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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
Adequacy of the international legal framework on violence against women 2017, para. 23
- Paragraph text
- Following her call for inputs, the Special Rapporteur received 291 submissions from civil society. The large number of responses received from civil society organizations highlights the remarkable engagement of civil society on this issue, with a variety of perspectives and particular concerns pointed out by some respondents.
- 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
- 2017
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
Adequacy of the international legal framework on violence against women 2017, para. 26
- Paragraph text
- Civil society organizations also expressed concern at the weaknesses of the current legal framework, the “added value” of a new treaty, practical issues that should be emphasized in a new treaty, sensitive issues relating to its negotiation and, finally, practical options for improving the implementation of the prohibition of gender-based violence which would not necessarily involve negotiating a new treaty.
- 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
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 36
- Paragraph text
- Civil society organizations noted that regional mechanisms were frequently adopted with the purpose of addressing the incorporation gap between international and national norms and were often aimed at supplementing international provisions with a specificity that reflected the regional context. Yet, some organizations reported that such a noble objective had not always materialized.
- 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
Adequacy of the international legal framework on violence against women 2017, para. 39
- Paragraph text
- Finally, civil society organizations stressed that the majority of efforts and resources should be on incorporating and implementing international law and standards and be focused on domestic strategies, in particular on measures to strengthen the capacity of national institutions and national human rights institutions.
- 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
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 41
- Paragraph text
- A comparatively large majority of the civil society organization interventions expressed support for a new treaty. Yet, only a few provided detailed arguments in support of such a treaty. In fact, less than 50 per cent provided exhaustive reasons.
- 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
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
Adequacy of the international legal framework on violence against women 2017, para. 78
- Paragraph text
- General recommendation No. 35 reiterates and complements the scope of general recommendation No. 19 by not only recalling the standards expressed in the jurisprudence of women’s rights mechanisms and the recommendations of the Committee within the past 25 years, but also expanding the range of issues explicitly addressed in the Committee’s recommendations.
- 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.
- Women
- Year
- 2017
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
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
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
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. 8
- Paragraph text
- In subsequent resolutions, the Human Rights Council has called on the United Nations High Commissioner for Human Rights to convene workshops for the exchange of views on good practices; discuss the added value of and challenges for regional arrangements; and enhance cooperation between international and regional mechanisms, including through the establishment of focal points in the United Nations and regional human rights mechanisms, among others. Reports of the Office of the United Nations High Commissioner for Human Rights (A/HRC/15/56 and Corr.1), the High Commissioner (A/HRC/23/18 and A/HRC/28/31) and the Secretary-General (A/65/369) highlight a range of issues, including: the continued relevance of international standards for legislation and policies in the different regions; the creation of synergies among the international and regional mechanisms, including in the promotion of and follow-up to the recommendations of each system; and discussions on how to close the human rights protection gaps that currently exist.
- 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
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. 9
- Paragraph text
- The Organization of African Unity (OAU), which was replaced by the African Union in 2002, was created in 1963. The charter creating OAU made no reference to human rights, as 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
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. 21
- Paragraph text
- The absence of a judicial enforcement mechanism within the African human rights system led to over four decades of civil society advocacy. The creation of the African Court of Justice and Human Rights was provided for by the Protocol on the Statute of the African Court of Justice and Human Rights, and entails merging the African Court of Justice and the African Court on Human and Peoples' Rights. The preamble of the Protocol indicates that the objective of the Court is to secure the rights contained in the African Charter on Human and Peoples' Rights, the African Charter on the Rights and Welfare of the Child, the Protocol on the Rights of Women in Africa and any other legal instrument relevant to human rights that States have ratified. Thus the Protocol significantly expands the mandate of the Court beyond instruments found in the African human rights system. Unfortunately, only five States have ratified this Protocol, which requires 15 ratifications before the Court can come into existence. In the interim, the African Court on Human and Peoples' Rights, which was established in 1998, continues to hear cases.
- 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
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. 22
- Paragraph text
- Article 45 of the African Charter on Human and People's Rights indirectly allows for the appointment of special rapporteurs, and rule 23 of the rules of procedure of the African Commission on Human and Peoples' Rights explicitly provides for the creation by the Commission of subsidiary mechanisms such as special rapporteurs. The mandate of the Special Rapporteur on Rights of Women in Africa was created in 1996 and the first mandate holder was appointed in 1999, from within the ranks of the Commission members. The office of the Special Rapporteur has faced serious challenges, since it does not receive an adequate budget from the Commission or support from the secretariat. Despite the challenges, the Special Rapporteur has carried out promotional visits to numerous countries, and the issue of violence against women is an area of focus.
- 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
- 2015
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. 26
- Paragraph text
- The role of national-level NGOs in submitting shadow reports is underused in the African human rights system. Few Africa-based women's rights NGOs are submitting such reports to the Commission. Possible explanations include the fact that the NGOs are more familiar with the United Nations system, as compared to the African system, or that they have not seen the impact of the work of the Commission, and therefore do not consider it an effective mechanism.
- 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.
- Women
- Year
- 2015
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
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
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. 38
- Paragraph text
- The Committee of the Parties may adopt, on the basis of the conclusions of Group of Experts, recommendations on the measures to be taken by the State party concerned. In accordance with the Convention, Group of Experts may also adopt general recommendations that are not country specific. These interpretative recommendations will not be legally binding, but can provide guidance on a clearer understanding and more effective 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
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
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
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. 42
- Paragraph text
- The European Court of Human Rights was constituted in 1959. The judgements of the Court are transmitted to the Committee of Ministers, which is responsible for the supervision of their execution. The Court has stated that its role in promoting and protecting human rights is subsidiary and supervisory, as the main responsibility to protect human rights lies with the contracting States. Its decisions generally reflect the view that the Convention should be interpreted in a dynamic manner that takes into consideration commonly accepted standards in national laws of European States. In the absence of a European consensus, the national law is reflected through the application of a margin of appreciation doctrine, which allows for a measure of discretion in legislative, administrative or judicial action taken by States, thereby accommodating variations in State practices. This may result in the Court refraining from interpretative rulings that are too strict, in the light of the absence of moral and/or legal consensus across member States. The doctrine has been criticized for undermining the universal nature of human rights and introducing an unwarranted level of flexibility into the Convention. Proponents, on the other hand, hold that the doctrine recognizes the reality of the existence of differences in cultural and political standards in European States.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2015
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. 52
- Paragraph text
- A mechanism was established in 2004 to follow up on the implementation of the Convention of Belém do Pará and address concerns related to non-compliance. It consists of two components: the Conference of States Parties and the Committee of Experts. The mechanism is mandated to provide for the institutionalization of the political intent of the States, to provide a consensus-based and independent system for the evaluation of progress in implementing the Convention, to promote the implementation of the Convention, and to establish a system of technical cooperation among the States parties. The follow-up process comprises multilateral evaluation and follow-up rounds. During the multilateral evaluation round, the Committee of Experts analyses the implementation of the Convention, issues recommendations based on questionnaires completed by the States parties and prepares a hemispheric report. During the follow-up round, the Committee distributes an additional questionnaire to the States parties on the implementation of its specific recommendations. To date 56 country reports, one follow-up report and two hemispheric reports have been published.
- 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
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 22
- Paragraph text
- Through thematic reports, country missions, consultations, experts meetings, communications to Governments, and other mechanisms, the mandate of the Special Rapporteur has addressed violence against women in all spheres of life, specifically in the four spheres referred to above.
- 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
- 2011
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 52
- Paragraph text
- This mandate has also stressed that the ratification without reservations to all relevant human rights instruments, their incorporation into the domestic legal, judicial and administrative order, and the adoption of measures for their implementation are prerequisites for State's compliance with the due diligence standard.
- 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
- 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. 6
- Paragraph text
- Both the General Assembly and the Human Rights Council have adopted resolutions on the broad theme "Regional arrangements for the promotion and protection of human rights". In paragraph 5 (h) of its resolution 60/251 of 15 March 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
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. 7
- Paragraph text
- In subsequent resolutions, the Human Rights Council has called upon the United Nations High Commissioner for Human Rights to convene workshops for the exchange of views on good practices; discuss the added value of and challenges for regional arrangements; and enhance cooperation between international and regional mechanisms, including through the establishment of focal points in the United Nations and regional human rights mechanisms, among others. Reports of the Office of the United Nations High Commissioner for Human Rights (A/HRC/15/56 and Corr.1), the High Commissioner (A/HRC/23/18 and A/HRC/28/31) and the Secretary-General (A/65/369) highlight a range of issues, including the continued relevance of international standards for legislation and policies in the various regions; the creation of synergies among the international and regional mechanisms, including in the promotion of and follow-up to the recommendations of each system; and discussions on how to close the human rights protection gaps that currently exist.
- 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
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
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. 20
- Paragraph text
- The absence of a judicial enforcement mechanism within the African human rights system led to over four decades of civil society advocacy. The creation of the African Court of Justice and Human Rights was provided for by the Protocol on the Statute of the African Court of Justice and Human Rights, and entails merging the African Court of Justice and the African Court on Human and Peoples' Rights. The preamble of the Protocol indicates that the objective of the Court is to secure the rights contained in the African Charter on Human and Peoples' Rights, the African Charter on the Rights and Welfare of the Child, the Protocol on the Rights of Women in Africa and any other legal instrument relevant to human rights that States have ratified. Thus, the Protocol significantly expands the mandate of the Court beyond instruments found in the African human rights system. Unfortunately, only five States have ratified this Protocol, which requires 15 ratifications before the Court can come into existence. In the interim, the African Court on Human and Peoples' Rights, which was established in 1998, continues to hear cases.
- 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