Women's Human Rights Resources Database

This book is a study into state intervention regarding discrimination against women and girls, and specifically into gender hierarchies and stereotypes that feed gender-based violence (GBV). Using various documentation such as international and regional jurisprudence, as well as CEDAW reports, Elisabeth Henn creates an in-depth study of GBV’s overall scope and the primary and secondary obligations that states have in addressing GBV. Henn then outlines a number of short- and long-term measures against GBV that will work to end violence against women and girls internationally. Lastly, she outlines her findings in the final chapter in a succinct conclusion to her book. 

This report documents the torture, rape and other serious human rights violations by Kenyan Security Forces in the Mandera Triangle. Human Rights Watch tracks the joint police-military operation launched by the Kenyan government in October 2008 that was planned as a deliberate attack on the local civilian population. The report reveals that over the course of several days, the Kenyan army and police targeted 10 towns where members of the security forces beat and tortured men and raped women in their own homes. Many of the victims report that senior police and army commanders were present during the operation and witnessed the widespread abuse and torture of civilians. While the Kenyan government has proposed security reforms, Human Rights Watch emphasizes that the only way it can prove its commitment to ending the impunity of its security forces is through implementation of reforms and prosecution of those responsible for these abuses.

This submission proposes that women and girls with disabilities face a double discrimination resulting in increased risk of violence by a larger range of perpetrators, at a higher frequency, and for a longer duration than that faced by women without disabilities. Key issues identified are legalized forced sterilization of women and girls with disabilities in many countries, less reporting of and barriers to prosecution and punishment for crimes of violence against women and girls with disabilities, and lack of consideration of women and with disabilities when programs addressing violence against women are developed. The submission provides an overview of relevant international instruments, including the Committee on the Rights of Persons with Disabilities, the Convention on the Elimination of Discrimination Against Women, and the Convention on the Rights of the Child. Uganda is examined as a case study, and specific recommendations for that country, as well as for the UN agencies and development parties working there, are offered.

This report uses available data and recent interviews conducted with indigenous women, social workers, and police officers, to scrutinize the relationship between indigenous women and girls and the Royal Canadian Mounted Police (RCMP) in northern and rural communities in British Colombia, Canada. The report highlights authorities' failure to deal with the disproportionately high rates of murdered and missing indigenous women in Canada and discusses the impact of residential schools and systemic discrimination on indigenous communities' relationships with the RCMP. The report primarily focuses on first-hand accounts of police abuse involving indigenous women and girls, the RCMP's failure to protect indigenous women and girls, and the police force's lack of accountability and inadequate complaint and oversight procedures. The report also provides a list of recommendations for the RCMP and the Canadian federal and provincial governments and examines how the discussed failures intersect with Canada's obligations under international law.

Ines Fernandes Ortega, an Indigenous woman who was raped by a member of the Mexican military, filed a claim centered on the State's failure to provide her with adequate medical and legal services after the incident. Ortega also alleged that the military's investigation of her case had been ineffective, as it had progressed little over the course of eight years. The Ortega case is noteworthy primarily for its discussion of rape as a form of torture under the Inter-American Convention to Prevent and Punish Torture, as well as its attempt to analyze the case taking into account the victim's multidimensional identity as an Indigenous woman living in a marginalized community. The Court also found that the State was responsible for violating Articles 5 and 11 of the Convention in relation to Article 1(1), Articles 1, 2, 6, 8 and 25 of the Inter-American Convention to Prevent and Punish Torture, and Article 7(a) of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women. One of the key holdings in Ortega is that rape never bears a link to military discipline, and that it will always be inappropriate for the military to assume jurisdiction over investigations of incidents of sexual violence.

This report discusses the relationship between violence against women, and sexual and reproductive health issues. It begins by providing a background to the problem of gender-based violence related to pregnancy and abortion, including a discussion on international human rights law and the impunity of perpetrators. The links between violence, pregnancy and abortion are then discussed. The last portion of the report focuses on solutions based on a health promotion approach that can be implemented to address this problem at the local, national and international levels. Personal accounts are included to illustrate the extent of human rights violations experienced by women around the world. [Descriptors: Violence Against Women, International]

The Gonzales decision offers a concrete application of the due diligence standard in the context of domestic violence. Lenahan petitioned the Commission following the murders of her three minor daughters by her estranged husband. She alleged violations of her rights based on the failure of the police to respond to her calls on the night of the murders, and the failure to investigate the circumstances of the deaths, including possible errors by the police that may have contributed to the deaths. This case is particularly noteworthy for its canvassing of the international bodies' positions on the due diligence standard, which the Commission adopts and applies in this case. The Commission's analysis is also noteworthy for the emphasis placed on the existence of a restraining order as providing notice of danger to the State, as well as its discussion of the concrete steps that the police should have taken. The Commission re-iterated that a State's failure to act with due diligence to protect women from violence constitutes a form of discrimination, and that this responsibility extends to preventing, prosecuting and sanctioning acts of violence committed by private actors. The Commission held that in this case, the United States failed to exercise due diligence to protect Lenahan and her children from domestic violence, and was thus in violation of its obligations under the American Declaration on the Rights and Duties of Man, namely the rights to equal protection before the law (Article II), life (Article I), special protection as girl children (Article VII) and judicial protection (Article XVIII).

Opuz is the case in which the Court established that State failures to protect women from violence can violate the right to non-discrimination, enshrined in Article 14. Turkeys failure to set up a system to protect domestic violence victims and punish offenders was also found to violate the rights to life (Article 2) and freedom from degrading or inhuman treatment (Article 3). Opuz alleged that State authorities had failed to protect her and her mother from domestic violence at the hands of her husband, which led to the infliction of life-threatening injuries on the complainant and to the death of her mother. Several complaints had been filed over the course of seven years, with no action by the authorities. It was only when Opuzs mother was murdered that her husband was arrested, though he was released pending his appeal, and continued to threaten Opuz. The States failures in this case were recognized to be systemic, as the Turkish legal system did not offer many of the measures generally used to protect victims of domestic violence.

This comprehensive report scrutinizes the effectiveness of strategies currently being employed by Organization of American States (OAS) members in the domestic implementation of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women. The report focuses on national policies, social, economic and institutional barriers, and the relative impact of measures taken. Specific areas covered by the report include institutional violence against women; confronting legal, social and cultural conditions that perpetuate violence against women; legislative and administrative frameworks; the obligation of due diligence; access to justice and specialized services for victims: protection of particularly vulnerable groups; trafficking; research and evaluation methods; and international cooperation. The report concludes by stating that while the existence of the Convention has contributed to a growing recognition of the seriousness of the problem, little documented impact on women's conditions has materialized. As a result, the report warns that the legitimate need for patience and perseverance should not be utilized as a guise for complacency. [Descriptors: Key Treaties and Texts, Violence Against Women, International - Latin America, International - North America]

This paper makes a case for including gender-based persecution as a legal ground for seeking protection under international refugee law.

This report examines the phenomenon of child marriage in Pakistan and the ways in which it disproportionately infringes on young girls’ human rights. The authors find that child brides, in general, have “a greater likelihood of school dropout and illiteracy, lower labour force participation and earnings, and less control over productive household assets.” Their own children often suffer poor health, while they are subject to pain and suffering because of heightened risk of domestic violence. The study therefore hopes to achieve three important goals: first, to shed light on the lack of evidence on incidence, socioeconomic effects, and costs of child marriage in the country; second, to inform and engage with governmental policy debate and legal reform aimed at eradicating child marriage; and third, to create a broader socio-political and normative conversation surrounding the issue of child marriage in Pakistan and beyond. 

This report emphasizes States' responsibility to eradicate violence in the family, including violence tolerated on the basis of arguments of cultural relativism. The Special Rapporteur identifies various cultural practices that are discriminatory against women in the community and provides recommendations on ways to eliminate these practices. The Special Rapporteur suggests that States develop penal, civil and administrative sanctions in domestic legislation to punish violence in the family and provide redress to women victims, even where the violence is associated with a cultural practice. She identifies numerous international norms and standards that demonstrate States obligations to take steps to eradicate all forms of discrimination against women, including the modification of cultural patterns where necessary, and highlights that States cannot raise the cultural relativism arguments where doing so would allow women to be targets of violence. The Special Rapporteur notes that cultural practices that involve "severe pain and suffering" for women or girls, such as female genital mutilation and honour killings, must receive maximum international scrutiny and agitation to ensure that they are eliminated as quickly as possible.

This report focused on States' compliance with their international obligations with respect to domestic violence, specifically in the context of family situations, and refers to the 1996 report of the Special Rapporteur (E/CN4/1996/53), where the Special Rapporteur adopted an expansive definition of violence in the family to include violence that targets women because of their role in the domestic sphere or violence that targeted directly or indirectly at women within the family context. The Special Rapporteur cites General Recommendation 19 under CEDAW to demonstrate that international standards clearly prohibit VAW in the family. She notes there are three doctrines that were put forward by experts in international law in an attempt to deal with the issue of VAW by private actors: 1) States have a due diligence duty to prevent, investigate and punish international law violations and pay just compensation; 2) If it can be shown that law enforcement discriminates against the victims in cases involving VAW, then states may be held liable for violating international human rights standards of equality; 3) Domestic violence is a form of torture and should be dealt with accordingly. In this report, the Special Rapporteur emphasized that the principle of due diligence is gaining international recognition, especially in light of the inclusion of due diligence obligations for States under Article 4 of the Declaration on the Elimination of Violence against Women and General Recommendation 19 of CEDAW.

This report reviews developments in the international community's approach to violence against women between 1994 and 2002, noting specific events that took place in that time period that lead to women's rights being recognized as human rights and women being afforded an international venue to claim remedies when all domestic judicial mechanisms were exhausted. The report also notes there have been significant developments with regards to the States obligations under the due diligence standard and governments are expected to actively intervene even if rights violations are perpetrated by a private individual. Although there has been progress, States have generally failed in their international obligations to effectively prevent, investigate and prosecute violence against women.

With the adoption of UN Security Council Resolution 1325 on Women, Peace and Security in 2000, the international community signaled its commitment to addressing the inequalities that exist between men and women in armed conflict. While attempts have been made to address the inequalities, progress has been limited and sexual violence and rape continue to be used as a means of war. One of the primary issues is the lack of an accountability mechanism to ensure implementation of the resolution. CEDAW is requesting that Member States collaborate with civil societies and NGOs to improve implementation. The Committee notes that states can help reduce the level of violence during armed conflict by responding to womens needs and protection, prosecuting the individuals responsible for the violence, and encouraging the involvement of women in decision-making.

This report summarizes the results of an expert group meeting on good practices in ending violence against women that took place in Vienna, Austria in May 2005. The report begins with a background on violence against women and a discussion on its definition. Using examples, the remainder of the report focuses on good and promising practices in law, provision of services and prevention. The report emphasizes that what are considered good practices are not necessarily universal and depend on the context of their implementation. In its conclusion, the report identifies remaining challenges including the involvement of men in the campaign to end violence against women. [Descriptors: Violence Against Women, International]

This report outlines the methods and findings of the Programme, ‘Implementing Norms, Changing Minds’ that ran between February, 2017 and January, 2020. The Programme’s objective was to end gender-based discrimination and violence (GBV) in the Western Balkans and Turkey and create a second, more informed Programme. The report finds that GBV, including IPV and attacks on female politicians or journalists, is rampant in the regions. This violence occurs in both the private and public spheres and is indicative of patriarchal values influenced by discriminatory societal norms and attitudes. Yet, formal reporting of GBV is low and women seldom seek support from institutions or organizations because of shame, embarrassment, lack of trust in ⎼ or a failing of ⎼ the systems, and fear of retribution. The Programme successfully monitored and reported on regional normative standards and mechanisms, analyzed and enhanced accessible networking practices among women, and incorporated intersectional approaches. 

This report discusses the domestic abuse of women and girls on a global scale, noting that despite advancement of women's human rights and a growing understanding of domestic violence, significant portions of the female population continue to suffer gender-based maltreatment on an international scale. The report argues that recognition of domestic violence as a criminal offence and ending impunity are necessary to end the violence. The report begins with an overview on domestic violence and a description of the scope and magnitude of the problem. Causes and consequences of domestic violence are then analyzed. It ends with a series of recommendations and strategies. [Descriptors: Violence Against Women, International]

This study provides an overview of the context and structural causes of violence against women, describes the types and forms of violence experienced, and its consequences and costs. The study discusses States responsibilities to address violence against women and identifies gaps in the implementation of international standards. The study describes promising practices currently in action as well as challenges in implementation of law and services for the prevention of violence against women. Lastly, the report calls on states to prioritize efforts to eradicate violence against women at the local, national and international levels

The Committee, in its concluding observations for the country report submitted by Sweden, expresses concern that the State party does not have a specific criminal offence for domestic violence. Also, despite the State party's efforts, most reports of violence against women are not prosecuted. The Committee recommends that the State party adopt specific legislation to criminalize domestic violence and increase efforts to prosecute offenders.

In this report, The Committee recognizes Cambodia's adoption of the Law on Prevention of Domestic Violence Protection of Victims, but expresses concern over the continuing high levels of violence against women and girls that is accompanied by gender-biased attitudes blaming the victim and limiting her options and support. The Committee recommends that Domestic Violence Law be strictly enforced and prosecuted and that the State party take steps to increase gender equality in all aspects of its law and policy. The Committee further requests a detailed update to follow in the State partys next periodic report.

This report by UN Women examines efforts to combat sexual violence during times of armed conflict and makes recommendations for peacekeepers to improve these efforts. The report notes the importance of the military in this regard, as the first responder to most crises. The report argues that sexual violence is the least condemned war crime, and that it is thus crucial that it receive increased attention. The report proposes the installation of ceasefire monitors during times of declared ceasefire, noting the prevalence of rape at those times. The report also recommends the creation of specialized tasks to be instituted in military installations based on preventive physical protection, joint protection, quick impact projects, and community liaisons. The report draws a clear distinction between gender balance and gender capacity, arguing that increasing the involvement of women will not suffice without training for all those involved with peace-keeping efforts.

UN Security Council Resolution 1325 recognizes that armed conflict affects women and girls differently than men and boys. This resolution has resulted in some improvements, but implementation challenges remain. Four recent resolutions (1820 in 2008, 1888 and 1889 in 2009, and 1960 in 2010) attempt to address these challenges. Together with Resolution 1325, these resolutions are known as the Women, Peace, and Security resolutions (WPS). This collection of papers provides resource material to support the implementation of these resolutions.

The Declaration on the Elimination of Violence Against Women (DEVAW) focuses specifically on the problem of gender-based violence against women and girls. In Article 1, it sets out the definition of violence against women as "any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life". Subsequent articles outline women's human rights and fundamental freedoms, and state parties' obligations to uphold these rights and eliminate violence against women and girls. [Descriptors: Violence Against Women, International]