Asia

Fulu E, Warner X, Miedema S, Jewkes R, Roselli T, Lang J. Why Do Some Men Use Violence Against Women and How Can We Prevent It? Quantitative Findings from the United Nations Multi-Country Study on Men and Violence in Asia and the Pacific. Partners for Prevention; 2013. Publisher's VersionAbstract

http://www.partners4prevention.org/about-prevention/research/men-and-vio...

From 2010 to 2013, over 10,000 men in six countries across Asia and the Pacific were interviewed using the UN Multi-country Study on Men and Violence household survey on men’s perpetration and experiences of violence, as well as men's other life experiences. The countries included were Bangladesh, Cambodia, China, Indonesia, Sri Lanka and Papua New Guinea. The study was a collaborative effort involving partners from academia, research institutes, civil society, the United Nations family and governments around the globe.  

The regional analysis found that overall nearly half of those men interviewed reported using physical and/or sexual violence against a female partner, ranging from 26 percent to 80 percent across the sites.  Nearly a quarter of men interviewed reported perpetrating rape against a woman or girl, ranging from 10 percent to 62 percent across the sites. 

The report further explores prevalence of different types of violence and the factors that drive men's use of violence. It makes important recommendations on how to use the data to more effectively prevent violence against women in Asia and the Pacific.

Swajaya N. ASEAN Day Panel Discussion - Presentation of Amb. I Gede Ngurah Swajaya, in Panel Discussion on the ASEAN Community Building. Jakarta, Indonesia ; 2013. Publisher's VersionAbstract

http://aichr.org/documents/

Very last document

Promoting and protection of human rights cooperation in ASEAN is an evolving process. It was started by the endorsement of the Joint Communique of the 26th ASEAN Foreign Ministers’ Meeting in 1993 in which ASEAN pledged, for the first time, its commitment to respect and promote human rights and fundamental freedom. The United Nations World Conference on Human Rights in Vienna, Austria acknowledged and welcome this commitment. Since then, the process of establishing an ASEAN Mechanism to promote and protect human rights has been started.

Hanoi Plan of Action, as the first Plan of Action to implement the ASEAN Vision 20202 reemphasized ASEAN's commitment to exchange information among its members on the promotion and protection of Human Rights as elaborated in section IV, paragraph 4.8.3 As the second phase of the Plan of Action to implement the ASEAN Vision 2020, the 2004 Vientiane Action Program, under the sub-section Political Development, ASEAN reaffirmed its commitment to promote human rights and fundamental freedom. ASEAN Charter that was entered into force at the end of 2008 gave a significant leapfrog to

the ASEAN’s efforts to establish its Human Rights mechanisms and to promote further the protection of human rights and fundamental freedom. As the last phase to implement the ASEAN Vision 2020 and the establishment of the ASEAN Community 2015, the ASEAN Political-Security Community Blueprint, particularly under section A.1.5, charted the way forward to further strengthen ASEAN's commitment on the promotion and protection of human rights.

The ASEAN Intergovernmental Commission on Human Rights (AICHR) established as the follow up the entry into force of the ASEAN Charter, took up its role as the ASEAN overarching mechanism to promote and protect human rights and fundamental freedom in close collaboration with other mechanisms, including the ACWC. Although the current role of the AICHR is mainly focusing on human rights promotion, however, a significant progress has been achieved in its work to develop the ASEAN Human Rights Declaration (AHRD), which was endorsed by the ASEAN Leaders through the Phnom Penh Statement on the adoption of the ASEAN Human Rights Declaration.

AHRD Book Launch Remarks – Chair of the AICHR. Association of Southeast Asian Nations. 2013. Publisher's VersionAbstract

http://aichr.org/documents/

It is indeed an honor for me as Chair of the ASEAN Intergovernmental Commission on Human Rights (AICHR) to officiate this important occasion as we gather to celebrate the launch of the book on the ASEAN Human Rights Declaration and the Phnom Penh Statement on the Adoption of the AHRD in the national languages of ASEAN Member States and to introduce the AHRD to all of you during the 46th Anniversary of ASEAN. The ASEAN Human Rights Declaration is a landmark document and milestone journey for our region demonstrating the commitment and support of ASEAN to promote and protect human rights and fundamental freedoms.

ASEAN Declaration on Strengthening Social Protection. Association of South East Asian Nations. 2013. Publisher's VersionAbstract

http://aichr.org/documents/

We, the Heads of State/Government of the Association of Southeast Asian Nations (hereinafter referred to as “ASEAN”), namely Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Republic of the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam, on the occasion of the 23rd ASEAN Summit in Brunei Darussalam.

Qureshi S. The Emergence/Extention of Due Diligence Standard to Assess the State Response towards Violence against Women/Domestic Violence. An International Journal of South Asian Studies. 2013;28 (1) :55-66. Publisher's VersionAbstract

http://pu.edu.pk/home/journal/9/Vol_28_No_1_2013.html

This article begins by providing a brief summary of emergence of due diligence principle in the International human rights law. The article then explores the role of International/regional human rights mechanisms/instruments in clarifying and specifying the content of due diligence obligations and its application in the context of violence against women. It illuminates, in particular, the contribution of the reports prepared by the mandate holders of United Nations Special Rapporteurs on violence against women, its causes and consequences. The article argues that the criterion has been useful in dealing with gender based violence within a human rights framework since it provides a yardstick to determine what constitutes effective fulfilment of the obligation (Manjoo, 2001). It concludes by taking note of Pakistan’s level of compliance with due diligence obligation particularly in the area of ‘prevention’ of violence against women. 

Padilla CR. Asia Pacific Roundtable: International and Regional Standard setting to eliminate Violence Against Women 2013, in Asia Pacific Roundtable. Bali, Indonesia ; 2013.Abstract

This paper provides background information on the international legal and policy framework on
violence against women, plural legal systems and women’s movements for the participants
attending the Asia Pacific Roundtable: International and Regional Standard setting to eliminate
Violence Against Women 2013, set to be held on 7 and 8 Dec, in Bali, Indonesia.

Guanzon RAV. Legal and Conceptual Framework of Battered Woman Syndrome as a Defence. Philippine Law Journal . 2012;86.Abstract

In September 2011, a woman by the name of Shiela Macapugay hid a .38 caliber gun in the lining of her bag that was undetected by the security in the mall where her husband was working. She fired a fatal shot at her husband and in her attempt to kill herself immediately thereafter, also killed the security guard who tried to stop her from committing suicide.

The demise of Macapugay’s husband was not a simple but common occurrence. Her husband abandoned her and their child to be with another woman, and denied them of support. These are acts of violence against women protected by Republic Act No. 9262, otherwise known as the Anti-Violence Against Women and Children Act of 2004. Sheila Macapugay is now facing charges of both parricide and murder for the tragedy. If convicted, she will suffer a fate of imprisonment, reclusion perpetua. Fortunately, because of RA 9262, she has a defense available. Her counsel may present evidence that she was suffering from Battered Woman Syndrome (BWS), a justifying circumstance under RA 9262.

 Notably, years ago before there was RA 9262, a policewoman, who was battered by her husband, shot him. She pleaded guilty, and years later, was released on parole. Such case would have been a good test case for BWS as a defense but there was no RA 9262 then. This paper will discuss the legal concepts, as well as the issues and problems of BWS as a legal defense, and the role of psychiatrists, psychologists, barangay officials and counselors. Macapugay’s case has been witnessed by society and jurisprudence since time immemorial, and now, it is a good test case to use the innovations created in RA 9262.

 

Concluding observations of the Committee on the Elimination of Discrimination against Women. Office of the High Commissioner for Human Rights; 2012. Publisher's VersionAbstract

http://www2.ohchr.org/english/bodies/cedaw/docs/co/CEDAW-C-IDN-CO-6-7.pdf

The Committee expresses its appreciation to the State party for its combined sixth and seventh periodic report, which was well structured and, in general, followed the Committee’s guidelines for the preparation of reports, although it lacked references to the Committee’s general recommendations and to some specific sex disaggregated data. The Committee expresses its appreciation to the State party for its oral presentation, the written replies to the list of issues and questions raised by the pre-session working group, and the further clarifications to the questions posed orally by the Committee.

Unveiling Justice: Women’s Access to Justice in the Philippines. Women's Legal and Human Rights Bureau; 2012. Publisher's VersionAbstract

http://www.genderit.org/resources/submission-upr-women-s-access-justice-...

The submission to the UPR process elaborated by the Women´s Legal and Human Rights Bureau, Inc from the Philippines addresses the issue of women’s access to justice in the country, which highlights technology-related violence against women (VAW) as an emerging form of VAW. The submission also looks at the gaps and challenges in available domestic remedies to survivors of violence and abuse against women online, criticizing that existing laws on VAW do not guarantee the prosecution of technology-related VAW. It further highlights the importance of women’s access to the internet and their representation in policy processes as integral to their right to access to justice.

Abeyratne R, Jain D. Domestic Violence Legislation in India: The Pitfalls of a Human Rights Approach to Gender Equality. American University Journal of Gender, Social Policy and Law. 2012;21 (2). Publisher's VersionAbstract

http://digitalcommons.wcl.american.edu/jgspl/vol21/iss2/4/

In Jessica Lenahan (Gonzales) v. United States, the Inter-American Commission on Human Rights found, inter alia, that the United States violated a woman's right to equality and non-discrimination under Article II of the American Declaration of the Rights and Duties of Man.' The Commission found that the existing legal framework in the United States does not meet international human rights standards, particularly with regard to women from minority and low-income groups. It stressed that international law requires states to act with "due diligence" to protect women from domestic violence. Moreover, the Commission recognized that because domestic violence is one of the most pervasive and pernicious forms of gender-based violence, states should adopt special measures to protect at-risk groups, including young women. It urged the United States to enact laws to make the enforcement of protective orders mandatory and "to create effective implementation mechanisms . . . accompanied by adequate resources destined to foster their implementation" and "training programs" for law enforcement and judicial officials. 

"I Had To Run Away:" The Imprisonment of Women and Girls for “Moral Crimes” in Afghanistan. Human Rights Watch; 2012. Publisher's VersionAbstract

http://www.hrw.org/reports/2012/03/28/i-had-run-away

This 120-page report is based on 58 interviews conducted in three prisons and three juvenile detention facilities with women and girls accused of “moral crimes.” Almost all girls in juvenile detention in Afghanistan had been arrested for “moral crimes,” while about half of women in Afghan prisons were arrested on these charges. These “crimes” usually involve flight from unlawful forced marriage or domestic violence. Some women and girls have been convicted of zina, sex outside of marriage, after being raped or forced into prostitution.

The fall of the Taliban government in 2001 promised a new era of women’s rights. Significant improvements have occurred in education, maternal mortality, employment, and the role of women in public life and governance. Yet the imprisonment of women and girls for “moral crimes” is just one sign of the difficult present and worrying future faced by Afghan women and girls as the international community moves to decrease substantially its commitments in Afghanistan.

ASEAN Human Rights Declaration. Association of Southeast Asian Nations. 2012. Publisher's VersionAbstract

http://aichr.org/documents/

The ASEAN Declaration on Strengthening Social Protection was adopted at the 23rd ASEAN Summit in 2013. The ASEAN Member States had declared to enforce adequate social protection measures, expand social insurance to the informal sector and social assistance to the unemployed and vulnerable groups.

Phnom Penh Statement on the Adoption of the ASEAN Human Rights Declaration (AHRD). Association of Southeast Asian Nations. 2012. Publisher's VersionAbstract

http://asean.org/2012/11/?cat=21

 

WE, the Heads of State/Government of the Member States of the Association of Southeast Asian Nations (ASEAN), on the occasion of the 21st ASEAN Summit in Phnom Penh, Cambodia;

REAFFIRMING ASEAN’s commitment to the promotion and protection of human rights and fundamental freedoms as well as the purposes and the principles as enshrined in the ASEAN Charter, including the principles of democracy, rule of law and good governance;

REITERATING ASEAN and its Member States’ commitment to the Charter of the United Nations, the Universal Declaration of Human Rights, the Vienna Declaration and Programme of Action, and other international human rights instruments, to which ASEAN Member States are parties as well as to relevant ASEAN declarations and instruments pertaining to human rights;

Guidelines on the Operations of AICHR. Association of Southeast Asian Nations. 2012. Publisher's VersionAbstract

http://aichr.org/documents/

As the overarching institution responsible for the promotion and protection of Human Rights in ASEAN, the ASEAN Intergovernmental Commission on Human Rights (hereinafter shall be referred to as “the AICHR”) will discharge its duties pursuant to Article 14 of the ASEAN Charter and the AICHR’s Terms of Reference (TOR). The operations of the AICHR shall be conducted in accordance to the following Guidelines:

ASEAN Human Rights Declaration. Association of Southeast Asian Nations. 2012. Publisher's VersionAbstract

http://www.asean.org/storage/images/ASEAN_RTK_2014/6_AHRD_Booklet.pdf

WE, the Heads of State/Government of the Member States of the Association of Southeast Asian Nations (hereinafter referred to as "ASEAN"), namely Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People's Democratic Republic, Malaysia, the Republic of the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam, on the occasion of the 21st ASEAN Summit in Phnom Penh, Cambodia.

REAFFIRMING our adherence to the purposes and principles of ASEAN as enshrined in the ASEAN Charter, in particular the respect for and promotion and protection of human rights and fundamental freedoms, as well as the principles of democracy, the rule of law and good governance;

REAFFIRMING FURTHER our commitment to the Universal Declaration of Human Rights, the Charter of the United Nations, the Vienna Declaration and Programme of Action, and other international human rights instruments to which ASEAN Member States are parties;

REAFFIRMING ALSO the importance of ASEAN’s efforts in promoting human rights, including the Declaration of the Advancement of Women in the ASEAN Region and the Declaration on the Elimination of Violence against Women in the ASEAN Region;

CONVINCED that this Declaration will help establish a framework for human rights cooperation in the region and contribute to the ASEAN community building process.

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