Women's Human Rights Resources Database

This database lists hundreds of resources -- articles, documents and links -- related to international women's rights law and Canadian women's rights law. Annotations describe the content of each resource. Users can search by keyword and author as well as browse by women's rights topic. Full-text documents or links to full-text documents are provided where available.
Search Results for content type Document categorized with Violence Against Women
A v. Croatia
In A v Croatia, the Court reaffirmed that a State failure to provide women with protection against domestic violence can violate Article 8 of the Convention, the right to respect for private and family life. In this case, the State failure was not systemic; rather, the violation was established on the basis that the authorities failed to implement measures ordered by a domestic court, thus failing to provide the applicant with protection against further violence. A and her daughter had been subjected to violence at the hands of her husband from 2003 to 2006, followed by a number of attempts by A to file complaints against her husband between 2004 and 2009. The protective measures ordered were simply not enforced and the husband's jail sentences were not served.

 

A Guide for Europe : Protecting the Rights of Women and Girls in Times of Covid-19 Pandemic and Its Aftermath , Amnesty International
This report outlines Amnesty International’s concerns and suggestions to protect women’s rights during the Covid-19 pandemic. The report addresses that lockdowns due to the pandemic have increased reports of women being subjected to threats or violence at home. The report notes that the lockdown limits both methods by which victims can report for help and services such as shelters due to restricted capacity. Furthermore, the report voices that court extensions for cases of women against violence should be executed in a timely manner in order to provide access to justice for these individuals. The report also stresses that the pandemic may be disproportionally affecting women and their right to reproductive health services including access to contraception and abortion. It states that these services should be considered essential and not restricted during the pandemic under the guise of optional.    

 

Armed Conflict in The Gender Trap: Women, Violence, and Poverty , Amnesty International
This report identifies the disproportionate number of women living in poverty, and examines the ways in which that poverty compounds their risk of exposure to violence. Women are often faced with multiple forms of discrimination, which contributes to their risk of experiencing violence. Armed conflict is also identified as a source of violence against women, as women are deliberately targeted with strategies of sexual violence used to break down communities.

 

Broken Bodies, Shattered Minds: Torture and Ill-treatment of Women , Amnesty International
This report discusses whether violence committed against women in private and public settings constitutes torture. Noting governmental indifference to the maltreatment of women, the report demands for states to be held accountable for violence against women when they have failed to provide effective protection. It notes that gender-based violence is compounded by the many forms of discrimination that women face: "for all the gains that women around the world have made in asserting their rights, women worldwide still earn less than men, own less property than men, and have less access to education, employment and health care&. Violence against women feeds off this discrimination and serves to reinforce it". Personal experiences of victims of gender-based violence and recommendations for governments are also included. [Descriptors: Violence Against Women, International]

 

Canada : Submission to the United Nations Committee on the Elimination of Racial Discrimination , Amnesty International
This was a 2017 submission to the United Nations Committee on the Elimination of Racial Discrimination reviewing Canada’s 21st and 23rd periodic reports at the 93rd session of the Committee. It identifies certain developments, such as the 2016 National Inquiry into Missing and Murdered Indigenous Women and Girls, as positive. However, it heavily critiques Canada’s treatment of Indigenous peoples, and specifically in section 2.1, Indigenous women and girls. Amnesty International made five recommendations regarding Indigenous women and girls, including the implementation of a National Action Plan on Violence Against Women that sees the cooperation of federal, provincial, and territorial governments, as well as working closer with Indigenous peoples on programming to achieve culturally relevant support and substantive equality for Indigenous women and girls. 

 

Criminalization and Prosecution of Rape in the Netherlands , Amnesty International
This report outlines the criminalization of rape in the Netherlands. The definition of rape in the Dutch Criminal Code focuses on a forced-based definition rather than on a lack of freely given consent. The definition of rape does not explicitly include marital rape; however, marital rape is covered in the general provisions as a crime. The report stresses that having a force-based definition will exclude relief for victims who did not physically resist unwanted sexual conduct. The report also notes that the prosecution for rape cases are pending for a long time, which may be a burden to victims that need to recount details of their rape at court. Lastly, the report voices their concern that the proposal for new legislation to categorize between severe and lighter categories of rape may cause cases to be decided depending on the strength of the victim’s evidence. Therefore, this may not provide victims with genuine protection and justice. 

 

Framework for Submissions to the UN SRVAW Thematic Report on Rape as a Grave and Systematic Human Rights Violation and Gender-Based Violence against Women , Amnesty International
This report outlines Amnesty International’s perspective on the reliance of criminal law in addressing gender-based violence. The report states that while criminal law is an important aspect of addressing gender-based violence, it is not the only avenue of redress that should be taken. The report highlights that while criminal law focuses on punishment of perpetrators it doesn’t focus on solving the deeper issues of social-cultural structures and discrimination that are at the root of gender-based violence. The article notes that justice needs to take into account the survivors. Therefore, the article suggests that there needs to be a more comprehensive implementation of measures that will address gender-based violence such as social and economic support mechanisms, programs to engage men and boys as partners for gender equality, and due diligence standard call for training of various groups like the police.

 

From Promises to Delivery: Putting Human Rights at the Heart of the Millennium Development Goals (2010) , Amnesty International
This report focusing on the Millennium Development Goals features sections on womens human rights and indigenous women. The report notes that women account for 70 percent of people living in poverty, due in part to lack of sexual and reproductive health services. The report notes that indigenous women experience increased discrimination in some countries where they experience significantly higher rates of violence and less access to police protection and the justice system, and that there is often a disparity in health maternal risks between indigenous and non-indigenous women. The report draws attention to the states failure to protect human rights defenders and the detrimental effect that failure has on womens rights in general. Among its recommendations, the report suggests that states fulfill their obligations under international human rights law by identifying and addressing gender discrimination within their institutional frameworks.

 

Hidden From Justice: Impunity For Conflict-Related Sexual Violence, A Follow-Up Report , Amnesty International
A report detailing progress made since Amnestys September 2011 report, This is what we demand. Justice!: Impunity for Sexual Violence against Women in Colombias Armed Conflict, regarding conflict-related sexual violence against women in Colombia over the past 45 years and the failure to protect women from such violence. Since the initial report, governments and state authorities have partly demonstrated a greater level of intent to deal with sexual violence, but there is still a significant gap in terms of implementing laws, resolutions, decrees, protocols and directives. Obstacles include authorities lack of political will, lack of security for victims, and the role of military justice system. Many sexual violence crimes go unreported. Lack of effective protection is a principal obstacle to justice, as is discrimination by judicial officials, lack of accurate information, localized investigations, and failure to investigate conflict-related sexual violence as international crimes. The report makes specific recommendations to the Colombian government and calls on guerilla groups to end gender-based violence, and end violations of international humanitarian law.

 

Indonesia: Briefing to the UN Committee on the Elimination of Discrimination against Women: Women and girl domestic workers , Amnesty International
This briefing focuses on the lack of protection for female domestic workers against gender-based violence, and discrimination faced in the fields of employment, health and education in Indonesia. Discriminatory employment legislation and a lack of state mechanisms to prevent and punish violence against women domestic workers results in many women being subjected to physical, psychological and sexual violence. The briefing focuses on two concerns with regard to CEDAW: the obligation of the state to prevent and punish all forms of violence against women; and the obligation of the state to take all appropriate measures to eliminate discrimination against female domestic workers in the fields of employment, health and education.

 

Issue Brief No.2 : THE INTERNATIONAL VIOLENCE AGAINST WOMEN ACT (I-VAWA) (S.2982, HR.4594) , Amnesty International
This brief describes the International Violence Against Women Act (I-VAWA) as a comprehensive, integrated approach to violence. The brief provides a short history of the I-VAWA and its intended effects, including addressing violence against women and girls, alleviating poverty, reducing social tensions, supporting survivors, creating a 5-year strategy to fight violence against women, defining a mandate for State officials and USAID, enabling the US government to develop a better response to violence against women, and building the effectiveness of overseas NGOs.

 

It's In Our Hands: Stop Violence Against Women , Amnesty International
This report discusses violence against women, describing this phenomenon as "the greatest human rights scandal of our times". Chapter 1 uses a human rights framework to provide an overview of violence against women and international campaigns to end it. Chapter 2 discusses the relationship between sexuality, violence, and human and sexual rights. The impact of cultural and community values on women's rights and violence against women is discussed in chapter 3. Chapter 4 looks at three factors that fuel and reinforce this violence. Violence against women in conflict situations is discussed in chapter 5. Following chapters look at international laws and standards that establish women's right to be free from violence, states' obligations to protect this right and the impunity of perpetrators. Alternative legal routes and outlets for change are also explored. [Descriptors: Violence Against Women, International]

 

Poland : Shadow Report on Aspects of Implementation of the Istanbul Convention , Amnesty International
This report outlines Amnesty International’s concerns regarding Poland's current legislation regarding definitions of violence and rape. Amnesty International voices their concern with the omission of economic violence from the definition of domestic violence in the Polish Criminal Code. In some cases, economic abuse may be classified as psychological abuse; however, by not explicitly including economic abuse, cases may turn on the discretion of the judge. The report states that the wording of Article 197 of the Polish Criminal Code provides too narrow of the scope for the criminalization of rape. Under Polish law, rape must take place without the victim’s consent and also with the use of either force, threat or deceit. Therefore, the focus is not on whether there was consent but whether the victim demonstrated an adequate level of resistance to the rape. The report also notes that there is a lack of restraining orders to protect victims from violence. 

 

Unprotected: Gender-Based Violence Against Venezuelan Refugee Women in Colombia and Peru , Amnesty International
This report analyzes the forms of violence Venezuelan women refugees face in Columbia and Peru, especially in public spaces, at home, and at work. Further, the report highlights that Venezuelan women refugees residing in Columbia and Peru are denied access to health and justice services due to stereotypes about their gender, nationality, and gender identity. Thus, they experience new forms of violence and discrimination when attempting to file a justice service or health complaint. The goal of this report is to bring these issues to light and hold Columbian and Peruvian authorities accountable for their failure to support Venezuelan women’s rights to a life free from gender-based violence and discrimination. 

 

Violence Against Indigenous Women and Girls in Canada: A Summary of Amnesty International’s Concerns and Call to Action , Amnesty International
This report puts out a call to action for a national response to the human rights crisis created by the disproportionate scale and severity of violence faced by Indigenous women and girls in Canada. The author argues that a comprehensive and coordinated national response is needed to address current gaps in policies, programs and services to address this problem. The report lays out several elements that would need to be present for a successful National Action Plan. These include standardized police protocols to handle missing persons cases, as well as the collection of gender-disaggregated data on Indigenous persons in Canada that tracks violence rates against Indigenous women and girls. The report also calls for a funded and independent national public inquiry that will expose the nature of this violence and ensure government and police accountability. 

 

Violence Against Women: A Fact Sheet , Amnesty International
This document provides general information on violence against women and States responsibilities to combat the problem. The Universal Declaration of Human Rights, the Declaration on the Elimination of Violence Against Women, and the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) are identified as the three most prominent foundations for international womens human rights

 

Obando, Ana Elena , How Effective is a Human Rights Framework in Addressing Gender-based Violence? , Association for Women's Rights in Development (AWID)
This article discusses how human rights mechanisms can be utilized to combat violence against women. Local movements must be linked to the growing global womens movement, and women must be encouraged to recognize themselves as subjects with rights and the capacity to confront oppressive judicial institutions. The demand for human rights must be linked with alternative ethical visions against the patriarchal structure of the geopolitical system. However, the human rights framework can only be effective as a legal mechanism of advancing social change in conjunction with the strengthening of feminist social welfare states and the building of a movement that positions itself as a political actor in a position to negotiate and make agreements with other legitimate actors. Translating international advances into legal norms and government policies requires a holistic and inclusive development model under the feminist principles of equality, empowerment, solidarity, and cooperation.

 

Militarism, Violence And Conflict How Women Bear The Brunt Of War (2012) , Association for Women's Rights in Development (AWID)
This interview with Mavic Cabrera-Balleza examines implications of increased military spending for women. Cabrera-Balleza concludes that greater militarism and conflict increase incidences of violence against women and other attacks on womens human rights, which become normalized in the context of the conflict. Cabrera-Balleza argues that recent world crises have led to increased visibility of violence against women and increased solidarity between global activists. Cabrera-Balleza examines the effect of neoliberalism on the increase in poverty, and concludes that it has diminished access to healthcare services and ultimately reinforced gender inequality. Recommendations are made for an increase in positive rights alternative development strategies and a reduction in military spending, as the jobs and benefits created through state military expenditure would be more beneficial if applied to poverty and environmental crisis.

 

Bevacqua and S. v. Bulgaria
The Bevacqua case was the first to recognize that a failure to protect a woman and her child from violence and harassment can constitute a violation of Article 8 of the Convention, the right to respect for private and family life. Bevacqua, along with her minor son, left Bulgaria for Italy after her divorce. She applied for an interim custody order, stating that her husband had battered her. Over the course of one year, Bevacqua was unable to obtain the order, and continued to be harassed and assaulted by her ex- husband. Despite repeated assaults, the police did nothing to assist Bevacqua, and upon complaining of their inaction, Bevacqua was told her that the issue was a "private matter". The Court held that Article 8 was violated based on the Bulgarian authorities' failure to protect Bevacqua and punish her husband for the assaults. The Court also found that the categorization by the Ministry of the Interior of the issue as a "private matter" was incompatible with the state's obligation to protect the applicant's family life. It is especially noteworthy that the Court chose to interpret Article 8 not as requiring the State to stay out of private and family matters, but rather as requiring the State to intervene where women face situations of violence in the private sphere.

 

Branko Tomasic and Others v. Croatia
The Tomasic decision affirmed the holding in Kontrova that a failure to protect women from domestic violence can result in the violation of the right to life (Article 2). The Court found such a violation in this case on the basis that death threats were not followed up on, despite being made to officials during psychiatric treatment in prison. The applicants, relatives of the mother and child victims M.T. and V.T., claimed that the State failed to exercise due diligence to protect the victims after M.T.s husband was released from prison. The husband was serving a jail sentence, along with compulsory psychiatric treatment, for threatening to kill his wife and their baby with a bomb. Shortly after his release, the husband shot and killed his wife and baby. The Court held that State officials, in this case, should have required the husband to undergo a psychiatric assessment before his release, required the husband to undergo the psychiatric treatment that he was sentenced to while in prison, and should have searched his vehicle and home after the death threats were reported. A failure to undertake all these actions amounted to a violation of the States positive obligations to uphold the right to life.

 

Cabrera-Balleza, Mavic, Popovic, Nicola , Costing and Financing 1325: Examining the Resources Needed to Implement UN Security Council Resolution 1325 at the National Level as well as the Gains, Gaps, and Glitches on Financing the Women, Peace and Security Agenda (Cordaid and ICAN-GNWP, 2011)
This resource addresses the issue of how UNSCR 1325 (2000), which recognizes womens rights to protection from violence and to participation in all peace and security processes, has yet to be substantially realized. Women continue to be the victims of gender-based sexual violence in the context of conflict and its aftermath, while perpetrators of these crimes go unpunished and women continue to be institutionally underrepresented in developmental decision-making. This report presents a strategic focus outlining the commitments that must be made to the mobilization of domestic and international financial resources towards implementing UNSCR 1325s mandate. The use of international instruments as tools for conflict resolution and prevention demands strong collaboration and coordination among different actors. Implementing UNSCR 1325 will require national action plans systemically translating its resolutions into executable, measurable and accountable acts. Effective national action plans will reflect the realities of the country, and will allow for comprehensive and systemic implementation, monitoring, and evaluation by the government, womens groups, the security sector, and other stakeholders in the country.

 

Female Genital Mutilation: A Matter of Human Rights: An Advocate Guide to Action , Center for Reproductive Rights
This resource is a guide for advocates working to stop FGM, intended to assist with engaging governments by holding them accountable under international human rights law. Characterizing FGM as a violation of the human rights of women and girls has significant consequences for both NGOs and governments. A multi-strategy approach receptive to the efforts of NGOs and international organizations must be guided by respect for the human rights of girls and women, and will promote social participation and economic empowerment as critical practices in establishing accountability for human rights violations. Regional coordination is essential in advancing policies to eliminate FGM, as is the adequate monitoring of national progress.

 

The Protocol on the Rights of Women in Africa: An Instrument for Advancing Reproductive and Sexual Rights , Center for Reproductive Rights
This briefing paper outlines the Protocol on the Rights of Women in Africa, which was ratified by 15 African governments in 2005. The protocol calls for broad protection for womens human rights, including their sexual and reproductive rights. Concrete suggestions are offered for womens health and rights advocates within and beyond Africa. Detailed information is also provided to help African women use the protocol to exercise their reproductive rights, as well as suggestions for governments to implement the protocols landmark provisions. The paper can also serve as a resource for advocates outside Africa who are seeking to establish similar guarantees. The topics covered by the protocol include reproductive health services, abortion, HIV/AIDS, sexual education, violence against women, and rights within marriage.

 

Gender-Based Violence Laws in Sub-Saharan Africa (2007) , Committee on African Affairs of the New York City Bar
This report provides an overview of legislation in sub-Saharan Africa intended to combat gender-based violence against women, specifically rape, sexual assault, and domestic violence. The report reviews prohibitions on gender-based violence in international and regional instruments, including decisions from international tribunals and assesses applicable constitutional provisions in certain sub-Saharan African states. The report identifies what should be included when drafting and implementing relevant legislation, such as training for public officials and provision of services to victims. The report is intended as a guide for countries in sub-Saharan Africa that have not yet passed legislation addressing gender-based violence. Committee on African Affairs of the New York City Bar, Gender-Based Violence Laws in Sub-Saharan Africa.

 

Concluding Comments of the Committee on the Elimination of Discrimination against Women: Burundi , Committee on the Elimination of All Forms of Discrimination against Women
Commenting on the country report submitted by Burundi for its 40th Session, the Committee expresses its concern over the high number of women and girls who are victims of sexual violence, as well as the impunity enjoyed by perpetrators and the amicable settlement of cases through forced marriage of the victim to the perpetrator. Sexual violence is also present in detention centres, where women are not always separated from male prisoners. The Committee also notes the absence of effective measures within Burundi to combat trafficking in women. The Committee makes clear that a comprehensive strategy involves legislation, public-awareness campaigns, training for the judiciary, law enforcement, legal professionals and health professionals, and enhanced access to justice and legal, medical and psychological support for victims.

 

Concluding Comments of the Committee on the Elimination of Discrimination against Women: Colombia , Committee on the Elimination of All Forms of Discrimination against Women
Commenting on the country report submitted by Colombia for its 37th Session, the Committee notes the positive steps that Colombia has taken to combat VAW, including measures to strengthen legislative, policy and institutional frameworks with respect to persistence of violence. The Committee is concerned, however, that the general climate of violence and insecurity negatively impacts the full implementation of the Convention and that the links between drug trafficking and other forms of trafficking, including sex tourism and economic exploitation, are particularly harmful to women.

 

Concluding Comments of the Committee on the Elimination of Discrimination against Women: Cook Islands , Committee on the Elimination of All Forms of Discrimination against Women
Commenting on the country report submitted by the Cook Islands for its 39th Session, the Committee expresses concern about the persistence of VAW, the failure to recognize marital rape as an offence under the penal code, and the extent of prostitution linked to the country's tourism industry. The Committee recommends the development of a comprehensive strategy in conformity with General Recommendation 19, including public- awareness campaigns, service provision for victims, and training for the judiciary and public officials. It also encourages the State to pursue a holistic approach to addressing prostitution which involves providing women with educational and economic alternatives, taking steps to discourage the demand for prostitution, and ensuring the effective prosecution and punishment of those who exploit prostitution.

 

Concluding Comments of the Committee on the Elimination of Discrimination against Women: France , Committee on the Elimination of All Forms of Discrimination against Women
Commenting on the country report submitted by France for its 40th Session, the Committee notes with approval the State party's VAW awareness-raising programs, research initiatives and the adoption of legislation to strengthen the prevention and punishment of domestic violence and violence against children. The Committee expresses concerns, however, about the prevalence of domestic violence and trafficking in women and children. The Committee recommends that the State analyze all cases, especially those that result in murder, to ensure the adoption of effective measures to protect women from violence. The Committee emphasizes the need for coordinated action between the police, the public prosecutor and NGOs. It calls upon the State to study and identify the root causes of trafficking in order to formulate and implement policies to address them.

 

Concluding Comments of the Committee on the Elimination of Discrimination against Women: Guinea , Committee on the Elimination of All Forms of Discrimination against Women
Commenting on the country report submitted by Guinea for its 39th Session, the Committee expresses concern over the persisting stereotypes, and cultural norms, customs and traditions, such as female genital mutilation (FGM), that are harmful to women and girls. It also notes with concern the prevalence of violence and persisting patriarchal attitudes that deem such conduct acceptable, and the lack of information about the extent of trafficking within Guinea, particularly from rural to urban areas. The Committee encourages the State to "view culture as a dynamic dimension of the country's life and social fabric, subject to many influences over time and therefore subject to change". Consequently, it recommends that the State put in place a strategy with clear goals, timelines and monitoring mechanisms to modify or eliminate harmful cultural stereotypes or practices and their underlying justifications. The Committee also offers recommendations specific to the issue of FGM.

 

Concluding Comments of the Committee on the Elimination of Discrimination against Women: Indonesia , Committee on the Elimination of All Forms of Discrimination against Women
Commenting on the country report submitted by Indonesia for its 40th Session, the Committee commends the State party for its new legislation combating domestic violence and trafficking in women. It does note, however, three particular areas of concern the prevalence of female genital mutilation (FGM), the abuse of domestic workers by employers, and the persistence of domestic and cross-border trafficking in women and children. Recommendations include enacting new legislation, undertaking public awareness campaigns and increasing monitoring of employers of female domestic workers.

 

Concluding Comments of the Committee on the Elimination of Discrimination against Women: Jordan , Committee on the Elimination of All Forms of Discrimination against Women
In commenting on the positive steps reported by Jordan during the 39th Session, the Committee takes note that it amended its penal code so that it no longer exonerates perpetrators of crimes committed in the name of honour and that it established the Family Reconciliation Centre as a refuge for women fleeing abusive situations. The Committee also identifies a number of areas of concern, including the prevalence of VAW and harmful social attitudes that may deter victims from reporting abuse, the fact that honour crimes are treated differently from other crimes of violence, the persistent lack of shelters and services for victims of VAW and the practice of putting women at risk in "protective custody" which deprives them of their liberty.

 

Concluding Comments of the Committee on the Elimination of Discrimination against Women: Malawi , Committee on the Elimination of All Forms of Discrimination against Women
Commenting on the country report submitted by Malawi for its 39th Session, the Committee commends Malawi on its recently adopted Prevention of Domestic Violence Act. It expresses concern, however, about the fact that marital rape is not criminalized and that violence against women and girls and the perpetuation of negative cultural practices continues to persist. It also notes the increase in sexual exploitation of young girls in schools by teachers, continued prevalence of prostitution due to the poverty of women and girls, and alleged cases of trafficking of women in Malawian refugee camps.

 

Concluding Comments of the Committee on the Elimination of Discrimination against Women: Sweden , Committee on the Elimination of All Forms of Discrimination against Women
Commenting on the country report submitted by Sweden for its 40th Session, the Committee commends the State party for its 2007 action plan on VAW, new legislative initiatives with respect to domestic and sexual violence, the introduction of a provision criminalizing human trafficking, and the possibility of issuing time- limited residence permits to victims and witnesses of trafficking. The Committee does note, however, that the provision of support services varies between municipalities, to the detriment of particularly vulnerable victims, such as those with disabilities. It is also concerned with insufficient data on the prevalence of trafficked women and girls within Sweden, and the occurrence of trafficking, prostitution and related issues committed by Swedish citizens abroad.

 

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Iceland , Committee on the Elimination of All Forms of Discrimination against Women
Commenting on the country report submitted by Iceland for its 41st Session, the Committee commends Iceland for positive amendments to its penal code, the reappointment of the government's Committee on VAW and the re-launch of a national domestic violence projected entitled "Male Responsibility". The Committee does, however, note several areas of concern, including light penalties for crimes of sexual violence, the lack of detailed information regarding the use and effectiveness of restraining orders, obstacles faced by immigrant women and women of vulnerable groups when seeking protection, the absence of appropriate measures regulating prostitution, and the lack of a victim and witness program for trafficked persons.

 

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Nigeria , Committee on the Elimination of All Forms of Discrimination against Women
Commenting on the country report submitted by Nigeria for its 41st Session, the Committee notes with approval the awareness-raising campaigns, training programs, and support service provision undertaken by the State party. It also raises concerns about the lack of a comprehensive national law and strategy within the State on VAW, and the lack of government support for NGOs working to combat VAW. The Committee's recommendations focus specifically on combating trafficking, enacting comprehensive legislative on violence against women, and increasing support for NGOs.

 

General Recommendation 24 (Women and Health) , Committee on the Elimination of All Forms of Discrimination against Women
The Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) issued General Recommendation 24 to address women's health. The Committee emphasizes that States have a duty to take appropriate measures "to the maximum extent of their available resources" to ensure that women have access to health care. Transferring State health functions to private agencies does not absolve State parties of responsibility in these areas. Because of unequal power relations, women and adolescent girls are often subjected to harmful traditional practices and sexual abuse, which may expose them to a greater risk of contracting sexually transmitted diseases. Therefore, States should ensure the right to access sexual health information, and education and services for all women and girls, including those who have been trafficked, on an equal basis as men.

 

General Recommendation No. 12 (Violence Against Women) , Committee on the Elimination of All Forms of Discrimination against Women
In its General Recommendation 12, the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) states that articles 2 (policy measures), 5 (guarantee of basic human rights and fundamental freedoms), 11 (employment), 12 (health), and 16 (marriage and family life) of CEDAW require States to act to protect women against violence of any kind through the use of legislation and other appropriate measures, the provision of support services for victims, and the aggregation of statistical data on the incidence of VAW. States should also include information on VAW in their country reports to the Committee, including measures introduced to combat VAW.

 

General Recommendation No. 14 (Female Circumcision) , Committee on the Elimination of All Forms of Discrimination against Women
In its General Recommendation 14, the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) notes that action must be taken to eliminate the practice of female circumcision (female genital mutilation) and other practices harmful to women's health and well-being. Such action may include the collection of data about such traditional practices, the encouragement of all political and community leaders to influence attitudes towards the eradication of FGM, the introduction of appropriate public-awareness programs and health policies, and coordination with appropriate UN organizations.

 

General Recommendation No. 19 (Violence Against Women) , Committee on the Elimination of All Forms of Discrimination against Women
General Recommendation 19 is the CEDAW's key recommendation on violence against women. The Committee notes that gender- based violence in all forms "impairs or nullifies the enjoyment by women of human rights and fundamental freedoms" and that States are responsible for violence perpetrated by public authorities and for private acts with respect to which they have failed to act with due diligence to prevent, investigate and/or punish the violation of rights. Thus, laws against family violence and other forms of VAW must reflect the seriousness of such offences, give adequate protection to all women in all areas, and respect their integrity and dignity. Such legislation should also be coupled with appropriate support services. Because certain entrenched prejudices and traditional practices may justify gender-based violence as a form of protection or control over women, States must act to overcome and eliminate such harmful attitudes and customs. States must also take all appropriate measures to suppress all forms of trafficking in women and the exploitation and prostitution of women, including by taking preventive and punitive measures against traffickers and by addressing vulnerabilities raised by poverty, unemployment, armed conflict and the occupation of territories. Unequal access to health care, compulsory sterilization and forced abortion put the health and lives of women at risk and, therefore, also constitutes VAW.

 

Ms. A.T. v. Hungary , Committee on the Elimination of All Forms of Discrimination against Women
In A.T. v Hungary, the complainant ("author") alleges that Hungary has violated articles 2(a) (equality in legislation), (b) (legislative measures prohibiting discrimination), and (e) ("all appropriate measures" to eliminate discrimination), 5(a) (modification of social and cultural patterns) and 16 (marriage and family life) of the Convention by failing to take all positive measures to provide her with effective protection from her common-law husband, who was allowed to return to their apartment based on arguments regarding his right to property, notwithstanding pending criminal charges of battery against the author. The author could not move to a shelter as there was none in the country equipped to house her disabled child. The Committee finds that Hungary has violated all the articles of the Convention alleged by the author, because of the inadequacy of the legal and institutional arrangements in Hungary to provide immediate protection, the primacy given to privacy and property rights by Hungarian courts over the author's rights to life and security, and the lack of alternative avenues for the author to pursue protection.

 

Ms. Fatma Yildirim (deceased) v. Austria , Committee on the Elimination of All Forms of Discrimination against Women
In Yildirim v Austria, the authors alleged that the State failed to protect their deceased mother from her abusive former husband. The authors alleged that Austria violated articles 1 (discrimination), 2 (policy measures), 3 (guarantee of basic human rights and fundamental freedoms), and 5 (sex role stereotyping and prejudice) of the Convention by failing to take positive measures to protect the deceased's right to life and personal security. They argued that women are disproportionately and negatively affected by the inappropriate prosecution and punishment of offenders in domestic violence cases, the lack of coordination between the judiciary and law enforcement officials, and the lack of training for law enforcement and judicial personnel about domestic violence. The Committee concluded that in Yildirim's case, the State should have known that the victim was in a dangerous situation, thereby creating a duty to act to protect her. The Committee also emphasizes that a woman's right to life must not be superseded by a perpetrator's right to privacy or liberty. The Committee lists a number of recommendations aimed at preventing all forms of domestic violence and providing access to protection and redress to all victims.

 

Concluding Observations of the Committee on the Elimination of Discrimination against Women: United Republic of Tanzania
Commenting on the country report submitted by Tanzania for its 41st Session, the Committee focuses on three particular areas of concern the high prevalence of violence against women and girls coupled with a widespread attitude of impunity for perpetrators, the continued prevalence of female genital mutilation (FGM) and the persistence of trafficking and sexual exploitation of women and girls. The Committees recommendations centre on awareness and legal measures to combat violence against women generally, as well as female genital mutilation and trafficking in particular.

 

Da Penha (Fernandes) v. Brazil
Da Penha v Brazil was the first decision, under the Inter-American system and worldwide, to hold that a State had committed a human rights violation for failing to protect a woman from domestic violence. Maria De Penha Fernandes filed a petition against Brazil in 1998, alleging that the Brazilian government condoned the ongoing domestic violence perpetrated against her by her husband, which culminated in two attempted murders, the first of which left her paralyzed. Despite clear evidence implicating the perpetrator, the initial investigation into the complainant's situation began eight years after the first murder attempt, and a final sentence had not yet been reached at the time of the complaint, seventeen years later. The Commission found that the States failure to effectively prosecute violated the American Convention of Human Rights (CADH), namely the rights to a fair trial and to judicial protection (Articles 8 and 25). Articles 2 and 18 of the American Declaration on the Rights and Duties of Man and Article 7 of the Convention of Belem do Para were also found to have been violated. One of the key elements of the Commission's decision is its focus on the pattern of negligence and ineffectiveness in the prosecution of violence against women cases. This case is also noteworthy for its discussion of temporal jurisdiction and the requirement that domestic remedies be exhausted. In Da Penha, the Commission shows a willingness to interpret its jurisdictional rules in favour of assuming jurisdiction.

 

E.S. and Others v. Slovakia
In E.S., the Court confirmed its previous decisions in Bevacqua and Opuz by holding that State failures to protect women and children from domestic violence can violate Articles 3 (freedom from inhuman and degrading treatment) and 8 (respect for private and family life) of the European Convention on Human Rights. E.S., who was recently divorced from her husband and had obtained legal custody of their children, filed a criminal complaint against her husband stating that he had mistreated both her and the children, and had sexually abused one of their daughters. She requested interim measures ordering her husband to move out of the flat in which they were joint tenants. The courts denied her request, finding that it did not have the power to restrict the husbands right to use his property. E.S. was consequently required to move away with the children. Though the property interests were eventually severed, the fact that domestic law prevented E.S. from obtaining protection when she needed it was found to be in violation of the Convention. In finding that the Convention had been violated, the Court stated that the domestic authorities failed to protect the applicant and her children from ill treatment, and also failed to meet their positive obligations to respect the family and private lives of the applicants.

 

Global gendered impacts of the Ukraine crisis on energy access and food security and nutrition , Economic Empowerment Section of UN Women
This UN Policy report examines the impact of the 2022 war between Ukraine and Russia on women and girls. The report focuses chiefly on sexual violence against women, food insecurity and malnutrition, and energy poverty. The report shows that not has the war caused an increase in sexual violence, but that women’s food security and nutrition is disproportionately jeopardized. Additionally, the report shows that energy poverty has resulted in unequal impacts on gender equality and women’s rights by creating inequitable access to energy. After reviewing the available evidence, this report in combination with the UN Secretary-General’s publications on the war in Ukraine, recommends urgent attention to the consequences on women and girls. The report concludes by presenting further recommendations on essential measures to achieve the 2030 Agenda and the Sustainable Developmental Goals. 

 

Edwards, Alice , Displacement, Statelessness, and Questions of Gender Equality and the Convention on the Elimination of All Forms of Discrimination against Women
This article demonstrates how CEDAW can be used to protect displaced and stateless women and girls who are vulnerable to violence and discrimination. The article provides an overview of the role of the Committee on the Elimination of Discrimination Against Women and describes the structures in place that support it in this role. The article discusses the lack of formal structures supporting the UNHCR in its function of overseeing implementation of statelessness conventions. The article suggests that CEDAW can be used to complement the role of the UNHCR by monitoring the implementation of human rights obligations in respect of displaced and stateless women.

 

Funk, Anette, Lang, James L. , Ending Violence against Women and Girls - Protecting Human Rights: Good Practices for Development Cooperation
This report by a German governmental organization, GTZ, discusses the relationship between violence against women and development, noting that the former impedes the latter and places heavy social and economic burdens on society as a whole. It argues that "the root causes of violence against women are dominant gender norms and the unequal power balance between men and women" and seeks to develop a set of good practices to end this structural inequity. It begins by analyzing violence against women and the harmful impact on development. Violence against women is also discussed in relation to international human rights law and UN Millennium Development Goals. The report ends by using the activities of GTZ to illustrate potential strategies to end gender-based violence against women. [Descriptors: Violence Against Women, International]

 

The Global Burden of Armed Violence 2011: Lethal Encounters 113 , Geneva Declaration Secretariat
This chapter monitors and interprets femicide in both armed conflict and in the domestic sphere, finding that more than half of all femicides occur in the domestic sphere, a result of intimate partner violence. Despite the underdiagnostic effect of the scarcity of data, the study concludes that femicide correlates strongly with intimate partner violence. This study disaggregates actors, causes and circumstances to show that the place where women are most unsafe is often in their own homes. The chapter finds that hidden forms of both lethal and non-lethal violence against women must be documented and reported in order to effectively map strategies for its prevention. To this end, the aggregation of data tracking the distribution of violence against women is a crucial factor in undertaking cross-national and sub-national initiatives to confront the problem.

 

Women Count: UN Security Council Resolution 1325: Civil Society Monitoring Report 2012 (2012) , Global Network of Women Peacebuilders
Annotation This report provides comprehensively indexed country-specific analysis and recommendations on major trends in the implementation of UNSCR 1325 in each of the participating countries. Systematizing this information is intended to better enable GNWP members and their partners to use these findings as advocacy tools in pushing for more extensive implementation of the recommendations. The study uses tiered indicators to measure and monitor progress, and finds that post-conflict contexts appear to offer a window of opportunity for reforming discriminatory legislation and for initiating pro-gender policies. While there is a major implementation gap hindering the effectiveness of these laws and policies, access to transitional justice through community-based initiatives can be effective at both local and regional levels. Regional coordination in conjunction with smaller and more flexible funding opportunities has been established as among best practices; however inadequate budget allocations remain a major issue, and lack of data as well as disaggregated data remain problematic.

 

Gonzales et al. (otton Field v. Mexico, Preliminary Objection, Merits, Reparations, and Costs,
The Cotton Field petition concerned the State's response to the disappearance, torture and murder of three young girls near Ciudad Juarez, Mexico, whose bodies were among eight found in a cotton field. This case is noteworthy for its application of the due diligence standard to assess the State's response to the girls' disappearances. The Court found the murders formed part of a systematic pattern of gender-based human rights abuses in the Ciudad Juarez region, as the murders shared common factors that were indicative of a pattern of violence against women. The Court highlighted that the victims were primarily girl children, a particularly vulnerable group identified in Article 9 of the Convention of Belem do Para. The Court also concluded that the police investigation of the disappearances was inefficient, incompetent and insensitive, and that this failure contributed to a climate of impunity in the Ciudad Juarez region. The Court consequently held that Mexico was in violation of Articles 4(1), 5(1), 5(2) and 7(1) of the American Convention on Human Rights (CADH), namely the rights to life, personal integrity and liberty of the named victims. The Court also found that these rights were violated in connection to Articles 19 and 1(1). However, the Court placed an important limitation on the States obligation of due diligence, noting that a pattern of systemic violence against women does not give rise in and of itself to obligations towards individual victims. It was only once the girls were reported missing by their families that a strict due diligence obligation was triggered.

 

Pages