossly underdeveloped in practice, as discussed in the 2010 report of this mandate. The little attention devoted to gender-specific reparations, both at a substantive and procedural level, contrasts with the fact that women are often the target of both sex-specific and other forms of violence.
- 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
- Women
- Year
- 2011
Paragraph
Existing legal standards and practices regarding violence against women in three regional human rights systems and activities being undertaken by civil society regarding the normative gap in international human rights law 2015, para. 54
- Paragraph text
- Institutional mechanisms include both a commission and a court. The mandate of the Inter-American Commission on Human Rights includes receiving and investigating individual petitions relating to violations of human rights; observing the general situation of human rights in member States; conducting in loco visits to countries to conduct an in-depth analysis of the general situation and/or to investigate a specific situation; developing an awareness of human rights among the peoples of the Americas, including through the publication of reports on relevant thematic issues; organizing and holding visits, lectures, seminars and meetings with State and non-State actors; making recommendations to member States; requesting member States, in serious and urgent cases, to adopt precautionary measures, in order to prevent irreparable harm; presenting cases to the Inter-American Court of Human Rights; requesting advisory opinions of the Inter-American Court of Human Rights; and examining inter-State communications. The use of the precautionary measures mechanism has led to the Commission requesting a State party to adopt measures to protect the life and integrity of women's rights defenders in Colombia working with issues pertaining to the armed conflict; to protect the life, integrity and health of women living in displacement camps in Haiti; to ensure the safety of women's rights defenders in Mexico; and to protect victims of sexual abuse, among other urgent situations.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2015
Paragraph
Gender-related killings of women 2012, para. 51
- Paragraph text
- During armed conflict, women experience all forms of physical, sexual and psychological violence, perpetrated by both State and non-State actors, including unlawful killings. Such violence is often used as a weapon of war, to punish or dehumanize women and girls, and to persecute the community to which they belong.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2012
Paragraph
Gender-related killings of women 2012, para. 52
- Paragraph text
- Women and girls suffer from operations randomly or strategically targeting and terrorizing the civilian population, but also from summary and extrajudicial executions, imprisonment, torture, rape and sexual mutilations for fighting in resistance movements, for engaging in the search for and defence of their loved ones or for coming from communities suspected of collaboration. Gender inequality becomes more pronounced in conflict and crisis situations, as competing masculine discourses place contradictory demands on women, and conflict is instrumentalized as a pretext to further entrench patriarchal control.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2012
Paragraph
Gender-related killings of women 2012, para. 54
- Paragraph text
- In Afghanistan, women's rights defenders continue to be regularly threatened and intimidated, and high-profile women, mainly political activists, have been assassinated, and their killers have not been brought to justice. The Taliban's interpretation of sharia law is used to justify harsher punishments for women seen to be mixing with men outside their immediate families. A common means of intimidation and control of local communities, mainly women, is the use of night letters. These are threatening letters, usually hand-delivered, or pasted onto a door or in a mosque, by insurgent groups. The content of these letters varies, but the main message is a threat of harm to women and girls (or their parents) if they go to school or to work, leave their homes, speak to non-family men, or call radio stations with music requests.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2012
Paragraph
Gender-related killings of women 2012, para. 63
- Paragraph text
- In Guatemala, the current experience of massive and violent killings of indigenous women has a legacy stemming back to colonial times, further increasing during the 36-year armed conflict. Indigenous Maya women constituted 88 per cent of victims of sexual and systematic attacks, with such attacks being publicly and intentionally perpetrated, mainly by military and paramilitary personnel. After the 1996 Peace Accord, no efforts were made to seek justice for and provide reparations to the victims and their families. In fact, article 200 of the Penal Code (repealed in 2006) afforded immunity to perpetrators of sexual violence and kidnapping of women and girls over 12 years old, where the perpetrator subsequently married the victim. Thus a State-endorsed impunity was established, condoning all forms of violence, particularly against indigenous women.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2012
Paragraph
Gender-related killings of women 2012, para. 109
- Paragraph text
- The lack of adequate assessment of risk, the lack of enforcement by police and the judiciary of civil remedies and criminal sanctions, and the absence or inadequate provision of services, such as shelters, also exacerbate the risk of women of being abused and murdered, as often women have no choice but to continue living with their abusers.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Gender-related killings of women 2012, para. 111
- Paragraph text
- International humanitarian law proscribes gender-based violence and extrajudicial executions of women during armed conflict. It also forbids attacks on their personal dignity, in particular humiliating and degrading treatment. Significant obstacles to investigating and prosecuting killings of women have been identified. These include the failure of police intervention, a lack of implementation of security measures for women, repeated attacks on law-enforcement officials and women's rights advocates, and inaccessible detention locations in areas under the control of insurgents and other illegally armed groups. Institutional weakness results in impunity in cases of gender-related killings of women, as a lack of respect for the rule of law, corruption and poor administration of justice are the norm.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Humanitarian
- Violence
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Multiple and intersecting forms of discrimination and violence against women 2011, para. 14
- Paragraph text
- Building on the Vienna Declaration and its framework, both the Fourth World Conference on Women in Beijing (1995) and the Third World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance in Durban (2001) addressed the multiple and intersecting forms of discrimination that cause intra-gender and intra-racial inequalities respectively. The Fourth World Conference on Women recognized the particular vulnerability to violence of "women belonging to minority groups, indigenous women, refugee women, women migrants, including women migrant workers, women in poverty living in rural or remote communities, destitute women, women in institutions or in detention, female children, women with disabilities, elderly women, displaced women, repatriated women, women living in poverty and women in situations of armed conflict, foreign occupation, wars of aggression, civil wars, terrorism, including hostage-taking." The World Conference against Racism included gender and racial discrimination among its five areas of focus. The Durban Declaration expressed the view "that racism, racial discrimination, xenophobia and related intolerance reveal themselves in a differentiated manner for women and girls, and can be among the factors leading to a deterioration in their living conditions, poverty, violence, multiple forms of discrimination, and the limitation or denial of their human rights."
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Poverty
- Person(s) affected
- Ethnic minorities
- Girls
- Persons on the move
- Women
- Year
- 2011
Paragraph
Multiple and intersecting forms of discrimination and violence against women 2011, para. 78
- Paragraph text
- Contexts such as conflict, natural disasters, occupation, internal displacement and institutionalization help to create and to maintain an inter- and intra-gender hierarchy, in which women's capacity to act is constrained by forces that increase their vulnerability to violence.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Women
- Year
- 2011
Paragraph
Multiple and intersecting forms of discrimination and violence against women 2011, para. 86
- Paragraph text
- The right to adequate housing is often particularly compromised for refugee women, especially in conflict and post-conflict situations. Women are often left with no other option but to take shelter in temporary camps where rape and other forms of violence are the norm. In these cases, women experience multiple forms of violence - displacement from the home, sub-standard temporary housing, and the high risk of experiencing physical and sexual violence, without any available recourse. Thus in the case of refugee women there is a failure to meet women's basic needs on multiple fronts.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2011
Paragraph
Multiple and intersecting forms of discrimination and violence against women 2011, para. 88
- Paragraph text
- The current global reality of women reflects a failure to meet their rights in respect of security and bodily integrity, across physical, mental and sexual contexts. Many regions in the world are currently experiencing violence, both public and private - be it in actual military conflict and combat zones, or in the aftermath of conflicts, or during periods of supposed "peacetime". Conflict and post-conflict situations often exacerbate an environment of violence against women including through sexual violence, trafficking and forced prostitution. The double bind of sexual violence is enacted against them because of one disempowered aspect of their social location, i.e. ethnic group, class position, education level, religious beliefs, or other facets of their identity - as well as their gendered position. Thus the victims are not only abused by one set of ideological-based practices - a group's desire to humiliate and destroy their enemy - but by the inequality inherent with their own group's cultural ideologies of gender and women's bodies. Women, who are already vulnerable to myriad forms of interpersonal and structural violence and discrimination, whether at the household, community, or even State level, are more likely to become victims of such violence than those women who come from elite or powerful populations. Thus, existing forms of discrimination are exacerbated, and new forms of violence are generated against women who are already vulnerable.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Social & Cultural Rights
- Violence
- Person(s) affected
- Women
- Year
- 2011
Paragraph
Pathways to, conditions and consequences of incarceration for women 2013, para. 36
- Paragraph text
- In 2011 in Egypt, 20 female prisoners were arrested in a peaceful public protest and 17 were subjected to forced virginity testing in a military prison. It is alleged that the purpose was to humiliate them and deter other women from protesting.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Humanitarian
- Violence
- Person(s) affected
- Activists
- Women
- Year
- 2013
Paragraph
Pathways to, conditions and consequences of incarceration for women 2013, para. 75
- Paragraph text
- In some countries, women are unable to return home on release due to fear that violence may be committed against them. According to one report, female prisoners in Iraq have asked to remain in detention centres following their scheduled release due to fear of honour-related violence. It is argued that in India "the inter changeability of punitive and protective or curative institutions has led to prison cells being regarded as places of safe custody". In Australia, research has shown that women are left homeless, or forced to remain in secure custody, due to fear of payback and retaliation by the community.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2013
Paragraph
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
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
Paragraph
Reparations to women who have been subjected to violence 2010, para. 26
- Paragraph text
- More recently, there has been increasing progress in State practice in making sure that the mandates of truth and reconciliation commissions include the investigation of gender violence. To mainstream gender in their way of operating, they are holding thematic hearings devoted to female victims and ensuring that women's experiences of the conflict are made visible in their reports and recommendations.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Humanitarian
- 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. 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