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Adequacy of the international legal framework on violence against women 2017, para. 84
- Paragraph text
- The submissions received from civil society organizations on the adequacy of the existing legal framework represent a great diversity of responses. These views, together with those of the Committee on the Elimination of Discrimination against Women and regional mechanisms, have been an extremely enriching contribution to the debate on the adequacy of the legal framework on violence against women. Almost all submissions emphasized the role of the Convention on the Elimination of All Forms of Discrimination against Women as a dynamic, living instrument that encompasses violence against women as a form of discrimination against women and the progressive interpretation of the Convention through the adoption of successive general recommendations on violence against women by the Committee, as well as other related subjects, such as the core obligations on States to implement the Convention, access to justice (general recommendation No. 33 (2015) on women’s access to justice) and the rights of women and girls in conflict and post-conflict situations (general recommendation No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations), along with all the other general recommendations. A significant number of submissions pointed out that the lack of a specific global treaty on gender-based violence against women had important symbolic value and further indicated that a new treaty could have an important role in galvanizing implementation at the State level. That symbolic value and potential to act as a catalyst for change was particularly compelling in the broader Asia-Pacific and Middle East regions, which were the only ones that did not have a specific regional treaty on violence against women.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 86
- Paragraph text
- The Special Rapporteur highlights that, apart from the Committee, a variety of international and regional human rights bodies and independent experts are working on the issue of violence against women. These bodies have all developed a rich jurisprudence, general comments and recommendations relating to the right of women and girls not to be subjected to violence, which in certain circumstances may amount to torture or cruel, inhuman or degrading treatment, denial of the right to health and other human rights. There are regional treaties and treaty bodies looking specifically at gender-based violence in Africa, the Americas and Europe. There are also independent experts in Africa and the Americas. However, these instruments need more incorporation and implementation, including through sustained funding of expert monitoring mechanisms to carry out their work, to facilitate coordination and to share best practices, information and insights. This urgency to support existing good work is even more compelling given the high priority dedicated to the eradication of violence against women in the Sustainable Development Goals.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 91
- Paragraph text
- The Special Rapporteur supports the interpretation of violence against women as a form of discrimination against women and girls and a human rights violation. Therefore, the option of creating a separate treaty would expose the existing legal framework under the Convention on violence against women to the risk of isolating provisions aimed at addressing gender-based violence against women from the structural causes of discrimination 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
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 96f
- Paragraph text
- [The Special Rapporteur makes the following specific recommendations:] States should repeal all provisions and procedures that are discriminatory against women and girls, and that thereby facilitate and allow for the toleration of any form of gender-based violence against them, including legislation justifying harmful practices against women, but also abrogate or modify those gender-neutral laws and policies which may prevent women and girls from fully enjoying their human rights in both the private and public spheres;
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2017
Paragraph
Closing the gap in international human rights law: lessons from three regional human rights systems on legal standards and practices regarding violence against women 2015, para. 63
- Paragraph text
- The limitations of the international system, including the lack of a legally binding specific instrument on violence against women, serves to weaken the aspiration of the Human Rights Council that regional arrangements should reinforce universal human rights standards, as contained in international human rights instruments (see Council resolution 12/15). The current norms and standards within the United Nations system emanate from soft law developments and are of persuasive value, but are not legally binding. The normative gap under international human rights law raises crucial questions about the State responsibility to act with due diligence and the responsibility of the State as the ultimate duty bearer to protect women and girls from violence, its causes and consequences. In her 2014 reports to the Human Rights Council (A/HRC/26/38) and to the General Assembly (A/69/368), the Special Rapporteur recommended that the international community 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. Given the systemic, widespread and pervasive nature of this human rights violation, which is experienced largely by women because they are women, a different set of normative and practical measures to respond to, prevent and ultimately eliminate such violence is crucial.
- 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
- 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. 64
- Paragraph text
- The concerns raised more than 20 years ago, prior to the development and adoption of the Declaration on the Elimination of Violence against Women, and highlighted by the mandate of the Special Rapporteur over the past 20 years, reinforce the view that it is time to consider the development and adoption of a United Nations binding international instrument on violence against women and girls, with its own dedicated monitoring body. Such an instrument should ensure that States are held accountable to standards that are legally binding, it should provide a clear normative framework for the protection of women and girls globally and should have a specific monitoring body to substantively provide in-depth analysis of both general and country-level developments. With a legally binding instrument, a protective, preventive and educative framework could be established to reaffirm the commitment of the international community to its articulation that women's rights are human rights, and that violence against women is a human rights violation, in and of itself.
- 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
- 2015
Paragraph
Comprehensive, rights-based and child-centred care, recovery and reintegration programmes 2015, para. 88c
- Paragraph text
- [The Special Rapporteur invites all States:] To conduct research on the effects of sexual exploitation and related sale and trafficking on girls, boys and transgender child victims as well as on the effects of sexual exploitation facilitated by information and communication technologies to inform specialized care, recovery and reintegration programmes;
- 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)
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- Year
- 2015
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 86
- Paragraph text
- A one-size-fits-all programmatic approach is insufficient for combating gender-based violence. Violence results from a complex interplay of individual, family, community and social factors - and, even though all women are at risk for violence in every society in the world, not all women are equally vulnerable to acts and structures of violence. A holistic approach for the elimination of all forms of violence against all women requires addressing systematic discrimination and marginalization through the adoption of measures that address inequality and discrimination among women, and between women and men. The United Nations human rights treaties, declarations and mechanisms provide the institutional framework within which Governments, non-State actors, and local activists can promote a holistic response to identifying, preventing, and ultimately ending, all forms of violence against women. The fight for the human rights of women remains a collective endeavour in which we should jointly take action to ensure their full enjoyment by every woman and girl worldwide.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Girls
- Men
- Women
- Year
- 2011
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73c (vi)
- Paragraph text
- [The Working Group recommends that States:] Guarantee women's de jure and de facto right to equality in family diversity: Prohibit and punish domestic violence, including incest and marital rape, and provide measures to protect women and girls who are victims of such violence, such as protection orders and shelters;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Families
- Girls
- Women
- 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. 66
- Paragraph text
- The concerns raised more than 20 years ago and further highlighted by the Special Rapporteur in her reports reinforce the view that it is time to consider the development and adoption of a binding international instrument on violence against women and girls. Such an instrument should ensure that States are held accountable to standards that are legally binding, provide a clear normative framework for the protection of women and girls globally and have a specific monitoring body to substantively provide in-depth analysis of both general and country-level developments. With a legally binding instrument, a protective, preventive and educative framework could be established to reaffirm the commitment of the international community to its articulation that women's rights are human rights and that violence against women is a human rights violation in and of itself.
- 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
- 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. 67
- Paragraph text
- Closing the normative gap requires the international legalization of women's right to be free of all forms of violence, whether public or private. An international human rights law that explicitly articulates legal obligations in the protection of dignity, freedom, safety, security and equality rights for women will result in legal obligations, thereby providing for international scrutiny and accountability through a dedicated monitoring body. This will lead to positive consequences in domestic human rights practices in respect of protection, prevention and accountability for all manifestations of violence against women and girls.
- 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
- 2015
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 68
- Paragraph text
- States have a heightened obligation to prevent and combat gender-based violence and discrimination against women, girls, and lesbian, gay, bisexual, transgender and intersex persons that amount to torture and ill-treatment, committed in a variety of contexts by both State and actors. In assessing the level of pain and suffering experienced by victims of gender-based violence, States must examine the totality of the circumstances, including the victim's social status; extant discriminatory legal, normative and institutional frameworks that reinforce gender stereotypes and exacerbate harm; and the long-term impact on victims' physical and psychological well-being, enjoyment of other human rights and their ability to pursue life goals. The provision of comprehensive reparations, including monetary compensation, rehabilitation, satisfaction and guarantees of non-repetition, is essential and must be accompanied by diverse measures and reforms designed to combat inequality and legal, structural and socioeconomic conditions that perpetuate gender-based discrimination. Urgent interim reparations designed to respond to the immediate needs of victims of gender-based violence, including rehabilitation and access to physical and mental health care, should also be provided where necessary.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Girls
- LGBTQI+
- Women
- Year
- 2016
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70v
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Ensure the physical and mental integrity of detainees at all times and prevent, investigate, prosecute and punish all acts of violence, harassment and abuse by staff members or other prisoners, at all times;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Gender
- Violence
- Person(s) affected
- Girls
- LGBTQI+
- Women
- Year
- 2016
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 73a
- Paragraph text
- [With regard to domestic and private-actor violence against women, girls, and lesbian, gay, bisexual, transgender and intersex persons, the Special Rapporteur calls upon States to:] Repeal or reform civil laws that restrict women's access to divorce, property and inheritance rights and that subjugate women and limit their ability to escape situations of domestic and other gender-based violence;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Girls
- LGBTQI+
- Women
- Year
- 2016
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 73b
- Paragraph text
- [With regard to domestic and private-actor violence against women, girls, and lesbian, gay, bisexual, transgender and intersex persons, the Special Rapporteur calls upon States to:] Dismantle legal and practical barriers to initiating legal proceedings and reform judicial systems and procedures to permit women to obtain protective measures, including, inter alia, restraining and protective orders, witness protection programmes and other measures designed to combat harassment and retaliation;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Girls
- LGBTQI+
- Women
- Year
- 2016
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 73c
- Paragraph text
- [With regard to domestic and private-actor violence against women, girls, and lesbian, gay, bisexual, transgender and intersex persons, the Special Rapporteur calls upon States to:] Provide community support programmes and services, including shelters, to victims and their dependents;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Girls
- LGBTQI+
- Women
- Year
- 2016
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 73d
- Paragraph text
- [With regard to domestic and private-actor violence against women, girls, and lesbian, gay, bisexual, transgender and intersex persons, the Special Rapporteur calls upon States to:] Enact legislation that prohibits discrimination by public actors and private parties, including hate crime laws that sanction homophobic and transphobic violence; ensure that appropriate laws apply to all persons equally, regardless of real or perceived sexual orientation and gender identity; and implement effective complaint and enforcement procedures and systems for quantifying prohibited acts.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Girls
- LGBTQI+
- Women
- Year
- 2016
Paragraph
Manifestations and causes of domestic servitude 2010, para. 92
- Paragraph text
- Although the victims are largely invisible, domestic servitude constitutes a global human rights concern. Every region in the world is affected. Domestic servitude takes many shape and forms, ranging from slavery as understood by the 1926 Slavery Convention to slavery-like practices, such as bonded domestic labour and child domestic labour. Millions of women and girls, pursuing the opportunities that domestic work provides, while providing a valuable contribution to society, are at risk because their rights, equal human dignity and autonomy are not adequately protected.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2010
Paragraph
Modalities for the establishment of femicides/gender-related killings watch 2016, para. 81
- Paragraph text
- The Special Rapporteur also recalls General Assembly resolutions 68/191 and 70/176 on taking action against gender-related killing of women and girls. In the latter resolution, the Assembly encouraged Member States to collect, disaggregate, analyse and report data on the gender-related killing of women and girls and to ensure that appropriate punishments for perpetrators of the gender-related killing of women and girls are in place and are proportionate to the gravity of the offence.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2016
Paragraph
Modalities for the establishment of femicides/gender-related killings watch 2016, para. 83f
- Paragraph text
- [The Special Rapporteur recommends the following modalities for the establishment of a national femicide watch and/or observatories on violence against women:] The mandate of femicide watch panels or observatories on violence against women would include systematic analyses of all cases of femicide, including court cases, with the aim of determining gaps in the response system to such violence, the criminal justice system and judicial procedures and of establishing risk factors to prevent such violence and to protect women and girls from femicide;
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2016
Paragraph
Reparations to women who have been subjected to violence 2010, para. 84
- Paragraph text
- The limits of ordinary and extraordinary judicial proceedings to achieve the full and comprehensive realization of women's right to reparations are also examined in the report. Against this backdrop, it is argued that gender-responsive administrative reparations schemes can obviate some of the difficulties and costs associated with litigation. The administrative arena also enables a more proactive approach to the involvement of a larger group of people, including victims, at all levels - from conceptualization of reparation schemes, to reaching victims, to understanding the structural component of the violations - including the share of State responsibility by either action or omission, and the gender-specific impact of the violence on women's and girls' lives.
- 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
- 2010
Paragraph
Rights of indigenous women and girls 2015, para. 73
- Paragraph text
- Indigenous women and girls experience complex, multidimensional and mutually reinforcing human rights violations. Abuses of indigenous women's collective; economic, social and cultural; and civil and political rights are varied and severe. Those violations are alarming infractions on their own, but constitute a form of structural violence against indigenous women whereby they are victimized by the realities of the circumstances of their everyday life and routinely excluded from enjoying the rights and resources otherwise guaranteed to citizens. Indigenous women also suffer from other forms of violence, including traditional practices, sexual violence, trafficking, domestic violence and gender-based killings.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Violence
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 79a
- Paragraph text
- [Recommendations to Member States] [With regard to violence against indigenous women and girls, Member States should:] As recommended by the Special Rapporteur on violence against women, its causes and consequences in her 2011 report (A/HRC/17/26), develop a holistic approach to violence against women, based on the indivisibility and universality of all human rights, which recognizes the multiple interconnections between different forms of violence against women, its causes and consequences, and addresses multiple and intersecting forms of discrimination;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 79b
- Paragraph text
- [Recommendations to Member States] [With regard to violence against indigenous women and girls, Member States should:] In the context of affording indigenous people legal jurisdiction that is compatible with their rights to self-determination, develop mechanisms that allow indigenous women and girls to pursue other means of recourse against violence if they are unable to obtain support and access to justice within indigenous communities;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 79d
- Paragraph text
- [Recommendations to Member States] [With regard to violence against indigenous women and girls, Member States should:] Ensure that all forms of violence against women, including female genital mutilation and child marriage, are included as violations within criminal law;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Harmful Practices
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Girls
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 79e
- Paragraph text
- [Recommendations to Member States] [With regard to violence against indigenous women and girls, Member States should:] Ensure clarity with regard to the relationship between indigenous, national and local jurisdictions in relation to violence against women; and ensure that the justice process is accessible and sensitive to the needs of indigenous women;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 79f
- Paragraph text
- [Recommendations to Member States] [With regard to violence against indigenous women and girls, Member States should:] In engagement with indigenous women and girls and building on existing good practice, develop more comprehensive anti-violence and recovery programmes within indigenous communities;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 79g
- Paragraph text
- [Recommendations to Member States] [With regard to violence against indigenous women and girls, Member States should:] Build the capacity of female indigenous leaders to advocate for the rights of women and girls to freedom from violence within indigenous communities;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 79h
- Paragraph text
- [Recommendations to Member States] [With regard to violence against indigenous women and girls, Member States should:] Invest in research into the root causes of domestic violence against women in indigenous communities and design preventive and recovery programmes;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2015
Paragraph
Rights of indigenous women and girls 2015, para. 79i
- Paragraph text
- [Recommendations to Member States] [With regard to violence against indigenous women and girls, Member States should:] Refrain from any forms of violence against women, particularly in situations of conflict, and prosecute all allegations of violence carried out by Government officials, such as border guards, the military and police.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2015
Paragraph