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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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Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 43 | Aug 19, 2019 | Paragraph | The ability to hold peaceful assemblies is a fundamental and integral component of the multifaceted right to freedom of peaceful assembly, which shall be enjoyed by everyone. Such ability is of utmost importance to the work of civil society actors, including those promoting the realization of economic, social and cultural rights, as it enables them to publicly voice their message, which ultimately benefits the realization of the right(s) they strive to promote and protect, especially in the context of the ongoing dire economic crisis. This is all the more relevant for groups most at risk of violations and discrimination, such as women, youth, indigenous peoples, persons with disabilities, persons belonging to minority groups, groups at risk because of their sexual orientation and gender identity and non-nationals. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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| 2013 | ||
Different levels and types of services and the human rights to water and sanitation 2015, para. 31 | Aug 19, 2019 | Paragraph | People must be able to voice their concerns freely. Those who are otherwise discriminated against or stigmatized may have particular difficulties in making their opinion heard as concerns the types of service that are acceptable to them. They must also be given the chance to present their opinions and influence decision-making. For decisions on types of services, women and girls' participation is essential. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2015 | ||
Violence against women as a barrier to the effective realization of all human rights 2014, para. 24 | Aug 19, 2019 | Paragraph | Violence against women violates the right to free association and expression in a variety of harmful ways, while restrictions on association and expression entrench the continued presence of violence. A former Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression has stressed that the inability of women to exercise association and expression rights freely, without fear of violence, severely undermines the realization of all human rights (E/CN.4/2001/64, para. 75). The use of flogging and other forms of corporal punishment is usually linked to the control and limitation of freedom of association, expression and movement. The punishment usually has a collective dimension and is public in character, so as to serve a social objective, namely influencing the conduct of other women. The rights to freedom of association and expression are integral to the right to political participation, and restrictions on women's association and expression rights prevent women from fully exercising their participation rights. The Working Group on the issue of discrimination against women in law and in practice has noted that stigmatization, harassment and outright attacks have frequently been used to silence and discredit women who are outspoken as leaders and politicians (A/HRC/23/50, para. 65). | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2014 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 70v | Aug 19, 2019 | Paragraph | [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; | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Review of the standard minimum rules for the treatment of prisoners 2013, para. 83 | Aug 19, 2019 | Paragraph | The Rules should ensure that education and information regarding the prohibition against torture or other ill-treatment are included in the training of corrections personnel, whether civilian or military, medical personnel and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment. Medical personnel should receive specific training on the provisions contained in the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (2000). Training programmes should be envisaged to sensitize personnel to permissible methods and limitations for searches and steps to prevent and remedy prison violence with techniques that do not give rise to excessive use of force. Efforts should be strengthened to ensure that personnel adopt a gender-sensitive and age-sensitive approach (see the United Nations Rules for the Treatment of Women Prisoners) and are sensitive to the particular needs of inmates who belong to marginalized groups by, for example, providing guidance, instances and examples on principles of equality and non discrimination, including in relation to sexual orientation and gender identity (see A/HRC/19/41, para. 75). | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2013 | ||
Review of the standard minimum rules for the treatment of prisoners 2013, para. 77 | Aug 19, 2019 | Paragraph | The Special Rapporteur recalls that the perceived fairness of a complaints system is indeed fundamental to its effectiveness in combating impunity and promoting a safe custodial environment. Sufficient safeguards and opportunities must be in place to make a complaint and to ensure the independence, reliability, confidentiality and safety of complaint mechanisms (see, for example, the United Nations Rules for the Treatment of Women Prisoners, rule 25 (1)). Moreover, the right of detainees to file a complaint implies facilitating simple, prompt and effective recourse before competent, independent and impartial authorities against acts or omissions. Appropriate systems must be established to handle and process these complaints, ensuring access to independent lawyers and timely independent medical examination and guaranteeing the safety and security of the complainant. The Rules should place an obligation on prison authorities to take effective measures to protect complainants against any form of intimidation, reprisals and other adverse consequences. Measures in this regard include the transfer of the complainant or the implicated personnel to a different detention facility or the suspension from duty of the personnel. It is also important that the Rules integrate a provision obliging the personnel to guarantee the timely enforcement of any decision granting the remedy. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2013 | ||
Rights of indigenous women and girls 2015, para. 78h | Aug 19, 2019 | Paragraph | [Recommendations to Member States] [With regard to civil and political rights, Member States should:] Ensure that due process is undertaken in relation to all indigenous women who enter the criminal justice system; | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2015 | ||
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 116 | Aug 19, 2019 | Paragraph | In the Europe and Central Asia region, six communications were sent to Governments during the period, of which two were sent to the Russian Federation. An important distinction from other regions was that a majority of the victims were women (four out of six). One case involved a male victim and, in another, the sex of the victim(s) was not reported. Also in contrast to other regions, the majority of alleged violations in Europe and Central Asia consisted of raids on and searches of offices, confiscation of materials, surveillance of defenders' activities and their organizations' offices and lengthy interrogations, and even refusal to allow defenders to travel abroad. There were also alleged violations of youth and students' physical integrity, including physical assaults, excessive use of force during demonstrations and arbitrary detention. There was one case involving violations of psychological integrity and one case of criminalization of defenders' activities following peaceful protests. One case involved violations of a judicial nature, more specifically prison sentences. In five of the cases, State actors were the alleged perpetrators, notably police, while non-State actors were the alleged perpetrators in one case. | Special Rapporteur on the situation of human rights defenders | Special Procedures' report |
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| 2012 | ||
On the Declaration on human rights defenders 2011, para. 111a (ii) | Aug 19, 2019 | Paragraph | [States are encouraged to take the following measures to address the protection needs of the following groups of defenders:] Women defenders: Train and instruct law enforcement officials on protection measures to be taken with regard to children taking part in demonstrations with their mothers; | Special Rapporteur on the situation of human rights defenders | Special Procedures' report |
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| 2011 | ||
On the Declaration on human rights defenders 2011, para. 66 | Aug 19, 2019 | Paragraph | The mandate holder has also repeatedly received information about the situation of women defenders working on issues of impunity and access to justice, including witnesses and victims of human rights violations seeking redress, as well as the lawyers, individuals and organizations representing or supporting them. This group appears to be particularly at risk in certain countries. | Special Rapporteur on the situation of human rights defenders | Special Procedures' report |
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| 2011 | ||
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 45 | Aug 19, 2019 | Paragraph | Although civil society organizations play an essential role during election time, freedom of association is, in many countries, restricted before, during and after elections. As noted by the Special Rapporteur on the situation of human rights defenders, acts of intimidation against civic activists often start long before the beginning of election campaigns (A/HRC/13/22 para. 56). Restrictions placed on unregistered associations preventing them from taking part in activities related to the electoral process is one way of obstructing the work of independent voices. As the Special Rapporteur has stated in previous reports, the right to freedom of association applies equally to associations that are not registered (A/HRC/20/27, para. 56). Because of their marginalization, women, youth, minorities, indigenous groups or persons with disabilities may form or join unregistered associations for the advancement of their interests. States should play an active role in removing barriers that keep these marginalized and disempowered groups from participating in public life and exercising their rights in the context of elections. This is vital to ensure that their voices are heard and their causes taken into account in the policies of the next Government. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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| 2013 | ||
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 15 | Aug 19, 2019 | Paragraph | The significance of equal protection of the rights to peaceful assembly and association in the context of elections for everyone is heightened in the context of elections because of the potential for the exacerbation of vulnerabilities during this period. The Special Rapporteur notes the inclination of actors in the electoral contest to exploit racial, ethnic, religious, political, national or social origin, among other distinctions explicitly prohibited in article 2 of the International Covenant on Civil and Political Rights, with a view to excluding opponents. He emphasizes that these rights are guaranteed for everyone on the basis of equality (A/HRC/20/27, para. 13), and that States therefore have the obligation to offer effective protection against discrimination. In the context of elections, any temporary measures designed to enhance the ability of marginalized groups or groups most at risk to exercise their rights, such as women, victims of discrimination because of their sexual orientation and gender identity, youth, persons belonging to minorities, indigenous peoples, non-nationals, including stateless persons, refugees or migrants, and members of religious groups, as well as activists advocating economic, social, and cultural rights, and used as a mechanism to level the playing field, do not constitute discrimination. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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| 2013 | ||
Hate speech and incitement to hatred 2012, para. 62 | Aug 19, 2019 | Paragraph | The first critical step is to address and redress the indirect censorship, powerlessness and/or alienation felt by many groups and individuals. For example, in many countries, women or women's groups that publicly criticize discriminatory religious tenets have frequently been the targets of severe harassment and intimidation, both by the State and by non-State actors. Explicitly or implicitly, through such actions an illusion is created that only those with the requisite authority can speak on particular issues. The resulting culture of fear hampers public debate and directly contradicts the right to freedom of opinion and expression. Governments should therefore proactively facilitate counter-speech of individuals belonging to groups that are systematically targeted by hate speech. Moreover, with the advent of the Internet, individuals no longer have to wait for the State to facilitate such processes and can take the initiative themselves. For example, Groundviews (http://groundviews.org) is a citizen journalism initiative in Sri Lanka that documents stories and opinions that the mainstream media may censor owing to fear or reprisals. By allowing voices that have been marginalized and perspectives that generally find little expression to come to the fore, such initiatives play a vital role in fostering debate and greater understanding in society. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
|
| 2012 | ||
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 16d | Aug 19, 2019 | Paragraph | [For the purposes of the present joint general recommendation/general comment, practices should meet the following criteria to be regarded as harmful:] They are imposed on women and children by family members, community members or society at large, regardless of whether the victim provides, or is able to provide, full, free and informed consent. | Committee on the Rights of the Child | General Comment / Recommendation |
|
| 2014 | ||
Women’s access to justice 2015, para. 64d | Aug 19, 2019 | Paragraph | [The Committee recommends that, in cooperation with non-State actors, States parties:] Ensure that women have a real and informed choice concerning the applicable law and the judicial forum within which they would prefer their claims to be heard; | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2015 | ||
Women’s access to justice 2015, para. 51p | Aug 19, 2019 | Paragraph | [The Committee recommends that States parties:] Use preventive detention as a last resort and for as short a time as possible, and avoid preventive or post-trial detention for petty offences and for the inability to pay bail in such cases. | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2015 | ||
Women’s access to justice 2015, para. 51m | Aug 19, 2019 | Paragraph | [The Committee recommends that States parties:] Closely monitor sentencing procedures and eliminate any discrimination against women in the penalties provided for particular crimes and misdemeanours and in determining eligibility for parole or early release from detention; | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2015 | ||
Women’s access to justice 2015, para. 51a | Aug 19, 2019 | Paragraph | [The Committee recommends that States parties:] Exercise due diligence to prevent, investigate, punish and provide reparation for all crimes committed against women, whether by State or non State actors; | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2015 | ||
Women’s access to justice 2015, para. 46a | Aug 19, 2019 | Paragraph | [The Committee recommends that States parties:] Adopt written family codes or personal status laws that provide for equal access to justice between spouses or partners irrespective of their religious or ethnic identity or community, in accordance with the Convention and the Committee's general recommendations; | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2015 | ||
Women’s access to justice 2015, para. 44a | Aug 19, 2019 | Paragraph | [The Committee recommends that States parties:] Eliminate all gender-based barriers to access to civil law procedures, such as requiring that women obtain permission from judicial or administrative authorities or family members before beginning legal action, or that they furnish documents relating to identity or title to property; | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2015 | ||
Women’s access to justice 2015, para. 42a | Aug 19, 2019 | Paragraph | [The Committee recommends that States parties:] Provide explicit constitutional protection for formal and substantive equality and for non-discrimination in the public and private spheres, including with regard to all matters of personal status, family, marriage and inheritance law, and across all areas of law; | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2015 | ||
Women’s access to justice 2015, para. 20d (vii) | Aug 19, 2019 | Paragraph | [With regard to the accountability of justice systems, the Committee recommends that States parties:] [Data should include but need not be limited to:] The length of the procedures and their outcomes, disaggregated by the sex of the complainant; | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2015 | ||
Women’s access to justice 2015, para. 20d (vi) | Aug 19, 2019 | Paragraph | [With regard to the accountability of justice systems, the Committee recommends that States parties:] [Data should include but need not be limited to:] The nature and number of cases in which legal aid and/or public defence were required, accepted and provided, disaggregated by the sex of the complainant; | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2015 | ||
Women’s access to justice 2015, para. 19c | Aug 19, 2019 | Paragraph | [With regard to the provision of remedies, the Committee recommends that States parties:] Take full account of the unremunerated domestic and caregiving activities of women in assessments of damages for the purposes of determining appropriate compensation for harm in all civil, criminal, administrative or other proceedings; | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2015 | ||
Women’s access to justice 2015, para. 16c | Aug 19, 2019 | Paragraph | [With regard to the availability of justice systems, the Committee recommends that States parties:] Ensure that rules on standing allow groups and civil society organizations with an interest in a given case to lodge petitions and participate in the proceedings; | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
|
| 2015 | ||
Women’s access to justice 2015, para. 15i | Aug 19, 2019 | Paragraph | [With regard to justiciability, the Committee recommends that States parties:] Ensure that women human rights defenders are able to gain access to justice and receive protection from harassment, threats, retaliation and violence. | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2015 | ||
Women’s access to justice 2015, para. 15g | Aug 19, 2019 | Paragraph | [With regard to justiciability, the Committee recommends that States parties:] Revise the rules on the burden of proof in order to ensure equality between the parties in all fields where power relationships deprive women of fair treatment of their cases by the judiciary; | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2015 | ||
Women’s access to justice 2015, para. 15d | Aug 19, 2019 | Paragraph | [With regard to justiciability, the Committee recommends that States parties:] Ensure the independence, impartiality, integrity and credibility of the judiciary and the fight against impunity; | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2015 | ||
Harmful practices (joint General Recommendation with CRC) 2014, para. 16d | Aug 19, 2019 | Paragraph | [For the purposes of the present joint general recommendation/general comment, practices should meet the following criteria to be regarded as harmful:] They are imposed on women and children by family members, community members or society at large, regardless of whether the victim provides, or is able to provide, full, free and informed consent. | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2014 | ||
Political and public life 1997, para. 44b | Aug 19, 2019 | Paragraph | [Measures that should be identified, implemented and monitored for effectiveness include, under article 7, paragraph (a), those designed to:] Ensure that women understand their right to vote, the importance of this right and how to exercise it; | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 1997 |