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Violence against women with disabilities 2012, para. 98j
- Paragraph text
- [The Special Rapporteur recommends the following measures:] States should be encouraged to respond to requests for information by relevant United Nations mechanisms;
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 89
- Paragraph text
- While all options are on the table, the Special Rapporteur highlights that any initiatives need to be assessed according to whether they are likely to address the normative challenge at the national level of incorporating and implementing existing international obligations and ensuring a dynamic State response which includes the necessary resources and political will to create change.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Violence against women with disabilities 2012, para. 97
- Paragraph text
- At the non-governmental organization level, there are dedicated organizations or coalitions that conduct research and provide services and training. Innovative use of the Internet has also led to the development of interactive websites where readers share information and experiences.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 90
- Paragraph text
- It is also important to recall that the process for such a development would need to be carefully considered, making sure that existing standards are not undermined.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Gender-related killings of women 2012, para. 116b
- Paragraph text
- [In cases involving gender-related killings, the international and regional human rights systems have included some of the following standards regarding the due diligence obligations of States:] Guarantee de jure and de facto access to adequate and effective judicial remedies;
- 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
- N.A.
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
State responsibility for eliminating violence against women 2013, para. 12
- Paragraph text
- The last 25 years has seen developments in legal rules governing State responsibility in general and due diligence in particular as regards the obligations of States to protect individuals within their territory or jurisdiction from human rights violations. The modern approach to State responsibility is set out in the International Law Commission draft articles on responsibility of States for internationally wrongful acts. Articles 2 and 12 broadly provide that a State is responsible for an act or omission attributable to it under international law where the conduct breaches an international obligation of that State and when an act of that State is not in conformity with what is required of it by that obligation, regardless of its origin or character. The standard of fault that applies, whether intent, negligence or the failure to exercise due diligence, depends on the applicable international legal rule. The commentary to the articles notes that the standard of due diligence is context specific and is dependent on the substantive international legal rule at issue.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Other
Paragraph
State responsibility for eliminating violence against women 2013, para. 11
- Paragraph text
- As a general rule, State responsibility is based on acts or omissions committed either by State actors or by actors whose actions are attributable to the State. A long-standing exception to this rule is that a State may incur responsibility where there is a failure to exercise due diligence to prevent or respond to certain acts or omissions of non-State actors. In the seventeenth century, Grotius articulated principles that can be seen as a precursor to contemporary notions of State responsibility. The principle of patientia would hold a community or ruler responsible where there is knowledge of a crime committed by a subject, but there is a failure to prevent it in circumstances where it can and should be prevented. In the early twentieth century, Oppenheim advanced the theory of vicarious State liability, in which a State is responsible for acts of private individuals in its territory where it has failed to disown or disapprove of the impugned conduct. Triepel articulated a doctrine of State responsibility that would hold States responsible in circumstances where they fail to exercise due diligence.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Other
Paragraph
State responsibility for eliminating violence against women 2013, para. 62
- Paragraph text
- State responses also reflect the important collaboration and partnerships between the State and civil society organizations, in particular relating to legal and counselling service provision and shelter services. The information provided does not reflect the reality that civil society organizations carry the burden and costs of providing services in many instances; that some States impose burdensome regulations in respect of funding applications and reporting; that bias and preference does play a role in decisions on funding to civil society organizations; and that funding cuts (linked to austerity measures) are having a huge impact on service provision.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Other
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. 35
- Paragraph text
- Systematic and adequate data collection is recognized as an essential component of effective policymaking and a crucial requirement for monitoring the implementation of measures. The Convention specifies the type of data to be collected for dissemination, by the national coordinating body, to relevant monitoring bodies. Chapter IX of the Convention contains detailed provisions concerning the monitoring system necessary for the implementation of the Convention, both nationally and regionally. States parties cannot make reservations regarding the monitoring provisions. States parties are required to set up government bodies at regional, national and local levels to coordinate, implement, monitor and evaluate relevant policies and measures.
- 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
- All
- N.A.
- Year
- 2015
- Paragraph type
- Other
Paragraph
Modalities for the establishment of femicides/gender-related killings watch 2016, para. 45
- Paragraph text
- A global indicator framework was developed and proposed by the Inter-Agency and Expert Group on Sustainable Development Goal Indicators as a tool to follow up on and review the implementation of the 2030 Agenda. The Statistical Commission agreed in March 2016 to use this framework, which includes a total of 230 indicators, as a practical starting point. Mindful that the set of indicators may lack sound methodologies and significant country coverage, the Expert Group intends to regularly update and refine the indicators as they evolve and new forms of technology will allow for better and more complete data collection.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Paragraph type
- Other
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 24
- Paragraph text
- Even though civil society organizations didn’t express a unitary perspective on the current debate on the adequacy of the international legal framework on violence against women, the Special Rapporteur could identify some recurrent concerns, which have been grouped under the following categories: (a) support for a new stand-alone treaty with a new separate monitoring body; (b) opposition to such a treaty and proposals to strengthen existing instruments; (c) support for the strengthening of the current legal framework and mechanisms with the possible adoption of a new optional protocol under the Convention as a long-term solution; and (d) other innovative proposals.
- 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
- N.A.
- Women
- Year
- 2017
- Paragraph type
- Other
Paragraph
Reparations to women who have been subjected to violence 2010, para. 41
- Paragraph text
- Reparations programmes allow for the simplification, in a consistent manner, of a complex reality of mass and gross violations of human rights by relying more or less explicitly on a set of common elements, including: the definition of "victims" or the selection of the list of violations or crimes for which there will be reparations; the definition of "beneficiaries" as the group of persons who are eligible for the benefits to be distributed; and the definition of benefits of both material and symbolic, individual and collective nature.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Paragraph type
- Other
Paragraph
Gender-related killings of women 2012, para. 47
- Paragraph text
- It is argued that in the United Kingdom of Great Britain and Northern Ireland crimes in the name of honour are rooted in cultural traditions, not religious beliefs, and that "the conflation of the concepts of culture and religion contributes to the misunderstanding of such crimes, particularly in the context of Islamophobia and the 'war on terror'". Similarly, the Special Rapporteur on extrajudicial, summary or arbitrary executions noted that "a number of renowned Islamic leaders and scholars have publicly condemned this practice and clarified that it has no religious basis".
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2012
- Paragraph type
- Other
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. 40
- Paragraph text
- The Convention for the Protection of Human Rights and Fundamental Freedoms reflects Western European standards and morals as applicable to the European context. It entered into force on 3 September 1953. The Convention lists both substantive and ancillary rights, including the right to an effective remedy and the prohibition of discrimination. Subsequent amending protocols guarantee a number of other rights, including the right of equality between spouses (see Protocol No. 7, art. 5), and the general right not to suffer discrimination (see Protocol No. 12, art. 1).
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Paragraph type
- Other
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. 8
- Paragraph text
- The Organization of African Unity (OAU), which was replaced by the African Union in 2002, was established in 1963. The charter creating OAU made no reference to human rights, given that the main issue on the agenda was to end colonialism and assert the right to self-determination of African States. The creation of the African human rights system in 1981 led to the adoption of several human rights instruments and the setting up of monitoring mechanisms.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Other
Paragraph
Violence against women: Twenty years of developments to combat violence against women 2014, para. 50
- Paragraph text
- Most recently, the mandate was renewed in 2013 in Human Rights Council resolution 23/25, which focused more extensively on the issue of sexual violence in conflict situations.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
- Paragraph type
- Other
Paragraph
State responsibility for eliminating violence against women 2013, para. 23
- Paragraph text
- Many human rights instruments, whether legally binding or "soft law", include an interpretation and/or basic guiding elements in respect of the State responsibility to act with due diligence. Among others, these include: recognizing the problem; reviewing current policies to identify problem areas; modifying laws and policies to prevent harm or protect a right; punishing and/or rehabilitating the perpetrator; providing the victim with compensation and other remedial measures; reporting to an international body in respect of measures taken towards compliance; and, occasionally, monitoring cases and indicators to follow up and further modify policies. Reparation is a step in the process that is too often neglected, as confirmed in reports of the present mandate. Nevertheless, in general, a due diligence framework is clearly recognizable and coherent in both international and regional human rights instruments, with differing provisions that may impact the realization of the obligations of States parties.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Other
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. 7
- Paragraph text
- Both the General Assembly and the Human Rights Council have adopted resolutions on the broad theme of "Regional arrangements for the promotion and protection of human rights". In section 5 (h) of its resolution 60/251 of 2006, the Assembly specifically stated that the Council should, inter alia, work in close cooperation in the field of human rights with Governments, regional organizations, national human rights institutions and civil society. In its resolution 12/15, adopted in 2009, the Council reaffirmed the fact that regional arrangements (mechanisms) played an important role in promoting and protecting human rights and that they should reinforce universal human rights standards, as contained in international human rights instruments.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Other
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. 41
- Paragraph text
- During the negotiations of the Convention, it was decided to establish both a European Court of Human Rights and a European Commission of Human Rights. The Commission, which was in operation from 1953 to 1999, largely performed two functions: shielding the Court from a possible overload of individual complaints, and serving as a regional institution directly accessible to individuals. It filtered complaints through admissibility proceedings, mediated disputes through friendly settlement and carried out fact-finding activities and drew up reports in respect of disputes that had been declared admissible but were not settled. Pursuant to Protocol No. 11, the European Court of Human Rights took over the functions of the Commission.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Other
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 77
- Paragraph text
- General recommendation No. 35 incorporates the newest developments at the national, regional and international levels and builds upon the growing jurisprudence and work of the Committee, and the work of the Special Rapporteur and other human rights mechanisms. The Special Rapporteur believes that this new instrument will provide in a timely manner additional guidance that is very much needed on steps that should be taken to address gender-based violence in all its forms and to accelerate progress towards its elimination. The mandate holder also welcomes the inclusive participatory process that accompanied the update of general recommendation No. 19.
- 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
- N.A.
- Year
- 2017
- Paragraph type
- Other
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. 37
- Paragraph text
- In accordance with the Convention, national parliaments are to be invited to participate in the monitoring of the Convention, and States parties are to submit the Group of Experts reports to their respective parliaments for consideration. The Parliamentary Assembly of the Council of Europe is also mandated to assess the implementation of the Convention.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Other
Paragraph
Modalities for the establishment of femicides/gender-related killings watch 2016, para. 66
- Paragraph text
- The Special Rapporteur is aware that there are many more legislative and policy measures than those mentioned in the present report and invites all States and other stakeholders to provide her with examples of initiatives and measures in this field.
- 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
- N.A.
- Year
- 2016
- Paragraph type
- Other
Paragraph
Reparations to women who have been subjected to violence 2010, para. 12
- Paragraph text
- The notion of a right to reparation is located within the framework of the law of remedies and includes two aspects: procedural and substantive. Procedurally, remedies are the processes by which arguable claims of wrongdoing are heard and decided by competent bodies, whether judicial or administrative. Substantively, remedies consist of the outcomes of the proceedings and, more broadly, the measures of redress granted to victims. The law of remedies can serve both individual and societal goals, the underlying purposes of which include corrective justice, deterrence, retribution and restorative justice. It is the element of corrective justice focusing on fairness to the victim and redress measures aimed at "repairing" the wrongdoing that victims experience which will be the focus of this report.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2010
- Paragraph type
- Other
Paragraph
State responsibility for eliminating violence against women 2013, para. 65
- Paragraph text
- The challenges of political structures, whether federal systems or decentralization measures, do have an impact on law, policy and programmatic design, on the provision of financial support and service provision, and on responsibility and accountability, among other issues. Fragmentation, lack of coherence and consistency, and the possibility of politicization of issues is a reality in some contexts. This has an impact on State responsibility in the provision of substantive services in an equitable manner to all citizens.
- 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
- All
- N.A.
- Year
- 2013
- Paragraph type
- Other
Paragraph
State responsibility for eliminating violence against women 2013, para. 46
- Paragraph text
- To differing degrees, all State responses reflect a focus on legislative and policy developments. Highlighted below are a few areas as reflected in the responses received from States; some of the concerns articulated in civil society responses/contributions, as well as in the regional consultations; and information from country missions that the Special Rapporteur conducted.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Other
Paragraph
Modalities for the establishment of femicides/gender-related killings watch 2016, para. 53
- Paragraph text
- The Special Rapporteur wishes to acknowledge some laudable initiatives by Governments and civil society actors that she encountered while preparing the present report. These initiatives serve as good practices and models for the establishment of femicide reviews and observatories, help to understand the phenomenon of femicide, unpack its causal factors and collect data and can be used as a springboard for action. The initiatives described below are therefore not exhaustive.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2016
- Paragraph type
- Other
Paragraph
State responsibility for eliminating violence against women 2013, para. 22
- Paragraph text
- One specific area in which the due diligence principle has been developed and applied to human rights violations is in the area of transnational corporations. In 2008, the Special Representative of the Secretary General on the issue of human rights and transnational corporations and other business enterprises issued a report entitled "Protect, Respect and Remedy: a Framework for Business and Human Rights" (A/HRC/8/5). This Framework is focused on States' "duty to protect" and transnational corporations' "responsibility to respect". The duty to protect is a standard of conduct, not result, meaning that States are expected to take appropriate steps to prevent, investigate, punish and redress abuse by private actors (A/64/216, para. 7). In 2011, the Special Representative presented to the Human Rights Council the Guiding Principles on Business and Human Rights (A/HRC/17/31, annex), which articulate foundational principles that clarify and expand on what is entailed by the State duty to protect and the corporate responsibility to respect. These Guiding Principles were endorsed by the Council in its resolution 17/4, and a Working Group on the issue of human rights and transnational corporations and other business enterprises was established to, inter alia, promote their effective and comprehensive dissemination and implementation. There are four elements to human rights due diligence concerning transnational corporations: (a) identification and assessment of actual or potential adverse human rights impacts; (b) appropriate actions being taken based on information from the assessment; (c) tracking the effectiveness of the response; and (d) effective communication with relevant stakeholders concerning the response. These four elements could serve as a useful assessment tool in the violence against women sphere, whereby States can examine whether their responses are meeting the due diligence standard of responsibility and, more importantly, whether they are also effective in practice.
- 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
- N.A.
- Year
- 2013
- Paragraph type
- Other
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 11
- Paragraph text
- The mandate holder started her tenure on 1 August 2015 and acquired the work carried out by her predecessor on the adequacy of the legal framework on violence against women (A/HRC/26/38, A/69/368 and A/HRC/29/27), in particular, her proposal to “examine the normative gaps within the existing international binding legal frameworks, and address more specifically the legal gaps in protection, prevention and accountability in respect of violence against women”. The current Special Rapporteur presented the report of her predecessor to the General Assembly and decided to continue discussing this question by inviting all stakeholders to send their views and perspectives on the adequacy of the current legal framework 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
- N.A.
- Women
- Year
- 2017
- Paragraph type
- Other
Paragraph
Violence against women: Twenty years of developments to combat violence against women 2014, para. 47
- Paragraph text
- The mandate was renewed in 2003 in Commission on Human Rights resolution 2003/45, in which the Commission urged States to consider the recommendations of the Special Rapporteur when formulating policies and programmes and to integrate a gender perspective into commissions of inquiry and commissions for achieving truth and reconciliation, and invited the Special Rapporteur to report, as appropriate, on those mechanisms. The Commission also encouraged the Special Rapporteur to continue to cooperate with regional intergovernmental organizations.
- 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
- N.A.
- Year
- 2014
- Paragraph type
- Other
Paragraph
Reparations to women who have been subjected to violence 2010, para. 67
- Paragraph text
- In consolidated democracies, Governments are increasingly called upon to examine certain discriminatory practices perpetrated and/or condoned by the State which target certain groups of the population and to study the need for relevant reparations.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Paragraph type
- Other
Paragraph