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Title | Date added | Template | Body | Legal status | Document type | Year | Document code | Original document | Paragraph text | Thematics | Topic(s) | Person(s) affected | Year |
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Vision-setting report 2016, para. 81 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | Notwithstanding the need to develop synergies between the international and regional human rights systems further, the Special Rapporteur considers it important to continue the discussion on the adequacy of international, regional and national legal frameworks to prevent and combat violence against women. In that respect, it is also important to consider new developments, such as the work of the Committee on the Elimination of Discrimination against Women in updating its general recommendation No. 19, in which the Special Rapporteur participated, which will incorporate the latest developments at the national, regional and international levels, and build upon the growing jurisprudence and work of the Committee, and the work of the Special Rapporteur. The update could indeed provide useful and very much needed additional guidance on steps that should be taken to address gender-based violence whenever it occurs and to speed up its elimination. The mandate holder calls for an inclusive participatory process in updating general recommendation No. 19. Complementary to that work, the Special Rapporteur also calls for renewed attention to the Declaration on the Elimination of Discrimination against Women, and in particular the need for States to consider the possibility of developing guidelines to assist in the implementation of the principles set forth in it. |
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Vision-setting report 2016, para. 80 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | In the view of the Special Rapporteur, there is a general lack of a holistic, comprehensive approach to combating and preventing gender-based violence and the fragmentation of various policies and legislation addressing violence against women and women's rights. One of the Special Rapporteur's key priorities will be to contribute to closing the gap in implementing existing international and regional instruments on violence against women, and to protect victims by providing them with adequate support services and effective remedies, and by prosecuting perpetrators. The mandate holder is convinced that the mandate has an important role to play in promoting synergies among existing international and regional instruments and systems on violence against women, with the purpose of accelerating and achieving their full implementation. She considers it important to improve synergies among the implementation of the Beijing Platform for Action and the Convention on the Elimination of All Forms of Discrimination against Women with the Optional Protocol thereto, the Declaration on the Elimination of Discrimination against Women and Security Council resolution 1325 (2000), and to follow up on resolutions and/or regional instruments on violence against women, to achieve their full implementation and to accelerate the elimination of violence against women. |
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Vision-setting report 2016, para. 79 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur recognizes that the mandate has become a visible, respected and credible mechanism to guide States, civil society actors, other stakeholders and the international community on the elimination of violence against women, its causes and consequences. Since the establishment of the mandate in 1994, the landscape surrounding it has changed, with the development of international and regional frameworks and mechanisms on violence against women that direct the mandate, to reshape its role and to focus on prevention, implementation challenges and stronger collaboration with all other relevant global and regional mechanisms, in order to accelerate the elimination of violence against women, its causes and consequences. |
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Vision-setting report 2016, para. 72 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | Discriminatory laws, in particular discriminatory provisions in constitutions, family laws, nationality laws and penal codes, perpetuate the lower status of women and their oppression in society, thereby fuelling violence against women and girls, given that there is little to deter perpetrators from committing these crimes. or because recourse for victims is inadequate. It is against this backdrop that the prevalent and multiple grave forms of violence by fundamentalist and extremist actors committed in recent times are built. The Special Rapporteur intends to explore the link between these discriminatory laws and violence against women and girls, and to make recommendations for law reforms, in particular with regard to family and penal laws, and other national laws and practices that regulate family relationships and the private sphere, with a view to curtailing violence against women and girls. |
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Vision-setting report 2016, para. 71 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur regards the prevention of violence against women as an aspect of the mandate that focuses on the elimination of the root causes of violence against women, and its consequences. To that end, she has identified the main components that should be further elaborated, including States' obligations to take positive measures to change harmful stereotypes relating to gender roles conducive to violence and, at the same time, to undertake activities to empower women and reduce their vulnerability to violence; the meaningful inclusion of men and boys to contribute actively to the prevention of all forms of violence against women and girls; and awareness-raising campaigns to fight violence against women on a regular basis and at all levels, in cooperation with national human rights institutions, civil society and non-governmental organizations. |
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Vision-setting report 2016, para. 70 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | While the use of information and communications technology has contributed to the empowerment of women and girls, its use has also generated online violence. In the view of the Special Rapporteur, there is a need to examine this recent phenomenon, and the applicability of national laws to it, and to make recommendations for States and non-State actors to fight online violence against women and girls while respecting freedom of expression and the prohibition of incitement to violence and hatred, in accordance with article 20 of the International Covenant on Civil and Political Rights. |
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| 2016 | ||||
Vision-setting report 2016, para. 69 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur encourages the inclusion of equality between women and men and violence against women as subjects of study in university curricula on law and related fields, and in training of legal professionals, such as judges and law enforcement officials. Training should include the international women's human rights framework and practical studies of the rich jurisprudence and case law on violence against women and the obligation of States to take appropriate measures to modify or abolish customs and practices that constitute discrimination against women and that affects women's right to a fair and just trial (see CEDAW/C/57/D/34/2011, para. 8.8). |
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Vision-setting report 2016, para. 68 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur notes the importance of capacity-building for legal professionals and law enforcement officials, including members of the police, the prosecution and the judiciary, and social workers, on regional and international human rights instruments and institutions, in particular with regard to women's human rights and violence against women. Capacity-building should include the jurisprudence on violence against women developed at the global and regional levels, and good practices to ensure that, at the national level, laws are applied in accordance with international norms and standards. |
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Vision-setting report 2016, para. 67 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | On 15 January 2016, the Secretary-General presented his Plan of Action to Prevent Violent Extremism to the General Assembly. Discussions have since been held on exploring the intersection of conflict, violence and gender, and the need for governmental, regional and multilateral organizations to include a gender perspective in all levels of policy- and decision-making, particularly in efforts to address the threat of terrorism and violent extremism. Against this backdrop, the Special Rapporteur proposes to examine the connections between fundamentalism or extremism and gender-based violence against women and its root causes. |
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Vision-setting report 2016, para. 66 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | The large-scale phenomenon of female migration has yet to be adequately addressed in migration policies with the full recognition of the gender-specific challenges and risks that migrating and refugee women and girls face. The Special Rapporteur stands ready to assist in the development of necessary guidance for States in this field. |
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Vision-setting report 2016, para. 65 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | In 2016, the Office of the United Nations High Commissioner for Refugees established an advisory group on gender, forced displacement and protection, of which the Special Rapporteur is a member, which and explored, inter alia, good practices for fostering meaningful community engagement. |
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Vision-setting report 2016, para. 64 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | In its general recommendation No. 32, on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, the Committee on the Elimination of Discrimination against Women recognized that "displacement arising from armed conflict, gender-related persecutions and other serious human rights violations that affect women compounds existing challenges to the elimination of discrimination against women". |
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Vision-setting report 2016, para. 63 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur notes that there is a lack of data on such human rights violations, a fact that prevents authorities from taking the necessary measures to ensure the safety of these women and girls. She intends to assist in the development of the necessary guidance for States in this field. |
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Vision-setting report 2016, para. 62 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | The challenges that women and girls migrants face include the risk of certain forms of violence, including sexual violence, by smugglers, criminal groups and individuals in countries of origin, transit and destination. Their journey could also turn into trafficking, slavery and slavery-like practices. They may also face greater risks of sexual violence and harassment while in transit in camps or shelters owing to, among others, shared accommodation and common sanitation facilities, which make them vulnerable to violence and abuse. They may lack access to gender-specific services, while frequently the reluctance of victims to report cases of sexual violence results in underreporting. Besides being a key reason behind many women's decisions to migrate, gender-based violence is a common feature throughout their journeys and in countries of destination. |
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Vision-setting report 2016, para. 61 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | Women and girls fleeing conflicts and persecution face various forms of gender-based violence and cases of multiple discrimination, particularly when they travel alone. These women and girls are vulnerable at all stages of their journey; in the countries of origin, of transit and of destination. |
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Vision-setting report 2016, para. 60 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | The mandate holder intends to explore the possibility of formulating a global code of conduct for security officers required to address cases of violence against women and girls, which could possibly be extended to other service providers, such as social workers and health providers. |
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Vision-setting report 2016, para. 59 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | In the view of the Special Rapporteur, the involvement of security organs, including those in peacekeeping operations, and the police in combating violence against women and girls is extremely important. Security organs are the first respondents in cases of violence, and have a key role to play in prevention, the prosecution of perpetrators and the protection of women survivors of violence. The goals attained and the challenges encountered in the implementation of the Kigali Declaration could be used as good practices for the formulation of a global code of conduct for police forces. |
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| 2016 | ||||
Vision-setting report 2016, para. 58 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | At the Special General Assembly of the Kigali International Conference Declaration, on the role of security organs in ending violence against women and girls (see para. 19 above), 12 Member States signed the Declaration following the high-level international conference on the same topic, which was held in Kigali in 2010. Since then, 43 States have taken part in activities to implement the Declaration, which includes a commitment "to recruit and promote more women officers at all echelons of the security organs". |
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| 2016 | ||||
Vision-setting report 2016, para. 57 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | The mandate holder has visited a number of shelters and made recommendations on their availability in specific countries to ensure that women can have access to them (see E/CN.4/2006/61/Add.5 and A/HRC/4/34/Add.2 and Add.4). Women's shelters should offer specialized services for women, providing safe accommodation and support for women who have been subjected to violence and their children. In addition to these services, other prevention and protection measures should be available, including efficient and immediate protection and barring orders for survivors, witnesses and their families. The Special Rapporteur intends to work on a compilation of good practices that could guide the establishment of shelters and support for women and children, and a compilation of good practices on protection orders. |
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Vision-setting report 2016, para. 56 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | Shelters have an important role in removing one of the greatest barriers preventing women from leaving abusive situations and avoiding re-victimization and risks of new assaults. Various economic factors can contribute to women's vulnerability to violence and prevent them from seeking help. Rehabilitation programmes for women survivors of violence should promote their physical, emotional and economic assistance, in particular by allowing them to secure immediate financial support, and promote opportunities to achieve and sustain income, to enable them to rebuild their lives. |
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Vision-setting report 2016, para. 55 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | The Istanbul Convention builds on existing international and regional instruments and international and national legal and policy advances. It contains a specific provision on shelters; article 23 in fact states that parties should "take the necessary legislative or other measures to provide for the setting-up of appropriate, easily accessible shelters in sufficient numbers to provide safe accommodation for and to reach out proactively to victims, especially women and their children." The Council of Europe has developed minimum standards for support services, in which, for example, one place in a women's shelter per 7,500 inhabitants should be provided, and the minimum standard should be one place per 10,000 inhabitants. According to another standard, one shelter should be available for every 10,000 inhabitants, providing safe emergency accommodation, qualified counselling and assistance in finding long-term accommodation. |
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Vision-setting report 2016, para. 54 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | The Committee on the Elimination of Discrimination against Women explained in the case of A.T. v. Hungary that a victim of domestic violence was unable to flee to a shelter, because none was equipped to accept her together with her children, in particular one of whom who was fully disabled. According to the Committee, the State should ensure that a safe home was given to the victim, in which she could live with her children, and that the victim should receive proportional reparation to the physical and mental harm endured. |
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Vision-setting report 2016, para. 53 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | The Beijing Declaration and Platform for Action establishes that women subjected to violence should have access "to just and effective remedies for the harm they have suffered", but they should also have access to "well-funded shelters and relief support", and "appropriate assistance to enable them to find a means of subsistence". |
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| 2016 | ||||
Vision-setting report 2016, para. 52 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | In its general recommendation No. 19, the Committee on the Elimination of Discrimination against Women recommended that States parties should take all legal and other measures necessary to provide effective protection of women against gender-based violence. |
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| 2016 | ||||
Vision-setting report 2016, para. 51 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | The Convention on the Elimination of All Forms of Discrimination against Women and the Declaration on the Elimination of Discrimination against Women established global standards and the obligations of States to prevent violence against women and to provide services for survivors of violence. With regard to services, the Declaration calls upon States to work to ensure, to the maximum feasible extent, in the light of their available resources and, where needed, within the framework of international cooperation, that women subjected to violence and, where appropriate, their children have specialized assistance, such as rehabilitation, assistance in child care and maintenance, treatment, counselling and health and social services, facilities and programmes, and support structures, and should take all other appropriate measures to promote their safety and physical and psychological rehabilitation. In addition, the Declaration states that organs of the United Nations system should promote the formulation of guidelines or manuals relating to violence against women. |
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| 2016 | ||||
Vision-setting report 2016, para. 50 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | While the collection of data is widely recognized under the international human rights framework, the establishment of a global "femicide watch" would bring a special emphasis to the analysis of these statistics and data as a catalyst for prevention and change. Given the shortcomings of certain national protection systems, the lack of proper risk assessment and the lack of quantitative and qualitative data, which are major barriers to effective prevention of gender-related killing of women, it would contribute to the prevention of preventable deaths of women. Where the situation in which femicides are committed is highlighted, it can stimulate more work across existing obligations, particularly with regard to addressing social attitudes that accept or normalize violence against women and its most extreme forms resulting in killing. Bringing a name and a face to statistics also highlights the horrendous nature of the crime, the reality of patriarchal violence and the extreme pain and suffering inflicted on women and girls because of their gender. |
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Vision-setting report 2016, para. 49 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | The importance of statistics and data collection is broadly recognized in international human rights law, including the Convention on the Elimination of All Forms of Discrimination against Women and the recommendations made by the Committee on the Elimination of Discrimination against Women, which provides a legal basis and practical guidance for the promotion and development of statistics, disaggregated by sex. In paragraph 24 (c) of its general recommendation No. 19, the Committee explicitly recognized the importance of statistical data to understand the situation of women, and recommended that States ensure that their national statistical services formulated their questionnaires in such a way that data could be disaggregated according to gender. It also recommended that States should encourage the compilation of statistics and research on the extent, causes and effects of violence, and on the effectiveness of measures to prevent and deal with violence. At the regional level, article 8 (h) of the Convention of Belém do Pará established the agreement by States to undertake progressively specific measures, including programmes, to ensure research and the gathering of statistics and other relevant information relating to the causes, consequences and frequency of violence against women. Article 11 of the Istanbul Convention established that States parties should undertake to collect disaggregated relevant statistical data on cases of all forms of violence. |
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Vision-setting report 2016, para. 48 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur recalls General Assembly resolution 70/176 on action against gender-related killing of women and girls, in which the Assembly encouraged Member States to collect, disaggregate, analyse and report data on gender-related killing of women and girls and to ensure that appropriate punishment for perpetrators of gender-related killings of women and girls are in place and are proportionate to the gravity of the offence. |
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Vision-setting report 2016, para. 47 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | In her report on gender-related killing of women and girls: promising practices, challenges and practical recommendations (A/HRC/20/16), the previous mandate holder noted different manifestations of gender-related killings of women, including as a result of intimate-partner violence, following accusations of sorcery or witchcraft, in the name of "honour", in the context of armed conflict, dowry-related killings of women, and killings of aboriginal and indigenous women, among others. |
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Vision-setting report 2016, para. 46 | Aug 19, 2019 | Paragraph | Special Rapporteur on violence against women, its causes and consequences | Non-negotiated soft law | Special Procedures' report | Each case of gender-related killing of women should be carefully analysed to identify any failure of protection, with a view to improving and developing further preventive measures. In the collection, analysis and publication of such data, States should cooperate with non-governmental organizations and independent human rights institutions working in the field, representatives of victims and other relevant international organizations and stakeholders. |
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