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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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Vision-setting report 2016, para. 44 | Aug 19, 2019 | Paragraph | The mandate holder considers that the universal and full acceptance and incorporation by States of both international and regional instruments are crucial for the establishment and improvement of existing national legal frameworks on the elimination of violence against women, including by the elimination of discriminatory family laws and penal laws, also with regard to harmful practices that hinder the enjoyment by women and girls of their rights. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2016 | ||
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. 11 | Aug 19, 2019 | Paragraph | In the African Charter on Human and Peoples' Rights, the member States stress the interdependence of rights and introduce unique features, such as the protection of community and group rights, and the imposition of duties on individuals. The Charter was the first human rights instrument to entrench the right to development. Specific references to women are included in the Charter, for example, in article 2, which prohibits discrimination, including on the basis of sex, and article 18 (3), which obliges States to eliminate all discrimination against women and to ensure the protection of the rights of women as stipulated in international declarations and conventions. The Charter incorporates principles related to culture, group rights and respect for the family environment. Article 60 of the Charter mandates the African Commission to draw inspiration from international law in its promotion and protection of human rights. Some scholars have argued that despite having minimal provisions on the rights of women, the Charter by inference imposes a duty on member States to abide by international human rights standards on women's rights. The Charter has been criticized by some for being unrealistic and overambitious and for ignoring women's human rights, while others have praised it for protecting all human rights, both individual and collective. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2015 | ||
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. 12 | Aug 19, 2019 | Paragraph | In the African Charter on Human and Peoples' Rights, the member States stress the interdependence of rights and introduce unique features, such as the protection of community and group rights, and the imposition of duties on individuals. The Charter was the first human rights instrument to entrench the right to development. Specific references to women are included in the Charter, for example, in article 2, which prohibits discrimination, including on the basis of sex, and article 18 (3), which obliges States to eliminate all discrimination against women and to ensure the protection of the rights of women as stipulated in international declarations and conventions. The Charter incorporates principles related to culture, group rights and respect for the family environment. Article 60 of the Charter mandates the African Commission to draw inspiration from international law in its promotion and protection of human rights. Some scholars have argued that despite having minimal provisions on the rights of women, the Charter by inference imposes a duty on member States to abide by international human rights standards on women's rights. The Charter has been criticized by some for being unrealistic and overambitious, and for ignoring women's human rights, while others have praised it for protecting all human rights, both individual and collective. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2015 | ||
Pathways to, conditions and consequences of incarceration for women 2013, para. 74 | Aug 19, 2019 | Paragraph | Stigmatization, social alienation and feelings of shame and guilt may also contribute to hindering reintegration. Stigma and the loss of certain rights are a challenge to re-establishing relationships and social ties. Family and community support is critical to successful reintegration, and also to decreasing the chance of recidivism. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2013 | ||
Pathways to, conditions and consequences of incarceration for women 2013, para. 29 | Aug 19, 2019 | Paragraph | Many countries hold women in pretrial detention for extremely long periods, and the number of female pretrial detainees is often equivalent to or larger than the number of convicted female prisoners. Pretrial detainees may have limited contact with other prisoners, fewer opportunities for health-care, vocational or job programmes, as well as restrictions on family contact. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2013 | ||
Violence against women with disabilities 2012, para. 47 | Aug 19, 2019 | Paragraph | Though disability laws may prohibit discrimination in social services, these laws do not always extend to child custody and protection proceedings. As a result, divorce proceedings and child custody hearings may focus on the mother's disability as opposed to her parenting behaviour, thereby implicitly equating parental disability with parental unfitness. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2012 | ||
Violence against women with disabilities 2012, para. 18 | Aug 19, 2019 | Paragraph | Many policies operate on the assumption that a disabling condition is pathological and a defect, and not a socially ascribed so-called deficit. The impact of such a perspective is clear: persons with disabilities are to be avoided and/or excluded, as opposed to accommodated and included in the community. According to the Convention on the Rights of Persons with Disabilities, accommodation, inclusion and support are the obligated responses to disability, including for families of persons with disabilities. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2012 | ||
Multiple and intersecting forms of discrimination and violence against women 2011, para. 37 | Aug 19, 2019 | Paragraph | Social structures (family forms, formal and informal institutions, religious and societal beliefs) also generate the inequitable valuing of men over women, and promote male dominance over females. Often these values are reproduced from one generation to the next. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2011 | ||
Reparations to women who have been subjected to violence 2010, para. 48 | Aug 19, 2019 | Paragraph | There is a broader question regarding the concept of family that is embraced in reparations programmes. In this regard, polygamous unions, de facto unions, same-sex unions and more extensive culturally contingent support mechanisms, should be adequately represented to reflect the real web of dependencies and the harms entailed by their disruption. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2010 | ||
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. 16 | Aug 19, 2019 | Paragraph | Importantly, in the preamble of the Protocol it is made explicit that positive African values are based on the principles of equality, freedom, dignity, justice, solidarity and democracy. This clarification is important in the area of violence against women, as research indicates that violence, including wife beating, is considered or perceived to be one of the values of African families in some societies. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2015 | ||
Reparations to women who have been subjected to violence 2010, para. 53 | Aug 19, 2019 | Paragraph | Often, when restitution of the infringed rights or lost good is not possible, reparations will try to compensate victims. Besides avoiding outright discrimination, reparations programmes that provide economic compensation to women should consider the formal and informal obstacles that different groups of women face in accessing and keeping money. These include difficulties in having a bank account and formal and informal pressure, including security threats, reprisal or ostracism by the family and the community. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2010 | ||
Vision-setting report 2016, para. 72 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2016 | ||
Violence against women as a barrier to the effective realization of all human rights 2014, para. 18 | Aug 19, 2019 | Paragraph | Violence violates women's rights to equality and non-discrimination on the basis of their sex and gender and to liberty and security of the person, and the right not to be subjected to torture, cruel or inhuman or degrading treatment or punishment. It also impedes women's right to equality within the family. The experience or threat of violence makes many women reluctant to leave their homes, which deprives them of their rights to take part in the political, economic, social and cultural life of their community. This in turn precludes women from exercising their right to vote and hold public office, to work, to education, to a secure livelihood and to access to justice and to health. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2014 | ||
State responsibility for eliminating violence against women 2013, para. 57 | Aug 19, 2019 | Paragraph | The provision of social services by State authorities is common to all regions, but there is no information on whether this is underpinned by human rights norms and standards, especially in respect of women's rights to equality, non-discrimination and bodily integrity. The general consensus, in many regions, is that in cases relating to violence against women, a social welfare approach is the norm. In many country missions the Special Rapporteur witnessed how State-run services, particularly social services or "social-work centres", often operate with an explicit focus on family reconciliation or reunification. In such countries, the norm is to resolve cases of partner/spousal/domestic violence through reconciliation and not through accountability measures, such as through prosecution and punishment of perpetrators. These institutions often show inadequate and inappropriate responses to the protection needs of women victims, with employees lacking understanding of the complex nature of abusive relationships and failing to respond adequately, sometimes to the point of jeopardizing victims' safety. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2013 | ||
State responsibility for eliminating violence against women 2013, para. 24 | Aug 19, 2019 | Paragraph | As regards the Convention on the Elimination of All Forms of Discrimination against Women, article 2 refers to the obligation of States to pursue by all appropriate means and without delay a policy of eliminating discrimination against women. However, there is no specific provision pertaining to a State's responsibility to act with due diligence in eliminating violence against women. In an attempt to address the defect, the Committee on the Elimination of Discrimination against Women issued interpretative guidelines in the form of two general recommendations. General recommendation No. 12 (1989) highlights the obligation of States to protect women from violence in the family, workplace, or any other area of social life under articles 2, 5, 11, 12 and 16 of the Convention. In general recommendation No. 19 (1992), the Committee stated that "gender-based violence may breach specific provisions of the Convention, regardless of whether those provisions expressly mention violence" (para. 6). The Committee reiterated "that discrimination under the Convention is not restricted to action by or on behalf of Governments" and that "States may also be responsible for private acts if they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of violence, and for providing compensation" (para. 9). Interpreting within specific articles in the Convention a cumulative prohibition on gender-based violence, the Committee recommended in its general recommendation No. 12 that States include in their periodic reports information concerning legislative and other measures in force to protect women from violence, the existence of support services for women, and statistical data on the prevalence of all forms of violence against women. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2013 | ||
Pathways to, conditions and consequences of incarceration for women 2013, para. 78 | Aug 19, 2019 | Paragraph | Many women in prison have little meaningful contact with their family members, more especially their children. There are several reasons for limited contact, including the mother's incarceration in a prison located a distance from the family and the logistical and financial costs involved in arranging visits, a prison's restrictions on contact or communications with family members and the greater likelihood that the family of a female prisoner will shun or reject her, compared to families of male prisoners. Also, prison regulations and institutional barriers may be partially at fault for limited family contact. For example, most detainees in Latvia are not allowed to telephone their families or receive visits. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2013 | ||
Violence against women with disabilities 2012, para. 59 | Aug 19, 2019 | Paragraph | The causes of violence against women with disabilities originate in social norms about the nature and type of disability and gender roles. Women with disabilities face many barriers to escaping, resisting, preventing or obtaining redress for violence. Such barriers include, but are not limited to, emotional and financial dependency on the abuser; unwillingness to be stigmatized; fears regarding child custody or single-parenthood; inaccessibility or unavailability of violence prevention programmes and facilities; fear or loss of assistive devices and other supports; concerns about being believed when disclosing the abuse; and reluctance to take any action that may escalate the violence. Also when they seek assistance from police or other members of the community, their complaints may not be taken seriously or may be disbelieved, due to stigma and stereotyping. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2012 | ||
Multiple and intersecting forms of discrimination and violence against women 2011, para. 36 | Aug 19, 2019 | Paragraph | The societal perspective is also helpful in considering how the collective manifestation of individual freedoms can cause violence against women. This perspective considers the ways in which the relationship of the individual to family members and the larger community contributes to violence against women. The Special Rapporteur on freedom of religion or belief has argued that collective manifestations of some individual freedoms, notably freedom of religion or belief, operate at the intersection of multiple forms of discrimination and violence against women. Societal values and community norms, according to which this kind of collective manifestation is organized, often perpetuate different forms of violence against women. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2011 | ||
Reparations to women who have been subjected to violence 2010, para. 68 | Aug 19, 2019 | Paragraph | One example relates to forced sterilization programmes and the emergence of judicial awards of compensation. Many such sterilization policies were instituted in countries around the world, usually as part of eugenics programmes to prevent the reproduction of members of the population considered to be carriers of "defective genetic or social traits". Women were sterilized without informed consent: several died from post-surgery complications, while others faced health problems, psychological complications, unemployment and family isolation. More recently in certain countries, abusive practices in the implementation of sexual and reproductive health programmes as part of population control policies have led to systemic violations. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2010 | ||
Reparations to women who have been subjected to violence 2010, para. 47 | Aug 19, 2019 | Paragraph | The definition of "victim" endorsed by the Basic Principles and Guidelines assumes that, although the violation of a right is a precondition for the right to reparation, the relationship between the right and the violation, for purposes of reparation, is mediated by the notion of harm. As a result, the potential rights holders include not only victims, but also others, such as close family members and dependants, who are affected or harmed as a consequence of the violation. This notion of victim that links rights and harms allows for the reflection that every gross violation generates a "community of harm" which impacts others to be reflected. Bringing the notion of harm to the fore can also allow victims to be prioritized according to the severity of the harm endured. Both expanding beneficiaries and prioritizing victims and beneficiaries according to harm can have important consequences for women. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2010 |
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