Asia

Guanzon RV. Laws on Violence Against Women in the Philippines, in Expert Group Meeting on good practices in legislation on violence against women . ; 2008.Abstract

Since 1995, violence against women (VAW) has captured the attention of the government and legislators in the Philippines, propelled by the demand of a growing women’s human rights movement and the Convention on the Elimination of All Forms of Discrimination Against Women, its Optional Protocol as well as other international conventions. The Beijing Conference on Women in 1995 heightened the demand of women’s rights advocates for laws protecting women from violence.

Progressive reforms in laws protecting women was brought about by several factors beginning with the democratization process that began in the 1986 People Power Revolution after the fall of the Marcos dictatorship, the 1987 Constitution that has specific provisions on the rights of women and fundamental equality before the law of men and women, the increasing number of women’s organizations in the provinces with links to Metro Manila based women’s rights organizations, and the participation of women legislations who are becoming increasingly aware of the need for gender equality and the elimination of VAW. This period marks the contribution of women legislators who were elected in the 1988 elections and thereafter. 

Philippines National Demographic and Health Survey. National Statistics Office; 2008. Publisher's VersionAbstract

http://www.usaid.gov/gsearch/philippines%2Bnational%2Bsurvey%2B2008

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The National Statistics Office (NSO) is pleased to present this final report on the 2008 National Demographic and Health Survey (NDHS). The survey is the ninth in a series of surveys conducted every five years since 1968 designed to assess the demographic and health situation in the country. The 2008 NDHS provides basic indicators on fertility, childhood mortality, contraceptive knowledge and use, maternal and child health, nutritional status of mothers and children, and knowledge, attitude and behavior regarding HIV/AIDS and tuberculosis. For the first time, data on violence against women were collected in this round of the DHS. Fieldwork for the 2008 NDHS was carried out from August 7 to September 27, 2008 covering a national sample of approximately 13,000 households and 14,000 women aged 15 to 49 years.

Motoyama H, Yanagimoto Y, Smee S. Violations of Women's Rights in Japan. UN Committee Against Torture; 2007. Publisher's VersionAbstract

http://www.omct.org/violence-against-women/urgent-interventions/japan/20...

This report was designed to supplement the NGO Shadow Report on the general situation of torture in Japan, in order to ensure that women’s issues are brought to the attention of the United Nations Committee against Torture (“CAT”) in its consideration of, and response to, torture and ill-treatment in Japan, given the Government’s failure to recognize the scale and seriousness of gender-based violence. The report was presented by OMCT and AJWRC at the CAT’s 38th session held in May 2007 in Geneva.1 Torture and other manners of ill-treatment of women in Japan, including rape, domestic violence and trafficking, persist in Japanese society under silent acquiescence, open tolerance, inaction and sometimes direct involvement of state agents including: police, immigration control officers and the judiciary. Further, the Japanese State continues to fail to provide redress and remedy for the victims of such crimes, including the military sexual slavery during the Second World War. Even though several international bodies, such as the Committee on the Elimination of All Forms of Discrimination against Women (“CEDAW”) and the International Labour Organization (“ILO”), have made recommendations to the Japanese State, for it to address these issues in a responsible manner, it has failed to take necessary actions.

Ruijun D. Promoting Domestic Implementation of CEDAW in China. Worldwide Constitutional Law Studies; 2007. Publisher's VersionAbstract

http://www.iolaw.org.cn/global/en/shownews.asp?id=18172

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted unanimously by UN General Assembly in 1979, taken as one of the core human rights treaties of the United Nations, is the milestone of the movement for gender equality. To achieve the aim of gender equality, CEDAW endows women with comprehensive rights in civil, political, economic, social, cultural and domestic aspects, and imposes state parties to take all appropriate measures to eliminate all forms of discrimination against women.

People’s Republic of China ratified CEDAW in December 1980, and made a reservation on Article 29(1) of the Convention. China has not ratified the optional protocol. According to Article 18 of the convention, till now, China has handed in 6 periodical reports to the Committee on the Elimination of Discrimination against Women.

Radacic I. Human Rights of Women and the Public/Private Divide in International Human Rights Law. Croatian Yearbook of European Law and Policy. 2007;3. Publisher's VersionAbstract

http://www.cyelp.com/index.php/cyelp/article/view/42

Women’s human rights have long been marginalised in international human rights law. The public/private divide on which international human rights law rests has been constructed in a manner that obscures the experiences of women and fails to challenge women’s disadvantage. 
In this paper, I discuss the problem of the marginalisation of women’s rights in international human rights law and propose reforms to fully incorporate women’s experiences of human rights abuse. The focus of the analysis is on the public/private divide and its reflection in the conceptualisation of rights, the doctrine of state responsibility, and the principle of equality. 
The main argument of this paper is that the gendered nature of the divide needs to be transcended and the public/private divide re-conceptualised in a manner that challenges discrimination and violence against women in the private sphere, while protecting women’s freedom of self-determination and personal development in both the ‘public’ and the ‘private’ sphere. Such a re-construction of the public/private divide entails using gender analysis in interpreting rights, state responsibility, and equality.
Guanzon RV, Calalang CM. The Anti-Trafficking in Persons Act: Issues and Problems. Journal of the Integrated Bar of the Philippines. 2004;30 (1) :79-91.Abstract

Trafficking in persons, especially in women and children, is a highly lucrative business worldwide. Millions of women and girls, mostly from poor countries, are trafficked globally into the sex industry. They are traded as objects or goods to be used like any commodity. This human rights problem has been the subject of  various international instruments, including, notably, the 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others. Trafficking victimizes mostly women and girls because of gender discrimination and their vulnerability.

In response to this problem, many countries have signed or acceded to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) which obliges States to pass laws to stop trafficking. The Philippines ratified this convention in 1981. These international instruments notwithstanding, trafficking continues unabated, with syndicates preying on vulnerable women and children from developing countries like the Philippines, Cambodia and Thailand. It thrives as a very lucrative business because there is an existing demand for cheap labor, sex slaves, and organs of human beings. Traffickers take advantage of the lack of laws and inadequate government policies, poor law enforcement, corruption in government, political and economic conditions of the countries of origin, as well as the domestic situations of their target victims.

 

State violence in the Philippines. Geneva: World Organisation Against Torture; 2003. Publisher's VersionAbstract

http://www.omct.org/rights-of-the-child/reports-and-publications/philipp...

Writing alternative reports is one of the main activities of the OMCT and a vital source of information for the members of the Human Rights Committee. With these reports, it is possible to see the situation as objectively as possible and take a critical look at government action to eradicate torture.

Under the aegis of the European Union and the Swiss Confederation, the “Special Procedures” program presented this report on state violence and torture in the Philippines at the 79th session of the Human rights Committee, which took place in Geneva from 20th October to 7th November 2003 and during which the Government’s report of the Philippines was examined.

The study is divided into three parts. Part I provides a general overview of torture and inhuman or degrading treatments (in prisons in particular) committed by state officials. Parts II and III deal with torture and inhuman or degrading treatments of women and children respectively. This rather novel approach sheds light on the situation of particularly vulnerable groups of people. The Human Rights Committee’s Concluding Observations and Recommendations adopted following examination of the Filipino Government’s Report are included in the Appendices.

Beijing Declaration and Platform for Action (1995). The Fourth World Conference on Women. 1995. Publisher's VersionAbstract

http://www.un.org/womenwatch/daw/beijing/platform/

The Fourth World Conference on Women, 
Having met in Beijing from 4 to 15 September 1995,

1. Adopts the Beijing Declaration and Platform for Action, which are annexed to the present resolution;

2. Recommends to the General Assembly of the United Nations at its fiftieth session that it endorse the Beijing Declaration and Platform for Action as adopted by the Conference. 

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