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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. 8
- Paragraph text
- In subsequent resolutions, the Human Rights Council has called on the United Nations High Commissioner for Human Rights to convene workshops for the exchange of views on good practices; discuss the added value of and challenges for regional arrangements; and enhance cooperation between international and regional mechanisms, including through the establishment of focal points in the United Nations and regional human rights mechanisms, among others. Reports of the Office of the United Nations High Commissioner for Human Rights (A/HRC/15/56 and Corr.1), the High Commissioner (A/HRC/23/18 and A/HRC/28/31) and the Secretary-General (A/65/369) highlight a range of issues, including: the continued relevance of international standards for legislation and policies in the different regions; the creation of synergies among the international and regional mechanisms, including in the promotion of and follow-up to the recommendations of each system; and discussions on how to close the human rights protection gaps that currently exist.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 89
- Paragraph text
- While all options are on the table, the Special Rapporteur highlights that any initiatives need to be assessed according to whether they are likely to address the normative challenge at the national level of incorporating and implementing existing international obligations and ensuring a dynamic State response which includes the necessary resources and political will to create change.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 78
- Paragraph text
- General recommendation No. 35 reiterates and complements the scope of general recommendation No. 19 by not only recalling the standards expressed in the jurisprudence of women’s rights mechanisms and the recommendations of the Committee within the past 25 years, but also expanding the range of issues explicitly addressed in the Committee’s recommendations.
- 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
- N.A.
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 39
- Paragraph text
- Finally, civil society organizations stressed that the majority of efforts and resources should be on incorporating and implementing international law and standards and be focused on domestic strategies, in particular on measures to strengthen the capacity of national institutions and national human rights institutions.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 36
- Paragraph text
- Civil society organizations noted that regional mechanisms were frequently adopted with the purpose of addressing the incorporation gap between international and national norms and were often aimed at supplementing international provisions with a specificity that reflected the regional context. Yet, some organizations reported that such a noble objective had not always materialized.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 26
- Paragraph text
- Civil society organizations also expressed concern at the weaknesses of the current legal framework, the “added value” of a new treaty, practical issues that should be emphasized in a new treaty, sensitive issues relating to its negotiation and, finally, practical options for improving the implementation of the prohibition of gender-based violence which would not necessarily involve negotiating a new treaty.
- 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
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 23
- Paragraph text
- Following her call for inputs, the Special Rapporteur received 291 submissions from civil society. The large number of responses received from civil society organizations highlights the remarkable engagement of civil society on this issue, with a variety of perspectives and particular concerns pointed out by some respondents.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- 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. 51
- Paragraph text
- A mechanism was established in 2004 to follow up on the implementation of the Convention of Belém do Pará and address concerns related to non-compliance. It consists of two components, namely, the Conference of States Parties and the Committee of Experts. The mechanism is mandated to provide for the institutionalization of the political intent of the States, provide a consensus-based and independent system for the evaluation of progress in implementing the Convention, promote the implementation of the Convention and establish a system of technical cooperation among the States parties. The follow-up process comprises multilateral evaluation and follow-up rounds. During the multilateral evaluation round, the Committee of Experts analyses the implementation of the Convention, issues recommendations based on questionnaires completed by the States parties and prepares a hemispheric report. During the follow-up round, the Committee distributes an additional questionnaire to the States parties on the implementation of its specific recommendations. To date, 56 country reports, one follow-up report and two hemispheric reports have been published.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- 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. 20
- Paragraph text
- The absence of a judicial enforcement mechanism within the African human rights system led to over four decades of civil society advocacy. The creation of the African Court of Justice and Human Rights was provided for by the Protocol on the Statute of the African Court of Justice and Human Rights, and entails merging the African Court of Justice and the African Court on Human and Peoples' Rights. The preamble of the Protocol indicates that the objective of the Court is to secure the rights contained in the African Charter on Human and Peoples' Rights, the African Charter on the Rights and Welfare of the Child, the Protocol on the Rights of Women in Africa and any other legal instrument relevant to human rights that States have ratified. Thus, the Protocol significantly expands the mandate of the Court beyond instruments found in the African human rights system. Unfortunately, only five States have ratified this Protocol, which requires 15 ratifications before the Court can come into existence. In the interim, the African Court on Human and Peoples' Rights, which was established in 1998, continues to hear cases.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- 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. 7
- Paragraph text
- In subsequent resolutions, the Human Rights Council has called upon the United Nations High Commissioner for Human Rights to convene workshops for the exchange of views on good practices; discuss the added value of and challenges for regional arrangements; and enhance cooperation between international and regional mechanisms, including through the establishment of focal points in the United Nations and regional human rights mechanisms, among others. Reports of the Office of the United Nations High Commissioner for Human Rights (A/HRC/15/56 and Corr.1), the High Commissioner (A/HRC/23/18 and A/HRC/28/31) and the Secretary-General (A/65/369) highlight a range of issues, including the continued relevance of international standards for legislation and policies in the various regions; the creation of synergies among the international and regional mechanisms, including in the promotion of and follow-up to the recommendations of each system; and discussions on how to close the human rights protection gaps that currently exist.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- 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. 52
- Paragraph text
- A mechanism was established in 2004 to follow up on the implementation of the Convention of Belém do Pará and address concerns related to non-compliance. It consists of two components: the Conference of States Parties and the Committee of Experts. The mechanism is mandated to provide for the institutionalization of the political intent of the States, to provide a consensus-based and independent system for the evaluation of progress in implementing the Convention, to promote the implementation of the Convention, and to establish a system of technical cooperation among the States parties. The follow-up process comprises multilateral evaluation and follow-up rounds. During the multilateral evaluation round, the Committee of Experts analyses the implementation of the Convention, issues recommendations based on questionnaires completed by the States parties and prepares a hemispheric report. During the follow-up round, the Committee distributes an additional questionnaire to the States parties on the implementation of its specific recommendations. To date 56 country reports, one follow-up report and two hemispheric reports have been published.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- 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. 42
- Paragraph text
- The European Court of Human Rights was constituted in 1959. The judgements of the Court are transmitted to the Committee of Ministers, which is responsible for the supervision of their execution. The Court has stated that its role in promoting and protecting human rights is subsidiary and supervisory, as the main responsibility to protect human rights lies with the contracting States. Its decisions generally reflect the view that the Convention should be interpreted in a dynamic manner that takes into consideration commonly accepted standards in national laws of European States. In the absence of a European consensus, the national law is reflected through the application of a margin of appreciation doctrine, which allows for a measure of discretion in legislative, administrative or judicial action taken by States, thereby accommodating variations in State practices. This may result in the Court refraining from interpretative rulings that are too strict, in the light of the absence of moral and/or legal consensus across member States. The doctrine has been criticized for undermining the universal nature of human rights and introducing an unwarranted level of flexibility into the Convention. Proponents, on the other hand, hold that the doctrine recognizes the reality of the existence of differences in cultural and political standards in European States.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- 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. 21
- Paragraph text
- The absence of a judicial enforcement mechanism within the African human rights system led to over four decades of civil society advocacy. The creation of the African Court of Justice and Human Rights was provided for by the Protocol on the Statute of the African Court of Justice and Human Rights, and entails merging the African Court of Justice and the African Court on Human and Peoples' Rights. The preamble of the Protocol indicates that the objective of the Court is to secure the rights contained in the African Charter on Human and Peoples' Rights, the African Charter on the Rights and Welfare of the Child, the Protocol on the Rights of Women in Africa and any other legal instrument relevant to human rights that States have ratified. Thus the Protocol significantly expands the mandate of the Court beyond instruments found in the African human rights system. Unfortunately, only five States have ratified this Protocol, which requires 15 ratifications before the Court can come into existence. In the interim, the African Court on Human and Peoples' Rights, which was established in 1998, continues to hear cases.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Gender-related killings of women 2012, para. 116b
- 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:] Guarantee de jure and de facto access to adequate and effective judicial remedies;
- 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
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Violence against women with disabilities 2012, para. 97
- Paragraph text
- At the non-governmental organization level, there are dedicated organizations or coalitions that conduct research and provide services and training. Innovative use of the Internet has also led to the development of interactive websites where readers share information and experiences.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Violence against women with disabilities 2012, para. 88
- Paragraph text
- With respect to Europe, both the Council of Europe and the European Union, have their own scheme of human rights instruments. The European Convention for the Protection of Human Rights and Fundamental Freedoms, which entered into force in 1953, is the main European human rights convention. Several additional Protocols have been added to its substantive and procedural provisions.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2012
- 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. 52
- Paragraph text
- This mandate has also stressed that the ratification without reservations to all relevant human rights instruments, their incorporation into the domestic legal, judicial and administrative order, and the adoption of measures for their implementation are prerequisites for State's compliance with the due diligence standard.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Reparations to women who have been subjected to violence 2010, para. 27
- Paragraph text
- Moreover, the notion of gender-sensitive reparations has finally moved beyond the transitional justice discussions at State level and for the first time made an inroad into the international human rights jurisprudence. The Inter-American Court of Human Rights has recently affirmed the need to craft gender-sensitive reparations in its groundbreaking decision against Mexico.
- 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
- N.A.
- Year
- 2010
- 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. 41
- Paragraph text
- The European Court of Human Rights was constituted in 1959. The judgements of the Court are transmitted to the Committee of Ministers, which is responsible for the supervision of their execution. The Court has stated that its role in promoting and protecting human rights is subsidiary and supervisory, given that the main responsibility to protect human rights lies with the contracting States. Its decisions generally reflect the view that the Convention should be interpreted in a dynamic manner that takes into consideration commonly accepted standards in national laws of European States. In the absence of a European consensus, the national law is reflected through the application of a margin of appreciation doctrine, which allows for a measure of discretion in legislative, administrative or judicial action taken by States, thereby accommodating variations in State practices. This may result in the Court refraining from interpretative rulings that are too strict, in the light of the absence of moral and/or legal consensus across member States. The doctrine has been criticized for undermining the universal nature of human rights and introducing an unwarranted level of flexibility into the Convention. Proponents, on the other hand, hold that the doctrine recognizes the reality of the existence of differences in cultural and political standards in European States.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2015
- 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. 36
- Paragraph text
- In accordance with the Convention, national parliaments are to be invited to participate in the monitoring of the Convention and States parties are to submit the Group of experts reports to their respective parliaments for consideration. The Parliamentary Assembly of the Council of Europe is also mandated to assess the implementation of the Convention.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- 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. 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).
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
- 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. 37
- Paragraph text
- The Committee of the Parties may adopt, on the basis of the conclusions of the Group of experts, recommendations on the measures to be taken by the State party concerned. In accordance with the Convention, the Group of experts may also adopt general recommendations that are not country-specific. These interpretative recommendations will not be legally binding, but can provide guidance on a clearer understanding and more effective implementation of the Convention.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 90
- Paragraph text
- It is also important to recall that the process for such a development would need to be carefully considered, making sure that existing standards are not undermined.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 41
- Paragraph text
- A comparatively large majority of the civil society organization interventions expressed support for a new treaty. Yet, only a few provided detailed arguments in support of such a treaty. In fact, less than 50 per cent provided exhaustive reasons.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Modalities for the establishment of femicides/gender-related killings watch 2016, para. 73
- Paragraph text
- The Special Rapporteur calls upon States, courts, academic institutions and all relevant stakeholders to submit all such cases from regional and national courts that could form a global database on her official website.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Modalities for the establishment of femicides/gender-related killings watch 2016, para. 66
- Paragraph text
- The Special Rapporteur is aware that there are many more legislative and policy measures than those mentioned in the present report and invites all States and other stakeholders to provide her with examples of initiatives and measures in this field.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Modalities for the establishment of femicides/gender-related killings watch 2016, para. 60
- Paragraph text
- The Special Rapporteur is aware that there are many more initiatives and projects similar to those mentioned above and invites all States and other stakeholders to provide her with examples of good practices in this area.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Violence against women: Twenty years of developments to combat violence against women 2014, para. 50
- Paragraph text
- Most recently, the mandate was renewed in 2013 in Human Rights Council resolution 23/25, which focused more extensively on the issue of sexual violence in conflict situations.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Gender-related killings of women 2012, para. 27
- Paragraph text
- Other scholars advocate for the use of the notion of continuum as a tool of analysis where reinforcing linkages between different types of violence are complex, context-specific, and interrelated. This tool integrates a multitude of causal factors at structural, institutional, interpersonal, and individual levels.
- 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
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Reparations to women who have been subjected to violence 2010, para. 67
- Paragraph text
- In consolidated democracies, Governments are increasingly called upon to examine certain discriminatory practices perpetrated and/or condoned by the State which target certain groups of the population and to study the need for relevant reparations.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph