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Adequacy of the international legal framework on violence against women 2017, para. 67
- Paragraph text
- Some also suggested the creation of a “femicide watch”, while others suggested the creation of an international watch centre for violence against women, which would include annual reports on each country’s “project implementing and monitoring committees”, which could be an international grouping of civil society organizations. Local monitoring organizations could meet monthly at the district level, and quarterly at the state and national level, to evaluate outcomes and achievements with regard to integrating international and regional standards into monitoring processes and including exchanges and forums between lawyers, women’s organizations, government leaders and local communities.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Violence
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 28
- Paragraph text
- Several organizations stressed that it was important to situate analysis on violence against women within a broader gender equality context across the range of gender-based discrimination, and that therefore the Convention was still framing the issue on the basis of the best interpretative approach. According to those sources, it was a priority to focus on the structural issues — personal status law, women’s economic marginalization and inequality — that permitted violence against women to persist, and it would be inconsistent to address them in isolation from gender discrimination more generally.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Violence
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 57
- Paragraph text
- Civil society organizations supporting this proposal highlighted the existing international human rights law and regional mechanisms, which imposed extensive and detailed obligations on States to address gender-based violence against women. The Convention especially, and the practice of the Committee, had played a vital role in expanding and framing the articulation of violence against women as a human rights violation and as discrimination under the Convention, attaching legally binding State obligations to respect, protect and guarantee fulfilment of those rights. In adopting general recommendation No. 19, the Committee had recognized gender-based violence against women as a form of discrimination and obligated states to adopt legal measures and policies to prevent various forms of such violence, protect survivors of such violence and ensure that its perpetrators were punished.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Violence
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 61
- Paragraph text
- Currently, global monitoring and advisory bodies such as the Committee and the mandate of the Special Rapporteur already accomplish a significant amount of work in monitoring and supporting State compliance with international standards for gender-based violence against women. It would be challenging to see how another global-level monitoring mechanism could address the critical issues related to violence against women, when in all likelihood, the structure, powers, mandate and resources of such a mechanism would be analogous to those of the current global bodies whose successful impact and engagement with member States depend on various factors, including political will, the competition for scarce resources at the country level, the determinants of human rights-compliant culture that exist in that State and other sociopolitical factors.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Violence
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 13
- Paragraph text
- Given this premise, the Special Rapporteur invited global and regional human rights mechanisms that monitor the implementation of international and regional instruments on violence against women to send their views and inputs on the need for a new instrument on violence against women and the existing gaps and shortcomings in the implementation and incorporation of the current legal framework. Their responses were collected and summarized in the report to the General Assembly. In the preparation of the present report, the Special Rapporteur invited all other stakeholders, including States, non-governmental organizations (NGOs), other special procedures mandate holders and treaty bodies, as well as national human rights institutions and members of academia, to send their views and inputs in response to a call for submissions on this issue that was published on her official web page. The Rapporteur indicated that, after collection of their responses, a comprehensive assessment would be carried out on the adequacy of the international framework on violence against women and possible actions needed.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Violence
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 22
- Paragraph text
- The Special Rapporteur notes that, while the Committee on the Elimination of Discrimination against Women, the group of experts of the Council of Europe on action against violence against women and domestic violence, the ASEAN Intergovernmental Commission on Human Rights and the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children did not endorse the proposal for a new stand-alone instrument on violence against women, the Special Rapporteur on the rights of women in Africa encouraged the creation of a new treaty. At the same time, the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women and the Working Group on the issue of discrimination against women in law and in practice would support a supplementary protocol to the Convention on the Elimination of All Forms of Discrimination against Women as a long-term solution.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Violence
- Personas afectadas
- Children
- Women
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 84
- Paragraph text
- The submissions received from civil society organizations on the adequacy of the existing legal framework represent a great diversity of responses. These views, together with those of the Committee on the Elimination of Discrimination against Women and regional mechanisms, have been an extremely enriching contribution to the debate on the adequacy of the legal framework on violence against women. Almost all submissions emphasized the role of the Convention on the Elimination of All Forms of Discrimination against Women as a dynamic, living instrument that encompasses violence against women as a form of discrimination against women and the progressive interpretation of the Convention through the adoption of successive general recommendations on violence against women by the Committee, as well as other related subjects, such as the core obligations on States to implement the Convention, access to justice (general recommendation No. 33 (2015) on women’s access to justice) and the rights of women and girls in conflict and post-conflict situations (general recommendation No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations), along with all the other general recommendations. A significant number of submissions pointed out that the lack of a specific global treaty on gender-based violence against women had important symbolic value and further indicated that a new treaty could have an important role in galvanizing implementation at the State level. That symbolic value and potential to act as a catalyst for change was particularly compelling in the broader Asia-Pacific and Middle East regions, which were the only ones that did not have a specific regional treaty on violence against women.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Humanitarian
- Violence
- Personas afectadas
- Girls
- Women
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 40
- Paragraph text
- In relation to Convention norms and standards, civil society organizations highlighted that international instruments should focus on further clarifying State obligations to reflect the current complexities of global political and economic systems that had contributed to the perpetuation of gender-based violence against women, as well as acted as a barrier to eliminating gender-based violence against women. The increasing incidence of gender-based violence against women committed by entities such as corporations and non-State military actors, owing to the power imbalance caused by the prevalence of neo-liberal economic policies and increasing armed conflict, should be reflected in instruments of the Convention. Civil society organizations further suggested that the Committee should expand upon the definition of non-State actors and identify the scope of obligations imposed upon them. Extra focus should also be dedicated to spelling out more detailed State obligations concerning laws and policies aimed at eliminating gender-based violence against women. For instance, common references to substantive, evidentiary and procedural laws that represented an obstacle for survivors of violence seeking justice should be outlined. In reflecting national practices, the Committee could also draw upon good practices of States in implementing legal, policy or programmatic approaches and solutions in addressing gender-based violence against women. Finally, civil society organizations agreed that the updating of general recommendation No. 19 by the Committee provided an opportunity for such synergies.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Humanitarian
- Violence
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 96f
- Paragraph text
- [The Special Rapporteur makes the following specific recommendations:] States should repeal all provisions and procedures that are discriminatory against women and girls, and that thereby facilitate and allow for the toleration of any form of gender-based violence against them, including legislation justifying harmful practices against women, but also abrogate or modify those gender-neutral laws and policies which may prevent women and girls from fully enjoying their human rights in both the private and public spheres;
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Violence
- Personas afectadas
- Girls
- Women
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 54
- Paragraph text
- Civil society organizations underlined that boys and men should be addressed in the treaty as both perpetrators and potential allies for change. In addition, the correlation of violence against women with violence against children, whether boys being witnesses to domestic violence against their mothers or children of all gender identities being subjected to corporal punishment, needed to be made clear and solutions needed to be part of the treaty.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Violence
- Personas afectadas
- Boys
- Children
- Men
- Women
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 96e
- Paragraph text
- [The Special Rapporteur makes the following specific recommendations:] States should ratify without reservation the existing international and regional instruments addressing gender-based violence against women and properly implement them at the national level;
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Violence
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 25
- Paragraph text
- In terms of general consideration of the submissions received from civil society organizations, the Special Rapporteur highlights that, primarily, such organizations showed that they were concerned about what some consider the “soft law” character of the current legal framework on violence against women, combined with the fragmentation of the current legal framework, several substantive gaps and inconsistencies present in the current instruments, and the fact that their implementation remains weak, particularly at the national level. Concerning the opportunity to create a new legal instrument, while the idea was endorsed by a majority of civil society organizations, several submissions highlighted that there were ways of addressing some issues and introducing new practical measures without the need for a new treaty. Others pointed out that there was a considerable political risk in seeking to negotiate a new treaty, which might encompass lower standards than those already widely accepted. Finally, among the main issues identified by civil society, there was a need for States to adequately resource measures for the prevention of, protection against and prosecution of perpetrators, as well as for reparations for victims and survivors.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Violence
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 71
- Paragraph text
- Notwithstanding the existence of international and regional norms and standards on violence against women, the Special Rapporteur observed an overall lack of holistic and comprehensive approaches to combating, preventing and punishing violence against women. As highlighted in her vision-setting report, there is a certain fragmentation of and disconnection between the global and regional instruments and agendas addressing violence against women, such as the Declaration on the Elimination of Discrimination against Women, Security Council resolution 1325 (2000) and subsequent associated resolutions, the Beijing Platform for Action, the Convention on the Elimination of All Forms of Discrimination against Women, and the mechanisms in charge of monitoring their implementation. The implementation of such standards is still ineffective at the national level, owing also to the lack of a coordinated legal and policy framework aimed at addressing gender-based violence.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Violence
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 85
- Paragraph text
- The Special Rapporteur believes that the lack of full incorporation and application of international norms at the domestic level, including the Convention and other instruments, is the main challenge faced in addressing gender-based violence against women. This problem should be more vigorously addressed by the different measures recommended in the present report, among which is the examination of the adequacy of the current legal framework. The Special Rapporteur believes that a global implementation plan on violence against women could be a proper response to address all initiatives and proposals contained in the numerous submissions received.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Violence
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 11
- Paragraph text
- The mandate holder started her tenure on 1 August 2015 and acquired the work carried out by her predecessor on the adequacy of the legal framework on violence against women (A/HRC/26/38, A/69/368 and A/HRC/29/27), in particular, her proposal to “examine the normative gaps within the existing international binding legal frameworks, and address more specifically the legal gaps in protection, prevention and accountability in respect of violence against women”. The current Special Rapporteur presented the report of her predecessor to the General Assembly and decided to continue discussing this question by inviting all stakeholders to send their views and perspectives on the adequacy of the current legal framework on violence against women.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Violence
- Personas afectadas
- N.A.
- Women
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 19
- Paragraph text
- The Association of Southeast Asian Nations (ASEAN) Intergovernmental Commission on Human Rights considered that there was no need for a separate legally binding treaty on eliminating violence against women. The ASEAN Commission on the Promotion and Protection of the Rights of Women and Children believed that it was not necessary to have a separate legally binding treaty focused on violence against women with its own monitoring body because of the existence of the Convention on the Elimination of All Forms of Discrimination against Women and general recommendation No. 19, as such a treaty would compete for attention and resources. The ASEAN Commission on the Promotion and Protection of the Rights of Women and Children indicated that reporting to another monitoring body would constitute an additional burden on Governments in terms of resources. It noted that the consolidation and institutionalization of the Convention would be the best strategy, instead of imposing another treaty that might undermine the power and authority of the Committee.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Personas afectadas
- Children
- Women
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 29
- Paragraph text
- Civil society organizations also claimed that the current framework failed to address violence against women in specific contexts such as violence against women in conflict; situations of “invisible violence”, namely economic violence and psychological violence against, for instance, women belonging to minority groups; and the specific experiences of children exposed to violence against women. They also pointed out that, among the substantive issues that were missing in the current legal framework, there was the need to create an intersectionality of approach, including the initiatives by the Committee on the Rights of the Child, the Committee on Economic, Social and Cultural Rights, the Human Rights Council and the Committee on the Elimination of Racial Discrimination.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Violence
- Personas afectadas
- Children
- Ethnic minorities
- Women
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 56
- Paragraph text
- With regard to arguments against the creation of a new treaty and proposals to strengthen the existing instruments, several submissions highlighted that a new treaty was “not necessary or wise at present; instead political will and resources should be directed towards full implementation of existing international and regional standards”. Several civil society organizations suggested that it would be better to strengthen existing obligations than take the risk of a new negotiation; the effort of lobbying for a good treaty would be expensive and would be a huge burden, including on their own resources. These organizations believed that any new additional measures taken should not be aimed at creating new obligations on States to address gender-based violence against women, but should instead serve the purpose of reinforcing the already existing standards and jurisprudence of regional and international treaty bodies on such violence, and enhance the accountability of State responses to the causes and consequences of gender-based violence against women.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Violence
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 44
- Paragraph text
- Some civil society organizations endorsing the idea of a new treaty also proposed the creation of a new international treaty monitoring body and suggested that it could be either a subcommittee of the Committee on the Elimination of Discrimination against Women or an entirely new treaty body. They highlighted that in any case, however, the Committee needed more resources in terms of time and human resources.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 97b
- Paragraph text
- [States, United Nations entities, independent mechanisms and other stakeholders should undertake to do the following:] Support the strengthening of cooperation between the Committee and the Special Rapporteur on violence against women, as envisaged in the founding resolutions of the mandate, through regular thematic meetings on violence against women, especially ways to implement general recommendation No. 35;
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Violence
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 51
- Paragraph text
- With a view to guaranteeing solid implementation, any future legal instrument should also be accompanied by a well-funded and resourced ratification campaign and build on women’s agency rather than a protectionist approach. In addition, such an instrument should address non-State actors such as businesses, enterprises and corporations.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 102
- Paragraph text
- In any case, the decision related to the necessity of any new instrument or a global action plan on violence against women should be assessed and discussed through proper inclusive consultations carried out by the States Members of the United Nations and the State parties to the Convention, with the participation of independent global and regional mechanisms, non-governmental organizations, national human rights institutions and all other stakeholders. The mandate of the Special Rapporteur stands ready to further contribute to such discussions.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Violence
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 46
- Paragraph text
- Civil society organizations considered that the details of States’ “respect, protect, fulfil” obligations should be openly spelled out, including with clear parameters for showing when there was a violation of human rights. There was also a need for specific language to highlight the responsibility of States for the actions of non-State actors.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 63
- Paragraph text
- Further innovative proposals offered by civil society organizations included using the Sustainable Development Goal target on gender-based violence as a method of accountability. Questions arose about the Committee being able to more intensively monitor the implementation of general recommendation Nos. 19 and 35, using its own existing legal powers, even to create a subcommittee on violence against women.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Violence
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 70
- Paragraph text
- The Special Rapporteur believes that law enforcement bodies and national agencies are frequently unequipped to respond to the needs of survivors of gender-based violence against women. Owing to the lack of sensitization and the stigma attached to such violence, survivors often face revictimization during the investigative, judicial and prosecutorial processes. Women who belong to relegated groups face further discrimination.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Violence
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 27
- Paragraph text
- Regarding the adequacy of the current legal framework, civil society organizations highlighted that there was a need for a total reconceptualization of human rights to include women’s rights and to transmit to the world a powerful message about the unacceptability of gender-based violence.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Violence
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 38
- Paragraph text
- Several civil society organizations proposed that any new measures taken to accelerate the prevention and elimination of violence against women should build upon existing legal obligations and the international commitment of States under the Convention to take measures to eliminate gender-based violence against women and comprehensively address gender-based violence against women, including any normative and implementation gaps in domestic laws and policies.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Violence
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 47
- Paragraph text
- Civil society organizations added that a new treaty could make clear the necessity to ensure consistency across different domestic legal regimes. In some States, domestic violence might be a criminal offence, but it was still intrinsically accepted through other procedures, such as mediation and conciliation in family law proceedings.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- Families
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 66
- Paragraph text
- The Secretary-General could be asked to convene a high-level panel on intensifying efforts to prevent and eliminate all forms of violence, especially violence and discrimination against indigenous women and girls. States could increase regional monitoring and interregional cooperation; the Great Lakes treaty processes have been praised in that regard.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- Ethnic minorities
- Girls
- Women
- Año
- 2017
Párrafo
Adequacy of the international legal framework on violence against women 2017, para. 79
- Paragraph text
- The Special Rapporteur endorses the Committee’s interpretation that “State practice and opinio juris suggest that the prohibition of gender-based violence against women has evolved into a principle of customary international law”. The Committee also emphasizes the role of civil society in eliminating violence against women and the profound social and political impact of the activities of civil society.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Violence
- Personas afectadas
- Women
- Año
- 2017
Párrafo