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Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 45
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- The Special Rapporteur's visits to El Salvador, Kyrgyzstan and Zambia - all three source, transit and destination countries for human trafficking - indicated strong commonalities with regard to trafficking of women and children. In Kyrgyzstan, trafficking of women and children became increasingly common during the country's transition period and continues to be a problem. While there are no reliable statistical data with respect to the prevalence of trafficking, a Government report noted that 98 per cent of trafficking victims are women and girls between 15 and 30 years of age. Offers of false employment in urban areas lure young women and girls from rural areas to move to cities, or abroad, where they are forced into sexual exploitation. One young woman interviewed during the visit, who had come to Bishkek to seek employment, was lured to a house in the outskirts of the city where she was locked up for months and forced to have sex with clients. Due to fear of retaliation, she had not reported the case to the police and was even afraid to walk the streets. Similarly, in El Salvador the Special Rapporteur found that the majority of victims of trafficking were women and girls transferred from rural to urban areas in the country. Insufficient measures to ensure victim and witness protection, lack of support services and ineffective responses by law enforcement officials contributed to underreporting of the phenomenon.
- 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
- Children
- Girls
- Women
- Youth
- Year
- 2011
- 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. 72
- Paragraph text
- The principles discussed above were articulated by the Inter-American Court of Human Rights in its 2009 ruling of Gonzalez et al. ("Cotton Field") v. México. In this case, concerning the abduction, killing and sexual violence of two children and a young woman by non-State actors in 2003, the Court broadly interpreted the State's obligations to exercise due diligence to prevent, investigate and impose penalties for violence against women. The decision is seminal in that the Inter American Court for the first time embraced the concept of gender-sensitive reparations with a transformative approach. It held that in a situation of structural discrimination, reparations should aim at transforming such situation, thus aspiring not only to restitution but also to correction. It spelled out the criteria to be applied for the assessment of reparations, which include the following: (i) reparations should have a direct connection with the violations found by the Court; (ii) they should repair in a proportional manner pecuniary and non-pecuniary damages; (iii) they cannot be a source of enrichment or impoverishment; (iv) restitution is an aim but without breaching the principle of non-discrimination; (v) reparations should be "oriented to identify and eliminate the structural factors of discrimination"; (vi) they should take into account a gender perspective; and (vii) take into account all the measures alleged by the State to have been taken to repair the harm.
- 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
- Youth
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Pathways to, conditions and consequences of incarceration for women 2013, para. 38
- Paragraph text
- A recent study uncovered cases of rape of female political prisoners in the Islamic Republic of Iran throughout the 1980s, including the rape of young virgin girls before execution, forced marriages and other forms of sexual violence, some of which continues today. In July 2011, a female prisoner committed suicide after violent beatings, including with electronic batons. The Special Rapporteur on the situation of human rights in the Islamic Republic of Iran states that a prisoner alleged that prison guards tortured her by subjecting her to sleep and toilet deprivation, keeping her in a standing position for hours, burning her with cigarettes, exposing her to extreme temperatures for extended periods of time and punching, kicking and striking her with batons (A/67/369, para. 27).
- 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
- Girls
- Youth
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Reparations to women who have been subjected to violence 2010, para. 77
- Paragraph text
- In November 2009 the Inter-American Court ruled in what will undoubtedly become a landmark case in the field of reparations for women: Cotton Field v. Mexico. This case concerns the abduction, killing and sexual violence of two minors and a young woman by non-State actors in 2003, and the subsequent failure of the State to diligently investigate, prosecute and punish the perpetrators and to treat the relatives of the deceased in a dignified way. The Court found that the State of Mexico violated the rights to life, freedom, personal integrity, access to justice and legal remedies and the right not to be discriminated against on the grounds of sex under the American Convention. It also considered that Mexico had infringed its obligations by failing to apply due diligence to prevent, investigate and impose penalties for violence against women or its duty to provide adequate responses in the legal system to punish and eradicate violence against women, thereby infringing the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women. This decision is seminal in that it is the first time that the Court has embraced the concept of gender-sensitive reparations with a transformative aspiration. The State of Mexico has been mandated to provide a variety of reparation measures to the victims, including monetary compensation, symbolic redress, and a wide set of future looking guarantees of non-repetition. Family members and closely affiliated persons of the deceased who can be considered as having been harmed and hence deserving of reparations (who in this case included all those who had self-identified as injured parties including the mothers, sisters-in-laws and nieces of the deceased) received reparations.
- 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
- Youth
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
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