Search Tips
sorted by
10 shown of 10 entities
Compendium of good practices in the elimination of discrimination against women 2017, para. 67
- Paragraph text
- In 2011, a social worker who founded a local shelter for girl survivors of sexual violence and an international human rights lawyer initiated a coalition with local, regional and international civil society organizations, feminist lawyers and the national human rights commission to file a case seeking to hold the police accountable for failure to address rampant sexual violence against girls. The 160 Girls case was brought to the High Court in 2012. With the support of the shelter, 11 applicants were chosen from more than 160 victims of child rape who had been denied access to justice. The remaining victims were represented by the twelfth applicant, which was the rape shelter itself. It was the first case brought to the High Court under the equality provisions laid out in the 2010 Constitution. The decision was instrumental in establishing the failure of the police to meet national and international standards to conduct prompt, effective, proper and professional investigations into complaints, thereby preventing access to justice. With the use of relevant international human rights instruments and progressive interpretation of constitutional rights and State obligation, the jurisprudence was precedent-setting. The seminal contribution of the decision lay in establishing the rights of the child and the delineation of the scope of State obligation in protecting children from violence, and the duty to investigate and apply existing rape laws.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Girls
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 65
- Paragraph text
- The obligation of the State to protect women and girls' right to equality in the family compels the authorities to prevent discrimination by private actors. Due diligence as a principle of State action should result in a global model of prevention, protection, prosecution, punishment and redress for acts of discrimination and violence against women in cultural and family life.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 88
- Paragraph text
- The active involvement of internally displaced women and civil society organizations was essential throughout the process. Displaced women brought hundreds of tutelas before tribunals to demand their rights and participated in public hearings convened by the Constitutional Court or civil society organizations sharing their experiences and perspectives. The Court’s decisions were informed by formal submissions by such organizations, presenting experiences of women and girls forcibly displaced around the country.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 32
- Paragraph text
- The Human Rights Council, however, in its resolution 26/11 on the protection of the family, did not reaffirm the right of women to equality in the family. In October 2014, the special procedures mandate holders issued a statement calling on the Council to ensure that the right to equality between women and men, and girls and boys, was included in all future resolutions concerning the family.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Boys
- Families
- Girls
- Men
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 69
- Paragraph text
- What makes this case study a uniquely good practice is that, rather than ending with a court decision, the coalition of organizations involved continued to work together to expand that decision into a comprehensive movement for change. The 160 Girls Project developed as a result of the case centres on training and education programmes involving police, shelters, social workers and community members to ensure a multi-level long-term impact. A rape investigation training programme for police was developed that included a peer-to-peer train-the-trainers element with international police officers and ongoing training from equality lawyers and the national human rights commission. Research has shown positive impacts, including documented attitudinal changes and increased professionalism in the handling of child rape cases. Furthermore, training programmes have been developed for shelter workers on documenting sexual violence cases and the rights of victims.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Girls
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 68
- Paragraph text
- In its decision, the Court recognized that the girls’ constitutional rights had been violated and that the police had failed to act with due diligence as agents of the State. The police force was ordered to implement article 244 of the Constitution, requiring them to train staff to the highest possible standards of competence and integrity and to respect human rights and fundamental freedoms and dignity. Police officers were ordered to investigate the perpetrators of the 11 applicants and to ensure effective investigations in all child rape claims. As at early 2016, 80 per cent of such cases had resulted in convictions, while others were pending before courts and additional investigations had been initiated. The judgment has been referenced in other cases, including an important class action suit by victims of post-election violence, and the high courts have issued further progressive decisions on related grounds.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Girls
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 66
- Paragraph text
- The following case study from the African region elucidates the myriad factors required to develop and maintain a good practice in addressing violence against girls, as well as the attendant impacts on the right to health, safety and access to justice, among others. The background to the case begins with a constitutional reform process undertaken with high levels of public engagement, resulting in 2010 in a robust new constitution that included strong equality provisions, the incorporation of international and regional human rights treaties and the creation of an ameliorating environment for public interest litigation.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Violence
- Person(s) affected
- Girls
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 38
- Paragraph text
- National constitutions are generally the supreme law in most States and form the foundation of the State's institutional and legal structures. They also provide the framework for the elimination of discrimination against women. An explicit constitutional guarantee of gender equality is fundamental to combating discrimination against women and girls in law and in practice. Many countries have already recognized and enshrined this principle of equality in their constitutional laws, and it is essential that it apply in all areas of law, including family law.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 19
- Paragraph text
- In many contexts, States fail to establish and enforce a clear legal hierarchy based on the guarantees of equality and non-discrimination set forth in international human rights law and national legislation, thus helping to maintain patriarchal modes of organization and behaviours. Even when the law is independent of any religious source, it may be strongly influenced by culture, deriving from dominant ideologies linked to religion, traditional attitudes and social norms. Some States adopt national laws and regulations that restrict the rights, power and mobility of women on the basis of essentialist points of view belonging to a particular culture or religion. Conservative religious extremist movements impose strict modesty codes in order to subjugate women and girls in the name of religion, particularly in situations of political transition or conflict. For example, some branches of Islam have reintroduced forced and/or early marriage and some branches of Christianity prevent women from having access to therapeutic abortion. Religious extremism limits women's rights, including their right to health and economic activity, and they are generally subject to harsh sanctions for crimes committed against the patriarchy, such as adultery. At the international level, many States justify their reservations to articles of several human rights conventions, including the Convention on the Elimination of All Forms of Discrimination against Women, in the name of preserving their cultures and religions. Human Rights Council resolutions 16/3 on promoting human rights and fundamental freedoms through a better understanding of traditional values of humankind and 26/11 on the protection of the family threaten to undermine international achievements in the field of human rights in the name of cultural and religious diversity.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Health
- Social & Cultural Rights
- Person(s) affected
- Girls
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 8
- Paragraph text
- The legal rights of women and girls to equality and non-discrimination in cultural and family life, established in 1948 by the Universal Declaration of Human Rights and by international human rights law, are often restricted in national laws and in practice, including in cultural practice. The Working Group emphasizes that, in accordance with international human rights law, States have an obligation to adopt appropriate measures with a view to eliminating all forms of discrimination against women and girls in laws, cultural practices and the family, whether perpetrated by State agents or private actors.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
10 shown of 10 entities