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Reparations to women who have been subjected to violence 2010, para. 12
- Paragraph text
- The notion of a right to reparation is located within the framework of the law of remedies and includes two aspects: procedural and substantive. Procedurally, remedies are the processes by which arguable claims of wrongdoing are heard and decided by competent bodies, whether judicial or administrative. Substantively, remedies consist of the outcomes of the proceedings and, more broadly, the measures of redress granted to victims. The law of remedies can serve both individual and societal goals, the underlying purposes of which include corrective justice, deterrence, retribution and restorative justice. It is the element of corrective justice focusing on fairness to the victim and redress measures aimed at "repairing" the wrongdoing that victims experience which will be the focus of this report.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Reparations to women who have been subjected to violence 2010, para. 13
- Paragraph text
- Although a coherent theory and practice for remedies for victims of human rights violations does not yet exist under international law, the right of individuals to reparation for the violation of their human rights has been increasingly recognized. Affirmed initially as a principle of inter-State responsibility, since the Second World War a shift of focus can be observed to national arenas and away from international disputes. The legal basis for a right to a remedy and, linked to it, a right to reparation has since become firmly enshrined in the corpus of international human rights and humanitarian instruments.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Reparations to women who have been subjected to violence 2010, para. 14
- Paragraph text
- The content of the obligation to provide reparations to the individual whose rights have been violated remains, however, far from clear. When referring to the remedies ensuing after a violation of a right, all human rights treaties use rather vague language. International human rights bodies that have jurisdiction to hear complaints often limit themselves to finding facts and issuing declaratory judgements or, at best, recommending that compensation of an unspecified amount be awarded to the claimants. More recently, however, in their observations to periodical country reports, the different human rights bodies have started to insist on the States' obligation to provide compensation and rehabilitation measures. Also, compensatory damages for both pecuniary and non-pecuniary injury and other non-pecuniary remedies are frequently afforded by regional human rights courts.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Reparations to women who have been subjected to violence 2010, para. 16
- Paragraph text
- The Basic Principles and Guidelines define the contours of State responsibility for providing reparation to victims for acts or omissions which can be attributed to the State. States are responsible for their failures to meet their international obligations even when substantive breaches originate in the conduct of private persons, as States have to exercise due diligence to eliminate, reduce and mitigate the incidence of private discrimination. In cases where a person or other entity is found liable for reparation to a victim, such party should provide reparation. The State should endeavour to establish national programmes for reparation and other assistance to victims in the event that the parties liable for the harm are unable or unwilling to meet their obligations. The State shall enforce domestic judgements for reparations against individuals or entities liable for the harm suffered and endeavour to enforce valid foreign legal judgements for reparations.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Reparations to women who have been subjected to violence 2010, para. 18
- Paragraph text
- The quantitative and qualitative differences between individual and gross and systematic violations might affect the scope and nature of remedies that can and should be afforded. For one thing, the idea of full reparation is virtually impossible in contexts of gross and systematic violations characterized by large numbers of victims and perpetrators, weak Governments, fragile economies, scarce governmental resources and huge reconstruction and development challenges. In such contexts, remedies may have to be adjusted to achieve goals other than that of compensating each individual victim in proportion to harm, including prioritizing the recognition of victims and promoting interpersonal trust and trust in the institutions of the new State order.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 62
- Paragraph text
- The testimonies compiled by the Special Rapporteur from victims of domestic violence who attempted to access the legal system show that, unless violence results in serious physical injuries, the police, prosecutors and judges still tend to minimize offences in the belief that domestic violence is a private matter. As such, they discourage victims from pursuing cases and promote conciliation, thus returning victims to situations of abuse. Cases of domestic violence are often treated as administrative rather than criminal offences, or are classified as misdemeanours, resulting in reduced or inappropriate sentences.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 69
- Paragraph text
- At the international level, the International Criminal Court has established mechanisms to ensure that gender-based crimes committed during armed conflict are dealt with appropriately. The Court's Victims and Witnesses Unit provides protection, support and other appropriate assistance to ensure the personal safety, physical and psychological well-being, dignity and privacy of those testifying. The services of the Victims and Witnesses Unit can be requested and provided at all stages of proceedings, from pre-trial/investigation to post-trial. Furthermore, the Court's Trust Fund for Victims is mandated to assist victims and administer court-ordered reparations. At a national level, the Victims and Witnesses Unit of the Special Court for Sierra Leone has developed a comprehensive package of protection and support and, according to follow-up research, witnesses who had been briefed and supported had a largely positive experience of the Court.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Humanitarian
- Personnes concernées
- All
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
Multiple and intersecting forms of discrimination and violence against women 2011, para. 59
- Paragraph text
- Human rights are universal in the sense that everyone is entitled to have their rights respected, protected and fulfilled no matter who they are or where they reside. Universality renders geographic location and social position impermissible bases on which to deny human rights, including the right to be free from violence. The "gendered theorization of human rights," incorporates "an intersectional approach to race, class, gender, sexuality and nation" where "no one right can be easily broken down into a singular issue, as rights are always already constituted through the social structural relations of multiple positionalities."
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
Gender-related killings of women 2012, para. 112
- Paragraph text
- Despite progressive jurisprudence from the regional human rights systems, often there is no mechanism to coordinate the implementation of the judgements at the national level, with some authorities stating that the absence of a special implementing law precludes fulfilment. It is argued that in order to facilitate compliance with such rulings, the creation of an international standard for the investigation of femicide, which ensures compliance with the guarantee of non-repetition, is necessary. An Action Protocol, aimed at the judiciary, prosecutors and political bodies, can outline guidelines for the prevention of and investigation into incidents of femicide.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
State responsibility for eliminating violence against women 2013, para. 15
- Paragraph text
- The Inter-American Court of Human Rights was the first human rights body to hold that the American Convention on Human Rights requires States to exercise due diligence to prevent attacks on a person's life, physical integrity or liberty on its territory and punish perpetrators and to restore the right violated and provide compensation for damages resulting from the violation. This was premised on the State obligation to ensure the applicant's human rights. The duty to prevent entails the use of all means of a legal, political, administrative and cultural nature to promote the protection of human rights and ensure that violations are considered and treated as illegal acts, leading to the punishment of responsible parties and the indemnification of victims. For due diligence to be satisfied, the formal framework established by the State must also be effective in practice.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
State responsibility for eliminating violence against women 2013, para. 38
- Paragraph text
- The obligation to ensure civil law remedies is set out in article 29, paragraph 2 of the Council of Europe Convention. This provision allows victims to seek justice and compensation against State authorities, if they have failed in their duty to diligently take preventive and protective measures. Failure to comply with this obligation can result in legal responsibility and civil law remedies, including damages for negligent and gross negligent behaviour. The extent of State authorities' civil liability remains governed by the internal law of the parties and they have the discretion to decide what kind of negligent behaviour is actionable.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
Violence against women as a barrier to the effective realization of all human rights 2014, para. 13
- Paragraph text
- Individuals cannot influence the decision-making processes affecting their lives, livelihoods and the life of their community without their human rights being respected, protected and fulfilled. Having a voice and stake in community action, requires active political participation and civic engagement in various areas of social, political, civil, and economic aspects of community life. Thus citizenship rights that embrace multiple sites of political participation and civic engagement, establish a relationship between individuals and the State and also among individual citizens. This implies not only rights and responsibilities, but also interaction and influence within the community. States, in turn, have an affirmative obligation to promote and protect all human rights, in order to enable the effective exercise of citizenship rights.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
Violence against women: Twenty years of developments to combat violence against women 2014, para. 34
- Paragraph text
- To ensure effective focus on the issue of sexual violence in armed conflict situations and their aftermath, the Security Council suggested that the Secretary-General appoint a special representative to provide coherent and strategic leadership and work effectively to strengthen existing United Nations coordinating mechanisms in addressing sexual violence in such situations. The Security Council urged States to adopt judicial reforms to address sexual violence; investigate all reports of sexual violence; and deploy a team of experts to investigate situations of sexual violence in armed conflict. The Security Council also called for more effective monitoring and reporting of issues of sexual violence within the United Nations system, targeted sanctions and more effective use of periodic field visits by its mechanisms.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- All
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
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. 35
- Paragraph text
- Systematic and adequate data collection is recognized as an essential component of effective policymaking and a crucial requirement for monitoring the implementation of measures. The Convention specifies the type of data to be collected for dissemination, by the national coordinating body, to relevant monitoring bodies. Chapter IX of the Convention contains detailed provisions concerning the monitoring system necessary for the implementation of the Convention, both nationally and regionally. States parties cannot make reservations regarding the monitoring provisions. States parties are required to set up government bodies at regional, national and local levels to coordinate, implement, monitor and evaluate relevant policies and measures.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
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. 34
- Paragraph text
- Systematic and adequate data collection is recognized as an essential component of effective policymaking and a crucial requirement for monitoring the implementation of measures. The Convention specifies the type of data to be collected for dissemination, by the national coordinating body, to relevant monitoring bodies. Chapter IX of the Convention contains detailed provisions concerning the monitoring system necessary for the implementation of the Convention, both nationally and regionally. States parties cannot make reservations regarding the monitoring provisions. States parties are required to set up government bodies at the regional, national and local levels to coordinate, implement, monitor and evaluate relevant policies and measures.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Multiple and intersecting forms of discrimination and violence against women 2011, para. 61
- Paragraph text
- There is growing consensus that human rights are interdependent and indivisible and that it is necessary to embrace an indivisible rights framework to address interdependent and interlocking oppressions and discriminations. In addition, social, economic, and cultural life must be seen as the condition precedent to the meaningful exercise of civil and political life. This is possible through recognizing the connection between civil, political, economic, cultural and social rights, and also through challenging the hierarchy, which privileges civil and political rights.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
State responsibility for eliminating violence against women 2013, para. 13
- Paragraph text
- The due diligence standard serves as a tool for rights holders to hold States accountable, by providing an assessment framework for ascertaining what constitutes effective fulfilment of a State's obligations, and for analysing its actions or omissions. An assessment framework is especially important where the potential infringement comes through a State's failure to act, as it can be difficult for rights bearers to assess if an omission constituted a violation of their right, in the absence of a normative basis for the appraisal.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
State responsibility for eliminating violence against women 2013, para. 14
- Paragraph text
- With regard to non-State actors, it has been argued that: "International human rights law requires a state to take measures - such as by legislation and administrative practices - to control, regulate, investigate and prosecute actions by non-state actors that violate the human rights of those within the territory of that state. These actions by non-state actors do not have to be attributed to the state, rather this responsibility is part of the state's obligation to exercise due diligence to protect the rights of all persons in a state's territory."
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
State responsibility for eliminating violence against women 2013, para. 51
- Paragraph text
- It is common for police officers to encourage informal resolution between the parties instead of arresting perpetrators, or they carry out dual arrests, by accusing victims of also behaving violently. Police officers sometimes allow their own personal gendered views to influence their decisions on whether to detain perpetrators or dismiss a case. In addition to lack of sensitivity and specialized gender training, police officers responses are also greatly limited in some cases simply by the lack of necessary resources to carry out their duties.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Violence
- Personnes concernées
- All
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
State responsibility for eliminating violence against women 2013, para. 65
- Paragraph text
- The challenges of political structures, whether federal systems or decentralization measures, do have an impact on law, policy and programmatic design, on the provision of financial support and service provision, and on responsibility and accountability, among other issues. Fragmentation, lack of coherence and consistency, and the possibility of politicization of issues is a reality in some contexts. This has an impact on State responsibility in the provision of substantive services in an equitable manner to all citizens.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
Violence against women as a barrier to the effective realization of all human rights 2014, para. 11
- Paragraph text
- Citizenship is both about belonging to a group or community and about the rights and responsibilities associated with such membership. It is not only an identity, but also a practice whereby people are able to meaningfully participate in shaping their societies through the exercise of their citizenship rights. Citizenship rights are broad, inclusive, interdependent and indivisible and are tied to citizens' participation in the lives of their communities and the articulation of their agency, underpinned by the norms of dignity, equality and non-discrimination.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
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. 40
- Paragraph text
- The Convention for the Protection of Human Rights and Fundamental Freedoms reflects Western European standards and morals as applicable to the European context. It entered into force on 3 September 1953. The Convention lists both substantive and ancillary rights, including the right to an effective remedy and the prohibition of discrimination. Subsequent amending protocols guarantee a number of other rights, including the right of equality between spouses (see Protocol No. 7, art. 5), and the general right not to suffer discrimination (see Protocol No. 12, art. 1).
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
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. 52
- Paragraph text
- The Commission applied the Convention of Belém do Pará for the first time in the seminal case of da Penha Maia Fernandes v. Brazil; it held that the State had failed to act with the due diligence required to prevent, punish and eradicate domestic violence and found the State responsible for a violation in respect of not having convicted or punished the perpetrator over a period of 17 years.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
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. 53
- Paragraph text
- The Commission applied the Convention of Belém do Pará for the first time in the seminal case of da Penha Maia Fernandes v. Brazil; it held that the State had failed to act with the due diligence required to prevent, punish, and eradicate domestic violence, and found the State responsible for a violation in respect of not having convicted or punished the perpetrator over a period of 17 years.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Adequacy of the international legal framework on violence against women 2017, para. 55
- Paragraph text
- Finally, some organizations underscored that any new treaty would also need a confidential complaints procedure that protected victims and ensured mandatory reporting and documentation of complaints and the provision of services, resources and reparation.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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. 39
- Paragraph text
- The Convention for the Protection of Human Rights and Fundamental Freedoms reflects Western European standards and morals as applicable to the European context. It entered into force on 3 September 1953. The Convention lists both substantive and ancillary rights, including the right to an effective remedy and the prohibition of discrimination. Subsequent amending protocols guarantee a number of other rights, including the right of equality between spouses (see Protocol No. 7, art. 5) and the general right not to suffer discrimination (see Protocol No. 12, art. 1).
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 57
- Paragraph text
- The due diligence standard has challenged the traditional codification of international law that limited States' responsibility regarding human rights to the public sphere. It has now become clear that, by failing to respond to violence perpetrated in private spaces including intimate partner violence and/or domestic violence, States may be held responsible for not fulfilling their obligation to protect and punish violence and abuse in a non-discriminatory way.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
Reparations to women who have been subjected to violence 2010, para. 30
- Paragraph text
- As traditionally conceived, the remedy of reparation for the violation of a certain right required investigating certain facts to determine whether the violation had taken place; determining the harm ensuing from the violation; identifying responsibility for the violation; and determining measures of redress aimed at returning the victims to where they were before the violation took place.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Reparations to women who have been subjected to violence 2010, para. 58
- Paragraph text
- Symbolic reparation measures are designed as measures offering satisfaction that, by giving victims due recognition, can also facilitate a process of moral and social rehabilitation on an individual and collective level. Official apologies, commemorative events, renaming of streets and public facilities, establishing remembrance days, building monuments, museums and memorials may all help victims feel duly recognized.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Multiple and intersecting forms of discrimination and violence against women 2011, para. 25
- Paragraph text
- Interpersonal violence includes such forms of abuse as economic, psychological, sexual, emotional, physical and verbal threats and actions. These forms of violence are prevalent in all societies, though experienced and understood within distinct societal responses and world views. Such forms of violence are well known and understood and will not be elaborated on in this report.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- All
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe