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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
Violence against women: Twenty years of developments to combat violence against women 2014, para. 41
- Paragraph text
- One of the five priority areas of the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) is ending violence against women. The efforts of UN-Women in this regard include standard setting, technical assistance, financial assistance, education, advocacy, data collection and coordination. The entity supports Member States as they set global standards for achieving gender equality and works with governments and civil society to design laws, policies, programmes and services needed to implement these standards, including in developing and implementing national action plans to end violence against women. UN-Women also participates in a number of joint programmes with partner agencies at the country level and coordinates the Secretary-General's UNiTE campaign and the COMMIT initiative. The Inventory of United Nations activities to prevent and eliminate violence against women describes the efforts of 38 United Nations entities, the International Organization for Migration and six inter-agency partnerships. UN-Women has also developed the Virtual Knowledge Centre to End Violence against Women and Girls, an online resource centre.
- 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
- Movement
- Violence
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Violence against women as a barrier to the effective realization of all human rights 2014, para. 57
- Paragraph text
- A more recent challenge is the creation of hierarchies of violence against women, especially through political and funding actions. This is particularly evident in the articulation of sexual violence in conflict situations as being different and exceptional, as opposed to its being a continuation of a pattern of discrimination and violence that is exacerbated in times of conflict - as reflected in recent armed conflict situations. The prioritizing of this manifestation of violence has led to numerous concerns, including a shift away from an understanding of violence against women as both gendered and part of a continuum of violence; a shift in resources, in some instances, despite the need to address all manifestations of violence, including at the national level; a shift in focus by some United Nations entities; and the effect of donor-driven priorities in this process. The view of many women's rights defenders is that these shifts have led to focusing on the manifestation of violence against women in conflict situations, to the detriment and ignoring of the low-level "warfare" that women and girls experience in their homes and communities on a daily basis.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Humanitarian
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2014
- 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
Reparations to women who have been subjected to violence 2010, para. 44
- Paragraph text
- The current explicit inclusion of sexual violence in many reparations programmes is a victory against a tradition that minimizes its importance as collateral, private or non-political damage. Nevertheless, the forms of sexual violence that are included are often limited in range and other forms of victimization with a disparate gender impact are also not included. Often excluded have been forms of reproductive violence (including forced abortions, sterilization or impregnations), domestic enslavement, forced "marital" unions, forced displacement, abduction and forced recruitment. Gross violations of social, economic and cultural rights have also been excluded, even when they result in the loss of health, life and death of culture, or when such violations are specifically related to systematic forms of discrimination, including based on sex, ethnicity or sexual orientation. Forced domestic labour, often taking the form of forced conscription or forced marriages, has also traditionally been left out. This tendency to include a narrow range of forms of sexual violence in such programmes runs the risk of sexualizing women, if it is not accompanied by a serious effort to encompass a broader notion of harm.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 12
- Paragraph text
- The report, which includes a number of examples of human trafficking and conflict taken from actual conflict and post-conflict situations, has also benefited from the input of Members States during the open debate of the Security Council on "Conflict-related sexual violence: responding to human trafficking in situations of conflict-related sexual violence", held on 2 June 2016, during the presidency of France, at which the Special Rapporteur made an intervention (S/PV.7704). The statements delivered by Member States reflect the urgent need felt by the members of the Council to address the issue of human trafficking for the purpose of sexual exploitation related to conflict. The expert has also been encouraged by the appointment, on 16 September 2016, of Nadia Murad Basee Taha as Goodwill Ambassador for the dignity of survivors of human trafficking, the first time that a survivor of atrocities has been appointed to such a position. Ms. Taha briefed the Council on the atrocities, including trafficking in persons faced by the Yazidi, particularly women and children, at its meeting on 16 December 2015, at which the Council addressed the issue of human trafficking in conflict for the first time.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 24
- Paragraph text
- Communication and engagement with stakeholders. Trafficking in persons is a critical issue for every country, affecting many different groups and cutting across multiple areas of legal and illegal activity. The range of current and potential stakeholders is accordingly very wide. The first mandate holder recognized this aspect of her work from the outset (E/CN.4/2005/71, paras. 41-47) and made consistent efforts to extend her engagement beyond Governments and international agencies to include the full range of civil society organizations working on the issue, as well as those engaged in related areas, such as the rights of migrants and violence against women. Her participatory and collaborative approach was continued and extended by the current mandate holder, who declared an intention to "reach out, listen, learn and share good practice around the world" (A/HRC/10/16, para 62). She has put this commitment into practice through regular, broad-based regional consultations aimed at securing expert input into her work while improving the understanding of the mandate amongst interlocutors.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 20
- Paragraph text
- Women are at particular risk of torture and ill-treatment during pretrial detention because sexual abuse and violence may be used as a means of coercion and to extract confessions. A majority of female detainees worldwide are first-time offenders suspected of or charged with non-violent (drug- or property-related) crimes, yet are automatically sent to pretrial detention. In many States the number of women held in pretrial detention is equivalent to or higher than that of convicted female prisoners, and women are held in pretrial detention for extremely long periods (A/68/340). Women in pretrial detention facilities - which are typically not built or managed in a gender-sensitive manner - tend not to have access to specialized health care and educational or vocational training. They face higher risks of sexual assault and violence when they are held in facilities with convicted offenders and men or are supervised by male guards. According to the Committee against Torture, the undue prolongation of the pretrial stage of detention represents a form of cruel treatment, even if the victim is not detained (A/53/44).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Multiple and intersecting forms of discrimination and violence against women 2011, para. 16
- Paragraph text
- The above-mentioned developments have been relied on by the Security Council, the General Assembly and the Human Rights Council to pass resolutions that focus particular attention on violence against women and girls. For example, both the General Assembly and the Human Rights Council have identified inter-gender inequality and discrimination, including gender-based violence, as violating the human rights of women and girls. Over time, the language of these resolutions has evolved to reflect the heightened risk of gender-based violence to women suffering intersectional discrimination. As analyzed within the United Nations human rights framework, "power imbalances and structural inequality between men and women are among the root causes of violence against women." This makes violence against women a matter of inter-gender inequality between women and men. In addition, various resolutions have acknowledged that discrimination is understood as having multiple forms that combine to heighten the vulnerability of some women and girls to violence. This reflects an understanding that discrimination and violence against women is also a matter of intra-gender inequality among women.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Girls
- Men
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 20
- Paragraph text
- The Special Rapporteur on the rights of women in Africa considered that, in theory, an international treaty on violence against women was needed, but that some counterarguments should be taken into account. Prime among them was that the real challenge in dealing with the issue of violence against women did not lie in legal inadequacies but rather in implementation. Another argument against a global treaty on violence against women was that some regions, including the Americas, Africa and Europe, could rightfully claim that there was no normative gap. In that regard, a campaign to develop, ratify and implement an additional treaty mechanism would divert efforts and resources that would be better spent on strengthening the existing regional systems of protection. Such an objection can be countered, however, by the fact that Asia and Oceania did not have the benefit of regional protection. She also considered that, if a global treaty on violence against women prescribed clear and legally binding enforcement mechanisms at both the international and national levels, it could create some useful harmony to address the fragmentation of policies and legislation to address gender-based 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
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 40
- Paragraph text
- Conflict and post-conflict situations often exacerbate an existing environment of discrimination, subordination, violence against women and men's control over their sexuality. Findings of "unimaginable brutality" in the first mandate-holder's report on violence against women during times of armed conflict continue to hold true. Military environments in general, characterized by a hierarchical and command-driven culture, expose women to heightened risks of violence and abuse. As reported following the visit of the Special Rapporteur to the United States, sexual assault and harassment of women in the military has been acknowledged as a pervasive form of violence against women. While most cases of sexual assault in the military go unreported, statistics suggest that women constitute the vast majority of those who report cases. Reflective of a similar tendency of solving domestic violence cases through negotiation and reconciliation, the overwhelming majority of sexual assault cases in the United States military are disposed of through non judicial punishment: only 14 to 18 per cent of cases are prosecuted.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 37
- Paragraph text
- The Committee's recognition in these cases that deportation into homelessness may constitute cruel and inhuman treatment or punishment, and that victims of homelessness in this context are entitled to a remedy, is significant. It is equally important, however, to ensure access to adjudication and remedy for those who experience the same deprivations of homelessness resulting from inaction or neglect within a State's own borders. In A.H.G and Jasin, the Committee considered the effects of widespread and systemic violations of the right to security and dignity. However, this consideration remained within the negative rights framework of prohibited "treatment" or "punishment". That framework is not conducive to hearing the substantive claim to a life of dignity, security and inclusion advanced by people with disabilities or women escaping violence, who do not see the fulfilment of their human rights merely as freedom from treatment or punishment but more fundamentally as a right to a place to live in dignity and security.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Violence
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 65
- Paragraph text
- Some organizations stated that the Committee could require national action plans on violence against women, which States could assess in the context of their periodic monitoring by the Committee, which could be done in cooperation with the special procedures mandate holders, especially the Special Rapporteur. The United Nations should require States to give more detail on violence against women in the treaty bodies common core document. Likewise, States and regional human rights organizations should provide more resources for regional human rights monitoring, and countries outside Europe could ratify the Convention on Preventing and Combating Violence against Women and Domestic Violence. Awareness needs to be raised that this (more detailed) Convention is open to countries outside the Council of Europe. The United Nations and States could increase technical and financial assistance to States and NGOs for monitoring and documenting violence against women and should also do more research on “what works” in eradicating violence against women and share information on evidence-based policies that work. “The United Nations system needs to play a bigger role and hold States accountable.”
- 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. 25
- Paragraph text
- In terms of general consideration of the submissions received from civil society organizations, the Special Rapporteur highlights that, primarily, such organizations showed that they were concerned about what some consider the “soft law” character of the current legal framework on violence against women, combined with the fragmentation of the current legal framework, several substantive gaps and inconsistencies present in the current instruments, and the fact that their implementation remains weak, particularly at the national level. Concerning the opportunity to create a new legal instrument, while the idea was endorsed by a majority of civil society organizations, several submissions highlighted that there were ways of addressing some issues and introducing new practical measures without the need for a new treaty. Others pointed out that there was a considerable political risk in seeking to negotiate a new treaty, which might encompass lower standards than those already widely accepted. Finally, among the main issues identified by civil society, there was a need for States to adequately resource measures for the prevention of, protection against and prosecution of perpetrators, as well as for reparations for victims and survivors.
- 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
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 36
- Paragraph text
- Girls and young women with disabilities also encounter significant challenges when attempting to access justice, prevention mechanisms and response services for sexual and gender-based violence. Sexual assault is often underreported, and even more so when the individual has a disability. Girls and young women with disabilities face numerous challenges when reporting abuses, such as the risk of being removed from their homes and institutionalized; stigmatization; fears with regard to single parenthood or losing child custody; the absence or inaccessibility of violence prevention programmes and facilities; the fear of the loss of assistive devices and other supports; and the fear of retaliation and further violence by those on whom they are both emotionally and financially dependent (see A/67/227, para. 59). In addition, when, as survivors of sexual violence, they report the abuse or seek assistance or protection from judicial or law enforcement officials, teachers, health professionals, social workers or others, their testimony, especially that of girls and women with intellectual disabilities, is generally not considered credible, and they are therefore disregarded as competent witnesses, resulting in perpetrators avoiding prosecution.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Families
- Girls
- Persons with disabilities
- Women
- Youth
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 41
- Paragraph text
- This is a key area, where the work of the Independent Expert can help to support cooperation to prevent and overcome violence and discrimination on the basis of sexual orientation and gender identity. Important work is already being done to counter such violence and discrimination and it can be further strengthened. The joint statement from 12 United Nations entities (see para. 14 above) was a major intersectional and intersectoral breakthrough in terms of inter-agency cooperation, between the Office of the United Nations High Commissioner for Human Rights (OHCHR), the United Nations Development Programme (UNDP), the United Nations Population Fund (UNFPA), UNHCR, the United Nations Children’s Fund (UNICEF), the United Nations Office on Drugs and Crime, the World Food Programme, the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women), the International Labour Organization, the United Nations Educational, Scientific and Cultural Organization (UNESCO), WHO, the World Bank and the Joint United Nations Programme on HIV/AIDS (UNAIDS). At the public consultation held by the Independent Expert in January 2017, there was similar advocacy from the United Nations Human Settlements Programme (UN-Habitat), and the list of cooperating organizations can be expanded.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Women
- 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. 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
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. 35
- Paragraph text
- The Convention provides for the creation of the Group of experts on action against violence against women and domestic violence. The Group of experts will have between 10 and 15 members, appointed in their individual capacity, and will report to the Committee of the Parties to the Convention. It will follow a report-based procedure in assessing the various measures a State party has taken and will take into account information submitted by the State and also by non-governmental organizations. It may organize country visits in instances where the information on a case is insufficient and there is no other feasible way of reliably gaining information. In certain circumstances, the Group of experts may request the urgent submission of a special report by the State party concerning measures to prevent a serious, massive or persistent pattern of violation of the provisions of the Convention or request a visit to the country concerned.
- 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
- 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. 51
- Paragraph text
- The Convention of Belém do Pará also recognizes the critical link between women's access to adequate judicial protection when denouncing acts of violence and the elimination of the problem of violence and the discrimination that perpetuates it. The States parties agree, in accordance with article 8, to gradually undertake specific measures, including programmes to develop training programmes for all those involved in the administration of justice broadly; to implement educational activities aimed at heightening the general public's awareness of the issue; to modify social and cultural patterns of conduct and counteract prejudices, customs and other practices that legitimize or exacerbate violence against women; to provide appropriate specialized services for women who have been subjected to violence; and to ensure research and data collection relating to the causes, consequences and frequency of violence against women, in order to enable policy development and assess the effectiveness of relevant measures.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Violence against women: Twenty years of developments to combat violence against women 2014, para. 69
- Paragraph text
- There is more specificity in three key regional human rights treaties that address violence against women, namely the 1994 Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention of Bele?m do Para?), the 2003 Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo Protocol) and the recent Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention). The normative underpinnings of the obligations of States to eliminate violence against women have evolved since 1994, and the regional treaties reflect international standard-setting developments, but within a legally binding regional instrument. Despite the specificity of these instruments, there are limitations with regard to, for example, definitions and the comprehensiveness of the coverage of persons and acts as reflected in the instruments. Such gaps, as well as the absence of specific regional instruments in other regions of the world, underscore the need for a universal legally binding instrument on violence against women at the United Nations 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
Violence against women: Twenty years of developments to combat violence against women 2014, para. 66
- Paragraph text
- A more recent challenge is the creation of hierarchies of violence against women, especially through political and funding actions. This is particularly evident in the articulation of sexual violence in conflict situations as being different and exceptional, as opposed to it being a continuation of a pattern of discrimination and violence that is exacerbated in times of conflict - as reflected in recent armed conflict situations. The prioritizing of this manifestation of violence has led to numerous concerns, including a shift away from an understanding of violence against women as both gendered and as part of a continuum of violence; a shift in resources, in some instances, despite the need to address all manifestations of violence, including at the national level; a shift in focus by some United Nations entities; and the effect of donor-driven priorities in this process. The views of many women's rights defenders is that these shifts have led to "privileging" the manifestation of violence against women in conflict situations, to the detriment and ignoring of the low-level "warfare" that women and girls experience in their homes and communities on a daily basis.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Humanitarian
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Violence against women: Twenty years of developments to combat violence against women 2014, para. 57
- Paragraph text
- In her 2010 report (A/HRC/14/22), the Special Rapporteur considered the shortcomings of the due diligence standard in respect of reparations for women who have experienced violence, whether in times of peace, conflict, post-conflict or in authoritarian settings. In her 2013 report (A/HRC/23/49), the Special Rapporteur further deepened the theme of State responsibility to eliminate violence against women and concluded that, while most States accept that violence against women is a pervasive and systemic human rights violation facing countries, this has not led to the adoption of coherent and sustainable solutions. She recommended that State responsibility to act with due diligence be considered as a dual obligation: (a) as a systemic responsibility, whereby States create responsive and effective systems and structures that address the root causes and consequences of violence against women; and (b) as an individual responsibility, whereby States provide victims with effective measures of prevention, protection, punishment and reparation. The Special Rapporteur recommended that accountability of perpetrators, as well as State authorities, for failure to protect from, and prevent, harm should be the norm.
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
Violence against women: Twenty years of developments to combat violence against women 2014, para. 54
- Paragraph text
- In her first report in 2004 (E/CN.4/2004/66), the second Special Rapporteur articulated the main objectives of her tenure as ensuring effective protection of women's rights and equal access to justice for women; monitoring the effectiveness of strategies to end violence against women; and ensuring that accountability mechanisms are accessible to women seeking redress. In addition to focusing on the issue of the intersectionality of violence against women and HIV/AIDS in 2005, the Special Rapporteur conducted further work on the intersections between culture and violence. In her reports she also addressed the political economy of women's human rights and the development of effective implementation and enforcement strategies, including by exploring the utility of the due diligence standard for enforcing State responsibility and the development of indicators on violence against women and State responses. The Special Rapporteur suggested that advocacy and policy and justice initiatives could be strengthened at the national and international levels. This would require systematic measurement and reporting of levels of violence, social tolerance, State responsiveness, institutional action and protection measures.
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
Violence against women: Twenty years of developments to combat violence against women 2014, para. 53
- Paragraph text
- The first Special Rapporteur recommended that States criminalize and prosecute all manifestations of violence against women, including violence perpetrated under the guise of cultural practices, and called for greater State responsibility for the protection of trafficked women and the prevention of forced or coerced migration. She also called for a more expansive approach that sees violence against women as a "health, legal, economic, developmental and human rights problem", examined the issue of legal protections and remedies for violence against women perpetrated in situations of armed conflict; and called for the inclusion of gendered provisions and processes in the International Criminal Court. In her final report, in January 2003, the first Special Rapporteur stated that the greatest achievements during her mandate had been in "awareness-raising and standard-setting", including with regard to the limitations of the criminal justice framework, and setting new standards for addressing violence as a product of social, political and economic inequality. However, she acknowledged that, despite these successes, very little had changed in the lives of most women during her tenure.
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
Violence against women: Twenty years of developments to combat violence against women 2014, para. 30
- Paragraph text
- Several General Assembly resolutions on women address the issue of violence against women migrant workers; trafficking; traditional or customary practices affecting the health of women and girls; crimes committed against women in the name of honour; rape and other forms of sexual violence, including in conflict and related situations; women, disarmament, non-proliferation and arms control; female genital mutilation; gender-related killings of women; and protection for human rights defenders. These resolutions reiterate normative developments relating to the recognition of violence against women as a human rights violation; States' due diligence obligation to end impunity; and the introduction of the concepts of intersectionality and a multisectoral approach to violence against women. Other resolutions on women concern, inter alia, the designation of 25 November as the International Day for the Elimination of Violence against Women; crime prevention and criminal justice measures to eliminate violence against women; and the annual reporting obligation of the Special Rapporteur on violence against women, which includes the requirement to submit a written report annually to the Assembly.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Violence against women: Twenty years of developments to combat violence against women 2014, para. 24
- Paragraph text
- Regarding the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in its general comment No. 2 (2007) on the implementation of article 2 of the Convention by States parties, the Committee against Torture addresses the issue of State responsibility to act with due diligence with regard to violence against women more specifically, where "State authorities or others acting in official capacity or under colour of law, know or have reasonable ground to believe that acts of torture or ill-treatment are being committed by non-State officials or private actors and they fail to exercise due diligence to prevent, investigate, prosecute and punish such non-State officials or private actors" (para. 18) in compliance with the Convention. The Committee applies this principle to States parties' failure to prevent and to protect victims from gender-based violence, such as rape, domestic violence, female genital mutilation and trafficking. While it may be argued that the Convention against Torture can serve as a tool for addressing violence against women, the Committee has so far only defined rape as torture, without explicitly addressing other forms 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
Violence against women: Twenty years of developments to combat violence against women 2014, para. 23
- Paragraph text
- In general recommendation No. 19, the Committee establishes that gender-based violence, which impairs or nullifies the enjoyment by women of human rights and fundamental freedoms under general international law or under human rights conventions, is discrimination within the meaning of article 1 of the Convention and links gender-based violence to the different rights and substantive areas covered by the Convention. In practice, the Committee invokes several substantive provisions in the Convention to address the issue of violence against women, including article 5 on stereotyping and the consequences thereof; article 11 on sexual harassment; article 12 on sexual and reproductive health violations; and article 16 on matters relating to marriage and family relations. The adoption of the Optional Protocol to the Convention, in 1999, and the subsequent jurisprudence thereunder further reinforce the Committee's position that violence against women equates to discrimination based on sex, which disproportionately affects women. It is important to note that these developments do not explicitly articulate violence against women as 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
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Violence against women: Twenty years of developments to combat violence against women 2014, para. 9
- Paragraph text
- The draft declaration was submitted to the CSW at its thirty-sixth session, held in Vienna in 1992, and draft resolution V on violence against women in all its forms was submitted to the Economic and Social Council for adoption. The draft resolution called for an intersessional working group to be convened to further develop a draft declaration on violence against women. That meeting was held in 1992. The draft declaration was re-introduced at the thirty-seventh session of the CSW, in 1993, in a report of the Secretary-General. In its resolution 1993/10, the Economic and Social Council urged the General Assembly to adopt the draft declaration on the elimination of violence against women, and in resolution 1993/26, the Council urged governments to give their full support to the adoption of the draft declaration. The 1993 World Conference on Human Rights also called for the adoption of the draft declaration. The Declaration on the Elimination of Violence against Women was adopted without a vote by the General Assembly in resolution 48/104, in December 1993. Since then, the Declaration has served as the primary normative framework for the work of the Special Rapporteur 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
Violence against women: Twenty years of developments to combat violence against women 2014, para. 6
- Paragraph text
- Prior to, and during, the United Nations Decade for Women, from 1975 to 1985, the issue of violence against women in general, and more specifically domestic violence, was high on the agenda of women's rights activists. Advocacy at the World Conferences on Women, held in Mexico City and Copenhagen in 1975 and 1980 respectively, served as a catalyst for the adoption in 1985 of General Assembly resolution 40/36 on domestic violence. The Third World Conference on Women, held in Nairobi in 1985, and the Expert Group meeting on violence in the family, held in Vienna in 1986, further highlighted the global nature and concern regarding violence against women. In May 1991, the Economic and Social Council adopted resolution 1991/18 on violence against women in all its forms, in which it recommended the development of a framework for an international instrument that would explicitly address the issue of violence against women. The Council also urged Member States to adopt, strengthen and enforce legislation prohibiting violence against women and to take appropriate administrative, social and educational measures to protect women from all forms of physical and mental 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
- Families
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Violence against women as a barrier to the effective realization of all human rights 2014, para. 53
- Paragraph text
- The Declaration on the Elimination of Violence against Women, the Convention on the Elimination of All Forms of Discrimination against Women and various regional treaties have explicitly articulated the international understanding of the issue and have reaffirmed and acknowledged that violence against women is both a cause and a consequence of discrimination, patriarchal dominance and control, that it is structural in nature and that it works as a social mechanism that forces women into a subordinate position, in both the public and private spheres. The Committee on the Elimination of Discrimination against Women has criticized States that have moved to the gender-neutral approach (see for example CEDAW/C/NLD/CO/4, CEDAW/C/POL/CO/6, CEDAW/C/FIN/CO/6 and Add.1, and CEDAW/C/UK/CO/6 and Add.1). In addition to gender specificity in legislation, policies and programmes, it is argued that, where possible, services should be run by independent and experienced women's non-governmental organizations providing gender-specific, empowering and comprehensive support to women survivors of violence, based on feminist principles. Specificity is also mandated in the relevant regional human rights instruments on women and violence.
- 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
- 2014
- Date added
- Aug 19, 2019
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