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Adequacy of the international legal framework on violence against women 2017, para. 86
- Paragraph text
- The Special Rapporteur highlights that, apart from the Committee, a variety of international and regional human rights bodies and independent experts are working on the issue of violence against women. These bodies have all developed a rich jurisprudence, general comments and recommendations relating to the right of women and girls not to be subjected to violence, which in certain circumstances may amount to torture or cruel, inhuman or degrading treatment, denial of the right to health and other human rights. There are regional treaties and treaty bodies looking specifically at gender-based violence in Africa, the Americas and Europe. There are also independent experts in Africa and the Americas. However, these instruments need more incorporation and implementation, including through sustained funding of expert monitoring mechanisms to carry out their work, to facilitate coordination and to share best practices, information and insights. This urgency to support existing good work is even more compelling given the high priority dedicated to the eradication of violence against women in the Sustainable Development Goals.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 83
- Paragraph text
- A holistic approach to dealing with violence requires an understanding that such violence is situated along a continuum both in terms of time and space, and the varied forms and manifestations reflect this. Although some categorization might be useful in terms of the provision of services for victims, such as clinical, psychosocial or legal, a holistic perspective sees all forms of abuse qualitatively impacting the economic, social, cultural and political well-being of women, of their communities and of the State. States must acknowledge that violence against women is not the root problem, but that violence occurs because other forms of discrimination are allowed to flourish. By situating violence along a continuum, States may appropriately contextualize violence and recognize that the deprivation of water, food, and other human rights can be just as egregious and debilitating as family violence. Although these forms of violence are by no means the same, they can be viewed as parallel and similar when considering their interrelationship.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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. 66
- Paragraph text
- The concerns raised more than 20 years ago and further highlighted by the Special Rapporteur in her reports reinforce the view that it is time to consider the development and adoption of a binding international instrument on violence against women and girls. Such an instrument should ensure that States are held accountable to standards that are legally binding, provide a clear normative framework for the protection of women and girls globally and have a specific monitoring body to substantively provide in-depth analysis of both general and country-level developments. With a legally binding instrument, a protective, preventive and educative framework could be established to reaffirm the commitment of the international community to its articulation that women's rights are human rights and that violence against women is a human rights violation in and of itself.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
State responsibility for eliminating violence against women 2013, para. 75
- Paragraph text
- The due diligence standard requires that remedies not only formally exist, but that they are available and effective. The due diligence obligation in respect of remedies cannot be just about returning women to the situation they were in before the individual instance of violence, but instead should strive to have a transformative potential. This implies that remedies should aspire, to the extent possible, to subvert instead of reinforce pre-existing patterns of cross-cutting structural subordination, gender hierarchies, systemic marginalization and structural inequalities that may be at the root cause of the violence that women experience. As the Special Rapporteur argued in her 2010 report, the notion of a right to reparation is located within the framework of the law of remedies and can serve both individual and societal goals, the underlying purposes of which include corrective justice, deterrence, retribution and restorative justice (A/HRC/14/22, para. 12). Reparations should include a gender perspective, more so when dealing with women victims of acts of discrimination and violence, including in the spheres of satisfaction, rehabilitation, guarantees of non-repetition and compensation.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 101
- Paragraph text
- While deciding on the measures needed, States should focus on the implementation of existing standards, continue cooperating on ways to combat violence against women, including at the international level, and recognize that any solution should be multifaceted and may include the convening of an intergovernmental working group on violence against women.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 99
- Paragraph text
- States should strengthen the implementation of general recommendation No. 35 and, by that means, test the need for a substantive optional protocol on violence against women or a mere procedural protocol along the lines of the Optional Protocol to the Convention against Torture.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 98e
- Paragraph text
- [United Nations intergovernmental bodies should undertake to do the following:] Ensure stronger support of the wider United Nations system, including relevant agencies, for combating violence against women.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 98c
- Paragraph text
- [United Nations intergovernmental bodies should undertake to do the following:] Include violence against women and access to criminal justice as regular items of the Commission on Crime Prevention and Criminal Justice;
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 98b
- Paragraph text
- [United Nations intergovernmental bodies should undertake to do the following:] Organize panel discussions on the implementation of the recommendations of the Committee on the Elimination of Discrimination against Women and of the Special Rapporteur on violence against women during the sessions of the Commission on the Status of Women;
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 98a
- Paragraph text
- [United Nations intergovernmental bodies should undertake to do the following:] Organize each year during one of the sessions of the Human Rights Council a panel on violence against women to discuss the achievements of global and regional independent mechanisms dealing with such violence;
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 97d
- Paragraph text
- [States, United Nations entities, independent mechanisms and other stakeholders should undertake to do the following:] Strengthen the cooperation of the Special Rapporteur on violence against women with the United Nations trust fund as envisaged in the trust fund founding resolution.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 97c
- Paragraph text
- [States, United Nations entities, independent mechanisms and other stakeholders should undertake to do the following:] Support the strengthening of cooperation of the Special Rapporteur on violence against women with other treaty bodies dealing with violence against women;
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 97a
- Paragraph text
- [States, United Nations entities, independent mechanisms and other stakeholders should undertake to do the following:] Establish institutional links and support cooperation on thematic issues between independent global and regional mechanisms on gender equality and violence against women, namely the Special Rapporteur on violence against women, the Committee on the Elimination of Discrimination against Women, the Working Group on the issue of discrimination against women in law and in practice, the Inter-American Commission on Human Rights Rapporteur on the rights of women, the group of experts of the Council of Europe on action against violence against women and domestic violence, the Special Rapporteur on the rights of women in Africa, the follow-up mechanism to the implementation of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women and the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children, through regular meetings and discussions on the implementation of the results of those meetings through the creation of a coherent and integrated approach, with a view to both ensuring that there is no fragmentation or inconsistency in recommendations and supporting effective and strong national and international mechanisms;
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
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;
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 96c
- Paragraph text
- [The Special Rapporteur makes the following specific recommendations:] States should allocate adequate financial and human resources for the implementation of integrated legislation, policies, measures and programmes to prevent and combat gender-based violence against women, including appropriate financial and human resources for the related monitoring bodies;
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Vision-setting report 2016, para. 81
- Paragraph text
- Notwithstanding the need to develop synergies between the international and regional human rights systems further, the Special Rapporteur considers it important to continue the discussion on the adequacy of international, regional and national legal frameworks to prevent and combat violence against women. In that respect, it is also important to consider new developments, such as the work of the Committee on the Elimination of Discrimination against Women in updating its general recommendation No. 19, in which the Special Rapporteur participated, which will incorporate the latest developments at the national, regional and international levels, and build upon the growing jurisprudence and work of the Committee, and the work of the Special Rapporteur. The update could indeed provide useful and very much needed additional guidance on steps that should be taken to address gender-based violence whenever it occurs and to speed up its elimination. The mandate holder calls for an inclusive participatory process in updating general recommendation No. 19. Complementary to that work, the Special Rapporteur also calls for renewed attention to the Declaration on the Elimination of Discrimination against Women, and in particular the need for States to consider the possibility of developing guidelines to assist in the implementation of the principles set forth in it.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Vision-setting report 2016, para. 80
- Paragraph text
- In the view of the Special Rapporteur, there is a general lack of a holistic, comprehensive approach to combating and preventing gender-based violence and the fragmentation of various policies and legislation addressing violence against women and women's rights. One of the Special Rapporteur's key priorities will be to contribute to closing the gap in implementing existing international and regional instruments on violence against women, and to protect victims by providing them with adequate support services and effective remedies, and by prosecuting perpetrators. The mandate holder is convinced that the mandate has an important role to play in promoting synergies among existing international and regional instruments and systems on violence against women, with the purpose of accelerating and achieving their full implementation. She considers it important to improve synergies among the implementation of the Beijing Platform for Action and the Convention on the Elimination of All Forms of Discrimination against Women with the Optional Protocol thereto, the Declaration on the Elimination of Discrimination against Women and Security Council resolution 1325 (2000), and to follow up on resolutions and/or regional instruments on violence against women, to achieve their full implementation and to accelerate the elimination of violence against women.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
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. 63
- Paragraph text
- In previous reports, the Special Rapporteur has expressed her concern about the current practice of "normativity without legality" in the United Nations, as reflected in the endorsement of principles by States, through resolutions and declarations, but without the development and adoption of a dedicated, specific binding legal framework that establishes all forms of violence against women as a specific, grave and widespread human rights violation. The limited and indirect addressing of violence against women as a form of discrimination that falls under the interpretation of the Convention on the Elimination of All Forms of Discrimination against Women as reflected in general recommendation No. 19 is of persuasive value, but is not legally binding. The present report highlights that the addressing of violence against women as a human rights violation, in and of itself, is reflected only in the three regional legally binding instruments discussed above.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
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. 64
- Paragraph text
- The concerns raised more than 20 years ago, prior to the development and adoption of the Declaration on the Elimination of Violence against Women, and highlighted by the mandate of the Special Rapporteur over the past 20 years, reinforce the view that it is time to consider the development and adoption of a United Nations binding international instrument on violence against women and girls, with its own dedicated monitoring body. Such an instrument should ensure that States are held accountable to standards that are legally binding, it should provide a clear normative framework for the protection of women and girls globally and should have a specific monitoring body to substantively provide in-depth analysis of both general and country-level developments. With a legally binding instrument, a protective, preventive and educative framework could be established to reaffirm the commitment of the international community to its articulation that women's rights are human rights, and that violence against women is a human rights violation, in and of itself.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Violence against women as a barrier to the effective realization of all human rights 2014, para. 71
- Paragraph text
- The concerns raised prior to the development and adoption of the Declaration on the Elimination of Violence against Women, and subsequently reinforced by the work of the mandate holder over the past 20 years, give rise to the view that it is time for the international community to consider the adoption of a binding international convention or protocol on violence against women and girls, which should include a separate monitoring body. An international convention on the elimination of violence against women or an optional protocol to the Convention on the Elimination of All Forms of Discrimination against Women would ensure that States are held accountable to standards that are legally binding and that provide a clear normative framework for the protection of women and girls globally, one which would have a specific monitoring body to substantively provide in-depth analysis of both general and country-level developments. A legally binding international instrument would provide a function that is protective and preventative, as well as educative. Recognition that women's rights are human rights and that violence against women is a human rights violation demands this measure of commitment.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Gender-related killings of women 2012, para. 116c
- Paragraph text
- [In cases involving gender-related killings, the international and regional human rights systems have included some of the following standards regarding the due diligence obligations of States:] Include in the obligation of access to justice a requirement to treat women victims and their relatives with respect and dignity throughout the legal process;
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Gender-related killings of women 2012, para. 109
- Paragraph text
- The lack of adequate assessment of risk, the lack of enforcement by police and the judiciary of civil remedies and criminal sanctions, and the absence or inadequate provision of services, such as shelters, also exacerbate the risk of women of being abused and murdered, as often women have no choice but to continue living with their abusers.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Gender-related killings of women 2012, para. 107
- Paragraph text
- In February 2009 the Statistical Commission, in response to a request from the General Assembly, adopted a set of indicators that can document the prevalence of violence against women. The indicators proposed include: degree, frequency, relationship with the perpetrator, victim's age, and records of murder cases. According to the information gathered to date, no country has all the information necessary to calculate and create the proposed indicators.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Violence against women with disabilities 2012, para. 98k
- Paragraph text
- [The Special Rapporteur recommends the following measures:] United Nations agencies and programmes should be increasingly engaged in the issue of violence against women with disabilities, including in the production of specific reports on the implementation of the Convention on the Rights of Persons with Disabilities;
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Violence against women with disabilities 2012, para. 98f
- Paragraph text
- [The Special Rapporteur recommends the following measures:] States should ensure that the justice sector is responsive to and supportive of women with disabilities who report cases of violence; should support innovative justice services, including one-stop shops, legal aid and specialized courts, in order to ensure substantive and procedural access to justice; and should involve women with disabilities in shaping and restructuring the legal system;
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Violence against women with disabilities 2012, para. 94
- Paragraph text
- Ratification of the Convention on the Rights of Persons with Disabilities, the Convention on the Elimination of All Forms of Discrimination against Women and other international law instruments is widespread. However, it has been difficult to assess effective implementation of those instruments with regard to preventing and responding to violence against women with disabilities.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Reparations to women who have been subjected to violence 2010, para. 82
- Paragraph text
- This report shows how the legal bases for a right to a remedy have been increasingly recognized in the corpus of international human rights and humanitarian instruments. Although among victims of violence, women have been especially neglected, the report examines significant substantive and procedural trends to reverse this, both in the discussion and in the practice of reparations, at national and international levels.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 91
- Paragraph text
- The Special Rapporteur supports the interpretation of violence against women as a form of discrimination against women and girls and a human rights violation. Therefore, the option of creating a separate treaty would expose the existing legal framework under the Convention on violence against women to the risk of isolating provisions aimed at addressing gender-based violence against women from the structural causes of discrimination against women.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Gender-related killings of women 2012, para. 114
- Paragraph text
- In 2007, the Economic Commission for Latin America and the Caribbean concluded that to end violence against women, it is imperative that it become a focus of public agendas: firstly, as a human rights violation, secondly, because violence is an obstacle for development and, finally, because it is a key issue for democracy and governance. In this sense, the elimination of violence against women is based on three pillars: legal protection, public policies and a culture of respect without discrimination.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph