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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
Violence against women as a barrier to the effective realization of all human rights 2014, para. 40
- Paragraph text
- Preventable maternal mortality in turn leads to additional negative development outcomes as it fuels economic and social inequalities. Generally, preventing and combating illness among women and girls leads to a healthier and more productive population, whereas ill-health diminishes people's personal capacity and ability to contribute to their households, resulting in lost incomes and lower productivity. Furthermore, investing in the health of the largest generation ever of young people, particularly adolescent girls, means investing in the future and sustainable development. Gender-based violence, however, impoverishes women and their families, saps public resources and lowers economic productivity. Therefore, when women and girls experience violence, they are denied access to fundamental human rights, such as education and health, which significantly undercuts their capacity to participate meaningfully in the sustainable development of their communities.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Adolescents
- Girls
- Women
- Youth
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
State responsibility for eliminating violence against women 2013, para. 32
- Paragraph text
- The campaign of the Secretary-General entitled "UNiTE to End Violence against Women" brings together a host of United Nations agencies and other partners to galvanize action across the United Nations system to respond to and prevent violence against women. UNiTE calls on governments, civil society, women's organizations, young people, the private sector, the media and the entire United Nations system to join forces in addressing the global pandemic of violence against women and girls. UNiTE aims to achieve, by 2015, the following five goals in all countries: adopt and enforce national laws to address and punish all forms of violence against women and girls; adopt and implement multisectoral national action plans; strengthen data collection on the prevalence of violence against women and girls; increase public awareness and social mobilization; and address sexual violence in conflict.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Girls
- Women
- 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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