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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
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. 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
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 38
- Paragraph text
- Adequate and effective complaint and oversight mechanisms are critical sources of protection for at-risk groups that experience abuses in detention. All too often proper safeguards are absent or lacking in independence and impartiality, while fear of reprisals and the stigma associated with reporting sexual violence and other humiliating practices discourage women, girls, and lesbian, gay, bisexual and transgender persons from reporting. In many cases, the vulnerability and isolation of women and girls is compounded by limited access to legal representation, inability to pay fees or bail as a result of poverty, dependence on male relatives for financial support and fewer family visits.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Violence
- Person(s) affected
- Girls
- LGBTQI+
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Integrating a gender perspective in the right to food 2016, para. 15
- Paragraph text
- The reasons behind the failure to women's access to adequate food can arguably be linked to two structural disconnects which exist at the crossroads between Women's Rights and the Right to Food. The first disconnect refers to the failure in international law to fully endow women with their right to food. In the Universal Declaration on Human Rights (UDHR) and the ICESCR, the right to food is accorded to himself and his family. Although the ICESCR General Comment 12 and other documents have underscored the non-discriminatory intention of the right to food, the archaic language of patriarchy taints the UDHR and treaty language. Concurrently the economic and social rights of the ICESCR are generally reviewed in CEDAW, but not the right to food, which is indirectly touched upon only through a call for rural women. In CEDAW, as in the Convention of the Rights of Child (CRC), food access and adequacy for adult women and teenage girls are addressed only on behalf of pregnant and breastfeeding females .
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Gender
- Governance & Rule of Law
- Person(s) affected
- Adolescents
- Girls
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 64
- Paragraph text
- States should take measures to protect the tenure security and promote inheritance rights of women and girls in the case of the death of a spouse, father, brother, son or other male household member so that they are able to continue residing in the family home. States should also take measures to address the vulnerability of women and children to tenure insecurity due to a breakdown of spousal relations, including as a result of domestic violence. Women and children's security of tenure should be prioritized in these circumstances. Many legal systems authorize the victim of domestic violence to stay in the family home, and order the removal of the perpetrator. For example, in Serbia, the Family Law authorizes the courts to issue an order for the removal of the perpetrator of domestic violence from the family home, allowing the victim to remain in the home, regardless of ownership (art. 198 (2)). When remaining in the family home is not feasible, States should ensure victims have access to alternative adequate housing with secure tenure.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Families
- Girls
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 21
- Paragraph text
- The issue of violence against indigenous women and girls has arisen in the context of the Special Rapporteur's country visits, in particular to the United States, and in his examination of specific cases. It was also the subject of the expert seminar convened by Permanent Forum on Indigenous Issues referred to above, in which the Special Rapporteur participated (see para. 6). The expert seminar took as its point of departure article 22 of the United Nations Declaration on the Rights of Indigenous Peoples, under which States are to "take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination".
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 28
- Paragraph text
- Combating violence against indigenous women and girls therefore requires remedying the structural legacies of colonialism and discrimination that indigenous peoples have faced. This includes advancing the range of rights guaranteed for indigenous peoples, most prominently those enshrined in the United Nations Declaration on the Rights of Indigenous Peoples. The Special Rapporteur observes that the standards affirmed in the Declaration share an essentially remedial character, seeking to redress the systemic obstacles and discrimination that indigenous peoples have faced in their enjoyment of basic human rights. From this perspective, it is important to note that the Declaration does not seek to bestow indigenous peoples with a set of special or new human rights, but rather provides a contextualized elaboration of general human rights principles and rights as they relate to the specific historical, cultural and social circumstances of indigenous peoples, including the situation of indigenous women and girls.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Rights of indigenous women and girls 2015, para. 7
- Paragraph text
- All the provisions of the Declaration apply equally to indigenous women and indigenous men. Article 22 (2) specifically provides that States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination. In the outcome document of the high-level plenary meeting of the General Assembly known as the World Conference on Indigenous Peoples, which focused on indigenous women, the participating Heads of State and Government, ministers and representatives of Member States invited the Human Rights Council to consider examining the causes and consequences of violence against indigenous women and girls, in consultation with the Special Rapporteur on violence against women, its causes and consequences, the Special Rapporteur on the rights of indigenous peoples and other special procedures mandate holders.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Girls
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Rights of indigenous women and girls 2015, para. 41
- Paragraph text
- Those trends have a number of implications in relation to the human rights of indigenous women and girls. When looked at through a human rights lens, it is clear that many indigenous women and girls have difficulties with the law because of prior violations of their human rights. Issues associated with disregard for collective and individual indigenous rights - such as abuse of women, mental health problems and poverty - have been identified as causal factors in criminal behaviour among indigenous women. Furthermore, issues relating to indigenous women's access to justice, as discussed below, must be considered within criminal justice.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Health
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Rights of indigenous women and girls 2015, para. 46
- Paragraph text
- The issue of violence against women is indivisibly linked to the categories of rights discussed above. In fact, the endemic violations of collective, civil and political, and economic, social and cultural rights can be seen as constituting a form of structural violence against indigenous women and girls. Structural violence results in women being victimized by the realities of the circumstances of their everyday life and routinely excluded from the rights and resources otherwise guaranteed to citizens. Structural violence is interlinked and mutually reinforcing with other forms of violence, as discussed below.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Violence
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Governance structures for internal displacement 2015, para. 79
- Paragraph text
- A durable solution cannot be said to have been achieved if internally displaced persons cannot enjoy physical safety and security and cannot benefit from the effective protection of national and local authorities, including protection from the threats that triggered the initial displacement or that may cause renewed displacement. It is essential that national and local authorities pay specific attention to the protection of internally displaced persons, maintain monitoring mechanisms to ensure that internally displaced persons are not victims of further violations in their place of return, local integration or resettlement and ensure accountability by receiving complaints and addressing them. The specific protection needs of internally displaced women and girls should be given dedicated attention and it may be useful to appoint trained gender focal points in different sectors of the police and other law enforcement bodies.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Human rights of internally displaced persons in the context of the Post-2015 development agenda 2015, para. 63
- Paragraph text
- As highlighted by the Special Rapporteur in his address to the Security Council as well as in a press statement marking the International Day for the Elimination of Violence Against Women, internally displaced women and girls are often disproportionately affected by displacement. The Special Rapporteur on violence against women, its causes and consequences, Rashida Manjoo, has said: "They flee to escape arbitrary killings, rape, torture, inhuman or degrading treatment, forced recruitment or starvation, but too often, they encounter the same level of insecurity, violence and threats of violence, reinforced by a climate of impunity, at their destination."
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Labour exploitation of migrants 2014, para. 50
- Paragraph text
- Migrant domestic workers, the majority of whom are women and girls, are extremely vulnerable to violence and abuse. ILO Convention 189 on decent work for domestic workers clearly recognizes domestic work as work. However, in many countries, domestic workers are not recognized as "workers", and thus not protected by labour law. As a consequence, they have no labour rights, no annual leave, no established working hours and no minimum salary. They are sometimes also excluded from rights relating to social security laws. Some countries rely on domestic work to be regulated by the work contract only, rather than by law. However, it is difficult for migrant domestic workers to claim their rights when their work is frequently considered informal, and not regulated by law. If the employer has diplomatic immunity, this renders the domestic worker even more vulnerable, due to the possible scope of the employer's immunity from criminal prosecution and civil claims.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Priorities for the work of the Independent Expert and the twentieth anniversary of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities 2012, para. 32
- Paragraph text
- The independent expert emphasizes that the fourth session of the Forum on Minority Issues held in November 2011, was dedicated to "guaranteeing the rights of minority women and girls" (see Section VI below) and produced a series of concrete recommendations to protect the rights of minority girls and women (A/HRC/19/71). The independent expert considers that these recommendations provide an essential resource and tool, produced through an inclusive process involving key stakeholders, including States and minority women themselves. In this regard she will focus attention on activities and initiatives to promote awareness and implementation of these recommendations in every region and seek opportunities to assist States and civil society in their efforts to operationalize the recommendations.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Priorities for the work of the Independent Expert and the twentieth anniversary of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities 2012, para. 81
- Paragraph text
- Two side-events on issues related to the rights of minority women and girls were organized in the margins of the fourth session of the Forum. The first side event on 29 November, organized by OHCHR, focused on empowering minority women to claim their rights within their communities as well as organizational and institutional bodies and mechanisms that can be effective in empowering and building the capacity of minority women. Panellists included Mercedes Barquet (Mexico), member of the Working Group on Discrimination against Women in Law and in Practice; Atieno Junnipher Kere (Kenya), Women In Fishing Industry Programme; Renu Sijapati (Nepal), Feminist Dalit Organization (FEDO); Beata Bislim Olahova (Slovakia), Roma Education Fund; and Leonardo Reales Martinez (Colombia), AFROLATINOS and ECODESARROLLO.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 31
- Paragraph text
- The advanced interconnectedness of the world's economies and markets means that the ramifications of the crises have been far more extensive than any previous comparable economic downturn. Throughout both developing and developed countries, 205 million people are unemployed the highest number of unemployed in history. As a result of the crises, at least 55,000 more children are likely to die each year from 2009 to 2015. The prevalence of children dropping out of school has increased, as boys have been propelled into the workforce and girls given an increased burden of household tasks. By 2009, at least 100 million more people were hungry and undernourished because of the crises, a situation that continues to deteriorate owing to escalating food prices.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Boys
- Children
- Girls
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Vision of the mandate 2014, para. 33
- Paragraph text
- There is also a need for the new global development goals to address structural transformation in relation to the existing global systems of power, decision-making and resource-sharing as a means of achieving women's rights and gender equality in relation to food security. That includes enacting policies that recognize and redistribute the unequal and unfair burdens of women and girls in sustaining societal well-being and economies, which are intensified in times of economic and ecological crises.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Gender
- Governance & Rule of Law
- Person(s) affected
- Girls
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Information and communication technologies and the sale and sexual exploitation of children 2015, para. 10
- Paragraph text
- The Special Rapporteur will adopt a child-centred approach in the implementation of her mandate. All activities will be developed incorporating the principles and rights enshrined in the Convention on the Rights of the Child. Children will be treated as rights holders, and not as passive recipients, victims or dependants. The Special Rapporteur will use child participation mechanisms to establish a direct relationship with children to take into account their suggestions in an effective and meaningful way. She will integrate a gender perspective into her work, taking into account the different needs and opportunities of boys and girls through, inter alia, the collection and analysis of disaggregated data and the proposal of gender-specific recommendations.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Boys
- Children
- Girls
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Information and communication technologies and the sale and sexual exploitation of children 2015, para. 48
- Paragraph text
- Helplines are invaluable in detecting and reporting abuse but also helping meet the right of the child to be heard and express his or her concerns. Child Helpline International is a global network of 179 child helplines in 143 countries covering all regions of the world. It is contacted approximately 14 million times by children each year. Europe accounted for most calls, which reflects knowledge of the helplines, the ability of children to easily access technology and the readiness of society to discuss those issues publicly. The Childline service developed by Childline India Foundation is another good example of child helplines. Globally, most calls came from girls, which shows that girls are more likely to be victims of exploitation.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Girls
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Manifestations and causes of domestic servitude 2010, para. 74
- Paragraph text
- States have to criminalize all forms of slavery and servitude, investigate and prosecute the perpetrators with due diligence and assign penalties that fit the severity of the crime. Nevertheless, many countries still lack specific criminal provisions on slavery and servitude and therefore have to rely on prosecuting some of the individual acts involved, which often does not capture the severity of the crime. The European Court of Human Rights was confronted with this problem in the landmark case of Siliadin v. France, concerning a Togolese girl who was subjected to domestic servitude. Given that France, at the time, did not have specific criminal provisions on slavery and servitude that would have afforded the victim specific and effective protection, the Court found a violation of the right not to be subjected to servitude. Furthermore, States often fail to prosecute crimes accompanying domestic servitude, such as forced confinement or assault.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 31
- Paragraph text
- Article 21 (2) of the African Charter on the Rights and Welfare of the Child states that child marriage and the betrothal of girls and boys are to be prohibited and effective action, including legislation, is to be taken to specify the minimum age of marriage to be 18 years. Article 6 of the 2003 Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa states that no marriage is to take place without the free and full consent of both parties, and requires States to enact appropriate national legislative measures to guarantee that the minimum age of marriage for women is to be 18 years.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- Boys
- Children
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 92
- Paragraph text
- In some cases, although laws may be in place to protect women and girls from servile marriage, the authorities fail to prosecute the perpetrators. Consequently, victims do not seek help from the police or judiciary as they fear further abuse from Government authorities or being forcibly returned to their husbands. According to a 2008 report by the United Nations Development Fund for Women, between 70 and 80 per cent of Afghan marriages are forced, and 57 per cent are child marriages where one of the spouses is under the age of 16 years. In 2009, Afghanistan enacted legislation on the elimination of violence against women, in order to criminalize servile marriage and ensure that perpetrators were brought to justice. The law does not, however, address how authorities should treat a woman who runs away to escape the offences criminalized under the law. Consequently, girls and women who flee servile marriage are arrested and often convicted of intent to have sex outside marriage.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 62
- Paragraph text
- Domestic violence, in particular against women and children, is a widespread practice in most countries, and not enough action is taken by States to protect women and children against ill-treatment by their husbands, partners or parents. Although female genital mutilation inflicts most severe pain and long-term suffering on girls, it continues to be practised in too many African and other countries without adequate laws prohibiting it and without law enforcement bodies implementing existing laws. Trafficking in human beings, notably women and girls, is one of the most widespread and lucrative activities of organized crime. Most Governments seem to be more interested in returning victims of trafficking to their countries of origin than providing protection and reparation for them. By not acting with due diligence to protect victims of domestic violence, trafficking, female genital mutilation and similar practices, States may commit torture or cruel, inhuman or degrading treatment or punishment by acquiescence.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 20
- Paragraph text
- The present report does not focus on the prosecution of traffickers as a method of prevention, although the Special Rapporteur acknowledges that it is an integral element of the fight against trafficking and may play an important role in preventing trafficking through deterrence. There are, however, increasing reports that the overzealous focus on prosecution and law enforcement may adversely affect the human rights of trafficked persons, as observed in some States where trafficking is addressed through the criminalization or prohibition of prostitution. For instance, as a result of the law prohibiting the recruitment of persons for the purpose of prostitution, women and girls who have been trafficked for the purpose of commercial sexual exploitation are often arrested and charged with soliciting prostitution. One non-governmental organization documented several cases in the United States of America where victims of "domestic minor sex trafficking" were arrested by law enforcement officers, prosecuted, criminalized and revictimized by the justice system. In one of the cases, police in Las Vegas arrested a 12-year-old girl who had been picked up by a man in a truck for sexual services, while the police failed to locate and arrest the man. It must also be acknowledged that there is a limit to the deterrent effects of prosecution, owing to the complex nature of the crime, which makes it difficult to successfully prosecute and convict traffickers. For those reasons, the law enforcement approach should not be exclusively relied upon as a prevention method. In the view of the Special Rapporteur, measures to prevent trafficking will not be effective or sustainable unless the underlying social, economic and political factors that create an environment conducive to trafficking are addressed. Through this lens, the report sheds light on prevention measures to address the powerful and complex factors, along a supply/demand continuum, that increase vulnerability to trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Due diligence and trafficking in persons 2015, para. 33
- Paragraph text
- Human rights due diligence also requires that investigations and prosecution adopt gender-specific measures that take into account the different assistance and protection needs of women and men, girls and boys and overcome discriminatory barriers to accessing remedies, such as by preventing the introduction of discriminatory evidence in proceedings to determine the victim's right to redress and ensuring that complaint mechanisms and investigations into trafficking in persons incorporate specific positive measures that enable victims to come forward to seek and obtain redress. States should also address other barriers that victims of trafficking in persons often face, including diplomatic immunity when domestic workers are in diplomatic households. Some countries, such as Switzerland and Belgium, have established a specific mediation mechanism to resolve labour conflicts arising between domestic workers and persons enjoying diplomatic privileges and immunities. Trafficked persons, as well as their families and relevant witnesses, should be protected against unlawful interference with their privacy and safety before, during and after relevant proceedings.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Boys
- Girls
- Men
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 51
- Paragraph text
- Finally, the Special Rapporteur will be guided by the best interests of the child in all actions concerning trafficked girls and boys, whether undertaken by public or private institutions, courts of law, administrative authorities or legislative bodies. She expects to look into existing identification, protection and assistance gaps in relation to children who have been trafficked for various purposes, with the aim of providing insights on issues such as the procedures for determining the best interests of the children, access to justice, provision of unconditional assistance and effective remedies including compensation for such children.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Reparations to women who have been subjected to violence 2010, para. 29
- Paragraph text
- The importance of women's participation in reparations discussions and processes cannot be overestimated. Without the participation of women and girls from different contexts, initiatives are more likely to reflect men's experience of violence and their concerns, priorities and needs regarding redress. Additionally, without such participation, an opportunity is missed for victims to gain a sense of agency that may in itself be an important form of rehabilitation, especially when victims come to perceive themselves as actors of social change. Finally, such participation is important for women and society in general to draw the links between past and present forms of violence and seize the opportunity provided by reparations discussions to press for more structural reforms.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Men
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Reparations to women who have been subjected to violence 2010, para. 32
- Paragraph text
- Women-centred processes of reparations require participation of women in the process of shaping, implementing, monitoring and evaluating reparations programmes; design of a reparations procedure that renders it accessible to all women and girls; investigation of facts to determine whether certain violations of rights have taken place and making sure that those violations that target women and girls have been duly included; determination of harms, including those which are gender-specific or have a differential impact on women and girls; identification of responsibility for the violation, including by omission, and by those perpetrators that target women and girls; and determination of measures of redress aimed at returning the victim to where she was before the violation took place, except for when those measures may in themselves be discriminatory or fail to address the structural roots underlying the violence.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 16
- Paragraph text
- The 1993 World Conference on Human Rights adopted the Vienna Declaration and Programme of Action that recognized that "the human rights of women and of the girl child are an inalienable, integral and indivisible part of universal human rights". The World Conference called upon the General Assembly to adopt the draft declaration on violence against women and urged States to combat violence against women in accordance with its provisions. In 1993, the General Assembly adopted the Declaration on the Elimination of Violence against Women, which provides a more comprehensive framework on violence against women in terms of definition, scope, obligations of the State, and the role of the United Nations. Pursuant to a decision of the Commission on Human Rights the same year in which it considered the appointment of a special rapporteur on violence against women, the mandate was established by resolution 1994/45 on the integration of the rights of women into the human rights mechanisms of the United Nations and the elimination of violence against women.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph