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Gender-based violence against women, updating general recommendation No. 19 2017, para. 26c
- Paragraph text
- [Judicial level] According to articles 2 (d) and (f) and 5 (a), all judicial bodies are required to refrain from engaging in any act or practice of discrimination or gender-based violence against women and to strictly apply all criminal law provisions punishing such violence, ensuring that all legal procedures in cases involving allegations of gender-based violence against women are impartial, fair and unaffected by gender stereotypes or the discriminatory interpretation of legal provisions, including international law. The application of preconceived and stereotypical notions of what constitutes gender-based violence against women, what women’s responses to such violence should be and the standard of proof required to substantiate its occurrence can affect women’s rights to equality before the law, a fair trial and effective remedy, as established in articles 2 and 15 of the Convention.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 28
- Paragraph text
- The Committee also recommends that States parties take the following measures in the areas of prevention, protection, prosecution and punishment, redress, data collection and monitoring and international cooperation in order to accelerate elimination of gender-based violence against women. All measures should be implemented with an approach centred around the victim/survivor, acknowledging women as right holders and promoting their agency and autonomy, including the evolving capacity of girls, from childhood to adolescence. In addition, the measures should be designed and implemented with the participation of women, taking into account the particular situation of women affected by intersecting forms of discrimination.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2017
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 13
- Paragraph text
- The Committee recalls article 23 of the Convention, in which it is indicated that any provisions in national legislation or international treaties other than the Convention that are more conducive to the achievement of equality between women and men will prevail over the obligations in the Convention and, accordingly, the recommendations in the present general recommendation. The Committee notes that States parties’ action to address gender-based violence against women is affected by reservations that they maintain to the Convention. It also notes that, as a human rights treaty body, the Committee may assess the permissibility of reservations formulated by States parties, and reiterates its view that reservations, especially to article 2 or article 16, the compliance with which is particularly crucial in efforts to eliminate gender-based violence against women, are incompatible with the object and purpose of the Convention and thus impermissible under article 28 (2).
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Men
- Women
- Year
- 2017
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 29e
- Paragraph text
- [The Committee recommends that States parties implement the following legislative measures:] Ensure that sexual assault, including rape, is characterized as a crime against the right to personal security and physical, sexual and psychological integrity and that the definition of sexual crimes, including marital and acquaintance or date rape, is based on the lack of freely given consent and takes into account coercive circumstances. Any time limitations, where they exist, should prioritize the interests of the victims/survivors and give consideration to circumstances hindering their capacity to report the violence suffered to the competent services or authorities.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2017
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 34f
- Paragraph text
- [The Committee recommends that States parties implement the following measures with regard to coordination and monitoring and the collection of data regarding gender-based violence against women:] Allocate appropriate human and financial resources at the national, regional and local levels to effectively implement laws and policies for the prevention of all forms of gender-based violence against women, provision of protection and support to victims/survivors, investigation of cases, prosecution of perpetrators and provision of reparations to victims/survivors, including support to women’s organizations.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 35a
- Paragraph text
- [The Committee recommends that States parties implement the following measures with regard to international cooperation to combat gender-based violence against women:] Seek support, where necessary, from external sources, such as the specialized agencies of the United Nations system, the international community and civil society, in order to meet human rights obligations by designing and implementing all appropriate measures required to eliminate and respond to gender-based violence against women, taking into consideration, in particular, the evolving global contexts and the increasingly transnational nature of such violence, including in technology-mediated settings and other extraterritorial operations of domestic non-State actors. States parties should urge business actors whose conduct they are in a position to influence to assist the States in which they operate in their efforts to fully realize women’s right to freedom from violence;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 35b
- Paragraph text
- [The Committee recommends that States parties implement the following measures with regard to international cooperation to combat gender-based violence against women:] Prioritize the implementation of the relevant Sustainable Development Goals, in particular Goals 5, to achieve gender equality and empowerment of all women and girls, and Goal 16, to promote peaceful and inclusive societies for sustainable development, provide access to justice and build effective, accountable and inclusive institutions at all levels; and support national plans to implement all the Goals in a gender-responsive manner, in accordance with the agreed conclusions of the sixtieth session of the Commission on the Status of Women on women’s empowerment and the link to sustainable development, enabling meaningful participation of civil society and women’s organizations in the implementation of the Goals and the follow-up processes, and enhance international support and cooperation for knowledge-sharing and effective and targeted capacity-building.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Girls
- Women
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 16
- Paragraph text
- The sale of and trafficking in children, although similar, are two distinct but linked human rights violations, and States are legally bound to take measures to prevent both (article 35 of the Convention on the Rights of the Child). States tend to confuse the sale of children with child trafficking. Indeed, most national legislations and available data refer to the crime of trafficking, while the crime of sale is overlooked. Consequently, most of the data and documents that were analysed for the purpose of the present study focus on trafficking, as specific information on the crime of sale of children continues to be scarce.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 32
- Paragraph text
- Threats faced by boys and girls do not end when they leave their home countries. As they travel onward, often paying their way through dangerous routes by using exploitative smuggling and trafficking networks, children are subject to further violence, abuse and exploitation, including at borders owing to pushbacks and interceptions by border control officials. Unaccompanied children and those separated from their families face heightened risks, both along the route and upon arrival in transit countries.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Boys
- Children
- Families
- Girls
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 37
- Paragraph text
- Living in limbo for long periods owing to delays or inefficiencies in or the absence of legal paths to migration may drive children who have depleted their financial resources to seek alternative ways, whether legal or illegal, to earn money either to survive or to continue their journeys. Moreover, when they are out of school for long periods, undernourished and without health care, impoverished and beset by mounting anxieties as uncertainty drags on, children become increasingly vulnerable and desperate.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 38
- Paragraph text
- Children may be compelled to work to sustain themselves or provide for their families’ basic needs, especially where parents cannot work legally or simply cannot find work, legally or illegally. Iraqi and Syrian refugee children in Lebanon, for example, work in textile factories, construction or the food service industry, or as agricultural labour or street vendors in conditions amounting to forced labour. According to UNICEF, in Jordan, Lebanon and Turkey, shopkeepers, farmers and manufacturers hire Syrian refugee children because they can pay them a lower wage. Children, especially girls, are seen as less likely to be targeted by the police or prosecuted for illegal work than adults, making families more likely to send them to work. These types of child labour, which often mask other forms of exploitation, such as trafficking for forced labour, have dire consequences on children.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Humanitarian
- Violence
- Person(s) affected
- Children
- Families
- Girls
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 40
- Paragraph text
- Finally, the practice of “temporary” child or forced marriages is one of the dangerous coping mechanisms that girls face while in refugee camps in transit countries. Confronted with the economic burdens brought on by protracted displacement and limited or inexistent work opportunities, some refugee and migrant parents, and often children themselves, turn to those measures because they feel that they are the only option for safeguarding a child’s future or supporting a family’s immediate needs. For example, Syrian refugee girls are often forcibly married by their parents, who view such arrangements as a way of securing their daughters’ safety and ensuring the family’s livelihood through the dowry. Once married, those girls are likely to end up in a situation of sexual and domestic exploitation by a spouse whom they have followed abroad. The use of child and forced marriages to traffic girls into prostitution in another country is also common.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Girls
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 42
- Paragraph text
- Children are also coerced into criminal activities by adults or peers. For example, in refugee camps in Iraq and Lebanon, Syrian refugee children are trafficked for forced begging and selling items on the street. Moreover, trafficked children are often obliged or induced by their exploiters to commit crimes, such as pickpocketing, burglary and drug cultivation and transportation. On the route from the Horn of Africa to North-Eastern Africa, there have also been cases of trafficking for the purpose of organ removal. Although the extent of such crimes is unknown, children on the move travelling along these routes are also vulnerable to them.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 25
- Paragraph text
- In many conflict-affected countries, girls become victims of sexual exploitation, including forced marriage, sexual slavery, prostitution and forced pregnancy. The egregious pattern of girls abducted from their homes or schools in conflict-affected settings by extremist groups has also emerged. In Iraq, for example, girls from ethnic and religious minority groups such as the Yazidis continue to be subjected to sexual violence by Islamic State in Iraq and the Levant (ISIL). There are also reports of trafficking in and sale of children by ISIL. In Somalia, there is a pattern of forced marriage of girls to militants from groups such as Al-Shabaab and Ahl al-Sunna wal-Jama‘a and soldiers of the National Army.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Girls
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 26
- Paragraph text
- In addition to being a means for advancing their criminal endeavours, the sexual exploitation of children is further used by violent extremist groups to generate revenue, as part of the shadow economy of conflict and terrorism, through trafficking for the purpose of sexual exploitation, sexual slavery and the extortion of ransoms from desperate families. In some circumstances, girls are themselves treated as the “wages of war”, being gifted as a form of in-kind compensation or payment to fighters, who are then entitled to resell or exploit them as they wish. Such strategies are also believed to be a way of recruiting, rewarding and retaining fighters.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Girls
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 27
- Paragraph text
- In humanitarian crises, the pre-existing vulnerabilities of girls that are rooted in discriminatory traditions and customs persist and lead to negative coping mechanisms. Children seeking to survive are often compelled to exchange sexual services, and girls are even forced to marry for food, shelter, protection or safe passage. According to the Secretary-General, approximately 90 per cent of women and girls affected by conflict in north-east Nigeria do not have access to basic services. As a result, they are forced to exchange sex for food and other essential supplies, and the child or forced marriages of girls to older men are on the rise, as a supposed protection mechanism and source of income for desperate families.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- Children
- Girls
- Men
- Women
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 29
- Paragraph text
- Chaos in the aftermath of a natural disaster can also exacerbate the vulnerability to exploitation of the affected communities by making children more prone to accepting, for example, bogus offers of employment or education from traffickers or criminal networks. In order to support the family’s dire economic situation or meet their own needs, children are sold or trafficked for the purpose of labour exploitation. They may be entrusted by family members to people who promise to find them work either within or outside the country, or they may directly offer their services to employers and middle persons. Once in the hands of traffickers who prey on their eagerness to work and send money to the family, those children are forced into the worst forms of child labour.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 15
- Paragraph text
- Women’s right to a life free from gender-based violence is indivisible from and interdependent on other human rights, including the rights to life, health, liberty and security of the person, equality and equal protection within the family, freedom from torture, cruel, inhumane or degrading treatment, and freedom of expression, movement, participation, assembly and association.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2017
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 16
- Paragraph text
- Gender-based violence against women may amount to torture or cruel, inhuman or degrading treatment in certain circumstances, including in cases of rape, domestic violence or harmful practices. In certain cases, some forms of gender-based violence against women may also constitute international crimes.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 25
- Paragraph text
- In addition, both international humanitarian law and human rights law have recognized the direct obligations of non-State actors in specific circumstances, including as parties to an armed conflict. Those obligations include the prohibition of torture, which is part of customary international law and has become a peremptory norm (jus cogens).
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 31c
- Paragraph text
- [The Committee recommends that States parties implement the following protective measures:] Address factors that heighten the risk to women of exposure to serious forms of gender-based violence, such as the ready accessibility and availability of firearms, including their export, a high crime rate and pervasive impunity, which may increase in situations of armed conflict or heightened insecurity. Efforts should be undertaken to control the availability and accessibility of acid and other substances used to attack women;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Humanitarian
- Violence
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 39
- Paragraph text
- Moreover, in transit countries such as Libya, migrant girls are often exposed to sexual violence by parties to the conflict, as well as by smugglers, traffickers and other criminal groups. They face threats and sexual violence when held, sometimes for months, in detention centres and in poor conditions, and are also abducted and sexually abused by groups pledging allegiance to ISIL.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Girls
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 41
- Paragraph text
- For the girls involved, these coping mechanisms have dangerous short- and long-term implications that put them at increased risk of physical and emotional abuse. Such mechanisms also reduce the likelihood that a girl will complete schooling, a reality that can have negative repercussions throughout a girl’s life, including earlier childbearing, worse health outcomes and lower income.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Girls
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 47
- Paragraph text
- Effective procedures for the identification of sold, trafficked or otherwise exploited children or potential victims are needed in places where migrants or refugees reside, including reception centres, refugee camps or informal settlements, and in areas of arrival of large influxes of people fleeing conflict and humanitarian crisis. Too often, cases of missing children, who may be victims of trafficking, go unnoticed owing to a lack of reporting procedures.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 86a
- Paragraph text
- [In terms of cooperation and coordination, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Strengthen collaboration, data sharing and the exchange of good practices among Governments, humanitarian agencies and civil society on the identification, referral and assessment of children at risk of sale, trafficking and exploitation;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 54
- Paragraph text
- Children are entitled to adequate accommodation, giving priority to family-based and family-like solutions. Unaccompanied or separated children should be housed in specialized camps or at least in areas separated from adults. However, the availability of specific services to address the needs of children and the general circumstances faced by children largely depend on the facility where they are housed.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 57
- Paragraph text
- A lack of coordination among services and case management gaps have also been identified, in addition to a limited capacity or lack of protocols to address child sexual abuse in public hospitals located near the camps. The absence of trained female translators and adequate psychological support constitute additional obstacles in the implementation of protection mechanisms and have important consequences in the detection and referral of child trafficking and exploitation cases.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 85d
- Paragraph text
- [In terms of prevention and the promotion of rights, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Identify measures to prevent the sexual and labour exploitation of children, including by establishing accessible, safe and regular channels of migration, respecting the principle of non-refoulement and ensuring that, whenever relevant, migrant and refugee children have regular access to the labour market in the host country;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 31a (iv)
- Paragraph text
- [The Committee recommends that States parties implement the following protective measures:] Adopt and implement effective measures to protect and assist women complainants of and witnesses to gender-based violence before, during and after legal proceedings, including by: Providing women in institutions, including residential care homes, asylum centres and places of deprivation of liberty, with protective and support measures in relation to gender-based violence;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2017
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 30e (i)
- Paragraph text
- [The Committee recommends that States parties implement the following preventive measures:] Provide mandatory, recurrent and effective capacity-building, education and training for members of the judiciary, lawyers and law enforcement officers, including forensic medical personnel, legislators and health-care professionals, including in the area of sexual and reproductive health, in particular sexually transmitted infections and HIV prevention and treatment services, and all education, social and welfare personnel, including those working with women in institutions, such as residential care homes, asylum centres and prisons, to equip them to adequately prevent and address gender-based violence against women. Such education and training should promote understanding of the following: How gender stereotypes and bias lead to gender-based violence against women and inadequate responses to it;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2017
Paragraph