%0 Generic %D Working Paper %T GLOBAL SOUTH AND FEMINIST LEADERSHIP IN SOCIAL DEVELOPMENT %A Sunita Kotnala %A Rajashree Ghosh %X

We continue to see the colonial(ist) approach in international development and the ‘white feminist’ interventions in the field-from conception to implementation of projects. We are learning a lot from established development theories, now it is time to broaden our horizons, go beyond definitions within western feminist
paradigms used in international development, to enhance and encourage alternative voices and leadership.

%B ‘colonial(ist)’ and ‘white feminist’ bias in international development %G eng %0 Report %D Working Paper %T Council of Europe Convention on preventing and combating violence against women and domestic violence -Parties with reservations, declarations and objections %X

https://verdragenbank.overheid.nl/en/Treaty/Details/012294_b.html

List of countries that have ratified the Istanbul Convention and any reservations from that country to the Convention. 

%B Overheid.nl %G eng %U https://verdragenbank.overheid.nl/en/Treaty/Details/012294_b.html %0 Report %D Working Paper %T UN Handbook vs. Istanbul Convention - Summary %A Karplus,Mischa %X

Summarizes the similarities and differences between the UN Handbook and the Istanbul Convention.

%I Harvard University Carr Center for Human Rights, Kennedy School of Government %G eng %0 Report %D Working Paper %T Indigenous Women’s Access to Justice in Latin America %A Rachel Sieder %A María Teresa Sierra %X

http://www.cmi.no/publications/publication/?3880=indigenous-womens-access-to-justice-in-latin

This paper gives an overview of the challenges which indigenous women in Latin America face in accessing both formal state justice and indigenous legal systems, including a focus on normative frameworks, legal awareness, access to appropriate justice forums and the achievement of satisfactory remedies. In addition, it highlights promising examples of how different actors within civil society and governments are taking steps to improve indigenous women’s access to justice in different contexts. Recognizing that each of these are likely to be very context specific, it draws out the key lessons and challenges from these approaches, making recommendations on how this work can best be supported.

%B CMI - Chr. Michelsen Institute %I CMI - Chr. Michelsen Institute %C Bergen %P 45 %G eng %U http://www.cmi.no/publications/publication/?3880=indigenous-womens-access-to-justice-in-latin %0 Report %D Working Paper %T UN Handbook on Legislation v. Istanbul - Cover %A Karplus,Mischa %X

Briefly details differences between the UN Handbook on Legislation and the Istanbul Convention.

%I Initiative on VAW, Carr Center, Harvard Kennedy School %G eng %0 Report %D Working Paper %T CEDAW Reservations: Family %A Karplus,Mischa %X

A list of all countries with reservations on CEDAW pertaining to the family.

%I Initiative on VAW, Carr Center, Harvard Kennedy School %G eng %0 Report %D Working Paper %T CEDAW - OP Article 8 chart - Optional Protocol "Article 8 Inquiry" %X

This chart visualizes the inquiry process for article 8 of CEDAW. 

%I Initiative on VAW, Carr Center, Harvard Kennedy School %G eng %0 Report %D Working Paper %T Early Marriages in Middle East and North Africa %X

"Child marriage remains a widely ignored violation of the health and development rights of girls and young women” (IPPF, 2006). Many reasons are given by parents and guardians to justify child marriage.  Economic reasons often underpin these decisions which are directly linked to poverty and the lack of economic opportunities for girls in rural areas. Girls are either seen as an economic burden or valued as capital for their exchange value in terms of goods, money or livestock. A combination of cultural, traditional, and religious arguments are examples utilized to justify child marriage. The fear and stigma attached to premarital sex and bearing children outside marriage, and the associated family “honor,” are often seen as valid reasons for the actions that families take. Finally, many parents tend to curtail the education of their girls and marry them off, due to fear of the high level of sexual violence and abuse encountered en route to, and even at, school.

%I Initiative on VAW, Carr Center, Harvard Kennedy School %G eng %0 Report %D Working Paper %T The Implementation of the Convention de Belem do Para in Colombia and Peru - University of Chicago, International Human Rights Clinic, May 22 %X

The presentation analyzes case studies from Peru and Colombia in order to determine the effectiveness of Belem do Para on a state level.

%I Initiative on VAW, Carr Center, Harvard Kennedy School %G eng %0 Report %D Working Paper %T Lessons learned from Grassroots Organizations in Kenya and Zimbabwe %X

This presentation analyzes case studies from Kenya and Zimbabwe to determine the effectiveness of the Maputo Protocol on a state level. 

%I Initiative on VAW, Carr Center for Human Rights %G eng %0 Report %D Working Paper %T VAW in Australia - The Frontline Narrative of a Multicultural Officer %X

The Multicultural Community Liaison Officer (MCLO) Program is designed to combat domestic violence in the Australia.  This presentation briefly discusses the challenges and achievements of MCLO. 

%I Initiative on VAW, Carr Center, Harvard Kennedy School %G eng %0 Report %D Working Paper %T VAW in China: Framework and Barriers to Implementation %X

This presentation discusses barriers to implementing VAW legislation in China. 

%I Initiative on VAW, Carr Center, Harvard Kennedy School %G eng %0 Report %D Working Paper %T VAW Research Briefing - Yale Law School %X

The presentation uses case studies from Bulgaria and the Philippines to analyze the effectiveness of CEDAW on a state-level. 

%I Initiative on VAW, Carr Center, Harvard Kennedy School %G eng %0 Report %D Working Paper %T The Istanbul Convention's Compliance with the UN Handbook for Legislation on Violence Against Women %A Vidya Sri %X

The Istanbul Convention complies very closely with the UN Handbook for Legislation on Violence Against Women (VAW).* Nonetheless, the Convention diverges from the Handbook in a number of important ways. This document summarizes these divergences. 

%I Carr Center for Human Rights, Harvard Kennedy School of Government %G eng %0 Report %D Working Paper %T Substantive Rights Protected By International Human Rights Instruments (ICCPR, ACHR, ECHR, ACHPR*) %A Karplus,Mischa %X

List of substantive rights protected by international human rights instruments (ICCPR, ACHR, ECHR, ACHPR*)

%G eng %0 Report %D Working Paper %T CEDAW Article Brief Descriptions %A Natalie Eslick %X

This document provides short summaries of the articles of CEDAW.

%I Initiative on VAW, Carr Center, Harvard Kennedy School %G eng %0 Report %D Working Paper %T Substantive Rights Protected by International Human Rights Instruments (ICCPR, ACHR, ECHR, ACHPR*) %X

This working paper explores specific articles of the International Covenant on Civil and Political Rights (ICCPR), American Convention on Human Rights (ACHR), European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), and African Charter on Human and Peoples' Rights (ACHPR). The following chart examines which articles in these international instruments protect different human rights. 

%I Initiative on VAW, Carr Center, Harvard Kennedy School %G eng %0 Journal Article %J The Economic Impacts of Child Marriage %D 2017 %T Economic Impacts of Child Marriage: Global Synthesis Brief %A Q. Wodon %A C. Male %A A. Nayihouba %A A. Onagoruwa %A A. Savadogo %A A. Yedan %A J. Edmeades %A A. Kes %A N. John %A L. Murithi %A M. Steinhaus %A S. Petroni %X

http://www.costsofchildmarriage.org/publication/economic-impacts-child-marriage-global-synthesis-brief?ct=t(Costs_of_Child_Marriage_Products7_6_2017)&mc_cid=4f5de93c86&mc_eid=43d63cddf5

 

 

The Economic Impacts of Child Marriage project is a collaborative effort by the International Center for Research on Women (ICRW) and the World Bank, with funding from the Bill & Melinda Gates Foundation and the Children’s Investment Fund Foundation, and additional support from the Global Partnership for Education.

 

%B The Economic Impacts of Child Marriage %G eng %U http://www.costsofchildmarriage.org/publication/economic-impacts-child-marriage-global-synthesis-brief?ct=t(Costs_of_Child_Marriage_Products7_6_2017)&mc_cid=4f5de93c86&mc_eid=43d63cddf5 %0 Journal Article %J The Economic Impacts of Child Marriage %D 2017 %T Economic Impacts of Child Marriage: Work, Earnings and Household Welfare Brief %A Q. Wodon %A A. Savadogo %A A. Kes %X

http://www.costsofchildmarriage.org/publication/economic-impacts-child-marriage-work-earnings-and-household-welfare-brief?ct=t(Costs_of_Child_Marriage_Products7_6_2017)&mc_cid=4f5de93c86&mc_eid=43d63cddf5

 

The brief summarizes results from an analysis of the impacts of child marriage on women’s work (specifically, labor force participation and type of work held), earnings and productivity and household welfare. It also estimates selected economic costs of these impacts.

 

%B The Economic Impacts of Child Marriage %G eng %U http://www.costsofchildmarriage.org/publication/economic-impacts-child-marriage-work-earnings-and-household-welfare-brief?ct=t(Costs_of_Child_Marriage_Products7_6_2017)&mc_cid=4f5de93c86&mc_eid=43d63cddf5 %0 Journal Article %J The Economic Impacts of Child Marriage %D 2017 %T Economic Impacts of Child Marriage: Women's Health Brief %A Q. Wodon %A C. Male %A A. Onagoruwa %A A. Savadogo %A N. John %A S. Petroni %X

http://www.costsofchildmarriage.org/publication/economic-impacts-child-marriage-womens-health-brief?ct=t(Costs_of_Child_Marriage_Products7_6_2017)&mc_cid=4f5de93c86&mc_eid=43d63cddf5

 

This brief summarizes results from an analysis of the impacts of child marriage on a few selected health outcomes, specifically early childbirths, maternal mortality and intimate partner violence. It does not include analyses for other aspects of women’s health that are likely to be affected by child marriage to various extents, such as maternal morbidity, obstetric fistula, female genital mutilation/cutting, sexually-transmitted infections (including HIV and AIDS) and psychological well-being.

%B The Economic Impacts of Child Marriage %G eng %U http://www.costsofchildmarriage.org/publication/economic-impacts-child-marriage-womens-health-brief?ct=t(Costs_of_Child_Marriage_Products7_6_2017)&mc_cid=4f5de93c86&mc_eid=43d63cddf5 %0 Journal Article %J The Economic Impacts of Child Marriage %D 2017 %T Economic Impacts of Child Marriage: Women's Decision Making & Selected Other Impacts Brief %A A. Savadogo %A N. Onagoruwa %A Q. Wodon %X

http://www.costsofchildmarriage.org/publication/economic-impacts-child-marriage-womens-decision-making-selected-other-impacts-brief?ct=t(Costs_of_Child_Marriage_Products7_6_2017)&mc_cid=4f5de93c86&mc_eid=43d63cddf5

 

 

This brief summarizes results from an analysis on the impacts of child marriage on women’s decision-making ability within the household, land ownership, knowledge of HIV/AIDS, and birth registrations. While these topics are all related to agency, it should be emphasized that they do not together provide a comprehensive measure of agency, which is beyond the scope of this study.

 

%B The Economic Impacts of Child Marriage %G eng %U http://www.costsofchildmarriage.org/publication/economic-impacts-child-marriage-womens-decision-making-selected-other-impacts-brief?ct=t(Costs_of_Child_Marriage_Products7_6_2017)&mc_cid=4f5de93c86&mc_eid=43d63cddf5 %0 Journal Article %J The Economic Impacts of Child Marriage %D 2017 %T Economic Impacts of Child Marriage: Fertility and Population Growth Brief %A Q. Wodon %A A. Onagoruwa %A A. Yedan %A J. Edmeades %X

http://www.costsofchildmarriage.org/publication/economic-impacts-child-marriage-fertility-and-population-growth-brief?ct=t(Costs_of_Child_Marriage_Products7_6_2017)&mc_cid=4f5de93c86&mc_eid=43d63cddf5

 

 

In this brief, we summarize results from an analysis of the impacts of child marriage on fertility and population growth and estimate the economic costs of these impacts.

 

%B The Economic Impacts of Child Marriage %G eng %U http://www.costsofchildmarriage.org/publication/economic-impacts-child-marriage-fertility-and-population-growth-brief?ct=t(Costs_of_Child_Marriage_Products7_6_2017)&mc_cid=4f5de93c86&mc_eid=43d63cddf5 %0 Journal Article %J Economic Impacts of Child Marriage %D 2017 %T Economic Impacts of Child Marriage: Educational Attainment Brief %A Q. Wodon %A M. C. Nguyen %A A. Yedan %A J. Edmeades %X

http://www.costsofchildmarriage.org/publication/economic-impacts-child-marriage-educational-attainment-brief?ct=t(Costs_of_Child_Marriage_Products7_6_2017)&mc_cid=4f5de93c86&mc_eid=43d63cddf5

 

 

In this brief, we summarize results from an analysis of the impacts of child marriage on educational attainment for girls and their children and document the extent to which keeping girls in school could help end child marriage.

 

%B Economic Impacts of Child Marriage %G eng %U http://www.costsofchildmarriage.org/publication/economic-impacts-child-marriage-educational-attainment-brief?ct=t(Costs_of_Child_Marriage_Products7_6_2017)&mc_cid=4f5de93c86&mc_eid=43d63cddf5 %0 Journal Article %J The Economic Impacts of Child Marriage %D 2017 %T Economic Impacts of Child Marriage: Child Health and Nutrition Brief %A A. Onagoruwa %A N. John %A Q. Wodon %X

http://www.costsofchildmarriage.org/publication/economic-impacts-child-marriage-child-health-and-nutrition-brief?ct=t(Costs_of_Child_Marriage_Products7_6_2017)&mc_cid=4f5de93c86&mc_eid=43d63cddf5

This brief summarizes results from an analysis of the impacts of child marriage on two health outcomes - under-five mortality and stunting - for young children. For the purposes of this brief, we focus on the impact of child marriage through early childbirths, as this is the mechanism through which child health and nutrition outcomes are most directly affected. There is a close correlation between child marriage and early childbirths in most countries - at a global level, six out of seven early childbirths take place within the context of child marriage. The brief does not include analyses for other aspects of child health that may also be affected by child marriage, nor does it consider costs that may be incurred by health systems as a result of poor child health.

%B The Economic Impacts of Child Marriage %G eng %U http://www.costsofchildmarriage.org/publication/economic-impacts-child-marriage-child-health-and-nutrition-brief?ct=t(Costs_of_Child_Marriage_Products7_6_2017)&mc_cid=4f5de93c86&mc_eid=43d63cddf5 %0 Conference Paper %B The Economic Impacts of Child Marriage %D 2017 %T Economic Impacts of Child Marriage: Global Synthesis Report %A Quentin Wodon %A Chata Male %A Ada Nayihouba %A Adenike Onagoruwa %A Aboudrahyme Savadogo %A Ali Yedan %A Jeff Edmeades %A Aslihan Kes %A Neetu John %A Lydia Murithi %A Mara Steinhaus %A Suzanne Petroni %X

http://www.costsofchildmarriage.org/publication/economic-impacts-child-marriage-global-synthesis-report?ct=t(Costs_of_Child_Marriage_Products7_6_2017)&mc_cid=4f5de93c86&mc_eid=43d63cddf5

 

The international community is increasingly aware of the negative impacts of child marriage on a wide range of development outcomes. Ending child marriage is now part of the Sustainable Development Goals. Yet investments to end the practice remain limited across the globe and more could be done. In order to inspire greater commitments towards ending child marriage, this study demonstrates the negative impacts of the practice and their associated economic costs. The study looks at five domains of impacts: (i) fertility and population growth; (ii) health, nutrition, and violence; (iii) educational attainment and learning; (iv) labor force participation and earnings; and (v) participation, decision-making, and investments. Economic costs associated with the impacts are estimated for several of the impacts. When taken together across countries, the costs of child marriage are very high. They suggest that investing to end child marriage is not only the right thing to do, but also makes sense economically. 

 

%B The Economic Impacts of Child Marriage %I International Center for Research on Women %G eng %U http://www.costsofchildmarriage.org/publication/economic-impacts-child-marriage-global-synthesis-report?ct=t(Costs_of_Child_Marriage_Products7_6_2017)&mc_cid=4f5de93c86&mc_eid=43d63cddf5 %0 Journal Article %J International Work Group for Indigenous Affairs %D 2017 %T The Indigenous World 2017 UNDRIP 10 Years Special Edition %A Käthe Jepsen %A Katrine Broch Hansen %X

http://www.iwgia.org/publications/search-pubs?publication_id=760

 

The Indigenous World 2017 provides an update of the current situation for indigenous peoples worldwide and a comprehensive overview of the main global trends and developments affecting indigenous peoples during 2016.

The Indigenous World 2017 comes in a special edition marking the ten years anniversary of the United Nations Declaration on the Rights of Indigenous Peoples. The public launch took place April 25 2017 during the 16th session of the United Nations Permanent Forum on Indigenous Issues in New York. 

Symbolically, it was launched on the same day, as the UN General Assembly marked the ten years anniversary of the adoption of the United Nations Declaration on the Rights of Indigenous Peoples.

%B International Work Group for Indigenous Affairs %G eng %U http://www.iwgia.org/publications/search-pubs?publication_id=760 %0 Web Page %D 2017 %T When marriage is for money %A Taskin Fahmina %X

http://www.newagebd.net/article/10775/when-marriage-is-for-money

FIFTEEN-year-old child bride Babli Akter’s fate took a horrible turn when she was allegedly killed by her husband Rashedul and her in laws on January 27 this year as her family could not pay the Tk 3 lakh as dowry (Manabzamin, January 28, 2017). Dowry is nothing more than marital extortion. Dowry marriage mostly consists of greed, humiliation and violence. Many women every year in Bangladesh are being killed, abused and even commit suicide simply due to the pervasive illegal practice of dowry related violence. According to Odhikar’s statistics, between January 2001 and January 2017, about 3,090 women were allegedly killed, 2064 were abused and 220 committed suicide because of dowry. This statistics shows just the tip of the iceberg as a lot of dowry related violence is kept in confidence to retain the ‘honour’ of the family. If there were no giving or taking of dowry, there would not be any dowry related violence. Dowry is illegal in Bangladesh under the Dowry Prohibition Act 1980 and Nari O Shishu Nirjatan Daman Ain 2000 (amended 2003). However, it still continues.

%B New Age Opinion %G eng %U http://www.newagebd.net/article/10775/when-marriage-is-for-money %0 Journal Article %J Arrow %D 2017 %T An Advocates Guide: Integrating Human Rights in Universal Access to Contraception %A TK Sundari Ravindram %X

http://arrow.org.my/publication/advocates-guide-integrating-human-rights-universal-access-contraception/

 

This guide, as the name suggests, is meant for use by advocates for sexual and reproductive health and rights (SRHR) at the country level. The guide uses the recommendations made to national governments in the publication “Ensuring human rights in the provision of contraceptive information and services: Guidance and recommendations” published by the World Health Organization in 2014, with the aim of ensuring that “the different human rights dimensions are systematically and clearly integrated into the provision of contraceptive information and services”.

The guide takes into account recommendations made by the WHO Guidance document, elaborates on what the recommendations actually mean, and provides a checklist with series of questions that probe into the extent of which a government has implemented or complied with a specific (set of) WHO recommendation (s). There are 17 such checklists, which together constitute a ‘tool box’ for assessing whether human rights are ensured in the provision of contraceptive information and services. The guide also provides an illustrative list of indicators for tracking adherence to human rights norms by contraceptive programmes.

The guide can be used by SRHR advocates, this includes women’s organisations, civil society organisations working on women, young people’s health and SRHR. The tool can also be used by health professionals within the health systems at the national level, as a resource and assessment tool for provision of rights based contraceptive information and services.

This advocate’s guide is meant as a generic tool. It will have to be adapted to different national and even sub-national settings, depending on its history of population control and the ethos of adherence to human rights, health system characteristics and resource levels.We hope this guide will enable SRHR advocates to use these WHO recommendations as a basis for holding governments accountable to respecting and upholding human rights in policies and strategies related to contraceptive information and services, and in the actual organisation and delivery of contraceptive services to users.

%B Arrow %G eng %U http://arrow.org.my/publication/advocates-guide-integrating-human-rights-universal-access-contraception/ %0 Journal Article %D 2017 %T Ending Violence against Women: Prevention and response in the world of work %A International Labor Organization %A United Nations %X

 

The International Labour Organization (ILO) has begun an historic standard-setting process on “Violence and harassment against women and men in the world of work”, the first discussion of which will take place at its International Labour Conference in June 2018. This discussion of a possible new Convention and Recommendation on violence and harassment takes place at a time when a range of researchers, decision makers and activists are increasingly understanding the importance of the world of work as a context to develop and implement strategies to prevent and to respond to violence and harassment against women, regardless of whether this occurs at work or elsewhere. 

 

%G eng %0 Journal Article %J Journal of Interpersonal Violence %D 2017 %T Risk Factors for Spousal Physical Violence Against Women in Saudi Arabia %A Hahah M. Eldoseri %A Phyllis Sharps %X

 

This study aimed to explore selected risk factors for spousal physical violence (SPV) in women frequenting primary health care clinics (PHCs) in Saudi Arabia. A cross-sectional study design was conducted in six PHCs, where one-on- one, private interviews with 200 women were conducted using a standardized World Health Organization (WHO) violence against women questionnaire (v.10.0). SPV was reported by 45.5% of women. Husband-specific risk factors including alcohol or drug addiction, unemployment, control of wealth in the family, and physical aggression toward other men were significant predictors for SPV. A multisectoral approach should be implemented with focus on providers’ training, women’s safety, and involvement of men in violence prevention and intervention programs. 

 

%B Journal of Interpersonal Violence %V I %G eng %N 25 %0 Thesis %B Yale Law School Dissertations %D 2016 %T A Theory of Domestic Violence in International Law %A Bonita Meyersfield %X

http://digitalcommons.law.yale.edu/ylsd/3/

 

This thesis is born of the question: why do women suffer domestic violence disproportionately to any other group? Why does it continue, in the same form, with the same degree of pain, without rebate? And, if the same harm occurs over and over again, consistent through generations and uniform across borders, why then has the international community not yet developed effective means to address it? This thesis attempts to find a legal answer. This is prefaced, however, by the acknowledgement that the law is only one tool in an array of mechanisms, such as health, economics, and politics, which, if properly combined, could alleviate the pain and difficulties experienced by many victims of domestic violence. The area of law to which I look is international human rights law. My initial motivation for considering public international law arose from the repetition of similar forms of domestic violence around the globe. All over the world women suffer the same type of violence at the hands of their intimate partners and they endure the same feelings of helplessness and isolation when looking to the state for protection. If such violence is universal, it seems then, so too should be the solution. I propose in this thesis that international law, if properly fashioned, can be used effectively as part of this solution. In particular, I maintain that the authoritative enunciation of a norm against domestic violence in international law can improve the way states address domestic violence. I do not propose that individual abusers should be tried by international law. My focus instead is on the extent to which states fail consistently to alleviate domestic violence. This is important because many legal systems appreciate neither the exigency of extreme forms of domestic violence, nor the extent to which women as a group are disproportionately victims of this violence. The result of this lack of appreciation is an almost universal failure to police, prevent and punish domestic violence effectively.3 Due to the socialized normalcy of domestic violence, very few cases are reported or actually prosecuted. Where prosecutions do proceed, victims will often drop their complaints either because they have reconciled with, or because they fear recrimination from, their abuser. Given the disjuncture between the reality of domestic violence and the inefficacy of many legal systems to address it, a revision of the law vis-à-vis domestic violence is needed. Both national and international legal systems are in need of change. This thesis proposes that the international community should adopt a clear and authoritative articulation of a legal right against extreme and systemic forms of domestic violence and a corresponding duty of states to help remedy such violence. This proposition is made on the basis that international law currently does not contain an effective articulation of this right, and that adopting effective global standards in international law for addressing such violence would help improve state enforcement of this right. Under the current state of international law, it is difficult to convince states to prioritize its resources and infrastructures to protect abused women. Articulating clear and effective global standards in international law for addressing extreme forms of domestic violence would provide an important and practical benchmark against which domestic state legislation could be evaluated and re-shaped. Formulating such global standards could place pressure on states to take basic remedial steps against such violence, such as enacting legislation that allows for restraining orders to be made at the same time as a maintenance order, or creating accessible shelters, which will accommodate the divergent needs of women, including their children.

 

%B Yale Law School Dissertations %G eng %U http://digitalcommons.law.yale.edu/ylsd/3/ %N 3 %0 Case %D 2016 %T Africa: Legal Grounds: Reproductive and Sexual Rights in African Courts %X

http://www.law.utoronto.ca/programs-centres/programs/irshl-reproductive-and-sexual-health-law/irshl-legal-grounds-updates

These publications include summaries and analyses of cases pertaining to reproductive and sexual rights, including gender-based violence, HIV discrimination, property and family law, abortion, and claims of fetal interests. They examine how African national courts interpret and apply regional and international human rights laws. 

%B University of Toronto Faculty of Law %I African Commonwealth Courts %G eng %U http://www.law.utoronto.ca/programs-centres/programs/irshl-reproductive-and-sexual-health-law/irshl-legal-grounds-updates %0 Web Page %D 2016 %T Fairness creams, skin colour-based discrimination and violence against women: time to stop! %A Taskin Fahmina %X

http://odhikar.org/fairness-creams-skin-colour-based-discrimination-and-violence-against-women-time-to-stop/

Ruma (not her real name), a school teacher by profession and a mother of two, living in Dhaka, married Mainul eight years ago. Soon after, Mainul started harassing her, calling her an ‘ugly’ woman – because of her dark complexion.  Her mother-in-law and other members of her husband’s family used to verbally abuse her almost every day, saying that her skin is ‘moyla’ (dirty); and expressed their anger and frustration, and thought that Mainul had bad luck as he was not able to marry a ‘beautiful’ woman–meaning a fair-complexioned woman. Ruma tried very hard to be seen as beautiful in the eyes of her husband and in-laws and experimented to see how she could look fairer. She started buying brand name fairness creams, hoping to make her skin lighter as she started to believe that fair meant lovely, as the advertisements say. She regularly watched fairness cream advertisements on television, read about them on bill boards and newspapers and wanted to be as fair as the models in the advertisements. Unfortunately, nothing really worked or showed much of a result. Her husband and in laws demanded a huge amount of dowry repeatedly – apparently as a retaliation for her darker skin.

%B Odhikar %G eng %U http://odhikar.org/fairness-creams-skin-colour-based-discrimination-and-violence-against-women-time-to-stop/ %0 Online Database %D 2016 %T Global Database on Violence Against Women %A UN Women %X

http://evaw-global-database.unwomen.org/en

Violence against women and girls is one of the most systematic and widespread human rights violations. According to a 2013 global review of available data, 35 per cent of women worldwide have experienced either physical and/or sexual intimate partner violence or non-partner sexual violence. Eliminating such violence globally requires intensive efforts, which led world leaders to establish an online tool that increases opportunities to exchange experiences and strengthen knowledge to prevent and stop violence against women. The Global Database on Violence against Women provides easy access to comprehensive and up-to-date information on measures undertaken by United Nations Member States to address all forms of violence against women

%G eng %U http://evaw-global-database.unwomen.org/en %0 Generic %D 2016 %T Inventory of United Nations Activities to end Violence Against Women %A UN Women %X

http://evaw-un-inventory.unwomen.org/en

The entities of the United Nations system address violence against women through research and normative and policy development. They support Member States and other stakeholders in their efforts and provide services and other assistance to victims of violence, undertake advocacy and awareness-raising activities, implement innovative projects, as well as provide funding to various stakeholders for their activities. This Inventory of United Nations Activities to End Violence against Women is intended to strengthen the knowledge base on work that is being implemented by the system on this critical issue.

%G eng %U http://evaw-un-inventory.unwomen.org/en %0 Report %D 2016 %T Morocco’s Compliance with the International Covenant on Civil and Political Rights %X

http://www.ecoi.net/index.php?ExtendedSearchFormTab=normal&ES_query=ID+318696

In 2004, the Human Rights Committee noted its concern about the high level of domestic violence against women and called upon Morocco to “take suitable practical measures to combat this phenomenon”. In spite of more than ten years of strong civil society advocacy for a comprehensive violence against women law, the Moroccan government has failed to respond and meet its obligation to protect Moroccan women from violence.

%I The Advocates for Human Rights %G eng %U http://www.ecoi.net/index.php?ExtendedSearchFormTab=normal&ES_query=ID+318696 %0 Journal Article %J Bulletin of the World Health Organization %D 2016 %T Sexual and reproductive health and human rights of women living with HIV: a global community survey %A Manjulaa Narasimhan %A Luisa Orza %A Alice Welbourn %A Susan Bewley %A Tyler Crone %A Marijo Vazquez %X

http://www.wunrn.com/2016/05/hivaids-sexual-reproductive-rights-of-women-living-with-hiv-a-global-community-survey/?_sf_s=HIV+gl

In the development of any of its global guidelines, the World Health Organization (WHO) places importance on the values and preferences of the population or individuals that could be affected by the recommendations made within the guidelines. WHO has guidelines on the care, treatment and support for women living with HIV and their children in resource-con-strained settings, but these guidelines were published in 2006 and require updating. As an initial step in the updating process, WHO commissioned a global survey to listen to the voices of women living with HIV and determine these women’s sexual and reproductive health priorities. The main aim of the survey was to ensure that the values and preferences of women living with HIV would inform the guidelines from the very start of its development. The methods and key outcomes of the global survey are described and discussed below.

%B Bulletin of the World Health Organization %P 243-249 %G eng %U http://www.wunrn.com/2016/05/hivaids-sexual-reproductive-rights-of-women-living-with-hiv-a-global-community-survey/?_sf_s=HIV+global+survey %N 94 %0 Web Page %D 2015 %T Women, Violence and Conflict in Pakistan %X

https://www.crisisgroup.org/asia/south-asia/pakistan/women-violence-and-conflict-pakistan

Eight years into its democratic transition, violence against women is still endemic in Pakistan, amid a climate of impunity and state inaction. Discriminatory legislation and a dysfunctional criminal justice system have put women at grave risk. Targeted by violent extremists with an overt agenda of gender repression, women’s security is especially threatened in the conflict zones in Khyber Pakhtunkhwa (KPK) province and the Federally Administered Tribal Areas (FATA). On 8 March, International Women’s Day, Prime Minister Nawaz Sharif vowed that his government would take all necessary legislative and administrative steps to protect and empower women. If this pledge was in earnest, his Pakistan Muslim League-Nawaz (PML-N) government should end institutionalised violence and discrimination against women, including by repealing unjust laws, countering extremist threats, particularly in KPK and FATA, and involving women and their specially relevant perspectives in design of state policies directly affecting their security, including strategies to deal with violent extremist groups.

%B International Crisis Group %G eng %U https://www.crisisgroup.org/asia/south-asia/pakistan/women-violence-and-conflict-pakistan %0 Journal Article %J Women’s Movements in Post-“Arab Spring” North Africa %D 2015 %T Women and Leadership in the Post-Arab Spring: The Case of Tunisia %A Khedija Arfaoui %X

This chapter aims at analyzing the expectations of Tunisian women with the outbreak of the so-called “Arab Spring” and the unexpected events that came not only to counter them but even worse: to bring them back to a status of the Middle Ages. As a result, women’s struggle had to face two things: resist threats to the gains they had made since 1956 with the advent of the Code of Personal Status (CPS) and continue their march towards full equality with men. A beautiful name was given to the revolution that was ignited by the self-immolation of a young fruit and vegetable peddler on 17 December, 2010 in Sidi Bouzid, a small town south of Tunis: the Arab Spring. Why “Spring” when the time was plain winter? Others called it “The Jasmine Revolution,” because Tunisia is a country where Jasmine is the favorite flower of people? What do flowers have to do with revolution? Both names have positive connotations of joy and festivities. This revolution had had no leader and no political party had backed it. It had been a spontaneous movement of youth and women in particular with high expectations for a new democratic Tunisia.

 

%B Women’s Movements in Post-“Arab Spring” North Africa %P 223-234 %8 Dec 2015 %G eng %U https://docs.google.com/document/d/1FEwf_5M_sCi-MNiM8kAONRhB5BieoQ2QPNHBcsTI3Vo/edit %0 Report %D 2015 %T World Bank Group - Gender Equality, Poverty Reduction, and Inclusive Growth %X

https://openknowledge.worldbank.org/handle/10986/23425

 

 

By many measures, 2015 marks a watershed year in the international community's efforts to advance gender equality. In September, with the adoption of the Sustainable Development Goals (SDGs), UN Member States committed to a renewed and more ambitious framework for development. This agenda, with a deadline of 2030, emphasizes inclusion not just as an end in and of itself but as critical to development effectiveness. At the center of this agenda is the achievement of gender equality and empowerment of all women and girls (SDG 5). In addition to governments, the private sector is increasingly committed to reducing gaps between men and women not just because it is the right thing to do, but because it makes business sense. Gender equality is also central to the World Bank Group’s own goals of ending extreme poverty and boosting shared prosperity in a sustainable manner. No society can develop sustainably without transforming the distribution of opportunities, resources and choices for males and females so that they have equal power to shape their own lives and contribute to their families, communities, and countries. Promoting gender equality is a smart development policy.

%B Open Knowledge Repository %I World Bank Group %8 12/16 %G eng %U https://openknowledge.worldbank.org/handle/10986/23425 %0 Journal Article %D 2015 %T Under Fire: Women Human Rights Defenders in Meso-America %A Ashley Binetti %X

https://issuu.com/georgetownsfs/docs/women_human_rights_defenders_in_mes

Women Human Rights Defenders (WHRDs) are integral to the promotion of human rights in their communities and in fostering regional stability. However, WHRDs often face violent repercussions for their work—including physical attacks, death threats and assassinations. The danger faced by WHRDs is particularly acute in Mesoamerica, where there were 1,375 reported attacks against WHRDs in Mexico, Honduras and Guatemala between 2012 and 2013. When assessing how to protect WHRDs, it is important to understand their unique vulnerabilities, which stem from their gender and the subject of their advocacy efforts.  

Despite a strong normative international legal framework, available regional protection mechanisms through the Organization of American States(OAS)and the nascent development of national laws, Mesoamerican WHRDs work under perilous conditions while their persecutors operate with impunity. While it is the primary responsibility of States to protect WHRDs,the United States has a legal and moral duty to assist this vulnerable population when their own governments are perpetrators of the abuse or fail to provide protection from attacks. This duty arises from UN Security Council Resolution 1325 and its progeny, which embody principles of binding customary international law, as well as the U.S. National Action Plan on Women, Peace and Security, which represents the government’s express commitment to empower women around the world as agents of peace and stability.

 

%8 February 2015 %G eng %U https://issuu.com/georgetownsfs/docs/women_human_rights_defenders_in_mes %0 Report %D 2015 %T Abuse and Denial of Sexual and Reproductive Rights of women with psychosocial disabilities in Mexico %A Priscila Rodriguez %X

http://www.driadvocacy.org/media-gallery/our-reports-publications/

Please see third publication, under "Twice Violated".

In Mexico there is very little information available on the situation of sexual and reproductive rights of women with psychosocial disabilities. This is in direct contravention of Article 31 of the United Nations Convention on the Rights of Persons with Disabilities (hereinafter ‘CRPD’ or ‘Convention’), according to which, “States Parties undertake to collect appropriate information, including statistical and research data, to enable them to formulate and implement policies to give effect to the Convention.2 is the first of its kind. Its main purpose is to lay the foundation for further advocacy efforts to guarantee the sexual and reproductive rights of women with disabilities at the legislative and policy level in Mexico. In this regard, it should be noted that in September 2014, Mexico was evaluated by the United Nations Committee on the Rights of Persons with Disabilities (CRPD Committee) for the first time. The preliminary results of this research were presented before the CRPD Committee and were included in the Committee’s Concluding Observations and recommendations to the Mexican State. This research and the recommendations by the CRPD Committee will prove to be a valuable tool for further advocacy on this relevant but long ignored issue.

The present report is based on the results of a year-long study carried out by Disability Rights International (DRI) together with the Women’s Group of the Colectivo Chuhcan –the first organization in Mexico directed by persons with psychosocial disabilities. This research included the application of a questionnaire to fifty-one women with psychosocial disabilities who were either members of the Colectivo Chuhcan or received outpatient services at four different health clinics and psychiatric institutions in Mexico City. We recommend this research be extended to the rest of the country to gain a clearer picture on the situation of the sexual and reproductive rights of women with disabilities at a national level.

 

%I Disability Rights International %G eng %U http://www.driadvocacy.org/media-gallery/our-reports-publications/ %0 Report %D 2015 %T Conflicted Democracies and Gendered Violence: The Right to Heal %E Angana P. Chatterji %E Shashi Buluswar %E Mallika Kuar %X

https://impactmba.wordpress.com/2015/10/27/conflicted-democracies-and-gendered-violence-the-right-to-heal/

The Armed Conflict Resolution and People’s Rights Project, (ACRes), focuses on the internal dimensions of armed conflict and mass social violence. Interdisciplinary in practice and rooted in local knowledge, ACRes contends with the condition of violence and the contested terrain of people’s rights, to understand how victim-survivors live with social suffering and ameliorate its effects, define mechanisms for transitional, transformative, and reparatory justice, seek psychosocial healing, and undertake the work of memorialization and social change. The Project works with a collaborative network of victim-survivors, scholars, and academic and civil society institutions. 

 

%I Berkeley Haas School of Business %G eng %U https://impactmba.wordpress.com/2015/10/27/conflicted-democracies-and-gendered-violence-the-right-to-heal/ %0 Report %D 2015 %T UNiTE Framework For Action Programme Of United Nations Activities And Expected Outcomes, 2008 - 2015 %X

http://endviolence.un.org/framework.shtml

On 25 February 2008, the Secretary-General of the United Nations, Mr. Ban Ki-moon, launched his campaign UNiTE to End Violence against Women, covering the period 2008 – 2015, with the overall objective to raise public awareness and increase political will and resources for preventing and responding to all forms of violence against women and girls in all parts of the world. The Secretary- General called on governments, civil society, women’s organizations, young people, the private sector, artists, the media, the entire United Nations system, and individual women and men, to join forces in addressing the global pandemic of violence against women and girls.

The Campaign provides a collective platform in an unprecedented level of global mobilization to link a wide range of stakeholders’ initiatives to the Secretary-General’s efforts. 

%B UN Secretary General's Campaign to End Violence Against Women %I UN %G eng %U http://endviolence.un.org/framework.shtml %0 Report %D 2015 %T Domestic Violence Report %E D. Kelly Weisberg %E Julie Saffren %X

http://www.civicresearchinstitute.com/online/issue.php?pid=18

*The full article is available through this link. This article may be available free of charge to those with university credentials.

The leading professional report devoted exclusively to innovative programs, legal developments, and current services and research in domestic violence law and prevention.

Domestic Violence Report keeps you up-to-date on...

%B Civic Research Institute %I Civic Research Institute %G eng %U http://www.civicresearchinstitute.com/online/issue.php?pid=18 %0 Journal Article %J Tuniscope %D 2015 %T 23% des femmes tunisiennes avouent avoir subi des violences, 18% du harcèlement %X

http://tuniscope.com/article/78906/actualites/tunisie/femmes-violence-harcelement-445818

23% des sondées ont ainsi avoué avoir été victime de violence. Les formes de violence varient entre : psychologique et verbale (80 %), physique (40%), économique (19.4%), sociale (10.3%) et sexuelle (3.1). Le premier lieu de ces violences est le milieu familial, suivi par les lieux publics et le lieu du travail.

%B Tuniscope %G eng %U http://tuniscope.com/article/78906/actualites/tunisie/femmes-violence-harcelement-445818 %0 Journal Article %J International Journal for Intersectional Feminist Studies %D 2015 %T Dealing with allegations of violence against women in a multicultural environment: Consideration of approach(es) and procedure(s) with regards to abuse allegations of women of an Asian, African and Middle Eastern origin in New Zealand. %A Sandra Iskander %X

https://www.academia.edu/15458611/International_Journal_for_Intersectional_Feminist_Studies

New Zealand has become increasingly multicultural and continues to accept a large number of migrants every year. This adds a duty on its legal system to ensure that its current laws can protect minority groups and adequately deal with culturally specific issues that arise due to different cultural norms. Many argue that the current legal system fails to provide adequate protection for girls and women from an Asian, African and Middle Eastern (AAM) origin; this is due to a lack of multicultural consideration and the addressing of specific issues linked to these ethnic groups. One such issue is the problem of forced marriages among AAM communities 
living in New Zealand. This article argues that New Zealand’s laws and processes do not 
adequately protect women of an AAM background due to a lack of specific laws and policies that can protect against culturally specific abuse. This argument is reached through the consideration of approaches and procedures through socio-legal methodology. This includes the review of governmental documents, semi-structured interviews with relevant organisations and experienced individuals in the field, case studies and independent research. I will conclude that there is a lack of cultural understanding within support organizations and public institutions regarding the forced marriage issues. Moreover AAM women are also not completely aware of their rights and the available support. Finally, I will provide some recommendations based on knowledge I have gained while conducting my research.
%B International Journal for Intersectional Feminist Studies %G eng %U https://www.academia.edu/15458611/International_Journal_for_Intersectional_Feminist_Studies %0 Report %D 2015 %T Enhancing Women’s Voice, Agency And Participation In The Economy: Studies In Egypt, Jordan, Morocco, Tunisia And Turkey %A Jacques Charmes %A Sane Dedeoglu %A Soulef Guessoam %A Afaf Jabiri %X

https://www.academia.edu/12529635/ENHANCING_WOMEN_S_VOICE_AGENCY_AND_PARTICIPATION_IN_THE_ECONOMY

In addition to its support for project work and policy dialogue, the EBRD’s Gender team also commissions research and takes an active part in the international debate on the promotion of gender equality.

In 2014 we commissioned a report, Enhancing Women’s Economic Empowerment in the EBRD’s Operations through Voice, Agency and Participation, examining the influence of legal pluralism and social norms in Egypt, Jordan, Morocco, Tunisia and Turkey. The report’s main objective is to provide recommendations on designing project interventions at the Bank that are more reflective and responsive to women’s strategic and practical needs, while contributing overall to the enhancement of women’s voice, agency and participation in social and economic life within the specific contexts of these countries.

These five countries were selected, not only because of shared cultural similarities and Islamic heritage, but also because they co-exist in a region with the lowest women’s labour force participation and economic activity in the world. This is despite high levels of literacy and advances in health, and is what the World Bank has termed the “MENA paradox”. As our study shows, social norms, institutional barriers and discrimination embedded in plural legal frameworks are behind this paradox. As a result, women’s access to economic opportunities that might otherwise raise their voice and influence in society is particularly hindered in this region. The study was designed to align with the inclusive growth paradigm: equal access to opportunities for all members of society, taking into account their specific needs.

Initial findings and analysis were presented to various stakeholders in 2014, including the Multilateral Development Banks Working Group on Gender, the Development Finance Institutions Meeting of Social Experts, the UK Department for International Development (DFID), and internal departments at the Bank. The full publication is expected to be available in early 2015.

%B European Bank of Reconstruction and Development %I European Bank of Reconstruction and Development %G eng %U https://www.academia.edu/12529635/ENHANCING_WOMEN_S_VOICE_AGENCY_AND_PARTICIPATION_IN_THE_ECONOMY %0 Report %D 2015 %T Acceso a la justicia en casos de muertes violentas de mujeres y de femicidios %A Claudia Herrmannsdorfer %X

http://derechosdelamujer.org/wp-content/uploads/2016/02/Acceso-a-la-justicia-en-casos-de-muertes-violentas-y-femicidios.pdf

 

Las mujeres organizadas, el movimiento feminista, los medios de comunicación y muchos sectores de la sociedad hondureña saben muy bien que de unos años para acá más mujeres pierden su vida como resultado de distintas violencias y para la mayoría de estas muertes, el factor de riesgo es el hecho de ser mujer. Sabemos que a las mujeres se les mata por ser mujeres. Las mujeres no se matan entre ellas. A las mujeres las matan los hombres. Desde el 2005 a la fecha (noviembre de 2014), el número de muertes violentas de mujeres y femicidios ha aumentado de manera alarmante lo que ha llevado a que estos crímenes sean considerados una epidemia; asimismo, los índices de impunidad superan el 94%. El Observatorio de Derechos Humanos de las Mujeres del Centro de Derechos de Mujeres, CDM, afirma que: “En esencia, la impunidad es la que se impone cuando de mujeres se trata”1.

Sin embargo, para el Estado, dicha información parece no tener relevancia. Así, pese a que la figura penal de Femicidio se aprobó hace más de un año -a inicios del 2013-, parece no existir acceso efectivo a la justicia para las mujeres víctimas de este flagelo ni para sus familiares.

El CDM, en su compromiso de exigir al Estado la promoción y la garantía de los derechos humanos de las mujeres y de la ciudadanía en general, realizó esta investigación con el objetivo de determinar y visibilizar la real situación de acceso a la justicia para las mujeres víctimas que permita definir estrategias que contribuyan a cambiar la situación de impunidad en el país.

El estudio se realizó en las ciudades de San Pedro Sula y Tegucigalpa ya que según las estadísticas 8 de cada 10 femicidios ocurridos en 2013 se dieron en los departamentos de Francisco Morazán y Cortés. Para la realización de este estudio se organizó un equipo del CDM bajo la coordinación de la abogada e investigadora Claudia Herrmannsdorfer.

Este estudio ha sido posible gracias al apoyo del programa “Impulsando acciones encaminadas a desa- rrollar las capacidades en incidencia y defensa de los derechos humanos de las mujeres en Honduras” que se desarrolla para Guatemala, Nicaragua y Honduras con fondos del gobierno de Dinamarca, a través de Dan Churh Aid (DCA) e IBIS (Derechos, Educación y Desarrollo).

Agradecemos a todas las personas que contribuyeron para que este estudio se concretizara. Esperamos que el mismo sea una contribución para que las mujeres en Honduras, puedan algún día disfrutar de su derecho a una vida libre de todo tipo de violencias y los femicidios sean parte de una historia triste de nuestro querido país. 

%I Centro de Derechos de Mujeres %G eng %U http://derechosdelamujer.org/wp-content/uploads/2016/02/Acceso-a-la-justicia-en-casos-de-muertes-violentas-y-femicidios.pdf %0 Report %D 2015 %T Council of Europe Convention on preventing and combating violence against women and domestic violence - Chart of signatories %X

http://www.conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=210&CM=&DF=&CL=ENG

Treaty open for signature by the member States, the non-member States which have participated in its elaboration and by the European Union, and for accession by other non-member States.

This chart visualizes all the countries that have ratified the Istanbul Convention. 

%I Council of Europe %G eng %U http://www.conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=210&CM=&DF=&CL=ENG %0 Report %D 2015 %T List of declarations made with respect to treaty No.210 %X

http://conventions.coe.int/Treaty/Commun/ListeDeclarations.asp?CL=ENG&NT=210&VL=1

Lists and describes all the countries that have ratified the Istanbul Convention and explains their reservations to the convention, if any. 

%B Council of Europe %I Council of Europe %G eng %U http://conventions.coe.int/Treaty/Commun/ListeDeclarations.asp?CL=ENG&NT=210&VL=1 %0 Web Page %D 2015 %T UNIFEM Safe Cities: Ending Violence Against Women in Latin America %A UNIFEM %X

https://www.unwomen-usnc.org/unifem-safe-cities-ending-violence-against-women-latin-america

 

The Regional Programme “Cities without Violence against Women, Safe Cities for All” is executed by UNIFEM, coordinated at the regional level from the Regional Office for Brazil and the Southern Cone, and supported by the Spanish Agency of International Cooperation for Development (AECID). This Programme identifies as a key problem the growing violence and insecurity in Latin American cities. This phenomenon is related to the different forms of violence against women both in public and in private spaces. 

%B UN WOMEN %G eng %U https://www.unwomen-usnc.org/unifem-safe-cities-ending-violence-against-women-latin-america %0 Generic %D 2015 %T Human Rights Committee -- General Procedures %X

http://www.humanrights.is/en/human-rights-education-project/complaints-procedures-of-the-international-human-rights-supervisory-bodies/how-to-bring-a-complaint/human-rights-committee

The Human Rights Committee is a quasi-judicial body, established by the International Covenant on Civil and Political Rights and its First Optional Protocol. It convenes in New York and Geneva.

%B Icelandic Human Rights Centre %G eng %U http://www.humanrights.is/en/human-rights-education-project/complaints-procedures-of-the-international-human-rights-supervisory-bodies/how-to-bring-a-complaint/human-rights-committee %0 Government Document %D 2015 %T Status of signatures and ratifications to Belem do Para %X

https://www.oas.org/en/mesecvi/convention.asp

The Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, known as the Convention of Belém do Pará (where it was adopted in 1994), defines violence against women, establishes that women have the right to live a life free of violence and that violence against women constitutes a violation of human rights and fundamental freedoms. 

It calls for the first time for the establishment of mechanisms for protecting and defending women's rights as essential to combating the phenomenon of violence against women's physical, sexual, and psychological integrity, whether in the public or the private sphere, and for asserting those rights within society.

%B Organization of American States %G eng %U https://www.oas.org/en/mesecvi/convention.asp %0 Generic %D 2015 %T CEDAW – Brief Overview on Reporting %X

http://www.un.org/womenwatch/daw/cedaw/reporting.htm

The Convention obliges States parties to submit to the Secretary-General a report on the legislative, judicial, administrative or other measures that they have adopted to implement the Convention within a year after its entry into force and then at least every four years thereafter or whenever the Committee on the Elimination of Discrimination against Women (CEDAW) so requests. These reports, which may indicate factors and difficulties in implementation, are forwarded to the CEDAW for its consideration.

 The Committee has adopted guidelines to help states prepare these reports. According to these guidelines, the initial report is intended to be a detailed and comprehensive description of the position of women in that country at the time of submission; it is meant to provide a benchmark against which subsequent progress can be measured. Second and subsequent national reports are intended to update the previous report, detailing significant developments that have occurred over the last four years, noting key trends, and identifying obstacles to the full achievement of the Convention.

%B UN Women %G eng %U http://www.un.org/womenwatch/daw/cedaw/reporting.htm %0 Generic %D 2015 %T Committee on the Elimination of Discrimination Against Women -- General Recommendations %X

http://www.ohchr.org/EN/HRBodies/CEDAW/Pages/Recommendations.aspx

The Committee also makes recommendations on any issue affecting women to which it believes the States parties should devote more attention. For example, at the 1989 session, the Committee discussed the high incidence of violence against women, requesting information on this problem from all countries. In 1992, the Committee adopted general recommendation 19 on violence against women, asking States parties to include in their periodic reports to the Committee statistical data on the incidence of violence against women, information on the provision of services for victims, and legislative and other measures taken to protect women against violence in their everyday lives, including against harassment at the workplace, abuse in the family and sexual violence. As of January 2014, the Committee has adopted 30 general recommendations. 

%B Office of the High Commissioner for Human Rights %G eng %U http://www.ohchr.org/EN/HRBodies/CEDAW/Pages/Recommendations.aspx %0 Web Page %D 2015 %T Inter-American Commission On Human Rights And The Inter-American Court Of Human Rights %X

http://www.humanrights.is/en/human-rights-education-project/complaints-procedures-of-the-international-human-rights-supervisory-

The Inter-American Commission is a quasi-judicial, quasi-political body established by the OAS Charter and the American Convention on Human Rights . It is based in Washington DC, USA.

%B Icelandic Human Rights Centre %G eng %U http://www.humanrights.is/en/human-rights-education-project/complaints-procedures-of-the-international-human-rights-supervisory-bodies/how-to-bring-a-complaint/inter-american-commission-on-human-rights-and-the-inter-american-court-of-human-rights %0 Web Page %D 2015 %T African Commission & Court on Human Rights -- General Procedures %X

http://www.humanrights.is/en/human-rights-education-project/complaints-procedures-of-the-international-human-rights-supervisory-bodies/how-to-bring-a-complaint/african-commission-on-human-and-peoples-rights-1

The African Commission on Human and Peoples’ Rights is a quasi-judicial body,established by the African Charter on Human and Peoples’ Rights. The Commission is based in Banjul, The Gambia.

%B Icelandic Human Rights Centre %G eng %U http://www.humanrights.is/en/human-rights-education-project/complaints-procedures-of-the-international-human-rights-supervisory-bodies/how-to-bring-a-complaint/african-commission-on-human-and-peoples-rights-1 %0 Web Page %D 2015 %T European Court -- Admissibility Checklist %X

http://www.echr.coe.int/Pages/home.aspx?p=applicants

The European Court of Human Rights is an international court based in Strasbourg. It consists of a number of judges equal to the number of member States of the Council of Europe that have ratified the Convention for the Protection of Human Rights and Fundamental Freedoms – currently forty-five. 
The Court’s judges sit in their individual capacity and do not represent any State. In dealing with applications, the Court is assisted by a Registry consisting mainly of lawyers from all the member States (who are also known as legal secretaries). They are entirely independent of their country of origin and do not represent either applicants or States. 

%B Council of Europe - European Court of Human Rights %G eng %U http://www.echr.coe.int/Pages/home.aspx?p=applicants %0 Web Page %D 2015 %T European Court – General Procedures %X

http://www.humanrights.is/en/human-rights-education-project/complaints-procedures-of-the-international-human-rights-supervisory-

The European Court is a judicial body, established by the European Convention on Human Rights and Fundamental Freedoms. The Court is based in Strasbourg, France and is a full time permanent body.

Composition

The Court is composed of forty-five judges, one judge for each state party to the ECHR. Article 20 ECHR establishes that ‘The Court shall consist of a number of judges equal to that of the High Contracting Parties.’

%B Icelandic Human Rights Centre %G eng %U http://www.humanrights.is/en/human-rights-education-project/complaints-procedures-of-the-international-human-rights-supervisory-bodies/how-to-bring-a-complaint/european-court-of-human-rights %0 Government Document %D 2015 %T European Court – Rules of Court %X

http://www.echr.coe.int/Pages/home.aspx?p=basictexts/rules&c=#n1347875693676_pointer

The Rules of Court outline the policies and procedures of the European Court of Human Rights. The document explains the organization, proceedings, judgments, and overall working of the Court. 

%B European Court of Human Rights %G eng %U http://www.echr.coe.int/Pages/home.aspx?p=basictexts/rules&c=#n1347875693676_pointer %0 Report %D 2015 %T I am a sample publication. I am important. %A Sarah Peck %X

First, include a LINK with hyperlink here. This will show up at the top of the extract.

Then, if possible, add a descriptive paragraph or two. This will be very helpful for site searching. THEN, CLICK PUBLICATION DETAILS!! This is CRITICAL!

%B This should be the WEBSITE HOME, ideally %G eng %U LINK HERE. Do not FORGET THIS %0 Newspaper Article %B New Age %D 2014 %T Stalkers must be Stopped %A Taskin Fahmina %X

http://newagebd.net/49802/stalkers-must-be-stopped/

Another news of a teenage suicide came up recently. Umme Kulsum Ritu, a 15-year-old student of Class IX at the East Point Education School and College in Khilgaon, Dhaka committed suicide by taking pesticide on September 6. Her family and class mates alleged that Shimul Chandra, a 22-year-old man reported to be a miscreant, along with his friends had been stalking her on the way to school for a long time. The stalkers also started insulting her in front of her house, too.

Schools and colleges can form a coordinated committee including guardians, teachers, social workers, law enforcement agencies and so on to fight against stalkers. Social awareness programmes should be included in order to create moral values against stalking. 

%B New Age %8 17 Sept, 2014 %G eng %U http://newagebd.net/49802/stalkers-must-be-stopped/ %0 Web Page %D 2014 %T Are you a silent observer of dowry and related violence? %A Taskin Fahmina %X

http://odhikar.org/are-you-a-silent-observer-of-dowry-and-related-violence/

Every year many women in Bangladesh are killed and physically abused and many commit suicide because of the the vicious dowry practice and related violence. According to the rights organisation Odhikar, at least 2,800 women were killed, 1,833 were physically abused and 204 committed suicide because of dowry-related violence between 2001 and July 2014.

By analysing the overall dowry situation, reported statistics indicate that it is only the tip of the iceberg. Majority of the victims continue to tolerate abuse, if they are not killed, all through their married life and never report it. The main reasons behind tolerating or not reporting such abuse is that they are either financially incapable of going away and protecting themselves from their abusive husbands or they are not welcome by their poverty-stricken or stigmatised parental families.

%B Odhikar %G eng %U http://odhikar.org/are-you-a-silent-observer-of-dowry-and-related-violence/ %0 Report %D 2014 %T Dispatches: Ending Child Marriage in Yemen %A Belkis Wille %X

https://www.hrw.org/news/2014/01/22/dispatches-ending-child-marriage-yemen

Child marriage is a major problem in Yemen, where according to UN and Yemeni government data from 2006, 52 percent of girls are married – often to much older men – before age 18, and 14 percent before 15. If the girls don’t want to marry, their families generally force them. Girls who marry often drop out of school, are more likely to die in childbirth, and face a higher risk of physical and sexual abuse than women who marry at 18 or later. Until now, Yemen has been one of the few countries in the region without any minimum age for marriage.

%B hrw.org %I Human Rights Watch %G eng %U https://www.hrw.org/news/2014/01/22/dispatches-ending-child-marriage-yemen %0 Newspaper Article %B The Guardian %D 2014 %T How NGOs helped change Moroccan law on rapists marrying their victims %A Fadoua Bahadda %X

http://www.theguardian.com/global-development/poverty-matters/2014/feb/07/ngo-change-morocco-rape-law

A suicide case and a campaign to stop rapists avoiding jail via wedlock finally brought change but further reform is necessary. A law that allowed rapists to dodge jail by marrying their victims has been changed by the Moroccan parliament after a campaign by NGOs, including my organisation, the Association Marocaine de Planification Familiale (AMPF).

%B The Guardian %8 7 Feb,2014 %G eng %U http://www.theguardian.com/global-development/poverty-matters/2014/feb/07/ngo-change-morocco-rape-law %0 Journal Article %J American Journal of Community Psychology %D 2014 %T Beyond deficits: intimate partner violence, maternal parenting, and child behavior over time. %A Adrienne E Adams %A Megan R Greeson %A Deborah I Bybee %A Marisa Beeble %A Cris M Sullivan %A Angie C Kennedy %X

http://www.ncbi.nlm.nih.gov/pubmed/24777256

*The full article is available through this link. This article may be available free of charge to those with university credentials.

Exposure to intimate partner violence (IPV) has negative consequences for children's well-being and behavior. Much of the research on parenting in the context of IPV has focused on whether and how IPV victimization may negatively shape maternal parenting, and how parenting may in turn negatively influence child behavior, resulting in a deficit model of mothering in the context of IPV. However, extant research has yet to untangle the interrelationships among the constructs and test whether the negative effects of IPV on child behavior are indeed attributable to IPV affecting mothers' parenting. The current study employed path analysis to examine the relationships among IPV, mothers' parenting practices, and their children's externalizing behaviors over three waves of data collection among a sample of 160 women with physically abusive partners. Findings indicate that women who reported higher levels of IPV also reported higher levels of behavior problems in their children at the next time point. When parenting practices were examined individually as mediators of the relationship between IPV and child behavior over time, one type of parenting was significant, such that higher IPV led to higher authoritative parenting and lower child behavior problems [corrected]. On the other hand, there was no evidence that higher levels of IPV contributed to more child behavior problems due to maternal parenting. Instead, IPV had a significant cumulative indirect effect on child behavior via the stability of both IPV and behavior over time. Implications for promoting women's and children's well-being in the context of IPV are discussed.

%B American Journal of Community Psychology %V 54 %P 46-58 %G eng %U http://www.ncbi.nlm.nih.gov/pubmed/24777256 %N 1-2 %0 Book %D 2014 %T Heavy Hands: An Introduction to the Crimes of Intimate and Family Violence, 5/E %A Denise Kindschi Gosselin %X

http://www.pearsonhighered.com/educator/product/Heavy-Hands-An-Introduction-to-the-Crimes-of-Intimate-and-Family-Violence-5E/9780133008609.page

*The full article is available through this link. This article may be available free of charge to those with university credentials.

Heavy Hands, Fifth Edition, provides an authentic introduction to the crimes of family violence, covering offenders and offenses, impact on victims, and responses of the criminal justice system. This established text is essential reading for those considering careers in criminal justice, victim advocacy, social work, and counseling. Gosselin draws on extensive field experience and uses real-life examples to provide sharp insight into how and why abuse occurs and its effects on abuse survivors. The text’s accessible language and effective learning tools keep students engaged and motivated, while its practical, real-world focus helps students connect text material to the world around them. 

%I Prentice Hall %G eng %U http://www.pearsonhighered.com/educator/product/Heavy-Hands-An-Introduction-to-the-Crimes-of-Intimate-and-Family-Violence-5E/9780133008609.page %0 Report %D 2014 %T Due Diligence and State Responsibility to Eliminate Violence Against Women - Region: Middle East & North Africa %A Afaf Jabiri %A Zarizana Abdul Aziz %A Janine Moussa %X

http://duediligenceproject.org/ressources.html

The Middle East and North Africa (MENA) regional consultative meeting brought together 18 regional experts from MENA. The objective of regional consultative meetings was to consult and discuss with experts and stakeholders from the region on project and to have a focused discussion on systemic regional patterns and thematic issues of importance to the region.

This included identifying key issues that posed challenges in MENA including cultural perception and stereotyping as well as political priority placed on and budget allocated for ending violence against women as well as verifying data from the Project survey conducted in 8 countries in the MENA region.

The meeting also provided a forum for experts to discuss the issues, challenges, state actions and their implementation as well as good practices with regard to eliminating violence against women. In particular, the meeting focused on the 5 areas where states are obligated to exercise due diligence to end violence against women, namely prevention of violence against women, protection of victims/survivors, prosecution and investigations of VAW cases, punishment of perpetrators and the provision of redress and reparation for victims/survivors of VAW.

The discussions will be incorporated into the MENA regional report on State compliance with their due diligence obligations to end violence against women and will input into the development of indicators and standards on due diligence and State responsibility.

%I Due Diligence Project %G eng %U http://duediligenceproject.org/ressources.html %0 Report %D 2014 %T Towards an Anti-Sexual and Gender-Based Violence Norm in the Great Lakes Regional of Africa %A Laura Nyirinkindi %A Monica Twesiime Kirya %X

http://namati.org/resources/towards-an-anti-sexual-and-gender-based-violence-norm-in-the-great-lakes-regional-of-africa/

A Civil Society Review of the implementation of the 2011 Kampala Declaration on Sexual and Gender Based Violence of the International Conference of the Great Lakes Region. This study was undertaken to assess the progress made by the eleven member states of the International Conference of the Great Lakes Region (ICGLR), in implementing the landmark 2011 Kampala Declaration to prevent, punish and respond to Sexual and Gender-Based Violence (SGBV) in the region. The 2011 Kampala declaration defined the actions to be undertaken to prevent the occurrence of SGBV, end impunity for sexual crimes and provide support with legal, financial, medical and psychosocial support. Three years later, Isis-WICCE has commissioned a research study on behalf of the Regional Civil Society Coordinating Committee on the SGBV Declaration, to examine the current status of implementation. The report looks at States efforts to domesticate and implement relevant protocols, provide concrete support for judicial and security sector reform, as well as ensuring strong supporting structures, special courts or specific legal procedures against SGBV.

%B Namati %I Namati %G eng %U http://namati.org/resources/towards-an-anti-sexual-and-gender-based-violence-norm-in-the-great-lakes-regional-of-africa/ %0 Report %D 2014 %T Europe takes major step forward to protect women’s rights, says Secretary General Jagland. Statement by the Secretary General on the 10th ratification of the Istanbul convention %X

http://www.coe.int/en/web/secretary-general/speeches/-/asset_publisher/gFMvl0SKOUrv/content/europe-takes-major-step-forward-to-protect-women-s-rights-says-secretary-general-jagland-statement-by-the-secretary-general-on-the-10th-ratification-o?inheritRedirect=false&redirect=http%3A%2F%2Fwww.coe.int%2Fen%2Fweb%2Fsecretary-general%2Fspeeches%3Fp_p_id%3D101_INSTANCE_gFMvl0SKOUrv%26p_p_lifecycle%3D0%26p_p_state%3Dnormal%26p_p_mode%3Dview%26p_p_col_id%3Dcolumn-4%26p_p_col_count%3D1%26_101_INSTANCE_gFMvl0SKOUrv_advancedSearch%3Dfalse%26_101_INSTANCE_gFMvl0SKOUrv_keywords%3D%26_101_INSTANCE_gFMvl0SKOUrv_delta%3D20%26p_r_p_564233524_resetCur%3Dfalse%26_101_INSTANCE_gFMvl0SKOUrv_cur%3D2%26_101_INSTANCE_gFMvl0SKOUrv_andOperator%3Dtrue

Today, Andorra became the 10th member state to ratify the Council of Europe's Convention on preventing and combating violence against women and domestic violence, which means that the treaty will enter into force on 1 August for all countries that ratify it.

As the first legally binding set of standards on preventing and combating violence against women and domestic violence in Europe, the convention requires states parties to prevent violence, protect victims, prosecute perpetrators, and co-ordinate measures through comprehensive policies.

%I Council of Europe %G eng %U http://www.coe.int/en/web/secretary-general/speeches/-/asset_publisher/gFMvl0SKOUrv/content/europe-takes-major-step-forward-to-protect-women-s-rights-says-secretary-general-jagland-statement-by-the-secretary-general-on-the-10th-ratification-o?inheritRedir %0 Report %D 2014 %T LOI n° 2014-476 du14 mai 2014autorisant la ratification de la convention du Conseil de l'Europe sur la prévention et la lutte contre les violences à l'égard des femmes et la violence domestique (1) %X

http://www.legifrance.gouv.fr/eli/loi/2014/5/14/MAEJ1304999L/jo

Est autorisée la ratification de la convention du Conseil de l'Europe sur la prévention et la lutte contre la violence à l'égard des femmes et la violence domestique (ensemble une annexe), signée à Istanbul, le 11 mai 2011, et dont le texte est annexé à la présente loi (2).
La présente loi sera exécutée comme loi de l'Etat.

%B LegiFrance %G eng %U http://www.legifrance.gouv.fr/eli/loi/2014/5/14/MAEJ1304999L/jo %0 Report %D 2014 %T Missing and Murdered Indigenous Women in British Columbia, Canada %X

http://www.oas.org/en/iachr/docs/annual/2014/TOC.asp

Located under "Annexes."

This report addresses the situation of missing and murdered indigenous women in British Columbia, Canada. It analyzes the context in which indigenous women have gone missing and been murdered over the past several years and the response to this human rights issue by the Canadian State. The report offers recommendations geared towards assisting the State in strengthening its efforts to protect and guarantee indigenous women’s rights.

Indigenous women and girls in Canada have been murdered or have gone missing at a rate four times higher than the rate of representation of indigenous women in the Canadian population which is 4.3%. The most comprehensive numbers available were collected by the non-profit organization Native Women’s Association of Canada (NWAC) through an initiative financed by the governmental entity Status of Women Canada. As of March 31, 2010, NWAC has gathered information regarding 582 cases of missing or murdered indigenous women and girls across the country from the past 30 years. Civil society organizations have long claimed that the number could be much higher, and new research indicates that over 1000 indigenous women could be missing or dead across Canada. Although high numbers of missing and murdered indigenous women in Canada have been identified at both the national and international levels, there are no trustworthy statistics that could assist in reaching a fuller understanding of this problem. The Government itself recognizes that Canada’s official statistics do not provide accurate information regarding the true numbers of missing and murdered indigenous women. In addition, there is no reliable source of disaggregated data on violence against indigenous women and girls because police across Canada do not consistently report or record whether or not the victims of violent crime are indigenous.

As the report explains, the numbers of missing and murdered indigenous women are particularly concerning when considered in light of the fact that indigenous people represent a small percentage of the total population of Canada. Although the information received by the Commission indicates that this could be a nationwide phenomenon, this report is focused on the situation in British Columbia, because the number of missing and murdered indigenous women is higher there in absolute terms than any other province or territory in Canada. 

 

%B Organization of American States %I Inter-American Commission on Human Rights %G eng %U http://www.oas.org/en/iachr/docs/annual/2014/TOC.asp %0 Report %D 2014 %T Canada: Violence Against Indigenous Women %X

http://www.hrw.org/news/2014/01/31/canada-violence-against-indigenous-women

The Canadian government should set up an independent national inquiry into the violence experienced by indigenous women and girls and create a system for greater accountability for police misconduct, Human Rights Watch said today. Representatives from Human Rights Watch testified on January 30, 2014, before the Special Committee on Violence Against Indigenous Women in the Canadian House of Commons. They also urged officials to hold police responsible for misconduct.

%I Human Rights Watch %G eng %U http://www.hrw.org/news/2014/01/31/canada-violence-against-indigenous-women %0 Report %D 2014 %T American Bar Association Commission on Domestic and Sexual Violence Report to the House of Delegates %X

http://www.americanbar.org/news/reporter_resources/aba-2014-annual-meeting/2014-annual-meeting-house-of-delegates-resolutions/112b.html

Condemns forced marriage as a fundamental human rights violation and form of family violence and of violence against women and urges governments to amend existing laws or enact new laws to prevent, protect and support individuals threatened by forced marriages.

%B American Bar Association (ABA) %I American Bar Association Commission on Domestic and Sexual Violence %G eng %U http://www.americanbar.org/news/reporter_resources/aba-2014-annual-meeting/2014-annual-meeting-house-of-delegates-resolutions/112b.html %0 Generic %D 2014 %T VAW - Research Briefing Schedule- May 22, 2014 %A Vidya Sri %X

Schedule of the May 2014 Initiative on Violence Against Women Briefing. 

%G eng %0 Report %D 2014 %T Respectful Dialogue: A Guide for Responsible Reporting on Female Genital Cutting %A Joumanah El Matrah %A Anila Aftab %A Asha Bedar %X

http://ausmuslimwomenscentre.org.au/category/resources/publications

In 2013, the Australian Muslim Women’s Centre for Human Rights was awarded a grant by the Australian Government’s Department of Health to develop a guide for all media professionals reporting on Female Genital Cutting (FGC).

This is a resource guide for professionals working in all aspects of the media on the issue of FGC. It aims to equip media professionals with an understanding of the practice of FGC, and provide recommendations on ethical reporting from the perspective of affected communities and experts working on FGC. 

%B Victorian Refugee Health Network %I Australian Muslim Women’s Centre for Human Rights %G eng %U http://ausmuslimwomenscentre.org.au/category/resources/publications %0 Report %D 2014 %T Domestic Violence & Sexual Assault in the United States: A Human Rights Based Approach & Practice Guide %X

http://web.law.columbia.edu/human-rights-institute/publications

This Guide provides an overview of human rights law’s approach to addressing gender-based violence. 

Section I distills the core human rights principles related to gender-based violence, focusing on the “due diligence” standard: a comprehensive framework to address human rights violations in a systemic and proactive manner, whether committed by private or governmental actors.

Section II discusses the value added of human rights principles in the U.S. context, and identifies concrete ways to integrate core human rights principles into domestic policy.

Section III describes seminal international law cases related to gender-based violence.

Section IV concludes by offering several resources on human rights and gender-based violence, including U.S. government and NGO reports and recommendations related to eradicating gender-based violence, reviews of other countries’ approaches to these issues and a list of U.S.-based NGOs working on gender-based violence as a human rights issue.

The Appendix is a chart of the key provisions of international and regional human rights agreements that relate to gender-based violence.

%B Columbia Law School Human Rights Insitutite %I Columbia Law Human Rights Institute, Miami Law School Human Rights Clinic & The ACLU Women's Rights Project %G eng %U http://web.law.columbia.edu/human-rights-institute/publications %0 Report %D 2014 %T Domestic Violence Module: Demographic and Health Surveys Methodology %X

http://dhsprogram.com/publications/publication-DHSQMP-DHS-Questionnaires-and-Manuals.cfm

**Go to the publication "DHS6_Module_Domestic_Violence_6Aug2014_DHSQMP"

This document is part of the Demographic and Health Survey’s DHS Toolkit of methodology for the MEASURE DHS Phase III project, implemented from 2008-2013.

This publication was produced for review by the United States Agency for International Development (USAID). It was prepared by MEASURE DHS/ICF International.

%B The Demographic and Health Surveys Program %I United States Agency for International Development %G eng %U http://dhsprogram.com/publications/publication-DHSQMP-DHS-Questionnaires-and-Manuals.cfm %0 Generic %D 2014 %T Community Tool Box Table of Contents %X

http://ctb.ku.edu/en/table-of-contents

This page lists 46 Chapters through which you can obtain practical, step-by-step guidance in community-building skills. See also our related Toolkits, which offer short outlines for key tasks.

%B The University of Kansas %G eng %U http://ctb.ku.edu/en/table-of-contents %0 Report %D 2014 %T Family Violence Death Review Committee Fourth Annual Report: January 2013 to December 2013 %X

http://www.hqsc.govt.nz/our-programmes/mrc/fvdrc/publications-and-resources/publication/1600/

The report sets out information, findings and recommendations from data on all family violence homicides in the four years from 2009 to 2012, and from in-depth regional reviews of 17 family violence death events.

It goes beyond previous reports. For the first time, the pattern of violence has been included in the analysis of all family violence deaths, which better addresses the context in which these distressing events occur.This broader brush provides insights into the responses required to prevent future deaths.

The report suggests the family violence workforce needs to think differently if it is to respond effectively and safely to people living with family violence. It recommends improved family violence training, a stronger response to risk factors, and changes in legislation to better support those victimised by family violence.

Normalising or minimising family violence fails people who are at risk of being killed. The report advocates campaigning to encourage safe and effective interventions by friends, family, neighbours and workmates.

%B Health Quality & Safety Commission New Zealand %I Health Quality & Safety Commission New Zealand %G eng %U http://www.hqsc.govt.nz/our-programmes/mrc/fvdrc/publications-and-resources/publication/1600/ %0 Government Document %D 2014 %T Women's Lives and Challenges: Equality and Empowerment since 2000 %X

http://www.usaid.gov/news-information/press-releases/mar-7-2014-usaid-release-womens-lives-and-challenges-report

This report, among the most extensive recent assessments of women’s status, looks at women’s progress in four continents and more than 45 countries.  Women’s Lives and Challenges evaluates trends in women’s employment, domestic decision-making, exposure to violence, and access to education and health care. 

%B United States Agency for International Development %G eng %U http://www.usaid.gov/news-information/press-releases/mar-7-2014-usaid-release-womens-lives-and-challenges-report %0 Generic %D 2014 %T More Than Bruises Are Left Behind %X

http://matlaabana.co.za/our-projects.php

SECONDARY GOAL

To minimise the secondary abuse children suffer when they report abuse against them. This abuse is often worse than the primary abuse, due to a very unsympathetic reporting system. 

PRIMARY GOALS

“Getting conversation going”

To prevent more child abuse from happening by securing more reporting. To mobilise communities to start speaking about child abuse.

To educate communities on what child abuse is, signs and symptoms and how to report it.

To  educate the public and children on reporting, highlight myths and facts of child abuse and to mobilise the community to start reporting.

%B Matla A Bana %G eng %U http://matlaabana.co.za/our-projects.php %0 Report %D 2014 %T Strengthening the protection of sexual and reproductive health and rights in the African region through human rights %A Charles Ngwena %A Ebenezer Durojaye %X

http://www.pulp.up.ac.za/edited-collections/strengthening-the-protection-of-sexual-and-reproductive-health-and-rights-in-the-african-region-through-human-rights?highlight=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

Strengthening the protection of sexual and reproductive health and rights in the African region through human rights uses rights-based frameworks to address some of the serious sexual and reproductive health challenges that the African region is currently facing. More importantly, the book provides insightful human rights approaches on how these challenges can be overcome. The book is the first of its kind. It is an important addition to the resources available to researchers, academics, policymakers, civil society organisations, human rights defenders, learners and other persons interested in the subject of sexual and reproductive health and rights as they apply to the African region. Human rights issues addressed by the book include: access to safe abortion and emergency obstetric care; HIV/AIDS; adolescent sexual health and rights; early marriage; and gender-based sexual violence.

%I Pretoria University Law Press %G eng %U http://www.pulp.up.ac.za/edited-collections/strengthening-the-protection-of-sexual-and-reproductive-health-and-rights-in-the-african-region-through-human-rights?highlight=WyJzZXh1YWwiLCJyZXByb2R1Y3RpdmUiLCJoZWFsdGgiLCInaGVhbHRoJyIsInJpZ2h0cyIsIidyaWdodHMn %0 Report %D 2014 %T 2014 Trafficking In Persons Report - Israel %X

http://www.state.gov/j/tip/rls/tiprpt/countries/2014/226745.htm

The Trafficking in Persons (TIP) Report is the U.S. Government’s principal diplomatic tool to engage foreign governments on human trafficking. It represents an updated, global look at the nature and scope of trafficking in persons and the broad range of government actions to confront and eliminate it.

This 2014 report has findings specific to Israel.

%B U.S. Department of State %I Office to Monitor and Combat Trafficking in Persons %G eng %U http://www.state.gov/j/tip/rls/tiprpt/countries/2014/226745.htm %0 Report %D 2014 %T Advocacy before the Inter-American System: Manual for Attorneys and Advocates %X

http://www.ijrcenter.org/regional/inter-american-system/#Resources_for_Advocates

International Justice Resource Center's publication, Advocacy before the Inter-American System: Manual for Attorneys and Advocates (2014) provides detailed information on the System, its components, complaints procedure, and decisions (also available in SpanishPortuguese and Haitian Creole).

%B http://www.ijrcenter.org %I International Justice Resource Center %G eng %U http://www.ijrcenter.org/regional/inter-american-system/#Resources_for_Advocates %0 Report %D 2014 %T Eliminating All Forms of Discrimination and Violence Against Women: Written statement submitted by Al-khoei Foundation to the UN Human Rights Council %X

http://ap.ohchr.org/documents/alldocs.aspx?doc_id=23280

 

Select "A/HRC/26/NGO/15"

 

The Al-Khoei Foundation is submitting this statement to appeal to the Special Rapporteur on Violence Against Women, its Causes and Consequences, to continue her effective advocacy on a number of issues that contribute to violence against women and it’s many causal factors.

%B Al-khoei Foundation %I Al-khoei Foundation %G eng %U http://ap.ohchr.org/documents/alldocs.aspx?doc_id=23280 %0 Journal Article %J European Court of Human Rights %D 2014 %T European Court – Practical Guide on Admissibility %X

http://www.echr.coe.int/Pages/home.aspx?p=caselaw/analysis&c=#n1347458601286_pointer

 This practical guide to the conditions of admissibility of individual applications is to be seen in the same context. It is designed to present a clearer and more detailed picture of the conditions of admissibility with a view, firstly, to reducing as far as possible the number of applications which have no prospect of resulting in a ruling on the merits and, secondly, to ensuring that those applications which warrant examination on the merits pass the admissibility test. At present, in most cases which pass that test, the admissibility and merits are examined at the same time, which simplifies and speeds up the procedure.

This document is aimed principally at legal practitioners and in particular at lawyers who may be called upon to represent applicants before the Court. All the admissibility criteria set forth in Articles 34 (individual applications) and 35 (admissibility criteria) of the Convention have been examined in the light of the Court’s case- law. Naturally, some concepts, such as the six-month time-limit and, to a lesser extent, the exhaustion of domestic remedies, are more easily defined than others such as the concept of “manifestly ill-founded”, which can be broken down almost ad infinitum, or the Court’s jurisdiction ratione materiae or ratione personae. Furthermore, some Articles are relied on much more frequently than others by applicants, and some States have not ratified all the additional Protocols to the Convention, while others have issued reservations with regard to the scope of certain provisions. The rare instances of inter-State applications have not been taken into account as they call for a very different kind of approach. This guide does not therefore claim to be exhaustive and will concentrate on the most commonly occurring scenarios. 

%B European Court of Human Rights %G eng %U http://www.echr.coe.int/Pages/home.aspx?p=caselaw/analysis&c=#n1347458601286_pointer %0 Web Page %D 2014 %T Egyptian doctor to stand trial for female genital mutilation in landmark case %A Patrick Kingsley %X

http://www.theguardian.com/society/2014/may/21/egyptian-doctor-fadl-trial-female-genital-mutilation-landmark-case

Raslan Fadl, a doctor in a Nile delta village, is accused of killing 13-year-old schoolgirl Sohair al-Bata'a in a botched operation

%B The Guardian %G eng %U http://www.theguardian.com/society/2014/may/21/egyptian-doctor-fadl-trial-female-genital-mutilation-landmark-case %0 Web Page %D 2014 %T 'It is the young flesh they want' %A Anne Barrowclough %X

http://www.theaustralian.com.au/life/weekend-australian-magazine/it-is-the-young-flesh-they-want/story-e6frg8h6-1226949239039

On best estimates, the number of girls in Australia being forced into marriage here or overseas is in the hundreds every year. Girls as young as 12 or 13 are disappearing from schoolyards, packed off to the countries of their parents’ birth to wed men they have never met, while others are taken from their homes in southern Asia and the Middle East and brought into Australia to marry.

%B The Australian %G eng %U http://www.theaustralian.com.au/life/weekend-australian-magazine/it-is-the-young-flesh-they-want/story-e6frg8h6-1226949239039 %0 Web Page %D 2014 %T Myanmar Activists Demand Law to Ban Violence Against Women %A Thin Lei Win %E Tim Pearce %X

Myanmar Activists Demand Law to Ban Violence Against Women

This article from The New York Times explores Myanmar's lack of infrastructure to combat violence against women and children. 

%B The New York Times %G eng %U Myanmar Activists Demand Law to Ban Violence Against Women %0 Report %D 2014 %T Violence against Women in the context of Political Transformations and Economic Crisis in the Euro-Mediterranean Region: Trends and Recommendations towards Equality and Justice %A Monia Ben Jemia %A Laëtitia Sedou %A Marsha Scott %A Magali Thill %A Susana Pavlou %A Françoise Brié %A Lina Alqurah %X

http://euromedrights.org/publication/violence-against-women-in-the-context-of-political-transformations-and-economic-crisis-in-the-euro-mediterranean-region/

On the occasion of International Women’s Day (8th of March), the Euro Mediterranean Human Rights Network (EMHRN) published today its regional report “Violence against women in the context of political transformations and economic crisis in the Euro-Mediterranean region; trends and recommendations towards equality and justice”.

This report alerts that violence against women has dramatically increased in the Euro-Mediterranean region during the recent years,  showcasing key patterns of violence against women, through case studies from Egypt, Syria, Tunisia, Libya, France, Cyprus and Spain.

The report also underlines the alarming increase and severity of sexual violence in countries such as Libya, Syria and Egypt mounting to sexual terrorism.  In Egypt, women protestors were subjected to systematic and seemingly planned harassment and gang rapes in Tahrir Square. In Syria, women and are subjected to trafficking and sexual exploitation girls in refugee camps.

%B Euro-Mediterranean Human Rights Network %I EuroMed Rights - Euro-Mediterranean Human Rights Network %G eng %U http://euromedrights.org/publication/violence-against-women-in-the-context-of-political-transformations-and-economic-crisis-in-the-euro-mediterranean-region/ %0 Web Page %D 2014 %T Four Things Everyone Should Know about Wartime Sexual Violence %A Cohen, Dara Kay %A Nordas, Ragnhild %A Elisabeth Wood %X

http://www.washingtonpost.com/blogs/monkey-cage/wp/2014/06/09/four-things-everyone-should-know-about-wartime-sexual-violence/

The three-day Global Summit in June 2014 to End Sexual Violence in Conflict co-chaired by Angelina Jolie, offered visitors insight into the summit's message through cinema, art and photography in London. 

%B The Washington Post %G eng %U http://www.washingtonpost.com/blogs/monkey-cage/wp/2014/06/09/four-things-everyone-should-know-about-wartime-sexual-violence/ %0 Web Page %D 2014 %T Global Summit Falls Short on Concrete Commitments to End Sexual Violence %X

http://www.stoprapeinconflict.org/media

Members of The International Campaign to Stop Rape & Gender Violence in Conflict today expressed their disappointment that the Global Summit to End Sexual Violence, hosted by the UK government, ended with few tangible results that will make an immediate impact on the ground.

%B The International Campaign to Stop Rape & Gender Violence in Conflict %G eng %U http://www.stoprapeinconflict.org/media %0 Conference Paper %B Initiative on VAW, March 2014 Research Briefing %D 2014 %T Barriers to Implementing VAW Law Against Domestic Violence in Three Asian Countries (China, Pakistan, and Sri Lanka) %A Kristen Pancio %X

Subject: This research memorandum presents key findings from desk research conducted in January and February 2014, on the barriers to instituting appropriate VAW laws against domestic violence (DV), and to effectively implementing them in three countries in Asia (China, Pakistan, and Sri Lanka).

Background and Cross-Cutting Findings: China, Pakistan, and Sri Lanka have all ratified CEDAW; however, both China and Pakistan have not passed the Optional Protocol to CEDAW. Research found four cross-cutting barriers impeding the institutionalization of appropriate VAW laws against DV in these three countries:

1)  The predominant public discourse on DV is fragmented. As a result, an overall sense of urgency and severity of the problem is not felt among key stakeholders in all 3 countries.

2)  Other national policies regarding housing, marriage, fertility, migration, etc. undermine both the international (CEDAW) legal framework, and the national policies set up for service provision and protection across all three countries.

3)  There is an overall lack of appropriate resource allocation among all 3 countries for comprehensively implementing appropriate VAW laws against DV. A large body of evidence suggests multiple root causes for VAW-DV, and States disagree on where and how to allocate resources to VAW-DV (prevention, intervention, prosecution, and protection).

4)  Incomparable and unreliable data is the 4th major barrier to instituting appropriate VAW laws against DV both internationally through CEDAW, and nationally within all 3 countries. Transparency of data collection methodologies is also a noted concern. 

%B Initiative on VAW, March 2014 Research Briefing %C Carr Center for Human Rights, Harvard Kennedy School of Government %8 March 2014 %G eng %0 Conference Paper %B Initiative on VAW, Research Briefing %D 2014 %T Violence against Women in Australia and The National Action Plan to Reduce Violence against Women and their Children %A Natalie Eslick %X

Violence against Women (VAW) is a pervasive, global human rights violation. This research memo discusses the current state of VAW in Australia, and the Australian Governments proposed National Action Plan (NAP) addressing VAW across Australia’s diverse community. Noting that women’s rights are not fully protected by the Commonwealth and revealing the current appalling statistics around domestic and sexual violence against Australian women, the memo then provides insight on Indigenous women and VAW, followed by a deeper look at NAP. Finally, after a brief look at the recent study tour of Australia by the Special Rapporteur on Violence against Women, Australia’s commitment to addressing VAW is discussed with reference to reporting for CEDAW and UPR. The memo then considers the Special Rapporteur’s study tour in light of the election of a new federal government. It then concludes that if the state shows genuine commitment to its people, and to its obligations under human rights treaties, the onus ultimately rests on it to work with civil society to make use of the human rights mechanisms and seek to honestly and with purpose examine their human rights status and develop and adopt sustainable positive change. 

%B Initiative on VAW, Research Briefing %C Carr Center for Human Rights, Harvard Kennedy School of Government %8 March 2014 %G eng %0 Web Page %D 2014 %T 'Victim' vs 'Survivor': feminism and language %A Rahila Gupta %X

https://www.opendemocracy.net/5050/rahila-gupta/victim-vs-survivor-feminism-and-language

Rahila Gupta argues that the term ‘victim’ needs to be reclaimed by feminist politics; whilst 'survivor' is important because it recognises the agency of women, it focuses on individual capacity, but the notion of 'victim' reminds us of the stranglehold of the system.

%B openDemocracy %G eng %U https://www.opendemocracy.net/5050/rahila-gupta/victim-vs-survivor-feminism-and-language %0 Journal Article %J UN Women %D 2014 %T Timeline of Policy Commitments and International Agreements %X

http://www.endvawnow.org/en/articles/302-timeline-of-policy-commitments-and-international-agreements-.html

Decades of advocacy efforts led by the women’s movement and grassroots organizations across all regions have led to the recognition that violence against women and girls is a manifestation of systematic gender discrimination and inequality, a violation of human rights and detrimental to development. The historical developments below highlight the building momentum and increasing attention to violence against women on international and regional agendas.

%B UN Women %G eng %U http://www.endvawnow.org/en/articles/302-timeline-of-policy-commitments-and-international-agreements-.html %0 Report %D 2013 %T Measuring and responding to violence against women in Kiribati - Action on gender inequality as a social determinant of health %X

http://iris.wpro.who.int/handle/10665.1/10446

As  in  many  places,  gender  inequality  is  prevalent  in  the  Pacific  island  nation  of  Kiribati.  the WHO commission on Social Determinants of Health underlined in 2008 that gender inequality  impacts  health  through  “discriminatory  feeding  patterns,  violence  against  women, lack of decision-making power, and unfair divisions of work, leisure, and possibilities of improving one’s life,” in addition to limiting access to health care services. A significant consequence  of  gender  inequality  is  the  high  level  of  gender-based  violence,  including  sexual, emotional and physical, perpetrated by intimate partners and non-partners. three years  after  the  final  report  of  the  Commission  on  Social  Determinants  of  Health,  WHO  convened  the  World  Conference  on  Social  Determinants  of  Health  in  Rio  de  Janeiro,  Brazil, in october 2011 to review progress on implementing the recommendations of the commission, draw lessons from experiences and catalyse coordinated global action. this paper was developed in the run-up to the world conference as examples of policy action aimed at tackling key determinants of health and reducing health inequities. covering the period between 2008 and 2011, the paper demonstrates that efforts to measure the extent of a problem can raise political awareness and thereby effectively trigger policy responses on key determinants of gender-based violence and, more broadly, health.

Prior to 2008, health policy-makers were unaware of the prevalence of gender-based violence  in  Kiribati,  as  no  nationally  representative  study  on  the  problem  had  ever  been  conducted. with support from the Australian government, the United Nations Population Fund  (UNFPA)  and  the  Secretariat  of  the  Pacific  community  (SPC),  and  drawing  on  the  methodology  of  the  WHO  Multi-country  Study  on  Women’s  Health  and  Domestic  Violence, the kiribati ministry of Internal and social Affairs (MISA) conducted its first family health and support study in 2008. A committee of stakeholders was assembled to guide the research, support its planning and implementation, and provide a longitudinal sense of buy-in and ownership.

%B Institutional Repository for Information Sharing %I World Health Organization. Regional Office for the Western Pacific %G eng %U http://iris.wpro.who.int/handle/10665.1/10446 %0 Report %D 2013 %T Kiribati Islands. A Situation Analysis of Children, Women and Youth. %A Monica Romano %X

Most of the issues affecting children, youth and women can be effectively addressed through the Government’s commitment to the obligations of international conventions such as the Convention on the Rights of the Child (CRC) and the Elimination of All forms of Discrimination against Women (CEDAW). Government should provide resources to the Kiribati National Advisory Committee on Children (KNACC) and also put in place effective advocacy structures to ensure children and women’s issues are known and mainstreamed into the national development agenda. 

%B IFAD %I UNICEF %G eng %U http://asia.ifad.org/web/kiribati/resources?p_p_id=1_WAR_resource_libraryportlet&_1_WAR_resource_libraryportlet_jspPage=%2F%2Fhtml%2Fresource_library%2Fentry_detail.jsp&_1_WAR_resource_libraryportlet_entryId=6545 %0 Report %D 2013 %T Declaration of Indigenous Women of CSW57 %X

 

https://www.un.org/development/desa/indigenouspeoples/mandated-areas1/indigenous-women/indigenous-women-and-the-commission-on-the-status-of-women.html

Indigenous women's participation at the 57th Session of the Commission on the Status of Women, 4 to 15 March 2013

A major success at the 57th CSW was the adoption of agreed conclusions on the elimination and prevention of all forms of violence against women and girls on 15 March 2013. The result is due not only to the marvellous work of States but also to the persistence and advice of the more than 600 NGOs gathered at the United Nations, including Indigenous women from around the world. In this regard, “27. The Commission reaffirms that indigenous women often suffer multiple forms of discrimination and poverty which increase their vulnerability to all forms of violence; and stresses the need to seriously address violence against indigenous women and girls.”

%I United Nations - Commission on the Status of Women %G eng %U https://www.un.org/development/desa/indigenouspeoples/mandated-areas1/indigenous-women/indigenous-women-and-the-commission-on-the-status-of-women.html %0 Report %D 2013 %T Violence against Women, Bleeding Wound in the Syrian Conflict %A Sema Nasar %X

http://euromedrights.org/publication/violence-against-women-bleeding-wound-in-the-syrian-conflict/

Unveiling instances of violence against women (VAW) is one of the most demanding tasks in the Syrian context. Important challenges concerning sexual violence related to both the social cultural context in Syria and methodology of documentation hamper the documentation process. Extensive and sustained efforts are necessary to ensure that these violations will be addressed during the transitional justice period that should follow the end of the armed conflict and that adequate means are deployed in order to provide victims with support, accompaniment and rehabilitation.

This document is a documentation report prepared by Syrian human rights and women’s rights activist Sema Nasar, a member in the Syrian Human Rights Network, with the support of the EMHRN and experts in documentation.

The report is an outcome of an ongoing EMHRN programme aimed at reinforcing networking and capacities of Syrian human rights activists and groups to document and advocate on human rights violations. The process was initiated in 2011, and since then the EMHRN organized consultation meetings, workshops and trainings in documentation for Syrian human rights activists in view of enhancing the documentation efforts carried out by Syrian Human Rights Groups. An integral part of the process is to also to facilitate access of Syrian HR activists to international mechanisms at UN and EU level and to other decision makers in the region .

%B Euromedrights.org %I Euro-Mediterranean Human Rights Network %G eng %U http://euromedrights.org/publication/violence-against-women-bleeding-wound-in-the-syrian-conflict/ %0 Journal Article %J American Journal of Orthopsychiatry %D 2013 %T Does Job Stability Mediate the Relationship Between Intimate Partner Violence and Mental Health Among Low-Income Women? %A Adrienne E Adams %A Deborah I Bybee %A Richard M Tolman %A Cris M Sullivan %A Angie C Kennedy %X

https://www.ncbi.nlm.nih.gov/pubmed/24164531

*The full article is available through this link. This article may be available free of charge to those with university credentials.

Intimate partner violence (IPV) has detrimental consequences for women's mental health. To effectively intervene, it is essential to understand the process through which IPV influences women's mental health. The current study used data from 5 waves of the Women's Employment Study, a prospective study of single mothers receiving Temporary Assistance for Needy Families (TANF), to empirically investigate the extent to which job stability mediates the relationship between IPV and adverse mental health outcomes. The findings indicate that IPV significantly negatively affects women's job stability and mental health. Further, job stability is at least partly responsible for the damaging mental health consequences of abuse, and the effects can last up to 3 years after the IPV ends. This study demonstrates the need for interventions that effectively address barriers to employment as a means of enhancing the mental health of low-income women with abusive partners.

%B American Journal of Orthopsychiatry %V 83 %P 600-608 %G eng %U https://www.ncbi.nlm.nih.gov/pubmed/24164531 %N 4 %0 Journal Article %J The Journal of Black Psychology %D 2013 %T Oppression Within Safe Spaces: Exploring Racial Microaggressions Within Domestic Violence Shelters %A Nkiru A. Nnawulezi %A Cris M Sullivan %X

http://jbp.sagepub.com/content/40/6/563

*The full article is available through this link. This article may be available free of charge to those with university credentials.

Racial microaggressions are often unintentional and subtle forms of racism that manifest in interpersonal communications, behaviors, or environments. The purpose of this study was to explore the presence of racial microaggressions within domestic violence shelters and to understand how women respond to them. Using a phenomenological approach to data collection and analysis, 14 Black women from 3 different shelters were interviewed. Twelve women reported experiencing at least one racial microaggression, although few identified the experience as racist. Additional themes were also examined to understand why women did not identify their experiences of racial microaggressions as racist. Implications for research and practice are discussed.

%B The Journal of Black Psychology %V 40 %P 563-591 %G eng %U http://jbp.sagepub.com/content/40/6/563 %N 6 %0 Report %D 2013 %T Balance de la jurisprudencia género sensitiva de Tribunales nacionales en 13 países de América Latina y el Caribe %A Claudia Herrmannsdorfer %X

http://bd.cdmujeres.ucr.ac.cr/documentos/balance-jurisprudencia-genero-sensitiva-tribunales-nacionales-13-paises-america-latina

El primer documento

Desde el Programa de Litigio del Comité de América Latina y el Caribe para la Defensa de los Derechos de las Mujeres, CLADEM, nos proponemos como objetivo contribuir a promover la ampliación de los marcos interpretativos de la normatividad internacional y nacional en los países de la región, así como la justiciabilidad de los derechos humanos de las mujeres mediante jurisprudencia género-sensitiva obtenida a través del litigio internacional.

Como parte del proyecto ̈Campaña para extender el uso del derechos como instrumento de cambio entre las organizaciones de América Latina y el Caribe Hispano ̈ presentamos este Balance de la jurisprudencia género sensitiva de Tribunales nacionales en 13 países de América Latina y el Caribe. La finalidad del mencionado Proyecto es lograr una mayor incidencia de la sociedad civil en su interlocución con los Estados involucrados, mediante el uso del derecho para la defensa y exigibilidad de los derechos humanos de las mujeres, especialmente en lo referido a la erradicación de la violencia contra la mujer, mayores garantías para sus derechos sexuales y reproductivos y sus derechos económicos, sociales y culturales.

El documento, pretende acercar un balance regional de la jurisprudencia género sensitiva de Tribunales Constitucionales o Altas Cortes para establecer la línea de avance jurisprudencial a nivel nacional durante el período 2008-2012. En ella se releva las sentencias con enfoque de género de Tribunales Constitucionales y de Altas Cortes en 13 países de América Latina y el Caribe en los temas de: discriminación e igualdad, violencia contra la mujer, autonomía sexual y autonomía reproductiva, educación no sexista y antidiscriminatoria.

La selección temática surge del ̈Documento base de la Segunda Campaña de Incidencia para el cumplimiento de las deudas pendientes de los Estados con los Derechos Humanos de las Mujeres ̈1 en el que priorizan 3 temas claves, al que hemos sumado discriminación e igualdad debido a que lo consideramos transversal a los demás. En materia de igualdad para las mujeres es relevante destacar cómo los diferentes casos de violación exponen patrones de discriminación que son estructurales.

Consideramos que este documento puede ser una herramienta de utilidad para las organizaciones de mujeres y activistas que trabajan la temática; así como también alentar a operadores y operadoras de justicia de los países de la región para profundizar en el avance de la jurisprudencia género sensitiva. 

%I Centro de Derechos Mujeres %G eng %U http://bd.cdmujeres.ucr.ac.cr/documentos/balance-jurisprudencia-genero-sensitiva-tribunales-nacionales-13-paises-america-latina %0 Report %D 2013 %T Oidhaco Fact Sheet on Women’s Rights in Colombia %X

http://www.peacewomen.org/content/oidhaco-fact-sheet-womens-rights-colombia

In corporation with Colombian civil society organizations, the Oidhaco network has produced a factsheet where data concerning women's rights as well as practical instruments can be found.

%I Peace Women %G eng %U http://www.peacewomen.org/content/oidhaco-fact-sheet-womens-rights-colombia %0 Report %D 2013 %T Rape Victims as Criminals - Illegal Abortion after Rape in Ecuador %X

https://www.hrw.org/report/2013/08/23/rape-victims-criminals/illegal-abortion-after-rape-ecuador

Ecuadorian law imposes prison terms ranging from one to five years for women and girls who receive abortions. Medical professionals who provide them are subject to harsher penalties. The criminal code provides for only three exceptions to criminal punishment:

  1. in the case of a threat to the life of a pregnant woman, when the danger cannot be averted by other means
  2. in the case of a threat to the health of a pregnant woman, when the danger cannot be averted by other means or 
  3. when the pregnancy is the result of a rape or statutory rape of a woman who is an “idiot or demented.” Ecuador’s laws do not allow other women or girls to seek abortion in the case of rape, this despite the fact that a 2011 nationwide government survey estimated that one out of four Ecuadorian women has been a victim of sexual violence.
%B hrw.org %I Human Rights Watch %G eng %U https://www.hrw.org/report/2013/08/23/rape-victims-criminals/illegal-abortion-after-rape-ecuador %0 Report %D 2013 %T UN Warns of Rise in Human Trafficking Within Colombia %A Miriam Wells %X

http://www.insightcrime.org/news-briefs/un-warns-growing-human-trafficking-colombia?highlight=WyJjb2xvbWJpYSIsImNvbG9tYmlhJ3MiLCJjb2xvbWJpYSciLCInY29sb21iaWEiLCJ0cmFmZmlja2luZyIsInRyYWZmaWNraW5nJyIsIid0cmFmZmlja2luZyIsInRyYWZmaWNraW5nJ3MiLCJ1biIsInVuJ3MiLCIndW4iLCJ3YXJucyIsImNvbG9tYmlhIHRyYWZmaWNraW5nIiwidW4gd2FybnMiXQ==

The problem of internal human trafficking in Colombia is worsening, according to the United Nations (UN) and Colombian officials, highlighting a lack of government attention to the domestic aspect of the trade.

%B In Sight Crime %I In Sight Crime %G eng %U http://www.insightcrime.org/news-briefs/un-warns-growing-human-trafficking-colombia?highlight=WyJjb2xvbWJpYSIsImNvbG9tYmlhJ3MiLCJjb2xvbWJpYSciLCInY29sb21iaWEiLCJ0cmFmZmlja2luZyIsInRyYWZmaWNraW5nJyIsIid0cmFmZmlja2luZyIsInRyYWZmaWNraW5nJ3MiLCJ1biIsInVuJ3MiL %0 Report %D 2013 %T Lithuanian Foreign Minister signs Council of Europe's convention on violence against women %A Juliaus Kalinsko %X

http://www.15min.lt/en/article/politics/lithuanian-foreign-minister-signs-council-of-europe-s-convention-on-violence-against-women-526-342953

Lithuania's Foreign Minister Linas Linkevičius has signed the Council of Europe's Convention on Preventing and Combating Violence against Women and Domestic Violence, also known as the Istanbul Convention, which has drawn controversial reactions in the Baltic states.

%B 15min.lt %G eng %U http://www.15min.lt/en/article/politics/lithuanian-foreign-minister-signs-council-of-europe-s-convention-on-violence-against-women-526-342953 %0 Report %D 2013 %T Violence Against Women Human Rights Defenders: Summary Findings 2012 %X

https://www.justassociates.org/en/resources/violence-against-women-human-rights-defenders-summary-findings-2012

Thousands of Women Human Rights Defenders (WHRDs) are currently at risk in Mexico and Central America. To address the widespread violence, the Mesoamerican Women Human Rights Defenders Initiative (IM–Defensoras) was formed in 2010 with and for frontline women activists who are facing threats, intimidation, and attacks for defending justice and human rights.

IM–Defensoras currently works with over 300 women defending rights and their organizations to provide activists with the resources and support needed to address security concerns and strengthen and sustain their activism over the long-term.

The network is a key source for data and analysis on violence against WHRDs from a gender perspective, and can rapidly mobilize network members and influential allies for strategic engagement with governments and international human rights organizations. 

%B JASS - Just Associates %I JASS - Just Associates %P 39 %G eng %U https://www.justassociates.org/en/resources/violence-against-women-human-rights-defenders-summary-findings-2012 %0 Journal Article %J Nueva tribuna %D 2013 %T Altos niveles de violencia contra la mujer en Latinoamerica y Caribe %X

http://www.nuevatribuna.es/articulo/america-latina/altos-niveles-de-violencia-contra-la-mujer-en-america-latina-y-el-caribe/20130305153510089255.html

Según la Organización Panamericana de la Salud, los niveles de violencia contra la mujer afectan entre el 17% a 53% de las mujeres en cada país de la región.

El Secretariado Permanente de la Red Latinoamericana y del Caribe para la Democracia (RedLad) alerta sobre los altos niveles de violencia contra la mujer persistentes en América Latina. Según la Organización Panamericana de la Salud, los niveles de violencia contra la mujer afectan de entre 17% a 53% de la población de mujeres en cada país de la región.

%B Nueva tribuna %G eng %U http://www.nuevatribuna.es/articulo/america-latina/altos-niveles-de-violencia-contra-la-mujer-en-america-latina-y-el-caribe/20130305153510089255.html %0 Report %D 2013 %T Those Who Take Us Away - Abusive Policing and Failures in Protection of Indigenous Women and Girls in Northern British Columbia, Canada %X

https://www.hrw.org/report/2013/02/13/those-who-take-us-away/abusive-policing-and-failures-protection-indigenous-women

The province of British Columbia has been particularly badly affected by violence against indigenous women and girls and by the failure of Canadian law enforcement authorities to deal with the phenomenon. Cutting through the small communities policed by the Royal Canadian Mounted Police (RCMP) in northern BC is the Highway of Tears, a 724-kilometer stretch of road which has become infamous for the dozens of women and girls who have gone missing or been murdered in its vicinity. 

The high rates of violence against indigenous women and girls have drawn widespread expressions of concern from national and international human rights authorities, which have repeatedly called for Canada to address the problem. But these calls for action have not produced sufficient change and indigenous women and girls continue to go missing or be murdered in unacceptably large numbers.

%B hrw.org %I Human Rights Watch %G eng %U https://www.hrw.org/report/2013/02/13/those-who-take-us-away/abusive-policing-and-failures-protection-indigenous-women %0 Report %D 2013 %T A Life Free of Violence: Unleashing the Power of Women's Empowerment and Gender Equality - UNIFEM Strategy 2008-2013 %X

http://www.unwomen.org/en/digital-library/publications/2010/1/ending-violence-against-women-and-girls-unifem-strategy-and-information-kit

Can be found under the 'View Online' portion of the site

Ending violence against women is at the heart of the mandate of the United Nations Development Fund for Women (UNIFEM). The international community has an unprecedented opportunity to make meaningful progress in tackling this universal human rights violation. Within this context, UNIFEM has developed its Strategy 2008-2013 to end violence against women and girls, an overview of which is presented here. 

%B UN Women %I UNIFEM %G eng %U http://www.unwomen.org/en/digital-library/publications/2010/1/ending-violence-against-women-and-girls-unifem-strategy-and-information-kit %0 Web Page %D 2013 %T Bolivia enfrentará con dura ley la impunidad en los crímenes contra mujeres %X

http://www.larepublica.ec/blog/internacional/2013/02/15/bolivia-enfrentara-con-dura-ley-la-impunidad-en-los-crimenes-contra-mujeres/

La Paz, 15 feb (EFE).- Bolivia ha asumido el reto de frenar la hasta ahora reinante impunidad en los crímenes contra las mujeres con una ley que castigará con dureza la violencia machista, tras el asesinato esta semana de una periodista a manos de su esposo policía.

%B La República EC %G eng %U http://www.larepublica.ec/blog/internacional/2013/02/15/bolivia-enfrentara-con-dura-ley-la-impunidad-en-los-crimenes-contra-mujeres/ %0 Government Document %D 2013 %T Factsheet: Violence Against Women %X

http://www.echr.coe.int/sites/search_eng/pages/search.aspx#{"fulltext":["factsheet: Violence against women"],"subcategory":["factsheets"]}

Document summaries the court’s case law in relation to domestic violence, genital mutilations, rape, violence and social exclusion, violence at the hands of state authorities and violence in public places.

12 cases dealing with domestic violence refer to the violation of different articles of the European Convention of human rights, namely of the article 2 on the right to life, article 13 on the right to an effective remedy, article 8 on the right to respect for family life, prohibition of inhuman or degrading treatment and article 14 on prohibition of discrimination. Both cases relating genital mutilation against Austria and Ireland were declared inadmissible for the reasons of insufficient protection of the young Nigerian girls that should be provided by their parents. 5 cases dealing with rape reaffirmed the violation of articles 3 on the prohibition of inhuman or degrading treatment or punishment, article 8 and artcile 13 mentioned above. The case of violence and social exclusion confirmed violation of the article 3 whereas the violence at the hands of state authorities brought forward violation of the article 3, artcile 14 and article 11 on freedom of assembly. The last case presented in the factsheet deals with the violence in public places giving declaring the violation of the article 3 and article 8.

%B European Court of Human Rights %G eng %U http://www.echr.coe.int/sites/search_eng/pages/search.aspx#{"fulltext":["factsheet: Violence against women"],"subcategory":["factsheets"]} %0 Report %D 2013 %T The Gap in the Gender Gap: Violence Against Women in Canada %A Kate McInturff %X

https://www.policyalternatives.ca/publications/reports/gap-gender-gap

This study finds that progress on ending violence against women in Canada is stalled by the absence of a coherent national policy and consistent information about the levels of that violence. The study estimates the combined cost of adult sexual assault and intimate partner violence in Canada, and also makes several recommendations on how to improve the situation. 

%I Canadian Centre for Policy Alternatives %G eng %U https://www.policyalternatives.ca/publications/reports/gap-gender-gap %0 Report %D 2013 %T Hate Crimes: A Rape Every Minute, a Thousand Corpses Every Year %A Rebecca Solnit %X

http://www.alternet.org/gender/hate-crimes-rape-every-minute-thousand-corpses-every-year

Here in the United States, where there is a reported rape every 6.2 minutes, and one in five women will be raped in her lifetime, the rape and gruesome murder of a young woman on a bus in New Delhi on December 16th was treated as an exceptional incident. The story of the alleged rape of an unconscious teenager by members of the Steubenville High School football team was still unfolding, and gang rapes aren’t that unusual here either. Take your pick: some of the 20 men who gang-raped an 11-year-old in Cleveland, Texas, were sentenced in November, while the instigator of the gang rape of a 16-year-old in Richmond, California, was sentenced in October, and four men who gang-raped a 15-year-old near New Orleans were sentenced in April, though the six men who gang-raped a 14-year-old in Chicago last fall are still at large.  Not that I actually went out looking for incidents: they’re everywhere in the news, though no one adds them up and indicates that there might actually be a pattern.

%I Tom Dispatch %G eng %U http://www.alternet.org/gender/hate-crimes-rape-every-minute-thousand-corpses-every-year %0 Report %D 2013 %T VAWA 2013 and Tribal Jurisdiction Over Crimes of Domestic Violence %X

http://www.justice.gov/tribal/violence-against-women-act-vawa-reauthorization-2013-0

Congress recently passed the Violence Against Women Reauthorization Act of 2013, or “VAWA 2013.”  This new law includes significant provisions addressing tribal jurisdiction over perpetrators of domestic violence. These tribal provisions were proposed by the Justice Department in 2011.

%I Department of Justice %G eng %U http://www.justice.gov/tribal/violence-against-women-act-vawa-reauthorization-2013-0 %0 Report %D 2013 %T Claiming Rights: Domestic Workers’ Movements and Global Advances for Labor Reform %A Matthew Rullo %A Nisha Varia %X

https://www.hrw.org/report/2013/10/27/claiming-rights/domestic-workers-movements-and-global-advances-labor-reform

On September 5, 2013, the ILO Convention Concerning Decent Work for Domestic Workers (Domestic Workers Convention or C189) entered into legal force. This groundbreaking new treaty and its accompanying Recommendation (No. 201) establish the first global standards for the more than 50 million domestic workers worldwide—the majority of whom are women and girls, and many of whom are migrants—who clean, cook, and care for children and elderly in private households.

The Domestic Workers Convention provides desperately needed and long overdue protections for domestic workers and represents a significant breakthrough in human rights, including labor rights, women’s rights, and children’s rights. Despite the critical role that domestic workers play in providing key care services to households— including cooking, cleaning, child care, and elder care—they have been routinely excluded from standard labor protections. According to the ILO, almost 30 percent of the world’s domestic workers are employed in countries where they are completely excluded from national labor laws.

%I Human Rights Watch, The International Trade Union Confederation, and The International Domestic Workers' Network %G eng %U https://www.hrw.org/report/2013/10/27/claiming-rights/domestic-workers-movements-and-global-advances-labor-reform %0 Report %D 2013 %T Measuring violence against women: Statistical trends %E Maire Sinha %X

http://www.statcan.gc.ca/pub/85-002-x/2013001/article/11766-eng.htm

For the past three decades, Federal-Provincial-Territorial (FPT) Ministers responsible for the Status of Women have shared a common vision to end violence against women in all its forms. Violence against women inCanada is a serious, pervasive problem that crosses every social boundary and affects communities across the country. It remains a significant barrier to women's equality and has devastating impacts on the lives of women, children, families and Canadian society as a whole.

This report marks the third time that the FPT Status of Women Forum has worked with Statistics Canada to add to the body of evidence on gender-based violence. Assessing Violence Against Women: A Statistical Profile was released in 2002 and was followed by Measuring Violence Against Women: Statistical Trends 2006. The 2006 report expanded the analysis into new areas, presenting information on Aboriginal women and women living in Canada's territories. The current report maintains this important focus and also includes information on dating violence, violence against girls and violence that occurs outside of the intimate partner/family context. It also shows trends over time and provides data at national, provincial/territorial, and census metropolitan area levels. A study on the economic impacts of one form of violence against women, spousal violence, is also presented.

%I Canadian Centre for Justice Statistics %G eng %U http://www.statcan.gc.ca/pub/85-002-x/2013001/article/11766-eng.htm %0 Report %D 2013 %T A Revolution for All: Women’s Rights in the New Libya %X

http://www.hrw.org/reports/2013/05/27/revolution-all

This 40-page report highlights key steps that Libya should take to meet its international obligations by firmly rejecting gender-based discrimination in both law and practice. The report calls on Libya’s parliament, the General National Congress (GNC), to ensure that women are involved on equal terms with men in the entire constitution drafting process, including active participation in the Constituent Assembly tasked with preparing the draft.

%I Human Rights Watch %G eng %U http://www.hrw.org/reports/2013/05/27/revolution-all %0 Report %D 2013 %T Women in Democratic Transitions in the MENA Region %X

http://www.wilsoncenter.org/publication/women-democratic-transitions-the-mena-region

The Rabat Conference in November 2012 was hosted by the Moroccan Ministry of the Interior in partnership with the Global Women’s Leadership Initiative at the Woodrow Wilson International Center for Scholars and the Wellesley Centers for Women with support from Lynn and Bob Johnston. UN Women, UNDP, and the International Republican Institute provided valuable collaboration.

This conference took place at a pivotal moment in the political transformations in the MENA region and brought together parliamentarians, ministers, judges, local government officials, public servants, and civil society leaders to strategize on the role of women’s leadership in democracy building, transitional justice, and the rule of law. This publication brings together a few of the conference papers and provides important insights into women’s critical role in transitional justice processes.

%I Global Women’s Leadership Initiative at the Woodrow Wilson International Center for Scholars, Wellesley Centers for Women, UN Women, UNDP, and the International Republican Institute %C Rabat %G eng %U http://www.wilsoncenter.org/publication/women-democratic-transitions-the-mena-region %0 Report %D 2013 %T Preventing and Responding to Domestic Violence in China through a Multi-sectoral Approach %A Fiona Bayat %X

http://mptf.undp.org/document/search?fund=WAV00&document_areas=fund,project&go=true

Please enter "Consolidated Report China" into the search engine in order to find this document.

The United Nations Trust Fund in Support of Actions to Eliminate Violence against Women (UN Trust Fund to EVAW) is a leading multilateral grant-making mechanism devoted to supporting national and local efforts to end violence against women and girls. Established in 1996 by a UN General Assembly Resolution, the UN Trust Fund to EVAW is now administered by UN WOMEN. In 2008, the UN Trust Fund to EVAW began awarding grants on a competitive basis for Joint Programmes submitted by UN Country Teams. 

%I United Nations Development Group %G eng %U http://mptf.undp.org/document/search?fund=WAV00&document_areas=fund,project&go=true %0 Journal Article %J Netherlands Quarterly of Human Rights %D 2013 %T Developing Regional Abortion Jurisprudence: Comparative Lessons for African Charter Organs %A Charles Ngwena %X

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2285577

This article is constructed around an appraisal of the decision of the European Court of Human Rights in A, B and C v. Ireland. It seeks to extrapolate comparative lessons for African Charter organs for the development of regional jurisprudence on abortion. It is argued that the A, B and C decision offers positive as well as negative lessons. The positive lessons lie in the holding of the European Court that at a procedural level, domestic abortion laws must be transparent in the sense of being formulated clearly and providing an administrative mechanism for review so as to enable women seeking abortion to exercise their rights effectively. The negative lessons lie in the continued reluctance of the European Court to resolutely affirm abortion rights as substantive rights.

%B Netherlands Quarterly of Human Rights %V 31 %G eng %U http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2285577 %N 1 %0 Report %D 2013 %T Journey to Equality Publication: 10 years of the Protocol on the Rights of Women in Africa %A Brenda Kombo %A Rainatou Sow %A Faiza Jama Mohamed %X

http://www.soawr.org/content/journey-equality-publication-10-years-protocol-rights-women-africa

In February 2006, when a 13 year-old Zambian school girl was raped by her teacher, the Protocol on the Rights of Women in Africa (the Protocol) was one of the tools that facilitated justice. R.M., the brave young girl who was under her aunt’s guardianship, sued the teacher, the school, Ministry of Education, and the Zambian Attorney General, citing Articles 4 and 12 of the Protocol (which Zambia ratified in May 2005) in addition to other international instruments in her submission to the High Court of Zambia. In June 2008, the High Court rendered a ruling in which Honorable Justice Phillip Musonda cited Article 4 of the Protocol, which elaborates “rights to life, integrity and security of the person”. In the judgment, the High Court referred the case to the Director of Public Prosecutions for criminal charges against the perpetrator, directed the Ministry of Education to take measures to protect students, and awarded significant compensation to R.M. This case, a prime example of women’s rights public interest litigation, attests to the potential of the Protocol to remedy violations and change lives. Nevertheless, the case is only one of a few well-known landmark cases using the Protocol at the national level. Currently, 36 of the 54 African Union (AU) Member States have ratified the Protocol and, as members of the Solidarity for African Women’s Rights Coalition (SOAWR) suggested in a 2004 publication, it is yet to fully become “a force for freedom”. 

%B Solidarity for Africa Women's Rights %G eng %U http://www.soawr.org/content/journey-equality-publication-10-years-protocol-rights-women-africa %0 Book %D 2013 %T Violence against Women under International Human Rights Law %A Alice Edwards %X

http://www.cambridge.org/US/academic/subjects/law/human-rights/violence-against-women-under-international-human-rights-law

*The full article is available through this link. This article may be available free of charge to those with university credentials.

Since the mid-1990s, increasing international attention has been paid to the issue of violence against women; however, there is still no explicit international human rights treaty prohibition on violence against women and the issue remains poorly defined and understood under international human rights law. Drawing on feminist theories of international law and human rights, this critical examination of the United Nations' legal approaches to violence against women analyses the merits of strategies which incorporate women's concerns of violence within existing human rights norms such as equality norms, the right to life, and the prohibition against torture. Although feminist strategies of inclusion have been necessary as well as symbolically powerful for women, the book argues that they also carry their own problems and limitations, prevent a more radical transformation of the human rights system and ultimately reinforce the unequal position of women under international law.

%I Cambridge University Press %C Cambridge %G eng %U http://www.cambridge.org/US/academic/subjects/law/human-rights/violence-against-women-under-international-human-rights-law %0 Chart or Table %D 2013 %T CEDAW Summary - At the Global Level - Draft %A Vidya Sri %X

The CEDAW Committee has attempted to fill in gaps with respect to violence against women and has directly addressed the obligations of the States parties under the Convention with respect to these issues, but such recommendations are not legally binding on the States parties. The following charts relating to the Convention’s language and implementation summarize some of the benefits and drawbacks of or gaps in the Convention on issues relating to violence against women.

%G eng %0 Government Document %D 2013 %T A Declaration of Commitment to End Sexual Violence in Conflict %X

https://www.gov.uk/government/publications/a-declaration-of-commitment-to-end-sexual-violence-in-conflict

The Declaration contains a set of practical and political commitments to end the use of rape and sexual violence as a weapon of war, which terrorises and destroys communities during conflict. The Declaration sends an important message to the victims of these crimes that the international community has not forgotten them, and to the perpetrators of rape that they will be held to account.

The Declaration was launched in New York on 24 September 2013 during the United Nations General Assembly, by Foreign Secretary William Hague and UN Special Representative on Sexual Violence in Conflict Zainab Bangura.

%B United Nations %G eng %U https://www.gov.uk/government/publications/a-declaration-of-commitment-to-end-sexual-violence-in-conflict %0 Report %D 2013 %T Voices from the Frontline: Addressing Forced Marriage Within the United States %A Vidya Sri %A Darakshan Raja %X

Voices from the Frontline explores the topic of forced marriage by presenting information from hundreds of questionnaires, stories of survivors of forced marriage and stakeholders, and moves us to confront the problem of forced marriage head on. Voices from the Frontline includes statistics, case studies, and experiences of frontline responders, advocates, activists, and the analysis to explode the myth of only gentle arrangements of marriage in our communities. Voices from the Frontline offers an understanding of forced marriage that is essential in anti-violence against women advocacy and activism. 

%I Gangashakti %G eng %0 Report %D 2013 %T Women in Colombia – Factsheet %X

http://www.oidhaco.org/?art=1593&lang=en

This document presents key data and figures can be found on the situation of women in Colombia as well as specific legislation and mechanisms protecting them. Recommendations are made to the international community. In Colombia, as in other countries, women suffer violence and discrimination in all aspects of their lives. In 2011, 70,134 cases of domestic violence against women were reported, as well as 18,982 cases of sexual violence – an increase of 11% when compared with 2010, and 130 cases of femicide. While progress has been made in the formal recognition of these crimes, the lack of implementation of norms and generalised impunity leads to worsening violence. Moreover, the armed conflict reproduces and deepens the discrimination and violence which women suffer on a daily basis. Sexual violence is still used as a weapon of war by different armed actors. And women are the main victims of forced displacement. Almost all of these crimes have gone unpunished. Likewise, women human rights defenders face greater risks because of their gender. And discrimination and inequality are still very common. In view of this situation, recommendations are made to the international community to contribute to put an end and remedy these violations.

%B oidhaco.org %I OIDHACO %G eng %U http://www.oidhaco.org/?art=1593&lang=enhttp://www.oidhaco.org/?art=1593&lang=en %0 Government Document %D 2013 %T 2013 Department of State Trafficking in Persons Country Narratives %X

http://www.state.gov/j/tip/rls/tiprpt/2013/index.htm

Remarks from John Kerry on the release of the report: Governments bear primary responsibility for responding to this crime, and this annual Report is the gold standard in assessing how well governments—including our own—are meeting that responsibility. This year, 188 countries and territories are included, and we have taken a hard look at one of the biggest problems we face in combating modern slavery: the challenge of accurate, effective victim identification. Only through vigorous victim identification can we ensure that trafficking survivors get the services they need, can participate in legal proceedings, and can have their voices heard.

%B US Department of State %G eng %U http://www.state.gov/j/tip/rls/tiprpt/2013/index.htm %0 Report %D 2013 %T The EU Rights of Victims of Trafficking in Human Beings %X

https://ec.europa.eu/anti-trafficking/eu-policy/eu-rights-victims-trafficking-now-available-all-european-languages_en

In order to better assist practitioners and authorities in the Member States to deliver the assistance and protection to victims, the European Commission publishes the document 'The EU rights of victims of trafficking' in all official EU languages.

The EU approach places the victim and its human rights at the centre of its coordinated, multidisciplinary action to work towards eradication of trafficking in human beings.

This document provides a practical and comprehensive overview of victims' rights based on the Charter of Fundamental Rights of the European Union, EU directives, framework decisions and European Court of Human Rights case law.

The overview will be used by victims and practitioners working in the field of trafficking in human beings and will contribute to the effective realisation of these rights by helping authorities in the Member States to deliver the assistance and protection that victims need and deserve. It does in no way constitute a binding interpretation of EU legislation. All rights need to be read within the context of the full legal provision and appropriate legislation.

%B European Commission %I European Union %C Belgium %G eng %U https://ec.europa.eu/anti-trafficking/eu-policy/eu-rights-victims-trafficking-now-available-all-european-languages_en %0 Report %D 2013 %T EWL Barometer on Rape in the EU 2013 %X

http://www.womenlobby.org/EWL-Barometer-on-Rape-in-Europe-2013

The European Women’s Lobby is pleased to unveil its 2013 Barometer on Rape in Europe.

Thanks to the work and expertise of the experts to the EWL Observatory on violence against women, the EWL has produced a strong policy document analysing the incidence of Rape in Europe.

The Barometer is a very important tool to get a European overview of national actions on violence against women and compare European countries with regards to their commitment to eradicate such violence.

 

%I European Women's Lobby %G eng %U http://www.womenlobby.org/EWL-Barometer-on-Rape-in-Europe-2013 %0 Report %D 2013 %T Femicide: A Global Issue that Demands Action %E Claire Laurent %E Michael Platzer %E Maria Idomir %X

http://acuns.org/femicide-a-global-issue-that-demands-action/

This publication also contains the first UN document to focus on gender-based killings, the 2012 report of the Special Rapporteur on violence against women, its causes and consequences, Rashida Manjoo, to the Human Rights Council. In response to the presentation of this report sixty four states issued a statement that member states “must exercise due diligence to prevent, investigate, prosecute and punish the perpetrators”.

The aim of this publication is to inform practitioners, Member State representatives, NGO workers, legislators, prosecutors and any other relevant actors who can contribute to putting an end to femicide. With this information about the diverse campaigns, we hope that efforts can be combined and strengthened to end this hideous crime once and for all.

%B Academic Council on the United Nations System %I Academic Council on the United Nations System (ACUNS) Vienna Liaison Office %G eng %U http://acuns.org/femicide-a-global-issue-that-demands-action/ %0 Report %D 2013 %T Review of the implementation of the Beijing Platform for Action in the EU Member States: Violence against women Victim support - Report %X

http://eige.europa.eu/rdc/eige-publications/violence-against-women-victim-support-report

Domestic violence against women remains one of the most pervasive human rights violations of our time, and one of the biggest global problems. In the EU, 9 out of 10 victims of intimate partner violence are women. It harms women, families, communities and society.

The EU is committed to combatting violence against women. This commitment is affirmed in the Women’s Charter (2010), the European Commission’s Strategy for Equality between Women and Men 2010−15 and the Stockholm Programme for 2010−14. However, domestic violence against women still remains widespread and under-reported.

The current report aims to support policymakers and all relevant institutions in their efforts to combat and prevent domestic violence, by providing them with reliable and comparable data and information for effective, evidence-based decisions and policy improvement.

%I European Institute for Gender Equality %G eng %U http://eige.europa.eu/rdc/eige-publications/violence-against-women-victim-support-report %0 Government Document %D 2013 %T Declaration Of The Committee Of Experts Of The MESECVI On The Celebration Of The Twentieth Anniversary Of The Adoption Of The Belém Do Pará Convention %X

http://www.oas.org/en/mesecvi/meetingofexperts.asp

Can be found under "Key Results" from the Tenth Meeting of the Committee of Experts

CONSIDERING that the year 2014 will mark twenty years since the adoption of the Belém do Pará Convention and ten years since the creation of the MESECVI by the General Assembly of the OAS and that this historic moment warrants broad reflection on the impact of the Convention for the States Party and the women of the hemisphere reiterates its commitment to support the efforts of OAS Member States and civil society to commemorate the twentieth anniversary of the adoption of the Belém do Pará Convention and the tenth anniversary of the creation of the MESECVI, which will include national and sub­regional forums and meetings for progress reports on implementation of the Belém do Pará Convention. 

%B Organization of American States %G eng %U http://www.oas.org/en/mesecvi/meetingofexperts.asp %0 Report %D 2013 %T Report of the Committee on Amendments to Criminal Law, 2013 %X

http://www.prsindia.org/parliamenttrack/report-summaries/justice-verma-committee-report-summary-2628/

Justice Verma Committee was constituted to recommend amendments to the Criminal Law so as to provide for quicker trial and enhanced punishment for criminals accused of committing sexual assault against women.  The Committee submitted its report on January 23, 2013.

 Background: On December 23, 2012 a three member Committee headed by Justice J.S. Verma, former Chief Justice of the Supreme Court, was constituted to recommend amendments to the Criminal Law so as to provide for quicker trial and enhanced punishment for criminals accused of committing sexual assault against women.  The other members on the Committee were Justice Leila Seth, former judge of the High Court and Gopal Subramanium, former Solicitor General of India. 

The Committee submitted its report on January 23, 2013.  It made recommendations on laws related to rape, sexual harassment, trafficking, child sexual abuse, medical examination of victims, police, electoral and educational reforms.  We summarise the key recommendations of the Committee. 

%B prsindia.org %I PRS Legislative Research %C New Delhi %8 01/25 %G eng %U http://www.prsindia.org/parliamenttrack/report-summaries/justice-verma-committee-report-summary-2628/ %0 Case %D 2013 %T Case of Mudric v. The Republic of Moldova %X

http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-122375#{"itemid":["001-122375"]}

1.  The case originated in an application (no. 74839/10) against the Republic of Moldova lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Moldovan national, Ms Lidia Mudric (“the applicant”), on 21 December 2010.

2.  The applicant, who had been granted legal aid, was represented by Ms D. Străisteanu, a lawyer practising in Chişinău. The Moldovan Government (“the Government”) were represented by their Agent, Mr V. Grosu.

3.  The applicant alleged, in particular, that the authorities had not discharged their positive obligations under Articles 3, 14 and 17 of the Convention to protect her from domestic violence and to punish her aggressor.

4.  On 18 March 2011 the application was communicated to the Government. It was also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 1).

5.  Third-party comments were received from the Equal Rights Trust, a non-governmental organisation based in London, the United Kingdom, which had been given leave by the President to intervene in the procedure (Article 36 § 2 of the Convention and Rule 44 § 2 of the Rules of Court). The Government replied to those comments (Rule 44 § 5).

%B European Court of Human Rights %I European Court of Human Rights %G eng %U http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-122375#{"itemid":["001-122375"]} %0 Legal Rule or Regulation %D 2013 %T Case of Valiuliene v. Lithuania %X

http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"fulltext":["Valiuliene%20v.%20Lithuania"],"documentcollectionid2":["GRANDCHAMBER","CHAMBER"]}

Facts – In February 2001 the applicant applied to a district court to bring a private prosecution after allegedly being beaten by her partner on five separate occasions in January and February 2001. In January 2002 the court forwarded her complaint to the public prosecutor, ordering him to start his own pre-trial criminal investigation; the applicant’s partner was then charged with systematically causing the applicant minor bodily harm. The investigation was twice halted by police investigators for lack of evidence, but on each occasion was reopened on appeal on the grounds that it had not been sufficiently thorough. The public prosecutor discontinued the investigation in June 2005 as a legislative reform in May 2003 meant that prosecutions in respect of minor bodily harm now had to be brought by the victim privately unless the case was of public interest or the victim could not protect her rights through a private prosecution. The district court upheld that decision. When the applicant lodged a new request to bring a private prosecution, this was refused without examination of the merits as the prosecution had become time-barred.

 

%I European Court of Human Rights %G eng %U http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"fulltext":["Valiuliene%20v.%20Lithuania"],"documentcollectionid2":["GRANDCHAMBER","CHAMBER"]} %0 Journal Article %J Journal of Gender, Social Policy & The Law %D 2013 %T The Duty to Ensure Human Rights and its Evolution in the Inter-American System: Comparing Maria da Penha v. Brazil With Jessica Lenahan (Gonzales) v. United States %A Patricia Tarre Moser %X

http://heinonline.org/HOL/LandingPage?handle=hein.journals/ajgsp21&div=20&id=&page=

*This full article is available through this link. This article may be available free of charge to those with university credentials.

First, this Article explains the facts and the Commission's legal analysis in Maria da Penha and Lenahan and briefly describes the different approach taken by the Commission in each case.

Second, this Article analyzes the evolution in the case law that led to the recognition that a State's failure to prevent and investigate could constitute a violation of substantive rights. Third, this Article examines the standard the Commission utilized in analyzing the duty to prevent in Lenahan and describes the theory of foreseeable risk, how it has been used, and the role it played in the Lenahan case. Finally, this Article discusses the theory of foreseeable risk, its application to cases of domestic violence, and the significance of this development in the jurisprudence of the Inter-American system.

This Article concludes that the recognition of substantive rights may be violated by the failure of the State to prevent and investigate, and that the use of the theory of foreseeable risk constitutes a significant step forward in clarifying the obligation of States to fight domestic violence. Finding a State responsible for failing to prevent, pursuant to the theory of foreseeable risk, implies that the State knew or ought to have known there was an imminent risk of domestic violence, and in the face of this foreseeable risk, the State failed to take action. This lack of prevention might be considered the equivalent of acquiescence pursuant to the definition of torture in the United Nations Convention Against Torture (UNCAT)." Consequently, this evolution could, and hopefully will, result in a recognition in the Inter-American System that in certain circumstances domestic violence constitutes torture.

%B Journal of Gender, Social Policy & The Law %V 21 %P 437-453 %G eng %U http://heinonline.org/HOL/LandingPage?handle=hein.journals/ajgsp21&div=20&id=&page= %N 2 %0 Report %D 2013 %T Report of the Special Rapporteur on violence against women, its causes and consequences, Rashida Manjoo - 14 May 2013 %A Rashida Manjoo %X

http://ap.ohchr.org/Documents/dpage_e.aspx?b=10&se=138&t=9

Report located in the second row of the fourth page - A/HRC/23/49

The present report addresses the topic of State responsibility for eliminating violence against women. As a general rule, State responsibility is based on acts or omissions committed either by State actors or by actors whose actions are attributable to the State. A longstanding exception to this rule is that a State may incur responsibility where there is a failure to exercise due diligence to prevent or respond to certain acts or omissions of non-State actors. The due diligence standard serves as a tool for rights holders to hold States accountable, by providing an assessment framework for ascertaining what constitutes effective fulfilment of a State’s obligations, and for analysing its actions or omissions. For due diligence to be satisfied, the formal framework established by the State must also be effective in practice.

%B United Nations, Office of the High Commissioner for Human Rights %I United Nations, Office of the High Commissioner for Human Rights %G eng %U http://ap.ohchr.org/Documents/dpage_e.aspx?b=10&se=138&t=9 %0 Report %D 2013 %T India: A heartless nation for women %A Meredith McBride %X

http://www.humanrights.asia/news/ahrc-news/AHRC-PAP-001-2013?searchterm=a+heartless+nation

Violence towards women prevents equality and hinders the personal security and dignity of individuals, contradicting Articles 1, 2, and 3 of the Universal Declaration of Human Rights. A governments' inability to protect the rights of half its citizens also hinders the state's economic growth. This issue has come to the forefront of international discussion as current events, namely the brutal attack on Ms. Y, a young physiotherapy student on a New Delhi bus, have focused the world's gaze to the severe issue of gender violence in India.

%I Asian Human Rights Commission %G eng %U http://www.humanrights.asia/news/ahrc-news/AHRC-PAP-001-2013?searchterm=a+heartless+nation %0 Report %D 2013 %T Pakistan: Domestic violence, including effectiveness of the Protection of Women (Criminal Laws Amendment) Act, 2006; state protection and services available to victims %X

http://irb-cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=454350

Sources indicate that domestic violence in Pakistan is a "serious problem" (US 24 May 2012, 1; Human Rights WatchJan. 2012). Sources report on several forms of domestic violence, including torture (US 24 May 2012, 42; WEWA 18 Dec. 2012), forced marriages (ibid. 9 Dec. 2012; AHRC 25 Nov. 2011), physical disfigurement (US 24 May 2012, 42), amputation (HRCP 2012, 166), the denial of food (AHRC 25 Nov. 2011), rape (ibid.; WEWA 9 Dec, 2012), and shaving hair and eyebrows (US 24 May 2012, 42).

The Asian Human Rights Commission (AHRC) indicates that perpetrators of domestic violence can be the victim's husband, or men or women in the victim's family or her husband's family (25 Nov. 2011). The US Department of State Country Reports on Human Rights Practices for 2011 states that in-laws have abused and harassed the wives of their sons (US 24 May 2012, 43).

The AHRC states that victims are often stigmatized and blamed for the gender-based violence that they have experienced, and have often been labelled as the "false accuser" (2012, Sec. J.3). The AHRC adds that when a woman is beaten, society portrays it as being because the woman cannot take care of her husband's needs (25 Nov. 2011). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

%I Immigration and Refugee Board of Canada %G eng %U http://irb-cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=454350 %0 Report %D 2013 %T Papua New Guinea - Report of the Special Rapporteur on violence against women, its causes and consequences, Rashida Manjoo %A Rashida Manjoo %X

http://www.ohchr.org/EN/Issues/Women/SRWomen/Pages/CountryVisits.aspx

Find this report under "Papua New Guinea (March 2012);" Report Symbol Number: A/HRC/23/49/Add.2

The present report contains the findings of the Special Rapporteur on violence against women, its causes and consequences, following her visit to Papua New Guinea. The Special Rapporteur examines the situation of violence against women in the country, including violence that is perpetrated within the family and the community; violence occurring in institutional settings; and violence related to the development of the country's extractive industries. She discusses the State's legislative and institutional responses to such violence, and provides recommendations. 

%B United Nations Human Rights %I Office of the High Commissioner for Human Rights %G eng %U http://www.ohchr.org/EN/Issues/Women/SRWomen/Pages/CountryVisits.aspx %0 Report %D 2013 %T Solomon Islands - Report of the Special Rapporteur on violence against women, its causes and consequences, Rashida Manjoo %A Rashida Manjoo %X

http://www.ohchr.org/EN/Issues/Women/SRWomen/Pages/CountryVisits.aspx

Find this report under "Solomon Islands (March 2012);" Report Symbol Number: A/HRC/23/49/Add.1

In the present report, the Special Rapporteur on violence against women, its causes and consequences, examines the situation of violence against women in Solomon Islands. including violence perpetrated within the family and the community, violence perpetrated between 1998 and 2003 (during the tensions”) and violence relating to the development of extractive industries. She also examines the State’s legislative and institutional responses to such violence, and makes recommendations thereon. 

%B United Nations Human Rights %I Office of the High Commissioner on Human Rights %G eng %U http://www.ohchr.org/EN/Issues/Women/SRWomen/Pages/CountryVisits.aspx %0 Report %D 2013 %T Study on International Activities in the Field of Data Collection on Gender Based Violence Across the EU %A Elina Kervinen %A Markku Heiskanen %X

http://eige.europa.eu/node/356

The report first summarises the policy framework on combating gender-based violence in the European Union, the United Nations and the Council of Europe.

Secondly, the findings of the study are presented organisation by organisation. Past as well as on-going activities will be discussed, after which future plans will be explored. Finally, the main findings will be discussed.

%B European Institute for Gender Equality %I European Institute for Gender Equality %G eng %U http://eige.europa.eu/node/356 %0 Report %D 2013 %T Bangladesh: Justice System Compounds Violence Against Women %X

http://www.humanrights.asia/news/ahrc-news/AHRC-STM-095-2013/?searchterm=bangladesh%20collapsed%20criminal%20justice

Bangladesh has been ruled alternately by two women for more than two decades. Both the Prime Minister and the Leader of the Opposition are women, and the posts have been held by women since the 1990s. The country's parliament has more than sixty female members and several of them are members of the cabinet. There are a considerable number of women serving in the civil service, judiciary, police, military and local government institutions today. The mere fact that there are a considerable number of woman employed in these institutions is used by the government to create a false impression that women are empowered in the country.

The fact that there are an increasing number of women participating in administrative, political, and financial sectors, in comparison to the same picture two decades ago, sometimes helps certain segments of the country to make such claims. The fundamental points relating to women's right to enjoy their fullest dignity as human beings and their right to protection from all forms of violence are often ignored, if not totally forgotten. Women face a spree of violence against them in Bangladesh, where the society struggles to consider the women as deserving equal dignity as what the men enjoy. The lives of women are not secure in the society.

%I Asian Human Rights Commission %G eng %U http://www.humanrights.asia/news/ahrc-news/AHRC-STM-095-2013/?searchterm=bangladesh%20collapsed%20criminal%20justice %0 Legal Rule or Regulation %D 2013 %T Case of B v. The Republic of Moldova %X

http://hudoc.echr.coe.int/eng?i=001-122372

1. The case originated in an application (no. 61382/09) against the Republic of Moldova lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by three Moldovan nationals, Ms O. B., Mr V. B. and Mr I. B. (“the applicants”), on 19 November 2009.

2. The applicants were represented by Mr A. Bivol, a lawyer practising in Chişinău. The Moldovan Government (“the Government”) were represented by their Agent, Mr V. Grosu.

3. The applicants alleged, in particular, that Mrs O. B. (‘the first applicant’) had been subjected to violence from her ex-husband and that the other applicants had witnessed such violence and been affected by it, while the State authorities had done little to stop such violence and prevent it from happening again. 

%I European Court of Human Rights %G eng %U http://hudoc.echr.coe.int/eng?i=001-122372 %0 Legal Rule or Regulation %D 2013 %T Case of Eremia v. The Republic of Moldova %X

http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"fulltext":["Eremia%20v.%20The%20Republic%20of%20Moldova"],"documentcollectionid2":["GRANDCHAMBER","CHAMBER"]}

In the decision Eremia and Others v. the Republic of Moldova, the European Court of Human Rights held that the Republic of Moldova has violated Articles 3, 8 and Article 14 in conjunction with Article 3 of the European Convention of Human Rights for failing to prevent a husband (working as a police officer) from repeatedly beating his wife in front of their two teenage daughters. The applicants in this case were three Moldovan national women; the first applicant, Lilia Eremia, and her two daughters (second and third applicants, Doina and Mariana Eremia). The mother was repeatedly beaten by her husband, a police officer, in front of their two daughters. In addition to the physical and mental suffering of the mother, the two girls’ psychological well-being was adversely affected. 

The facts: 
On the first applicant’s request, a protection order had been issued against the violent husband, who did however not respect the order. Finally, the Moldovan Courts stood on the husband’s side by upholding his appeal and partly revoking the protection order.  The first applicant had filed a criminal complaint and had claimed that she has been pressured by other police officers to withdraw the complaint. Although a criminal investigation had been finally launched, and substantive evidence of the husband’s guilt has been found, the prosecutor decided to suspend the investigation for one year subject to the condition that the investigation would be reopened if the husband committed another offence during that time. The prosecutor based his decision on the consideration that, the husband had committed “a less serious offence” and “did not represent a danger to society.”

%I European Court of Human Rights %G eng %U http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"fulltext":["Eremia%20v.%20The%20Republic%20of%20Moldova"],"documentcollectionid2":["GRANDCHAMBER","CHAMBER"]} %0 Conference Paper %B Institue at China Women's University %D 2013 %T Draft Curriculum: Institute at China Women's University %A Rangita de Alwis %X

http://womeninpublicservice.wilsoncenter.org/institutes-and-programs/institutes/china-womens-university-july-2013/

Institute Handbook

The China Women’s University Institute is supported by a three year grant by the Ford Foundation and addresses the challenges and barriers to women’s public service in China. The Institute will provide a toolbox to address those challenges. The first Institute will take place July 23-29, 2013 with subsequent Institutes planned for the summer of 2014 and 2015. According to the China Women’s University, “This Project will provide a high profile training which would genuinely engage women from China Women’s University and other universities.” The China Women’s University is the sole institution for higher learning accredited by the Ministry of Education that is for women only. The training in  2014 and 2015 will also bring together 20 students from outside of Beijing including students from Hunan University and Shandong University. The curriculum was developed by the WPSP Director in close consultation with faculty from China Women’s University, as well as gender and law experts in China.

%B Institue at China Women's University %I Woodrow Wilson International Center for Scholars %G eng %U http://womeninpublicservice.wilsoncenter.org/institutes-and-programs/institutes/china-womens-university-july-2013/ %0 Report %D 2013 %T Global and Regional Estimates of Violence against Women: Prevalence and Health Effects of Intimate Partner Violence and Non-Partner Sexual Violence %X

http://www.who.int/reproductivehealth/publications/violence/9789241564625/en/

The report presents the first global systematic review of scientific data on the prevalence of two forms of violence against women: violence by an intimate partner (intimate partner violence) and sexual violence by someone other than a partner (non-partner sexual violence). It shows, for the first time, global and regional estimates of the prevalence of these two forms of violence, using data from around the world. Previous reporting on violence against women has not differentiated between partner and non-partner violence.

%B World Health Organization %I World Health Organization, Department of Reproductive Health and Research, London School of Hygiene and Tropical Medicine, South African Medical Research Council %G eng %U http://www.who.int/reproductivehealth/publications/violence/9789241564625/en/ %0 Government Document %D 2013 %T CEDAW General Recommendation No. 29 - 2013 - Marriage & Family Relations %A CEDAW %X

http://www.ohchr.org/EN/HRBodies/CEDAW/Pages/Recommendations.aspx

Article 16 of the Convention provides for the elimination of discrimination against women at the inception of marriage, during marriage and at its dissolution by divorce or death. In 1994 the Committee on the Elimination of Discrimination against Women adopted general recommendation No. 21, which elaborated upon many aspects of article 16 as well as its relationship to articles 9 and 15. General recommendation No. 21 notes that article 16 (1) (h) specifically refers to the economic dimensions of marriage and its dissolution. This new general recommendation builds upon principles articulated in general recommendation No. 21, other relevant general recommendations such as No. 27, and the Committee‟s jurisprudence. It invokes the definition of discrimination contained in article 1 of the Convention and calls upon States parties to take legal and policy measures as required under article 2 of the Convention and general recommendation No. 28. It also integrates social and legal developments that took place since the adoption of GR 21, such as the adoption by some State parties of laws on registered partnerships and/or de facto unions, as well as the increase in the number of couples living in such relationships. 

%B C/GC/29 %G eng %U http://www.ohchr.org/EN/HRBodies/CEDAW/Pages/Recommendations.aspx %0 Newspaper Article %B South China Morning Post %D 2013 %T Domestic violence categories under fire %A Johnny Tam %X

http://www.scmp.com/news/hong-kong/article/1292868/domestic-violence-categories-under-fire

The police system for classifying domestic violence cases may be abetting family tragedies rather than preventing them, a women's group says. Association for the Survivors of Women Abuse said yesterday the police categories of "domestic violence" - which warrants urgent follow-up - and "domestic incident" - which doesn't - meant many marginal cases were being ignored.

%B South China Morning Post %8 30 July, 2013 %G eng %U http://www.scmp.com/news/hong-kong/article/1292868/domestic-violence-categories-under-fire %0 Web Page %D 2013 %T UN survey of 10,000 men in Asia and the Pacific reveals why some men use violence against women and girls %X

http://www.undp.org/content/undp/en/home/presscenter/pressreleases/2013/09/10/un-survey-of-10-000-men-in-asia-and-the-pacific-reveals-why-some-men-use-violence-against-women-and-girls-.html

A UN study of 10,000 men in Asia and the Pacific, released today, 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 studied.  Nearly a quarter of men interviewed reported perpetrating rape against a woman or girl, ranging from 10 percent to 62 percent across the sites.  

%B United Nations Development Programme %G eng %U http://www.undp.org/content/undp/en/home/presscenter/pressreleases/2013/09/10/un-survey-of-10-000-men-in-asia-and-the-pacific-reveals-why-some-men-use-violence-against-women-and-girls-.html %0 Report %D 2013 %T Domestic Violence Legislation and its Implementation: An Analysis for ASEAN Countries Based on International Standards and Good Practices %X

http://asiapacific.unwomen.org/en/digital-library/publications/2015/03/domestic-violence-cedaw-legislation-and-its-implementation

The issue of domestic violence has emerged as one of the primary public policy concerns in countries around the world. Countries in the ASEAN region have embarked on important initiatives in order to address the issue of domestic violence. It is in this context that sharing “good practices” and discussing comparative perspectives from initiatives around the world has provided recommendations and a template for developing common regional standards, reiterating that there is no impunity for violence.

%I UN Women %G eng %U http://asiapacific.unwomen.org/en/digital-library/publications/2015/03/domestic-violence-cedaw-legislation-and-its-implementation %0 Report %D 2013 %T 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 %A Emma Fulu %A Xian Warner %A Stephanie Miedema %A Rachel Jewkes %A Tim Roselli %A James Lang %X

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

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.

%I Partners for Prevention %G eng %U http://www.partners4prevention.org/about-prevention/research/men-and-violence-study %0 Report %D 2013 %T Policing just outcomes: improving the police response to adults reporting sexual assault %A S. Caroline Taylor %X

http://apo.org.au/node/34661

The prevalence of sexual assault and its consequent harm to both individual victims and society as a whole has now been widely researched, documented and recognised in Western jurisdictions for generations. In particular, policing of this gendered crime has been the subject of many research endeavours and police organisations have increasingly opened their doors to academics and other researchers in pursuit of evidence-based knowledge that will assist them to enhance their training, investigations and Brief preparations in this respect. Victoria Police has been among the foresighted police organisations in this regard over the past several years.

%B Australian Policy Online %I Social Justice Resource Centre %C Victoria %G eng %U http://apo.org.au/node/34661 %0 Report %D 2013 %T Countries Work to Monitor and Implement Laws on Violence Against Women and Girls %A Jina Sargizova %X

http://www.stopvaw.org/Expert_s_Corner.html#Violence+Against+Women+Around+the+World

As part of The Advocates for Human Rights' work in creating the section on Developing Legislation on Violence against Women and Girls for UNIFEM’s new website, the Global Centre to End Violence against Women and Girls (http://endvawnow.org), we recently asked our colleagues from around the world to share information on projects on advocacy, monitoring and implementation of laws on violence against women and girls that have worked well in their countries. In the next several VAW Monitors, The Advocates will highlight some of the responses we received. We thank all who sent us examples of their work. The scope of the work that dedicated activists accomplish each year to end violence against women is truly inspiring!

%B StopVAW.org %I UNFPA %G eng %U http://www.stopvaw.org/Expert_s_Corner.html#Violence+Against+Women+Around+the+World %0 Report %D 2013 %T Female Genital Mutilation/Cutting: A statistical overview and exploration of the dynamics of change %X

http://www.unicef.org/publications/index_69875.html

A new report from UNICEF analyses prevalence and trends in female genital mutilation/cutting in 29 countries. Drawing on data from more than 70 nationally representative surveys over a 20-year period, the report finds that the practice has declined in a number of countries. Other important changes are under way.

%B unicef.org %I UNICEF %G eng %U http://www.unicef.org/publications/index_69875.html %0 Report %D 2013 %T The Global Gender Gap Report 2013 %X

http://reports.weforum.org/global-gender-gap-report-2013/

The Global Gender Gap Index seeks to measure one important aspect of gender equality: the relative gaps between women and men, across a large set of countries and across the four key areas of health, education, economy and politics.

%B World Economic Forum %I World Economic Forum %G eng %U http://reports.weforum.org/global-gender-gap-report-2013/ %0 Government Document %D 2013 %T AHRD Book Launch Remarks – Chair of the AICHR %X

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.

%B Association of Southeast Asian Nations %G eng %U http://aichr.org/documents/ %0 Conference Paper %B Panel Discussion on the ASEAN Community Building %D 2013 %T ASEAN Day Panel Discussion - Presentation of Amb. I Gede Ngurah Swajaya %A Ngurah Swajaya %X

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.

%B Panel Discussion on the ASEAN Community Building %C Jakarta, Indonesia %G eng %U http://aichr.org/documents/ %0 Government Document %D 2013 %T ASEAN Declaration on Strengthening Social Protection %X

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.

%B Association of South East Asian Nations %G eng %U http://aichr.org/documents/ %0 Report %D 2013 %T Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women %X

http://www.unwomen.org/en/digital-library/publications/2013/5/breaking-the-silence-on-violence-against-indigenous-girls#view

The study, the first of its kind, reviews existing quantitative and qualitative data on the prevalence and incidence of the types of violence which have already been documented in relation to these groups in Africa, Asia and Latin America. Three countries were selected, one per region, to illustrate the findings. For Latin America, Guatemala was selected for the study to benefit from its widely documented experience as a post-conflict country and for its on-going legislative and institutional reforms aimed at addressing issues such as femicide and sexual violence among indigenous women and girls. For Africa, Kenya was chosen, given available evidence on the prevalence of female genital mutilation/cutting among indigenous communities and promising legislative developments in this field. Finally, in the Asia-Pacific region, the Philippines was selected because of the involvement of girls and adolescents in armed conflict in the predominantly indigenous area of Mindanao and accompanying initiatives to address this situation. 

%B UN Women %I UN Women, United Nations Children’s Fund (UNICEF), the United Nations Population Fund (UNFPA), the International Labour Organization (ILO) and the Office of the Special Representative of the Secretary-General on Violence against Children (OSRSG/VAC) %G eng %U http://www.unwomen.org/en/digital-library/publications/2013/5/breaking-the-silence-on-violence-against-indigenous-girls#view %0 Government Document %D 2013 %T The Declaration on the Elimination of Violence Against Women and Elimination of Violence Against Children in ASEAN %X

http://aichr.org/documents/

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 23rd ASEAN Summit;

 UPHOLDING the goals, purposes and principles of ASEAN as enshrined in the ASEAN Charter and Cha-am Hua Hin Declaration on the Roadmap for the ASEAN Community (2009-2015); 

REAFFIRMING the goals and commitments of ASEAN to eliminating violence against women and monitor their progress as reflected in the Declaration on the Elimination of Violence Against Women in the ASEAN Region adopted at the 37th ASEAN Ministerial Meeting (AMM) on 30 June 2004;

 FURTHER REAFFIRMING the importance and general principles of the ASEAN Human Rights Declaration (AHRD) and the Phnom Penh Statement on the Adoption of the AHRD adopted at the 21st ASEAN Summit on 18 November 2012; and the commitments of ASEAN as reflected in the ASEAN Leaders’ Joint Statement in Enhancing Cooperation Against Trafficking in Persons in Southeast Asia adopted at the 18th ASEAN Summit on 8 May 2011; the Ha Noi Declaration on the Enhancement of Welfare and Development of ASEAN Women and Children adopted at the 17th ASEAN Summit on 28 October 2010; the ASEAN Declaration Against Trafficking in Persons Particularly Women and Children adopted at the 10th ASEAN Summit on 29 November 2004; the Declaration on the Commitments for Children in ASEAN adopted at the 4th Meeting of the ASEAN Ministers Responsible for Social Welfare (AMRSW) on 2 August 2001; the Resolution on the ASEAN Plan of Action for Children adopted at the 3rd AMRSW Meeting on 2 December 1993; and the Declaration on the Advancement

%B Association of Southeast Asian Nations %G eng %U http://aichr.org/documents/ %0 Government Document %D 2013 %T Tackling discrimination on the grounds of sexual orientation and gender identity %A Håkon Haugli %X

http://assembly.coe.int/nw/xml/XRef/Xref-DocDetails-EN.asp?fileid=19779&lang=EN&search=U2V4dWFsIG9yaWVudGF0aW9ufHR5cGVfc3RyX2VuOlJlcG9ydA==

Since 2010, when both the Parliamentary Assembly and the Committee of Ministers adopted far-reaching texts on how to tackle discrimination on the grounds of sexual orientation and gender identity, important positive developments have occurred in some Council of Europe member States, including the introduction of specific legislative measures, action plans and strategies.

Despite this progress, however, prejudice against lesbian, gay, bisexual and transgender persons (LGBTs) is widespread in society. Discrimination against LGBTs remains a serious problem, as indicated by repeated infringements of the rights to freedom of expression and peaceful assembly, and the authorities’ failure to provide protection against homophobic and transphobic violence. The introduction of legislation or draft legislation on the prohibition of so-called homosexual propaganda in countries such as Lithuania, the Republic of Moldova, the Russian Federation and Ukraine is at variance with these countries’ legal obligations. It would also legitimise the prejudice against LGBTs which all too often is fuelled by inconsiderate discourse by politicians and other authoritative figures.

Council of Europe member States should take measures to prevent discrimination on the grounds of sexual orientation and gender identity, promote equality and tackle homophobia and transphobia. The Republic of Moldova, Poland and the Russian Federation should give full execution to the judgments of the European Court of Human Rights.

The Committee of Ministers should continue to strengthen its activities in this area with a view to ensuring the full implementation of its Recommendation CM/Rec(2010)5.

%G eng %U http://assembly.coe.int/nw/xml/XRef/Xref-DocDetails-EN.asp?fileid=19779&lang=EN&search=U2V4dWFsIG9yaWVudGF0aW9ufHR5cGVfc3RyX2VuOlJlcG9ydA== %0 Journal Article %J An International Journal of South Asian Studies %D 2013 %T The Emergence/Extention of Due Diligence Standard to Assess the State Response towards Violence against Women/Domestic Violence %A Shazia Qureshi %X

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. 

%B An International Journal of South Asian Studies %V 28 %P 55-66 %G eng %U http://pu.edu.pk/home/journal/9/Vol_28_No_1_2013.html %N 1 %0 Report %D 2013 %T Ending Violence Against Women, The case for a comprehensive international action plan %A Daniela Rosche %X

https://www.oxfam.org/en/research/ending-violence-against-women-0

This Oxfam policy paper outlines a proposal for a comprehensive international action plan that addresses this issue politically, with time-bound targets and explicit accountability mechanisms – a roadmap to fast-track the implementation of existing agreements.

%B OXFAM International %G eng %U https://www.oxfam.org/en/research/ending-violence-against-women-0 %0 Conference Paper %B Asia Pacific Roundtable %D 2013 %T Asia Pacific Roundtable: International and Regional Standard setting to eliminate Violence Against Women 2013 %A Clara Rita Padilla %X

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.

%B Asia Pacific Roundtable %C Bali, Indonesia %8 7-8 Dec. %G eng %0 Generic %D 2012 %T Virtual Knowledge Centre to end Violence Against Women and Girls %A United Nations Entity for Gender Equality and the Empowerment of Women %X

http://www.endvawnow.org/

The Virtual Knowledge Centre to End Violence against Women and Girls is an online resource in English, French and Spanish, designed to serve the needs of policymakers, programme implementers and other practitioners dedicated to addressing violence against women and girls. The Centre is an initiative of UN Women, bringing together the valuable contributions of expert organizations and individuals, governments, United Nations sister agencies, and a wide range of relevant actors. Part of the overall effort is encouraging shared ownership of the site and ongoing partnership-building for its continuous development and sustainability.

%G eng %U http://www.endvawnow.org/ %0 Journal Article %J The Journal of North African Studies %D 2012 %T Tunisian women in the twenty-first century: past achievements and present uncertainties in the wake of the Jasmine Revolution %A Jane D. Tchaïcha %A Khedija Arfaoui %X

http://www.tandfonline.com/doi/abs/10.1080/13629387.2011.630499

The recent and dramatic changes in Tunisia since the Jasmine Revolution have brought new challenges for its citizens and for its women in particular. Tunisian women, long considered the most liberated in the Arab-Muslim world, are now seeing a growing conservative mind-set spreading across the country. The more frequent appearance of women wearing headscarves and men sporting beards in public, if only an outward symbol of Islam, is unusual behavior in the traditionally secular, post-independent Tunisia. This more conservative phenomenon, although not the primary driver of the recent revolution, has secured a legitimate place in Tunisian society since January 2011. Many Tunisian feminists and NGOs fear that this legitimacy will eventually threaten women's active participation in public and private life, legally guaranteed through the 1956 Code of Personal Status (CPS). In this paper, we examine pre- and post-revolutionary Tunisia to understand the importance and influence of the rising tide of conservatism and its potential impact on women's rights. Two principle questions frame this study: (1) what factors have prompted the re-emergence of the more religiously based conservatism in secular Tunisia in recent years? and (2) will the new Tunisia safeguard the CPS through its transitional period and thereafter? The authors use an interdisciplinary approach in their study, integrating Tunisia's unique past – grounded in historical, political, and socio-economic events and conditions – with the interviews of 33 citizens prior to January 2011, and then evaluate the post-revolutionary events in light of the former. The analyses reveal that before January 2011, the more conservative behaviour was linked to the present-day challenges and global developments, and not necessarily to a deep-rooted Islamic practice and/or religiosity. Since the revolution, however, the legitimate acknowledgement of certain Islamic practices and movements, previously banned over a period of 50 years, has created an audible voice in the public arena which, in turn, has created a renewed and heightened concern about the possible deterioration of women's rights.

%B The Journal of North African Studies %V 17 %P 215-238 %G eng %U http://www.tandfonline.com/doi/abs/10.1080/13629387.2011.630499 %N 2 %0 Journal Article %J Philippine Law Journal %D 2012 %T Legal and Conceptual Framework of Battered Woman Syndrome as a Defence %A Rowena Amelia V. Guanzon %X

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.

 

%B Philippine Law Journal %V 86 %G eng %0 Report %D 2012 %T A Closer Look At Forced And Early Marriage In African Immigrant Communities In New York City %X

http://www.girlsnotbrides.org/reports-and-publications/forced-early-marriage-african-immigrant-new-york/

To view this publication, click the first link, titled "A Closer Look At Forced And Early Marriage In African Immigrant Communities In New York City."

The purpose of this report is to inform emerging policies and practices on early and forced marriage by highlighting the lived experiences of African immigrant and refugee girls and young women in New York City. Sauti Yetu supports policies and practices that are informed by the diversity of experiences in which early and forced marriage occurs across a variety of immigrant communities that protect the health, well-being, and futures of immigrant young women.

%I Sauti Yetu Center for African Women and Families %G eng %U http://www.girlsnotbrides.org/reports-and-publications/forced-early-marriage-african-immigrant-new-york/ %0 Journal Article %J Journal of Family Violence %D 2012 %T Abused Mothers’ Safety Concerns and Court Mediators’ Custody Recommendations %A Echo A Rivera %A April M Zeoli %A Cris M Sullivan %X

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3491813/

*The full article is available through this link. This article may be available free of charge to those with university credentials.

This study adds to research on family court’s response to custody in the context of intimate partner abuse (IPA). Mediation is often used to assist family court with custody negotiation; however, debate exists in the field regarding its use when IPA exists. The following study examines experiences with court mediation among a sample of victimized mothers who divorced abusive husbands. Mixed-method data were collected from 19 women. Findings demonstrate that abuse is rarely considered in custody recommendations, as most court mediators prefer joint custody. Implications for the ongoing debate, as well as future directions for research, are discussed.

%B Journal of Family Violence %V 27 %P 321-332 %G eng %U http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3491813/ %N 4 %0 Journal Article %J Journal of Offender Rehabilitation %D 2012 %T Examining Disclosure of Physical and Sexual Victimization by Method in Samples of Women Involved in the Criminal Justice System %A Sheryl Pimlott Kubiak %A Nkiru Nnawulezi %A Nidal Karim %A Marisa L Beeble %A Chris M Sullivan %X

http://www.tandfonline.com/doi/abs/10.1080/10509674.2011.618528

*The full article is available through this link. This article may be available free of charge to those with university credentials.

Definitions vary on what constitutes sexual and/or physical abuse, and scholars have debated on which methods might yield the most accurate response rates for capturing this sensitive information. Although some studies suggest respondents prefer methods that provide anonymity, previous studies have not utilized high-risk or stigmatized populations. In this article, the authors report on serendipitous findings when using two methods to assess the past year incidence of sexual and physical violence among women involved in the criminal justice system. Women who participated in an anonymous survey reported higher physical and sexual victimization than did the women who were interviewed, even though the questions were identical. Implications of the findings are discussed.

%B Journal of Offender Rehabilitation %V 51 %P 161-175 %G eng %U http://www.tandfonline.com/doi/abs/10.1080/10509674.2011.618528 %N 3 %0 Journal Article %J Journal of Community Psychology %D 2012 %T Exploring The Core Service Delivery Processes Of An Evidence-Based Community Advocacy Program For Women With Abusive Partners %A Nicole E Allen %A Sadie Larsen %A Jennifer Trotter %A Cris M Sullivan %X

http://onlinelibrary.wiley.com/doi/10.1002/jcop.21502/abstract

*The full article is available through this link. This article may be available free of charge to those with university credentials.

Once an intervention has been found to be effective, it is important to examine the processes and factors within the program that led to its success. The current study examined survivors’ reflections on the Community Advocacy Project, an empirically supported intervention for women with abusive partners. The study examined the service delivery processes that survivors affirmed or identified as core components of the intervention. Qualitative analysis of interviews with 51 survivors indicated that 3 main service delivery elements contributed to positive outcomes: orientation to the whole person, unconditional validation and acceptance, and an orientation to information provision and action. These overarching themes are described and implications for domestic violence services and dissemination are discussed.

%B Journal of Community Psychology %V 41 %P 1-18 %G eng %U http://onlinelibrary.wiley.com/doi/10.1002/jcop.21502/abstract %N 1 %0 Journal Article %J Violence Against Women %D 2012 %T The Impact of Intimate Partner Violence on Low-Income Women’s Economic Well-Being:The Mediating Role of Job Stability %A Adrienne E Adams %A Richard M Tolman %A Deborah I Bybee %A Cris M Sullivan %A Angie C Kennedy %X

http://vaw.sagepub.com/content/18/12/1345

*The full article is available through this link. This article may be available free of charge to those with university credentials.

This study sought to extend our understanding of the mechanisms by which intimate partner violence (IPV) harms women economically. We examined the mediating role of job instability on the IPV–economic well-being relationship among 503 welfare recipients. IPV had significant negative effects on women’s job stability and economic well-being. Job stability was at least partly responsible for the deleterious economic consequences of IPV, and the effects lasted up to three years after the IPV ended. This study demonstrates the need for services and policies that address barriers to employment as a means of improving the economic well-being of low-income women with abusive partners.

%B Violence Against Women %V 18 %P 1345-1367 %G eng %U http://vaw.sagepub.com/content/18/12/1345 %N 12 %0 Journal Article %J American Journal of Community Psychology %D 2012 %T A model of sexually and physically victimized women's process of attaining effective formal help over time: the role of social location, context, and intervention. %A Adrienne Adams %A Deborah Bybee %A Sheryl Pimlott Kubiak %A Angie C Kennedy %A Cris M Sullivan %A Rebecca Campbell %X

http://www.ncbi.nlm.nih.gov/pubmed/22290627

*The full article is available through this link. This article may be available free of charge to those with university credentials.

As empirical evidence has demonstrated the pervasiveness of sexual assault and intimate partner violence in the lives of women, and the links to poor mental health outcomes, attention has turned to examining how women seek and access formal help. We present a conceptual model that addresses prior limitations and makes three key contributions: It foregrounds the influence of social location and multiple contextual factors; emphasizes the importance of the attainment of effective formal help that meets women's needs and leads to positive mental health outcomes; and highlights the role of interventions in facilitating help attainment. We conclude with research and practice implications.

%B American Journal of Community Psychology %V 50 %P 217-28 %G eng %U http://www.ncbi.nlm.nih.gov/pubmed/22290627 %N 1-2 %0 Journal Article %J Feminist Criminology %D 2012 %T Secondary Victimization of Abused Mothers by Family Court Mediators %A Echo A Rivera %A Cris M Sullivan %A April M Zeoli %X

http://fcx.sagepub.com/content/7/3/234

*The full article is available through this link. This article may be available free of charge to those with university credentials.

Family court often assists divorcing parties in establishing custody arrangements. Mediation is commonly used for custody negotiation; however, its applicability for cases involving intimate partner abuse (IPA) is debated. This study was designed to gain an in-depth understanding of abused mothers’ court mediation experiences and how those experiences impact future court help-seeking when the fathers of their children have been abusive to them. Most women experienced secondary victimization during mediation, which had a negative impact on their willingness to use the court in the future. Policy recommendations include screening for IPA, providing separate mediation sessions, and improving court mediators’ training.

%B Feminist Criminology %V 7 %P 234-252 %G eng %U http://fcx.sagepub.com/content/7/3/234 %N 3 %0 Report %D 2012 %T Law Enforcement at Issue: Constitutionality of Maria da Penha Law in Brazilian Courts %A Marta Rodriguez de Assis Machado %A José Rodrigo Rodriguez %A Flavio Marques Prol %A Gabriela Justino da Silva %A Marina Zanata Ganzarolli %A Renata do Vale Elias %X

http://www.conectas.org/en/actions/sur-journal/issue/16/531-disputando-a-aplicacao-das-leis-a-constitucionalidade-da-lei-maria-da-penha-nos-tribunais-brasileiros

This article presents the findings of a study on the Maria da Penha law, the first Brazilian law providing comprehensive measures to inhibit domestic violence against women. The objective of the study is to identify the main positions regarding the constitutionality of the Maria da Penha law (Law 11340/2006) in the Brazilian judicial system. By examining the arguments used in Courts of Justice, the authors show how the establishment of the law is not limited to the legislative act, and the Judiciary can be the stage for disputes.

%B Conectas Human Rights %7 9 (16) %I SUR - International Journal on Human Rights %P 61-83 %G eng %U http://www.conectas.org/en/actions/sur-journal/issue/16/531-disputando-a-aplicacao-das-leis-a-constitucionalidade-da-lei-maria-da-penha-nos-tribunais-brasileiros %0 Report %D 2012 %T Poland to sign European convention combating violence against women %X

http://www.thenews.pl/1/10/Artykul/120471,Poland-to-sign-European-convention-combating-violence-against-women

After opposition from the Church, the Polish government has decided to sign the Council of Europe's Convention on Preventing and Combating Violence Against Women. 

Prime Minister Donald Tusk said that the government had taken the decision at Tuesday's Council of Ministers meeting.

%G eng %U http://www.thenews.pl/1/10/Artykul/120471,Poland-to-sign-European-convention-combating-violence-against-women %0 Journal Article %J Crossing the Baltic %D 2012 %T A (Polish) History of Violence: The Difficulties of Advancing Women's Rights in the 21st Century %A Adrianna Minta %X

http://crossingthebaltic.com/2012/05/14/a-polish-history-of-violence-the-difficulties-of-advancing-womens-rights-in-the-21st-century/

This April, a fresh controversy related to gender politics took Polish media by storm. Jarosław Gowin, Poland’s current minister of justice and a Civic Platform politician, stated loud and proud that he would vehemently oppose the signing and ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence.

%B Crossing the Baltic %G eng %U http://crossingthebaltic.com/2012/05/14/a-polish-history-of-violence-the-difficulties-of-advancing-womens-rights-in-the-21st-century/ %0 Magazine Article %D 2012 %T The State and Violence Against Women in Peru: Intersecting Inequalities and Patriarchal Rule %A Jelke Boesten %X

http://sp.oxfordjournals.org/content/19/3.toc

*The full article is available through this link. This article may be available free of charge to those with university credentials.

Fourth article

This article builds on long-term research looking at violence  against women in both war and peace, and recently gathered data  regarding persistent failure to use policy as a tool to reduce such  violence in Peru. The research shows that impunity and tolerance  for violence against women persists despite a state that has actively  intervened to eradicate such violence for some twenty years.  Including the state as perpetrator of violence in the analysis of  impunity helps understand the failure of policy and legislation.  Moreover, the notion of patriarchy allows us to look at a historically  shaped male-centered and sexist organization of state and  society, and helps understand the ambiguities in contemporary policy and legislation.

%B Social Politics 2012 %V 19 %P 361-382 %8 Autumn 2012 %G eng %U http://sp.oxfordjournals.org/content/19/3.toc %N 3 %0 Report %D 2012 %T Violence Against Women in Latin America and the Caribbean: A comparative analysis of population-based data from 12 countries %A Sarah Bott %A Alessandra Guedes %A Mary Goodwin %A Jennifer Adams %X

http://www.paho.org/hq/index.php?option=com_content&view=article&id=8175:violence-against-women-latin-america-caribbean-comparative-analysis-population-data-from-12-countries&Itemid=1519&lang=en

This report, produced by the Pan American Health Organization, in collaboration with the U.S. Centers for Disease Control, highlights that intimate partner and sexual violence against women is widespread in all Latin American and the Caribbean countries where survey data are available.

The 156 page report presents a comparative analysis of data from 13 nationally representative surveys from the region. The 122 tables and graphs present illustrate what is known about the prevalence, risk factors, consequences, and attitudes towards violence against women in these countries—including violence by intimate partners and sexual violence by any perpetrator.

This is the first time that nationally-representative data have been analyzed and presented in a single comparative format that allows readers a snapshot of what is known about violence against women across many different countries in the Region.    

The report aims to raise awareness of violence against women within the LAC Region and around the world as a public health problem and a violation of human rights. By making it easier for readers to access comparable data on the prevalence, risk factors, consequences, and attitudes about violence against women, the authors hope to motivate decision-makers to invest more resources in evidence-based prevention and response strategies.

%B PAHO - Pan American Health Organization %I PAHO - Pan American Health Organization %C Washington D.C. %P 156 %G eng %U http://www.paho.org/hq/index.php?option=com_content&view=article&id=8175:violence-against-women-latin-america-caribbean-comparative-analysis-population-data-from-12-countries&Itemid=1519&lang=en %0 Journal Article %J Espacio Abierto %D 2012 %T Tráfico de mujeres en México: El caso del estado de Nuevo León. Marco legal para combatirlo %A Arun Kumar Acharya %X

http://www.redalyc.org/articulo.oa?id=12224818002

Resumen

El tráfico de mujeres no sólo es una violencia contra las mujeres, sino también es una violación contra los derechos humanos. Aunque es sabida la extensión de esta clase de violencia, la respuesta de la gran mayoría de los gobiernos en todo el mundo es negativa o poco eficiente, como es el caso del gobierno nacional y los estatales de México. Muchas organizaciones internacionales entre ellas las Naciones Unidas, han recomendado a México diversos tipos de acciones y legislaciones, pero la respuesta del gobierno nacional y estatal ha sido deficiente. Por eso, el objetivo principal de esta investigación es examinar y documentar los instrumentos internacionales, nacionales (México) y estatales (Nuevo León) en lo referente al tráfico de mujeres. En ese sentido, la presente investigación está dividida en tres partes. En la primera, el artículo examina los instrumentos internacionales, en la segunda se describen los instrumentos nacionales adaptados para combatir el tráfico de mujeres en México, y en la tercera, se analizan las medidas adaptadas por parte del gobierno de Nuevo León para combatir este problema en el estado. 
Palabras Claves: tráfico de mujeres, convenciones internacionales, nacionales e estatales, méxico, Nuevo León.

 

%B Espacio Abierto %V 21 %P 629-652 %G eng %U http://www.redalyc.org/articulo.oa?id=12224818002 %N 4 %0 Report %D 2012 %T Targeting Cultural Change in Repressive Environments: The Campaign against Sexual Harassment in Egypt %A Helen Rizzo %X

http://ecwronline.org/?p=1579

This paper examines the ECWR’s multi-faceted campaign to combat sexual harassment from 2005 to 2008. A timeline of the organization’s major events during this period is presented in Table 1. In examining the campaign mobilization, its framing of the issue, and its tactical repertoire, theoretical insight comes primarily from the literature on high-risk social movements (specifically those in authoritarian environments) and movements with cultural targets. We also draw from research on women’s organization in non-Western contexts and the role of globalization in creating awareness of women’s status in different societies.

%I Egyptian Center for Women's Rights %G eng %U http://ecwronline.org/?p=1579 %0 Report %D 2012 %T Informe para la ONU sobre la violencia contra las mujeres y los feminicidios en Chihuahua %X

http://mukira.org/publicaciones/

El cuarto documento en este página

Este informe contiene estadísticas oficiales sobre el número de homicidios de mujeres en el estado de Chihuahua en los últimos 20 años, y casos paradigmáticos de violencia de género. El documento fue elaborado por Justicia para Nuestras Hijas, el Centro de Derechos Humanos de las Mujeres (CEDEHM) y Mukira, y presentado en el verano de 2012 ante el Comité para la Eliminación de Todas las Formas de Discriminación (CEDAW) de la ONU.

%I Mukira %G eng %U http://mukira.org/publicaciones/ %0 Journal Article %J International Legal Materials %D 2012 %T Introductory Note to the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence %A Bonita C. Meyersfeld %X

http://www.jstor.org/stable/10.5305/intelegamate.51.1.0106

*The full article is available through this link. This article may be available free of charge to those with university credentials.

The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (‘‘Convention’’)1 joins a small number of treaties imposing specific obligations on member states to prevent and address violence against women. The Convention is notable both for its encapsulation of best practices in combating violence against women and for its confirmation that all forms of violence against women, including domestic violence, are human rights violations for which states are responsible.

%B International Legal Materials %V 51 %P 106-132 %G eng %U http://www.jstor.org/stable/10.5305/intelegamate.51.1.0106 %N 1 %0 Journal Article %J International LEgal Materials %D 2012 %T Introductory Note to the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence %A Bonita C. Meyersfeld %X

http://www.jstor.org/stable/10.5305/intelegamate.51.1.0106

The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (‘‘Convention’’)1 joins a small number of treaties imposing specific obligations on member states to prevent and address violence against women. The Convention is notable both for its encapsulation of best practices in combating violence against women and for its confirmation that all forms of violence against women, including domestic violence, are human rights violations for which states are responsible.

%B International LEgal Materials %V 51 %P 106-132 %G eng %U http://www.jstor.org/stable/10.5305/intelegamate.51.1.0106 %N 1 %0 Report %D 2012 %T For a Better Life: Migrant Worker Abuse in Bahrain and the Government Reform Agenda %X

https://www.hrw.org/report/2012/09/30/better-life/migrant-worker-abuse-bahrain-and-government-reform-agenda

This 123-page report documents the many forms of abuse and exploitation suffered by migrant workers in Bahrain and details the government’s efforts to provide redress and strengthen worker protections. Bahraini authorities need to implement labor safeguards and redress mechanisms already in place and prosecute abusive employers, Human Rights Watch said. The government should extend the 2012 private sector labor law to domestic workers, who are excluded from key protections.

%I Human Rights Watch %G eng %U https://www.hrw.org/report/2012/09/30/better-life/migrant-worker-abuse-bahrain-and-government-reform-agenda %0 Report %D 2012 %T Lonely Servitude: Child Domestic Labor in Morocco %X

https://www.hrw.org/report/2012/11/15/lonely-servitude/child-domestic-labor-morocco

This report follows up on our previous work by assessing what progress has been made in eliminating child domestic labor in Morocco since 2005, and what challenges remain. Although no nationwide surveys similar to the 2001 studies are currently available, our 2012 research—including interviews with 20 former child domestic workers in Casablanca and rural sending areas, as well as interviews with nongovernmental organizations, government officials, and other stakeholders—suggests that the number of children working as domestic workers has dropped since 2005, and that fewer girls are working at very young ages. Public education campaigns by the government, NGOs, and United Nations (UN) agencies, together with increased media attention, have raised public awareness regarding child domestic labor and the risks that girls face. “When I first went to Morocco 10 years ago, no one wanted to talk about the issue,” an International Labour Organization (ILO) official said. “Now, child domestic labor is no longer a taboo subject.” Government efforts to increase school enrollment have shown notable success and helped reduce the number of children engaged in child labor.

%I Human Rights Watch %G eng %U https://www.hrw.org/report/2012/11/15/lonely-servitude/child-domestic-labor-morocco %0 Report %D 2012 %T The Year 2012:The Massive “Going Out” of the Egyptian Women %A Nehad Aboul Komsan %X

http://ecwronline.org/?p=4575

When President Mohammed Morsi stood before the United Nations this year, he was asked about the status of women in his country and confronted with international concern regarding their status and the challenges they face. He responded to these concerns, saying that “Egyptian women have the same rights as men. There even are some men who ask to be guaranteed the same rights as women!”

Of course the President was joking. However, recent data shows the severity of the situation for women in Egypt and reveals Egypt to be first in the world as far as the deterioration of women’s rights. Those in attendance were not receptive to Morsi’s joke, finding this humor an inappropriate response to a very serious issue. The delegation hoped that President Morsi could present a plan outlining the methods and procedures intended to advance the position of women in Egypt as the first elected president after a revolution that demanded justice and equality.

The Egyptian Center for Women’s Rights compiled this year’s status report on the status of Egyptian women but faced a number of challenges during the research process. The most notable of these challenges was the scarcity of information and statistics portraying the situation of women. Most writings expressed admiration for Egyptian women and their presence in society and astonishment at their participation in public work, from which they were absent for decades.

As for the approved research institutions, they are, like Egypt as a whole, facing many problems that made the intellectual production and monitoring so modest compared with the previous years. Therefore, there are neither statistics nor sufficient analytical writings available to help us. The center, like many human rights and women’s organizations in Egypt, was also under intense pressure from the Ministry of Social Affairs. The approval of many of the center’s programs was delayed by disagreements and attempts to limit the NGO’s activities or paralyze them. This situation made the report dependent upon a limited number of researchers who exerted tremendous efforts in research and documentation. The center hopes to introduce a useful report on Egyptian Women in 2012 despite these challenges.

%I Egyptian Center for Women's Rights %G eng %U http://ecwronline.org/?p=4575 %0 Report %D 2012 %T Concluding observations of the Committee on the Elimination of Discrimination against Women %X

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.

%B Office of the High Commissioner for Human Rights %I Office of the High Commissioner for Human Rights %G eng %U http://www2.ohchr.org/english/bodies/cedaw/docs/co/CEDAW-C-IDN-CO-6-7.pdf %0 Report %D 2012 %T Report of the Special Rapporteur on violence against women, its causes and consequences: Mission to Italy %A Rashida Manjoo %X

http://www.ohchr.org/EN/Issues/Women/SRWomen/Pages/AnnualReports.aspx

2012 - Addendum - Mission to Italy

This report contains the findings of the Special Rapporteur on violence against women, its causes and consequences, following her visit to Italy from 15 to 26 January 2012. It examines the situation of violence against women in the country taking into account its causes and consequences. It also discusses the State's response to prevent such violence, protect and provide remedies to women who have been subjected to such violence, and to prosecute and punish the perpetrators.

%I Office of the High Commissioner for Human Rights %G eng %U http://www.ohchr.org/EN/Issues/Women/SRWomen/Pages/AnnualReports.aspx %0 Report %D 2012 %T The Trafficking of Women in Mexico: Case of the State of Nuevo León. A Legal Framework to Combat it %A Arun Kumar Acharya %X

http://www.redalyc.org/articulo.oa?id=12224818002

El tráfico de mujeres no solo es una violencia contra las mujeres, sino, también es una violación contra los derechos humanos. Aunque es sabida la extensión de esta clase de violencia, la respuesta de la gran mayoría de los gobiernos en todo el mundo es negativa o poco eficiente, como es el caso del gobierno nacional y los estatales de México. Muchas organizaciones internacionales entre ellas las Naciones Unidas, han recomendado a México diversos tipos de acciones y legislaciones pero la respuesta del gobierno nacional y estatal ha sido deficiente. Por eso, el objetivo principal de esta investigación es examinar y documentar los instrumentos internacionales, nacionales (México) y estatales (Nuevo León) en lo referente al tráfico de mujeres. En ese sentido, la presente investigación está dividida en tres partes. En la primera, el artículo examina los instrumentos internacionales, en la segunda se describen los instrumentos nacionales adaptados para combatir el tráfico de mujeres en México y en la tercera se analizan las medidas adaptadas por parte del gobierno de Nuevo León para combatir este problema en el estado.

%I Universidad del Zulia %G eng %U http://www.redalyc.org/articulo.oa?id=12224818002 %0 Report %D 2012 %T Violence against women in Sierra Leone: How women seek redress %A Lisa Denney %A Aisha Fofana Ibrahim %X

http://www.odi.org/publications/7184-violence-against-women-sierra-leone-women-seek-redress

This paper presents the findings of a short case study in Sierra Leone considering violence against women

An objective of the study is to contribute to an emerging body of research on the merits of using political economy analysis to reflect on the kinds of factors policymakers and practitioners should consider in developing interventions to address particular policy problems. 

Against this background, this study focuses principally on understanding the nature of the problem of VAW, and then works up through the different options women may (or may not) have for seeking redress along the justice chains in Sierra Leone.  

%B Overseas Development Institute %I Overseas Development Institute %G eng %U http://www.odi.org/publications/7184-violence-against-women-sierra-leone-women-seek-redress %0 Government Document %D 2012 %T 2012 Department of State Trafficking in Persons Country Narratives %X

http://www.state.gov/j/tip/rls/tiprpt/2012/index.htm

Remarks from Hillary Clinton on the release of the report: In this year’s report, we are especially focused on that third P, victim protection. And in these pages, you’ll find a lot of proven practices and innovative approaches to protecting victims. This is a useful and specific guide for governments looking to scale up their own efforts. What kind of psychological support might a victim need? How should immigration laws work to protect migrant victims? How can labor inspectors learn to recognize the warning signs of traffickers? And what can you and all of us do to try to help?

%B US Department of State %G eng %U http://www.state.gov/j/tip/rls/tiprpt/2012/index.htm %0 Report %D 2012 %T Supplement to the Handbook for Legislation on Violence against Women, "Harmful Practices" Against Women %X

http://www.unwomen.org/en/digital-library/publications/2012/12/handbook-for-legislation-on-violence-against-women

The Handbook serves as a useful tool in supporting efforts to provide justice, support, protection and remedies to victims and to hold perpetrators accountable.

The Handbook first outlines the international and regional legal and policy frameworks which mandate States to enact and implement comprehensive and effective laws to address violence against women. It then presents a model framework for legislation on violence against women, divided into fourteen chapters. Finally, the Handbook provides users with a checklist of considerations to be kept in mind when drafting legislation on violence against women.

This Handbook intends to provide all stakeholders with detailed guidance to support the adoption and effective implementation of legislation which prevents violence against women, punishes perpetrators, and ensures the rights of survivors everywhere.

 

%B UN Women %I United Nations Entity for Gender Equality and the Empowerment of Women %G eng %U http://www.unwomen.org/en/digital-library/publications/2012/12/handbook-for-legislation-on-violence-against-women %0 Report %D 2012 %T Unveiling Justice: Women’s Access to Justice in the Philippines %X

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

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.

%I Women's Legal and Human Rights Bureau %G eng %U http://www.genderit.org/resources/submission-upr-women-s-access-justice-philippines %0 Government Document %D 2012 %T The Role of Faith Based Organisations in a Strategy to Eliminate Violence Against Women and Girls %A Margareta Grape %X

http://www.unwomen.org/en/csw/previous-sessions/csw57-2013/preparations/expert-group-meeting

This presentation does not reflect a formal position of the World Council of Churches. It does not have any ambitions to be a scientific contribution to the discussion of the expert group. Instead, my paper is basically a reflection of my own experience of working for thirty-five years in the intersection of faith and politics, both out of Sweden and in the global arena.

It is a scandal that violence against women is still an everyday reality in the lives of hundreds of thousands of women and girls all over the world. The scandal is aggravated by the fact that, more often than not, victims are accused of bringing the violence upon themselves – for being disobedient wives or for dressing in a provocative way, or for any number of reasons, all of which aim at pushing the responsibility from the perpetrator to the victim.

The magnitude of the on-going violence against women, in homes, in public spaces, and in wars and conflicts, is well-known and carefully documented. Scientific studies and testimonies from abused women have been presented over the years at conferences, in reports, in media, and in courts of law. No one can say: We did not know.

%G eng %U http://www.unwomen.org/en/csw/previous-sessions/csw57-2013/preparations/expert-group-meeting %0 Legal Rule or Regulation %D 2012 %T Case of Irene Wilson v. the U.K. %X

http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-114397#{"itemid":["001-114397"]}

Summary

The European Court of Human Rights found that the Northern Ireland authorities had not failed in their duty to respond to domestic violence perpetrated against the applicant, Ms Irene Wilson, and her complaint was deemed inadmissible.

Facts

On 20 October 2007 the applicant was assaulted by her husband, Scott Wilson. She suffered a severed artery on the right side of her head and multiple bruising.

Mr Wilson was arrested and charged with causing grievous bodily harm with intent to do grievous bodily harm, contrary to section 18 of the Offences against the Person Act 1861. After considering the available evidence, the Public Prosecution Service of Northern Ireland (PPS) decided that there was insufficient evidence of intention to do grievous bodily harm and the charge was reduced to one of grievous bodily harm contrary to section 20 of the same Act.

Mr Wilson pleaded guilty to the section 20 charge and was sentenced to eighteen months’ imprisonment, which was suspended for three years.

The applicant alleged violations of her human rights under the European Convention on Human Rights and made several complaints regarding the criminal proceedings, including that the sentence was unduly lenient and was much lower than would have been delivered had the offence occurred outside marriage.

%I European Court of Human Rights %G eng %U http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-114397#{"itemid":["001-114397"]} %0 Journal Article %J American University Journal of Gender, Social Policy and Law %D 2012 %T Domestic Violence Legislation in India: The Pitfalls of a Human Rights Approach to Gender Equality %A Rehan Abeyratne %A Dipika Jain %X

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. 

%B American University Journal of Gender, Social Policy and Law %V 21 %G eng %U http://digitalcommons.wcl.american.edu/jgspl/vol21/iss2/4/ %N 2 %0 Report %D 2012 %T Understanding and Addressing Violence Against Women Overview %X

http://www.who.int/reproductivehealth/publications/violence/rhr12_35/en/

WHO and PAHO have developed a series of information sheets on violence against women that summarizes what is known about the prevalence, patterns, consequences, risk factors and strategies to address the different forms of VAW. This series is for programme managers, practitioners, researchers, policy-makers and others working in a wide range of sectors and in every country.

%B World Health Organization %I World Health Organization %G eng %U http://www.who.int/reproductivehealth/publications/violence/rhr12_35/en/ %0 Report %D 2012 %T Australian study tour report - Visit of the UN Special Rapporteur on violence against women %X

https://www.humanrights.gov.au/our-work/sex-discrimination/publications/australian-study-tour-report-visit-un-special-rapporteur


In April 2012, the current UN Special Rapporteur on violence against women, including its causes and consequences, Ms Rashida Manjoo, accepted an invitation to conduct a study tour to Australia. This was the first visit to Australia ever undertaken by the UN Special Rapporteur on violence against women.

%B Australian Human Rights Commission %I Australian Human Rights Commission %G eng %U https://www.humanrights.gov.au/our-work/sex-discrimination/publications/australian-study-tour-report-visit-un-special-rapporteur %0 Legal Rule or Regulation %D 2012 %T Case of Kalucza v. Hungary %X

http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"fulltext":["Kalucza%20v.%20Hungary"],"documentcollectionid2":["GRANDCHAMBER","CHAMBER"]}

1. The case originated in an application (no. 57693/10) against the Republic of Hungary lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Hungarian national, Ms Matild Kalucza (“the applicant”), on 25 September 2010.

2. The applicant was represented by Ms G. Zsemlye, a lawyer practising in Budapest. The Hungarian Government (“the Government”) were represented by Mr L. Höltzl, Agent, Ministry of Public Administration and Justice.

3. The applicant complained that the authorities had failed to respect her rights under Articles 2, 3 and 8 of the Convention insofar as they did not comply with their positive obligations, as a result of which she was forced to live with a person who constantly abused her physically and psychologically. 

%I European Court of Human Rights %G eng %U http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"fulltext":["Kalucza%20v.%20Hungary"],"documentcollectionid2":["GRANDCHAMBER","CHAMBER"]} %0 Legal Rule or Regulation %D 2012 %T Case of M and Others v. Italy and Bulgaria %X

http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"fulltext":["M%20and%20Others%20v.%20Italy%20and%20Bulgaria"],"documentcollectionid2":["GRANDCHAMBER","CHAMBER"]}

1.  The case originated in an application (no. 40020/03) against the Italian Republic lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by four Bulgarian nationals, L.M., S.M., I.I., and K.L. (“the applicants”), on 11 December 2003

2.  The applicants were represented by Mr S.S. Marinov, manager of Civil Association Regional Future, Vidin. The Italian Government were represented initially by their Co-Agent, Mr N. Lettieri, and subsequently by their Co-Agent, Ms P. Accardo. The Bulgarian Government were represented initially by their Agent, Ms N. Nikolova, and subsequently by their Agent, Ms M. Dimova.

3.  The applicants alleged, in particular, that there had been a violation of Article 3 in respect of the lack of adequate steps to prevent the first applicant’s ill-treatment by a Serbian family by securing her swift release and the lack of an effective investigation into that alleged ill-treatment.

%I European Court of Human Rights %G eng %U http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"fulltext":["M%20and%20Others%20v.%20Italy%20and%20Bulgaria"],"documentcollectionid2":["GRANDCHAMBER","CHAMBER"]} %0 Legal Rule or Regulation %D 2012 %T Case of P and S v. Poland %X

http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"fulltext":["P%20and%20S%20v.%20Poland"],"documentcollectionid2":["GRANDCHAMBER","CHAMBER"]}

Facts – The applicants were a daughter and her mother. In 2008, at the age of fourteen, the first applicant, P., became pregnant after being raped. In order to have an abortion in accordance with the 1993 Law on Family Planning, she obtained a certificate from the public prosecutor that her pregnancy had resulted from unlawful sexual intercourse. However, on contacting public hospitals in Lublin, the applicants received contradictory information as to the procedure to be followed. Without asking whether she wished to see him one of the doctors took P. to see a Catholic priest who tried to convince her to carry the pregnancy to term and got her to give him her mobile phone number. The second applicant was asked to sign a consent form warning that the abortion could lead to her daughter’s death. Ultimately, following an argument with the second applicant, the head of gynaecology in the Lublin hospital refused to allow an abortion, citing her personal views, and the hospital issued a press release confirming. Articles were published in local and national newspapers and the case was the subject of discussions on the internet.

P. was subsequently admitted to a hospital in Warsaw, where she was informed that the hospital was facing pressure not to perform the abortion and had received numerous e-mails criticising the applicants for their decision. P. also received unsolicited text messages from the priest and others trying to convince her to change her mind. Feeling manipulated and helpless, the applicants left the hospital two days later. They were harassed by anti-abortion activists and eventually taken to a police station, where they were questioned for several hours. On the same day, the police were informed that the Lublin Family Court had ordered P.’s placement in a juvenile shelter as an interim measure in proceedings issued to divest her mother of her parental rights on the grounds that she was pressurising P. into having the abortion. In making that order the court had regard to text messages P. had sent to her friend saying she did not know what to do. Later that day, the police drove P. to Lublin, where she was placed in a juvenile shelter. Suffering from pain, she was taken to hospital the following day, where she stayed for a week. A number of journalists came to see her and tried to talk to her. After complaining to the Ministry of Health, the applicants were eventually taken in secret to Gdańsk, some 500 kilometres from their home, where the abortion was carried out.

The family court proceedings were discontinued eight months later after P. testified that she had not been forced by her mother to have an abortion. Criminal proceedings that had been brought against P. for suspected sexual intercourse with a minor were also discontinued as was the criminal investigation against the alleged perpetrator of the rape.

%I European Court of Human Rights %G eng %U http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"fulltext":["P%20and%20S%20v.%20Poland"],"documentcollectionid2":["GRANDCHAMBER","CHAMBER"]} %0 Legal Rule or Regulation %D 2012 %T Case of P.M. v. Bulgaria %X

http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"fulltext":["P.M.%20v.%20Bulgaria%2049669/07"],"documentcollectionid2":["GRANDCHAMBER","CHAMBER"]}

1.  The case originated in an application (no. 49669/07) against the Republic of Bulgaria lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by Bulgarian national, Ms P.M. (“the applicant”), on 25 October 2007.

2.  The applicant was represented by Mr V. Vasilev, a lawyer practising in SofiaThe Bulgarian Government (“the Government”) were represented by their Agent, Ms M. Kotseva, of the Ministry of Justice.

3.  The applicant alleged, in particular, that the investigation into sexual offences of which she had been a victim had been ineffective, and that she had not had an effective domestic remedy in this respect.

%I European Court of Human Rights %G eng %U http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"fulltext":["P.M.%20v.%20Bulgaria%2049669/07"],"documentcollectionid2":["GRANDCHAMBER","CHAMBER"]} %0 Report %D 2012 %T Human Rights in the Pacific - Country Outlines 2012 %X

http://ohchr.tind.io/record/12219?ln=en

The Pacific with its huge geographic coverage and small populations is often overlooked in global and regional research and publications. Documented information about what is happening in the Pacific can be hard to find for both Pacific Islanders and people new to the region. International organisations that document human rights issues in much of the world often do not include the Pacific Islands. This is not to say that information on human rights in the Pacific does not exist. It does and there are many sources for it. However, until now, it has not been brought together in one place to provide an overview of human rights issues in the region. We hope that this publication, Human Rights in the Pacific – Country Outlines, provides such an overview and guides readers to sources and people that can provide further information.

%B Officer of the High Commissioner for Human Rights Pacific Region %I United Nations High Commissioner for Human Rights %G eng %U http://ohchr.tind.io/record/12219?ln=en %0 Report %D 2012 %T "I Had To Run Away:" The Imprisonment of Women and Girls for “Moral Crimes” in Afghanistan %X

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.

%I Human Rights Watch %G eng %U http://www.hrw.org/reports/2012/03/28/i-had-run-away %0 Journal Article %J New York University Journal of International Law and Politics %D 2012 %T The Integrated Enforcement of Human Rights %A Pammela Quinn Saunders %X

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2248142

The strengths and weaknesses of different human rights enforcement regimes are typically assessed from a vantage point that evaluates each type of mechanism in isolation from others. From this perspective, human rights courts are sometimes regarded as the “gold standard” in human rights enforcement because they possess what their far-more-common enforcement brothers — reporting and monitoring mechanisms — lack: The authority to impose sanctions on states that have violated their human rights obligations. When viewed side by side with human rights courts, reporting and monitoring mechanisms are frequently found wanting.

In fact, however, reporting and monitoring mechanisms have strengths as well as weaknesses. Moreover, they support treaties that have substantive obligations that overlap those found in treaties that are enforced by human rights courts. Once the connections between the treaties are taken into account, it follows that the treaties’ enforcement mechanisms also may impact one another. Viewing enforcement as an integrated phenomenon reveals a much more nuanced and complicated picture of the strengths and weaknesses of different types of enforcement mechanisms than is typically depicted when they are viewed as acting in isolation from one another.

 Recognizing that different regimes of human rights treaty enforcement can be integrated requires re-conceiving the coercive and persuasive influence of mechanisms that have no direct sanctioning authority. Far from being “toothless,” these enforcement mechanisms have the potential to directly impact human rights courts with strong enforcement authority. Moreover, the ability of the courts to identify non-compliant behavior is strengthened through their interactions with other treaties’ reporting mechanisms.

%B New York University Journal of International Law and Politics %V 45 %G eng %U http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2248142 %N 1 %0 Legal Rule or Regulation %D 2012 %T Case of R. K. B. v. Turkey %A CEDAW %X

http://www2.ohchr.org/english/law/jurisprudence.htm

CEDAW/C/51/D/28/2010

R.K.B.’s employer accused her of having an affair with a male colleague and dismissed her from the position but did not dismiss the male colleague, and threatened to “spread rumours about her relationships with other men” to pressure her to sign a document, attesting that she had been paid all her benefits upon termination. R.K.B. presented a claim to the Committee, alleging that her employer, a hairdressing salon, had unfairly terminated her contract of employment based on gender stereotypes. The Kocaeli 3rd Labour Court did not agree with the petitioner that dismissing her but not her male colleague was discriminatory. The court simply decided that the termination of her contract had not been justified.  R.K.B. appealed to the Court of Cassation, which dismissed the appeal without reference to gender discrimination.

The Committee concluded that the Turkish courts based their decisions on gender stereotypes, tolerating allegations of extramarital relationships by male employees but not by female employees. The Committee decided that there had been a violation of articles 5(a), 11(1a) and 11(1d) of CEDAW.  The Committee also responded to the State argument that laws on women’s rights had been adopted since the 1990s, hence meeting the due diligence standard, by explaining that the State has the obligation to actually improve women’s position in society and to eliminate wrongful stereotypes.  The Committee decided that adequate compensation should be paid to the author; that the State should take measures to implement laws on gender equality in the work environment; and that the State should provide training to judges, lawyers and law enforcement personnel on women’s rights and gender-based stereotypes.

 

%B C/51/D/28/2010; Communication No. 28/2010 %I Committee on the Elimination of Discrimination against Women (CEDAW) %G eng %U http://www2.ohchr.org/english/law/jurisprudence.htm %0 Report %D 2012 %T International framework on violence against women with focus on the CEDAW %A Dubravka Simonovic %X

http://peacewomen.org/content/international-framework-violence-against-women-focus-cedaw

This expert paper was written by Dr. Dubravka Simonovic, a member of the UN CEDAW Committee, for the expert group meeting on the ‘Prevention of violence against women and girls’ (September 2012). The purpose of the meeting was to contribute to a deeper understanding of violence against women and girls, in preparation for 57th session of the Commission on the Status of Women (CSW).

In the introduction, the author writes about the importance of the CEDAW Convention (1979) and its Optional Protocol (2000). Although there is not a specific global convention on the prevention of violence against women, CEDAW protects women from all forms of discrimination, including violence against women. However, gender-based violence, especially domestic violence, remains the most common and widespread violation of women’s human rights. The author then goes on to describe the significance of CEDAW in international human rights law, highlighting important features, such as its comprehensiveness and adaptability. Although CEDAW does not contain an explicit article on violence against women, the CEDAW Committee has recommended an interpretation of violence against women as falling under the convention. Before examining this recommendation in more depth, the author describes the main principles and key concepts of CEDAW.

The following sections discuss the Beijing Declaration and Platform for Action (DATE), looking particularly at its relationship to CEDAW; the UN Declaration on Violence against Women (CEDAW), adopted in 1993; development at the regional level, with particular focus on the Istanbul Convention, adopted by the Council of Europe in 2011; and the jurisprudence of CEDAW, referring to specific cases on violence against women brought before the CEDAW Committee under the Optional Protocol. The final section describes the function of the CEDAW Committee’s concluding observations and related follow-up procedure (introduced in 2008), and provides a brief synopsis of the most important concerns raised by the Committee over the years regarding violence against women. This synopsis is divided into these topics: reservations, legislation and implementation, comprehensive approaches in preventing and combating violence against women, articles and stereotypes, provision of support measures for victims of domestic violence, and data and research. On this last topic, the author writes that, “the Committee has consistently called attention to the limited availability of data on various forms of violence against women and has called for data collection relevant for the prevalence of violence against women. 

%B EGM/PVAWG/EP.7 %I Peace Women %G eng %U http://peacewomen.org/content/international-framework-violence-against-women-focus-cedaw %0 Report %D 2012 %T Substantive Equality and Non-Discrimination in Bulgaria. Shadow Report Submitted to CEDAW Committee for the 52nd Session 2012 %X

http://genderalternatives.org/images/Shadow_report_GAF_June_2012_Final.pdf

pp 17-19

The Team of the Gender Alternatives Foundation (www.genderalternatives.org) works on pro-active research, education, legal and psycho-social counseling, campaigning and lobbying for legislative changes in the field of gender equality and women's rights. Violence against women and socio-economic rights of women make the main focus of its activities. Given the focus of its work and following its mission to achieve a balanced civil society in the Republic of Bulgaria, ensuring equal chances and equal representation of women and men and of different ethnic groups, in the public and private spheres, the Team prepared a Shadow report for the 52nd CEDAW Committee session in July 2012. The Team aims at using the report as a tool for holding the Government accountable for the implementation of the CEDAW as well as a tool for advancing women‟s human rights in the country.

The report covers six of the areas of concern outlined in the CEDAW Committee List of Issues and Questions1, namely: 1. Legal status of the Convention and legislative and institutional framework; 2. Traditional stereotypes; 3. Violence against women; 4. Education; 5. Health; 6. Disadvantaged groups of women. The report also provides a list of recommendations to be taken into account by the CEDAW Committee for the Concluding observations.

 

%I Gender Alternatives Foundation %G eng %U http://genderalternatives.org/images/Shadow_report_GAF_June_2012_Final.pdf %0 Report %D 2012 %T Let Me Not Die Before my Time: Domestic Violence in West Africa %X

https://www.rescue-uk.org/search/site/let%20me%20not%20die%20before%20my%20Time%3A%20Domestic%20Violence%20in%20West%20Africa

Domestic violence knows no boundaries, and many of the stories and findings included in this report could describe the experiences of women in virtually any country. Too often, women’s subordinate status allows violence to occur in silence and prevents women from seizing opportunities. For this report, the IRC has chosen to focus on West Africa in order to demonstrate how this global problem becomes acute in post-conflict countries, keeping women from leading their societies to peace and prosperity. The destruction of war creates a particularly dangerous situation for women that the humanitarian community can no longer ignore.

%I International Rescue Committee %G eng %U https://www.rescue-uk.org/search/site/let%20me%20not%20die%20before%20my%20Time%3A%20Domestic%20Violence%20in%20West%20Africa %0 Legal Rule or Regulation %D 2012 %T Case of Jallow v. Bulgaria %A CEDAW %X

http://www2.ohchr.org/english/law/jurisprudence.htm

CEDAW/C/52/D/32/2011

In 2012, the Committee on the Elimination of all forms of Discrimination Against Women considered Jallow v. Bulgaria (C/52/D/32/2011). Isatou Jallow moved from the Gambia to Bulgaria after marrying A.P., a Bulgarian national. Once in Bulgaria, A.P. allegedly became abusive toward Jallow and subjected her to physical and psychological violence, including sexual abuse, and attempted to force her to take part in pornographic films and photographs. Even after social workers and police became involved, authorities took no measures to protect Jallow from further domestic violence and sexual abuse. In March 2009, prosecutors—without interviewing Jallow—refused to continue investigating the alleged domestic violence due to insufficient evidence. An order granting A.P. custody of the couple’s daughter was issued solely on the basis of A.P.’s statement and the Court did not consider Jallow’s allegations of domestic violence. In November 2010, Jallow submitted a communication to the Committee on behalf of her daughter and herself claiming that Bulgarian authorities failed to provide adequate protection against domestic violence and that the state’s actions relative to her situation amounted to gender-based discrimination.

The Committee concluded that Bulgaria had violated Articles 2(b)-2(f), 5(a), 16(1)(c), 16(1)(d) and 16(1)(f) of CEDAW, read in conjunction with Articles 1 and 3, when it failed to investigate allegations that A.P. had committed domestic violence against Jallow and her daughter. In the Committee’s view, these actions, together with the State’s failure to inform Jallow properly about her daughter’s whereabouts and her condition, violated Articles 2(b) and 2(c). The Committee determined that Bulgaria had also failed to protect Jallow’s rights to equality within marriage and as a parent, and to treat her daughter’s interests as paramount, in violation of Articles 5(a), 16(1)(c), 16(1)(d) and 16(1)(f). The Committee explained that Bulgaria’s actions were based on stereotypes concerning the roles of women and men within marriage, according to which men are perceived to be superior to women. The authorities’ reliance on these stereotypes caused them to act on the statements and actions of A.P. and to disregard Jallow’s allegations of violence. It also meant that they ignored Jallow’s vulnerable position and disregarded evidence concerning the disproportionate impact of domestic violence on women. The Committee urged Bulgaria to compensate Jallow and her daughter for violating their rights under CEDAW.It also recommended that the State Party adopt measures to ensure that women victims/survivors of domestic violence, including migrant women, have effective access to justice and other services (e.g., translation services). It also called on Bulgaria to provide regular training on CEDAW and the Optional Protocol and to adopt legislative and other measures to ensure that domestic violence is taken into account in the determination of custody and visitation rights of children.

%B C/52/D/32/2011 %I Committee on the Elimination of Discrimination against Women (CEDAW) %G eng %U http://www2.ohchr.org/english/law/jurisprudence.htm %0 Legal Rule or Regulation %D 2012 %T Case of J.S. v. the U.K %A CEDAW %X

http://www2.ohchr.org/english/law/jurisprudence.htm

CEDAW/C/53/D/38/2012

In 2012, the Committee on the Elimination of all forms of Discrimination Against Women considered J.S. v. the U.K. (C/53/D/38/2012 ). J.S. (“the author”) claims that he is a victim of discrimination of a continuous nature, because the revision of the 1948 British Nationality Act in 1981 and 2002 did not eliminate the discrimination against women. He claims that if he had been born of a father with United Kingdom and Colonies’ citizenship, or after 1983, he could have applied for a British passport.

The author claims that the Convention recognizes women’s autonomy and equality in the transfer and acquisition of nationality, and permits either spouse to confer nationality on their children. On the issue of nationality, the granting of equal rights to women requires having an independent nationality, regardless of the nationality of one’s husband, and granting equal rights regarding the nationality of children. States parties are also expected to uphold equal rights with regard to laws relating to the movement of persons and the freedom to choose one’s residence and domicile. They must also take measures to eliminate discrimination against women in matters relating to marriage and family relations, and ensure that overall equality between men and women exists. Any State which does not respect these provisions in practice and law fails in its duties under articles 1 and 2 of the Convention.

The author claims to be a victim of a violation of article 9 of the Convention. In substantiation, he refers to the Committee’s general recommendation No. 21 (1994) on equality in marriage and family relations (which emphasizes the importance of granting equal rights to women concerning acquisition and retention of citizenship. The author notes in particular that paragraph 6 of general recommendation No. 21 reads as follow: “Nationality is critical to full participation in society [...]. Without status as nationals or citizens, women are deprived of the right to vote or to stand for public office and may be denied access to public benefits and a choice of residence. Nationality should be capable of change by an adult woman and should not be arbitrarily removed because of marriage or dissolution of marriage or because her husband or father changes his nationality.”

%B C/53/D/38/2012 %I Committee on the Elimination of Discrimination against Women (CEDAW) %G eng %U http://www2.ohchr.org/english/law/jurisprudence.htm %0 Legal Rule or Regulation %D 2012 %T Case of Kell v. Canada %A CEDAW %X

http://www2.ohchr.org/english/law/jurisprudence.htm

CEDAW/C/51/D/19/2008

In 2012, the Committee on the Elimination of all forms of Discrimination Against Women considered Kell v. Canada (CEDAW/C/51/D/19/2008). In 1990, William Senych applied for housing without the knowledge of his common law partner, Cecilia Kell, an Aboriginal woman from the Rae-Edzo community in the Northwest Territories (NWT) of Canada. Senych’s application was denied because he was not a member of the Rae-Edzo community for which the housing was earmarked. On the advice of a Tenant Relations officer at the Rae-Edzo Housing Authority, Kell then applied for housing, listing Senych as her spouse. In 1991, the NWT Housing Corporation issued an Agreement for Purchase and Sale to Kell and Senych as co-owners of the property. Senych subjected Kell to domestic violence, including economic abuse, over the subsequent three-year period. In 1993, following a request from Senych and without Kell’s knowledge, the NWT Housing Corporation (on instruction from the Rae-Edzo Housing Authority) removed Kell’s name from the Assignment of Lease, the document that certified co-ownership. The removal had the effect of making Senych the sole owner of the property. Senych was a board member of the Housing Authority at the time of his request

In 1995, Senych changed the locks and denied Kell access to the property. He subsequently sought to evict her while she sought protection in a shelter Kell filed proceedings against Senych in the NWT Supreme Court seeking compensation for assault, battery, sexual assault, intimidation, trespass to chattels, loss of use of her home and consequential payment of rent and attendant expenses. She also filed a declaration that Senych had obtained the property fraudulently, aided and abetted by the NWT Government. Kell was assigned a legal aid lawyer, who advised her to comply with the letter of eviction and did not challenge the letter’s validity. Shortly thereafter, Senych was diagnosed with cancer at which time Kell’s lawyer advised her to delay proceedings. Senych later died, following which Kell’s lawyer initiated proceedings against his estate, the NWT Housing Corporation and another. A replacement legal aid lawyer added a claim for damages for assault and intimidation. In 1999, Senych’s estate and the Housing Corporation offered Kell a monetary settlement. During negotiations, Kell’s case was twice reassigned to new lawyers. Both insisted that Kell settle. She refused, however, as her key concern was regaining the property. Following her refusal, Kell’s lawyer ceased acting on her behalf. Kell’s case was only re-assigned to a new lawyer after she appealed to the Legal Services Board. The Supreme Court dismissed both proceedings for “want of prosecution”. Costs were imposed against Kell and subsequent appeals were unsuccessful. In 2004, Kell filed a third action related to her interest in and right to the leasehold title and possession of the property. The property had then been sold and the Court dismissed the matter.

Kell subsequently submitted a communication to the Committee on the Elimination of Discrimination against Women in which she claimed that Canada had violated articles 1, 2(d), 2(e), 14(2)(h), 15(1)-15(4), 16(1)(h) of the Convention on the Elimination of All Forms of Discrimination against Women. Kell claimed that Canada had allowed its agents – the NWT Housing Corporation and the Rae-Edzo Housing Authority – to discriminate against her on the grounds of sex, marital status and cultural heritage and had failed to ensure that its agents provide equal treatment to female housing applicants. Kell noted, in particular, Canada’s failure to prevent and remedy the fraudulent removal of her name from the Assignment of Lease and the failure to ensure that its agents afford women and men equal rights in respect of ownership, acquisition, management, administration and enjoyment of property.DV, sexual abuse

%B CEDAW/C/51/D/19/2008 %I Committee on the Elimination of Discrimination against Women (CEDAW) %G eng %U http://www2.ohchr.org/english/law/jurisprudence.htm %0 Legal Rule or Regulation %D 2012 %T Case of M. P. M. v. Canada %A Stewart Istvanffy %X

http://www2.ohchr.org/english/law/jurisprudence.htm

CEDAW/C/51/D/25/2010

M.P.M., a Mexican national, sought asylum in Canada in 2006.  M.P.M. claimed that she was entitled to asylum because she is a victim/survivor of domestic violence and was seeking to escape her abusive ex-husband, a Mexican police officer.

Canadian authorities dismissed M.P.M.’s claim on the basis that she had failed to establish that she was a refugee, within the meaning of the Convention relating to the Status of Refugees.  Authorities concluded that M.P.M. had falsely claimed to be a victim/survivor of domestic violence in order to obtain asylum in Canada and failed to provide credible and consistent evidence to support a claim of asylum.  An application for judicial review and a separate application for a pre-removal risk assessment were also dismissed. M.P.M. did not file an application to prevent her deportation on humanitarian and compassionate grounds because of the low success and cost of such applications.  In addition, she believed that Canadian authorities would dismiss such an application, since it would be based on the same arguments included in her previous unsuccessful applications. M.P.M. subsequently submitted a communication to the Committee on the Elimination of Discrimination against Women (Committee) in which she claimed, inter alia, that there were substantial grounds for believing that her life and safety were at real risk if deported to Mexico.  M.P.M. submitted that Canada had violated articles 2(c), 2(d) and 3 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) by discriminating against her in her asylum claim and failing to ensure equal protection of her rights.  In addition, she submitted that the failure of Canadian authorities to take her vulnerable situation fully into account constituted a violation of article 15 concerning equality in legal and civil matters.  M.P.M. also claimed that Canada had violated article 16 of equality in marriage and family relations, but she failed to identify the basis of that claim.

The Committee concluded that the communication was ill-founded and not sufficiently substantiated and, thus, declared it inadmissible under article 4(2)(c) of the Optional Protocol.  In doing so, it noted the voluntary return of M.P.M. to Mexico, her failure to explain her return to the Committee or follow-up her communication, the absence of any reports of violence since her return to Mexico, and her failure to provide new evidence to the Committee to substantiate her claim.  Having declared the communication inadmissible on this basis, the Committee declined to consider Canada’s other objections to the admissibility of the communication.

%B CEDAW/C/51/D/25/2010 %I Committee on the Elimination of Discrimination against Women (CEDAW) %G eng %U http://www2.ohchr.org/english/law/jurisprudence.htm %0 Legal Rule or Regulation %D 2012 %T Kell v. Canada %A CEDAW %X

http://www.bayefsky.com/docs.php/area/jurisprudence/treaty/cedaw/opt/0/node/4/filename/canada_t5_cedaw_19_2008

Kell submitted a communication to the Committee on the Elimination of Discrimination against Women in which she claimed that Canada had violated articles 1, 2(d), 2(e), 14(2)(h), 15(1)-15(4), 16(1)(h) of the Convention on the Elimination of All Forms of Discrimination against Women. Kell claimed that Canada had allowed its agents – the NWT Housing Corporation and the Rae-Edzo Housing Authority – to discriminate against her on the grounds of sex, marital status and cultural heritage and had failed to ensure that its agents provide equal treatment to female housing applicants. Kell noted, in particular, Canada’s failure to prevent and remedy the fraudulent removal of her name from the Assignment of Lease and the failure to ensure that its agents afford women and men equal rights in respect of ownership, acquisition, management, administration and enjoyment of property.

%B C/52/D/32/2011 %I Committee on the Elimination of Discrimination against Women %G eng %U http://www.bayefsky.com/docs.php/area/jurisprudence/treaty/cedaw/opt/0/node/4/filename/canada_t5_cedaw_19_2008 %0 Report %D 2012 %T Report of the Special Rapporteur on violence against women, its causes and consequences - Addendum - Mission to Jordan %A Rashida Manjoo %X

http://www.ohchr.org/EN/Issues/Women/SRWomen/Pages/AnnualReports.aspx  

In the link, find the report in the section: 2012, 20th Session HRC; Report: A/HRC/20/16/Add.1

This report contains the findings of the Special Rapporteur on violence against women, its causes and consequences, following her visit to Jordan from 11 to 24 November 2011.

In the report, the Special Rapporteur examines holistically the equality and non-discrimination rights of women, intimate partner violence, gender-motivated killings of women, and violence against migrant and refugee women.

She also discusses the State’s response to prevent such violence, to protect and provide remedies to women who have been subjected to such violence, and to prosecute and punish the perpetrators. 

%I United Nations OHCHR %G eng %U http://www.ohchr.org/EN/Issues/Women/SRWomen/Pages/AnnualReports.aspx %0 Government Document %D 2012 %T European Court – New Admissibility Criterion %X

http://www.echr.coe.int/Pages/home.aspx?p=caselaw/analysis&c=#n1347459030234_pointer

The purpose of the current overview is to set out the case-law principles for the new admissibility criterion under Article 35 § 3 (b), as developed by the Court during the first two years of its operation. It is to be recalled that application of the criterion was reserved exclusively to Chambers and the Grand Chamber1 from 1 June 2010 until 31 May 2012. In accordance with Article 20 of Protocol No. 14, the new provision began to apply to all applications pending before the Court, except those declared admissible.

 

%B European Court of Human Rights %G eng %U http://www.echr.coe.int/Pages/home.aspx?p=caselaw/analysis&c=#n1347459030234_pointer %0 Government Document %D 2012 %T European Court – References to Inter-American Court Case Law %X

http://www.echr.coe.int/Pages/home.aspx?p=caselaw/analysis&c=#n1347459030234_pointer

This document contains a table listing references that have been made in the judgments of the European Court to judgments of the Inter- American Court of Human Rights or the American Convention on Human Rights up to August 2012. The table covers references made in any part of the Court’s judgments (facts and law), including separate opinions of Judges. There are a total of 25 cases. 

%B European Court of Human Rights %G eng %U http://www.echr.coe.int/Pages/home.aspx?p=caselaw/analysis&c=#n1347459030234_pointer %0 Report %D 2012 %T Understanding and addressing violence against women: Intimate partner violence %X

http://www.who.int/reproductivehealth/topics/violence/vaw_series/en/

Intimate partner violence is one of the most common forms of violence against women and includes physical, sexual, and emotional abuse and controlling behaviours by an intimate partner. Intimate partner violence (IPV) occurs in all settings and among all socioeconomic, religious and cultural groups. The overwhelming global burden of IPV is borne by women. Although women can be violent in relationships with men, often in self-defense, and violence sometimes occurs in same-sex partnerships, the most common perpetrators of violence against women are male intimate partners or ex-partners. By contrast, men are far more likely to experience violent acts by strangers or acquaintances than by someone close to them. 

%I WHO %G eng %U http://www.who.int/reproductivehealth/topics/violence/vaw_series/en/ %0 Report %D 2012 %T Handbook for Legislation on Violence against Women %X

http://www.unwomen.org/en/digital-library/publications/2012/12/handbook-for-legislation-on-violence-against-women#view

The Handbook serves as a useful tool in supporting efforts to provide justice, support, protection and remedies to victims and to hold perpetrators accountable.

The Handbook first outlines the international and regional legal and policy frameworks which mandate States to enact and implement comprehensive and effective laws to address violence against women. It then presents a model framework for legislation on violence against women, divided into fourteen chapters. Finally, the Handbook provides users with a checklist of considerations to be kept in mind when drafting legislation on violence against women.

This Handbook intends to provide all stakeholders with detailed guidance to support the adoption and effective implementation of legislation which prevents violence against women, punishes perpetrators, and ensures the rights of survivors everywhere.

%B UN Women %I United Nations Entity for Gender Equality and the Empowerment of Women %G eng %U http://www.unwomen.org/en/digital-library/publications/2012/12/handbook-for-legislation-on-violence-against-women#view %0 Government Document %D 2012 %T AICHR: What You Need To Know %X

http://aichr.org/documents/

For over four decades since its establishment, ASEAN as an intergovernmental organization has always endeavored towards improving the lives of the peoples in the region, particularly in the economic, political security and socio-cultural aspects. To further ensure the wellbeing of the ASEAN people, ASEAN decided to have its own regional human rights body, which reflects ASEAN's strong commitment to the promotion and protection of human rights and fundamental freedoms.

Human rights are an integral part of the ASEAN Community and are reflected in both the ASEAN Charter (Article 1.7, 2.2.i, and 14), and the ASEAN Political-Security Blueprint (Section A. 1.5). The ASEAN Intergovernmental Commission on Human Rights (AICHR) and the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC) were established in 2009 and 2010 respectively. The establishment of the AICHR presents to the region and the global community ASEAN's strong commitment to the promotion and protection of human rights and fundamental freedoms. The AICHR will set the tone for cooperation in human rights promotion and protection in ASEAN. The AICHR is the overarching body with a cross-cutting mandate that handles matters related to human rights cooperation with other ASEAN Bodies, external partners and stakeholders. 

 

Yet how many people within the ASEAN region know of the AICHR's existence? And how many are aware of how the AICHR came about and what mandate it holds? This booklet is intended to provide quick facts regarding the AICHR and the development of human rights in the ASEAN region. 

%B Association of South East Asian Nations %G eng %U http://aichr.org/documents/ %0 Government Document %D 2012 %T ASEAN Human Rights Declaration %X

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.

%B Association of Southeast Asian Nations %G eng %U http://aichr.org/documents/ %0 Government Document %D 2012 %T Guidelines on the Operations of AICHR %X

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:

%B Association of Southeast Asian Nations %G eng %U http://aichr.org/documents/ %0 Government Document %D 2012 %T Phnom Penh Statement on the Adoption of the ASEAN Human Rights Declaration (AHRD) %X

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;

%B Association of Southeast Asian Nations %G eng %U http://asean.org/2012/11/?cat=21 %0 Journal Article %J American University Journal of Gender, Social Policy and the Law %D 2012 %T Judicial Developments in the Application of International Law to Domestic Violence %A Benedetta Faedi Duramy %X

http://digitalcommons.wcl.american.edu/jgspl/vol21/iss2/6/

This Article explains the development of a new judicial trend towards states' positive obligation to protect victims of domestic abuse. This Article also investigates the standard of due diligence for state liability, and suggests universal criteria according to which international law should apply to domestic violence as a human rights violation.

%B American University Journal of Gender, Social Policy and the Law %V 21 %P 413-436 %G eng %U http://digitalcommons.wcl.american.edu/jgspl/vol21/iss2/6/ %N 2 %0 Report %D 2012 %T The Istanbul Convention and the CEDAW framework: A comparison of measures to prevent and combat violence against women %X

http://www.coe.int/en/web/genderequality/violence-against-women

Located under "Information About the Instanbul Convention."

 

The Istanbul Convention codifies established standards, jurisprudence and developments at international level, as well as best practice at national level, thereby lending them more weight and ensuring their wider application. Drawing in particular on the framework of measures of the Convention on the Elimination of All forms of Discrimination against Women (CEDAW) and case law developed by the CEDAW Committee, it is firmly based on the premise that violence against women cannot be eradicated without investing in gender equality and that in turn, only real gender equality and a change in attitudes can truly prevent such violence.

The following tables describe the manner in which the Istanbul Convention builds on the three sources that constitute the CEDAW framework: the Convention, General Recommendations and case law. The tables also show how the Istanbul Convention complements these instruments by establishing a more detailed catalogue of legally-binding obligations to prevent and respond to violence against women. The tables do not however contain a detailed explanation of the extensive list of obligations under the Istanbul Convention. 

%I Council of Europe %G eng %U http://www.coe.int/en/web/genderequality/violence-against-women %0 Journal Article %J UN Assistance Mission in Afghanistan (UNAMA) %D 2012 %T Still a Long Way to Go: Implementation of the Law on Elimination of Violence against Women in Afghanistan %X

http://unhcr.org.ua/attachments/article/818/UNAMA%20report_women%20AFG_2012.pdf

"Implementation of the Elimination of Violence against Women law in Afghanistan, December 2012"

Periodic evaluation of progress on implementation of the Law on Elimination of Violence against Women, reinforced in the June 2012 Tokyo Mutual Accountability Framework, is imperative in view of the widespread occurrence of violence against women in Afghanistan and resistance to women’s rights at various levels of Afghan society. Harmful practices and violence against women in Afghanistan have long prevented women from participating in public life and blocked their voices from being heard in decision-making and political forums. Progress in implementing the EVAW law can contribute to enabling women to play a meaningful and crucial role in the country’s current peace and reconciliation processes. The United Nations has repeatedly stressed the imperative of ensuring equal participation of women and their full involvement in all efforts to achieve durable peace and security, and the need to increase women’s role in decision-making and in conflict prevention and resolution.

This report examines implementation of the Law on Elimination of Violence against Women (EVAW law) by judicial and law enforcement officials for the period October 2011 to September 2012 and identifies the many challenges Afghan women still face in accessing justice. The analysis is based on information gathered from 22 of Afghanistan’s 34 provinces and highlights the reporting, registration and judicial process followed under the EVAW law and the Penal Code by the Afghan National Police (ANP), prosecutor’s offices and primary courts in a representative sample of violence against women incidents. From 16 provinces, UNAMA gathered and analyzed more detailed data from police, prosecutors and courts on cases processed using the EVAW law. The report also highlights the crucial role and work of provincial departments of women’s affairs and commissions on elimination of violence against women. This report updates earlier findings on the law’s implementation in UNAMA’s November 2011 report A Long Way to Go: Implementation of the Elimination of Violence against Women Law in Afghanistan.

 

%B UN Assistance Mission in Afghanistan (UNAMA) %G eng %U http://unhcr.org.ua/attachments/article/818/UNAMA%20report_women%20AFG_2012.pdf %0 Journal Article %J Organization of American States %D 2012 %T Second Hemispheric Report on the Implementation of the Belem do Para Convention %X

http://www.oas.org/en/mesecvi/hemisphericreports.asp

Second Hemispheric Report on on the Implementation of the Belém do Pará Convention (MESECVI, 2012)

The Second Hemispheric Report reviews the progress made by the States Party in their implementation of the Belém do Pará Convention, as well as the significant challenges that remain in the region in terms of a timely, appropriate and effective response to acts of violence against women, from a perspective of human rights.

The Report consolidates the results and recommendations from the 28 national reports presented to the MESECVI during the Second Multilaterial Evaluation Round, and offers a comparative overview of the progress made between the First and Second Rounds.

%B Organization of American States %G eng %U http://www.oas.org/en/mesecvi/hemisphericreports.asp %0 Journal Article %J WHO %D 2012 %T WHO Intimate Partner Violence Overview %X

http://www.who.int/reproductivehealth/publications/violence/rhr12_36/en/

WHO and PAHO have developed a series of information sheets on violence against women that summarizes what is known about the prevalence, patterns, consequences, risk factors and strategies to address the different forms of VAW. This series is for programme managers, practitioners, researchers, policy-makers and others working in a wide range of sectors and in every country.

%B WHO %G eng %U http://www.who.int/reproductivehealth/publications/violence/rhr12_36/en/ %0 Journal Article %J Association of Southeast Asian Nations %D 2012 %T ASEAN Human Rights Declaration %X

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.

%B Association of Southeast Asian Nations %G eng %U http://www.asean.org/storage/images/ASEAN_RTK_2014/6_AHRD_Booklet.pdf %0 Journal Article %J Feminisms, Democritization, and Radical Democracy %D 2011 %T Women on the Move for Gender Equality in the Maghreb %A Dr. Khedija Arfaoui %X

This research paper intends to analyze the impact on their society at large of democratization of women’s roles at home and at the workplace. Because it is important to know the past in order to understand the present, the status of women in the Maghreb countries in the pre-independence era will be presented. But the major part of the research will begin in the 1980s with the early autonomous feminist wave and continues until the present: the first decade of the 2000s.

Several international instruments have provided for women’s equality, but it was at the 1993 Vienna Conference that women’s rights became an integral part of human rights, highlighting the issue of violence against women. However, in spite of progress since then, in particular during the last few decades, women are still far from having reached the equality they have been striving for. Increased information being transmitted via the media, but also via the work done by female activists, together with increased education have led to sweeping social changes, creating awareness among women. As a result, women are increasingly breaking the taboos that used to keep them silent and submissive and are asking for help at the centers ready to aid them find solutions to their problems of violence.

%B Feminisms, Democritization, and Radical Democracy %P 85-115 %G eng %0 Journal Article %J manavi %D 2011 %T An Introduction to Forced Marriage in the South Asian Community in the United States %A Debjani Roy %X

http://preventforcedmarriage.org/resources/an-introduction-to-forced-marriage-in-the-south-asian-community-in-the-united-states/

The practice of Forced Marriage, where one or both persons involved are coerced through pressure or abuse to consent to a marriage against their will, has been widely addressed in places such as the United Kingdom, but it has only recently begun to enter the framework of women’s rights advocacy work here in the United States. I am an Advocate at Manavi, a New Jersey-based South Asian1 women’s rights organization (SAWO) who has been trained on the issue of forced marriage in the UK. In this position, I have observed that in the US we are only beginning to understand what this practice is, what populations it affects, how prevalent it is and how we can effectively respond to this form of violence against women and girls so as to ensure the safety and well-being of those subjected to it. In June 2010, for the purposes of this paper, I conducted a 10-question web-based survey amongst frontline advocates at 25 SAWOs across the US. The responses I received from the survey, in addition to the cases emerging through Manavi’s advocacy work, con rms that forced marriages are happening in South Asian communities in the US. As frontline, grassroots advocates and activists in the South Asian community, we have witnessed a recent increase in reported cases even though this harmful traditional practice has been happening for many years. 

%B manavi %G eng %U http://preventforcedmarriage.org/resources/an-introduction-to-forced-marriage-in-the-south-asian-community-in-the-united-states/ %N 9 %0 Report %D 2011 %T Forced Marriage in Immigrant Communities in the United States %X

http://www.tahirih.org/pubs/forced-marriage-in-immigrant-communities-in-the-united-states/

Forced marriage is a serious problem in the United States today, with as many as 3,000 known and suspected cases identified in just two years by respondents of Tahirih Justice Center survey. The fact that potentially thousands of young women and girls from immigrant communities may face forced marriages each year in the United States is alarming and demands attention. 

%I Tahirih Justice Center %G eng %U http://www.tahirih.org/pubs/forced-marriage-in-immigrant-communities-in-the-united-states/ %0 Journal Article %J Aggression and Violent Behavior %D 2011 %T Evaluating domestic violence support service programs: Waste of time, necessary evil, or opportunity for growth? %A Cris M Sullivan %X

http://www.sciencedirect.com/science/article/pii/S1359178911000607

*The full article is available through this link. This article may be available free of charge to those with university credentials.

More and more funders of non-profit organizations are mandating that grantees engage in outcome evaluation. Given that this mandate is rarely accompanied by additional funding to devote to such efforts, as well as the limited skills many staff have in conducting outcome evaluation, this has been a significant hardship for human service programs. Domestic violence victim service programs have additional barriers to evaluating service effectiveness, including: (1) each survivor1 comes to the program with different needs and life circumstances; (2) there is debate about which ‘outcomes’ are appropriate for these programs to accomplish; (3) many service clients are anonymous or engage in very short-term services; and (4) surveying survivors can compromise their safety or comfort. Some programs, therefore, resist evaluating their services (which can compromise their funding) while others engage in evaluations that can compromise their integrity or values. Others, however, see outcome evaluation as an opportunity for growth and improvement. Evidence is provided that, if done appropriately and sensitively, outcome evaluation can be incorporated into ongoing staff activities, can provide evidence for program effectiveness, and can improve services for survivors of intimate partner abuse.

%B Aggression and Violent Behavior %V 16 %P 354-360 %G eng %U http://www.sciencedirect.com/science/article/pii/S1359178911000607 %N 4 %0 Journal Article %J Child and Adolescent Mental Health %D 2011 %T Relationships Between Physical and Non-Physical Forms of Intimate Partner Violence and Depression among Urban Minority Adolescent Females %A Anne Teitelman %A Sarah J Ratcliffe %A Cris M Sullivan %A Catherine C McDonald %A Bridgette M Brawner %X

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3100197/

*The full article is available through this link. This article may be available free of charge to those with university credentials.

Background

Little is known about intimate partner violence (IPV) and depression among low income, urban African American and Hispanic adolescent females.

Method

Interviews with 102 urban African American and Hispanic adolescent females examined physical abuse, emotional/verbal abuse, and threats, and their unique and combined associations with depression.

Results

One-quarter of the sample experienced all three types of abuse. Non-physical forms of IPV were significantly associated with depression.

Conclusions

Some urban adolescent females from lower income households experience high rates of IPV. Physical and non-physical forms of IPV are important in understanding and responding to depression in this population.

%B Child and Adolescent Mental Health %V 16 %P 92-100 %G eng %U http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3100197/ %N 2 %0 Journal Article %J American Journal of Community Psychology %D 2011 %T The impact of neighborhood factors on the well-being of survivors of intimate partner violence over time. %A Marisa L Beeble %A Cris M Sullivan %A Deborah Bybee %X

http://www.ncbi.nlm.nih.gov/pubmed/21184171

Intimate partner violence (IPV) is a pervasive social problem impacting the psychological well-being of millions of US women annually. The extant literature draws our attention to the devastating mental health effects of IPV, but largely overlooks how ecological factors may further explain survivors' well-being. This study examined how neighborhood disadvantage may contribute to survivors' compromised well-being, in addition to the abuse women experienced. Neighborhood disorder and fear of victimization significantly impacted survivors' well-being, over and above abuse. Although between-women effects of neighborhood disorder and fear were unrelated to change in women's depression or quality of life (QOL), significant within-woman effects were detected. Change in neighborhood disorder was negatively associated with change in QOL, and this relationship was fully mediated by fear. While no direct relationship between change in neighborhood disorder and depression was detected, an indirect effect through survivors' fear was revealed. Implications for future research and practice are discussed.

%B American Journal of Community Psychology %I American Journal of Psychology %V 47 %P 287-306 %G eng %U http://www.ncbi.nlm.nih.gov/pubmed/21184171 %N 3-4 %0 Report %D 2011 %T Opinion 1 on the draft Council of Europe Convention on preventing and combating violence against women and domestic violence %X

http://assembly.coe.int/nw/xml/XRef/Xref-DocDetails-EN.asp?fileid=17971&lang=EN&search=MjgwfHR5cGVfc3RyX2VuOk9waW5pb24=

The Parliamentary Assembly has consistently, repeatedly and forcefully condemned violence against women as one of the most serious violations of human rights in Europe, finding its roots in unequal power relations between women and men and discrimination against women. The Assembly, therefore, warmly welcomes the draft Council of Europe convention on preventing and combating violence against women and domestic violence, as the first international binding instrument specifically devoted to this issue and as an important step forward in the promotion of substantive equality between women and men. 

%I Parliamentary Assembly of the Council of Europe %G eng %U http://assembly.coe.int/nw/xml/XRef/Xref-DocDetails-EN.asp?fileid=17971&lang=EN&search=MjgwfHR5cGVfc3RyX2VuOk9waW5pb24= %0 Report %D 2011 %T Opinion 2 on the draft Council of Europe Convention on preventing and combating violence against women and domestic violence %A Jose Mendes Bota %X

http://assembly.coe.int/nw/xml/XRef/Xref-DocDetails-EN.asp?fileid=13128&lang=EN&search=MTI1MzB8Y29ycHVzX25hbWVfZW46Ik9mZmljaWFsIGRvY3VtZW50cyI=

The Parliamentary Assembly has consistently, repeatedly and forcefully condemned violence against women as one of the most serious violations of human rights in Europe, finding its roots in unequal power relations between women and men and discrimination against women.

The Assembly, therefore, warmly welcomes the draft Council of Europe Convention on preventing and combating violence against women and domestic violence, as the first international binding instrument specifically devoted to this issue and as an important step forward in the promotion of substantive equality between women and men.

While supporting this draft convention, the Committee on Equal Opportunities for Women and Men wishes to propose amendments, with a view to further strengthening the standards set out in the text. 

%I Parliamentary Assembly of the Council of Europe %G eng %U http://assembly.coe.int/nw/xml/XRef/Xref-DocDetails-EN.asp?fileid=13128&lang=EN&search=MTI1MzB8Y29ycHVzX25hbWVfZW46Ik9mZmljaWFsIGRvY3VtZW50cyI= %0 Report %D 2011 %T Time To Take A Stand: Amnesty International Opposes Amendments That Will Weaken The Council Of Europe Treaty On Violence Against Women %X

https://www.amnesty.org/en/documents/ior61/004/2011/en/

On International Women’s Day 2011, Amnesty International expressed its profound concerns at last minute efforts by some Council of Europe member states to unravel key provisions in a new European treaty on violence against women. This treaty is known as the Council of Europe’s Draft Convention on preventing and combating violence against women and domestic violence. Amnesty International is therefore urging all states in the Council of Europe to oppose any attempts to re-open and undermine the existing draft treaty.

%B Amnesty International %I Amnesty International %G eng %U https://www.amnesty.org/en/documents/ior61/004/2011/en/ %0 Report %D 2011 %T WAVE welcomes landmark European Convention on preventing and combating violence against women and domestic violence %X

http://test.wave-network.org/content/wave-press-releases

Can be found under 2011-- PR: May 6, 2011: WAVE welcomes landmark European Convention on preventing and combating violence against women and domestic violence

The European Network Women against Violence Europe (WAVE) welcomes the newly adopted Council of Europe Convention which is the first legally binding European human rights instrument for the prevention, investigation and prosecution of violence against women. It is a success for women’s activists across Europe who have been active in combating violence against women for many years. 

 

%I European Network Women Against Violence Europe (WAVE) %G eng %U http://test.wave-network.org/content/wave-press-releases %0 Report %D 2011 %T Technical note: Violence against Women in Latin America %X

http://www.oas.org/en/mesecvi/library.asp#otros

This series of technical briefs presents a brief summary of the achievements, challenges and opportunities in the implementation of the Belém do Pará Convention, both in general terms and in specific areas.

%B OAS - Organization of American States %I OAS - Organization of American States %P 14 %G eng %U http://www.oas.org/en/mesecvi/library.asp#otros %0 Report %D 2011 %T National Data on Intimate Partner Violence %X

https://www.cdc.gov/violenceprevention/nisvs/specialreports.html

 

Select Full Report in: NISVS 2010 Report on Intimate Partner Violence

This data sheet contains selected, recent, national statistics related to intimate partner violence (IPV) – violence by current and former spouses, dating partners and cohabiting partners. All statistics are rounded to the nearest whole percent. Most of the statistics come from government sources; some are from research studies and summary reports generated by non-profit groups. OPDV also keeps a regularly updated list of relevant national statistical reports.

%I Office for the Prevention of Domestic Violence - New York %G eng %U https://www.cdc.gov/violenceprevention/nisvs/specialreports.html %0 Report %D 2011 %T Judgments of the Inter-American Court %X

http://www.oas.org/en/iachr/women/decisions/ia_court_hr.asp

A list of judgments made by the OAS on human rights cases. 

%B Organization of American States %I Organization of American States %G eng %U http://www.oas.org/en/iachr/women/decisions/ia_court_hr.asp %0 Report %D 2011 %T National Intimate Partner and Sexual Violence Survey: 2010 Summary Report %X

https://www.cdc.gov/violenceprevention/nisvs/summaryreports.html

 

Please click "Full Report" on the page in order to view the document.

 

Published in 2011, the NISVS 2010 Summary Report presents data on the national prevalence of IPV, SV, and stalking among women and men in the United States. The 2010 survey is the first year of the survey and provides baseline data that will be used to track IPV, SV, and stalking trends.

%I Centers for Disease Control and Prevention and the National Center for Injury Prevention %G eng %U https://www.cdc.gov/violenceprevention/nisvs/summaryreports.html %0 Report %D 2011 %T Report of the Special Rapporteur on violence against Women, its causes and consequences: Mission to the United States of America, 2011 %A Rashida Manjoo %X

http://www.ohchr.org/EN/Issues/Women/SRWomen/Pages/AnnualReports.aspx

2011 Addendum - Mission to the United States of America

The Special Rapporteur on violence against women, its causes and consequences visited the United States of America from 24 January to 7 February 2011. In the present report, she broadly examines the situation of violence against women in the country, including such issues as violence in custodial settings, domestic violence, violence against women in the military and violence against women who face multiple, intersecting forms of discrimination, particularly native American, immigrant and African-American women. The Special Rapporteur highlights the positive legislative and policy initiatives undertaken by the Government to reduce the prevalence of violence against women, including the enactment and subsequent reauthorizations of the Violence against Women Act, and the establishment of dedicated offices on violence against women at the highest level of the Executive. The Violence against Women Act has steadily expanded funding to address domestic violence and, with each reauthorization, has included historically underserved groups. 

%I United Nations General Assembly %G eng %U http://www.ohchr.org/EN/Issues/Women/SRWomen/Pages/AnnualReports.aspx %0 Report %D 2011 %T Violence Against Women in the United States and the State's Obligation to Protect %X

http://www.bwjp.org/resource-center/resource-results/violence-against-women-in-the-united-states-and-the-state-s-obligation-to-protect.html

Access document under "Download Resource" button

Despite legal and policy measures designed to protect victims, domestic violence remains a pervasive rights violation in the United States. Legal and policy developments in the criminal justice system over the past few decades have improved the protection scheme for victims of domestic violence, including the availability of civil protection orders, mandatory arrest laws for abusers and mandatory prosecution policies. However, these measures are not uniformly applied and can create additional problems for victims from marginalized populations. Domestic violence is greatly influenced by contextual factors such as poverty, legal status or residence.

%I Center for Reproductive Rights %G eng %U http://www.bwjp.org/resource-center/resource-results/violence-against-women-in-the-united-states-and-the-state-s-obligation-to-protect.html %0 Report %D 2011 %T "How Come You Allow Little Girls to Get Married?" - Child Marriage in Yemen %A Nadya Khalife %X

https://www.hrw.org/report/2011/12/07/how-come-you-allow-little-girls-get-married/child-marriage-yemen

The political turmoil that has swept Yemen since early 2011 has overshadowed the plight of child brides such as Reem, as thousands of protesters took to the streets to demand the end of President Ali Abdullah Saleh’s 33-year rule, and security forces responded with excessive and deadly force. But, while the focus of attention both inside and outside of Yemen is understandably the political future of the country, following President Saleh’s agreement in November to cede power before elections in February, child marriages and other discrimination against women and girls in Yemen continue unabated. And while the president’s resignation topped the list of most protestors’ demand, many young demonstrators especially are calling for a wide range of reforms, including measures to guarantee equality between women and men, and an end to child marriage.

%I Human Rights Watch %G eng %U https://www.hrw.org/report/2011/12/07/how-come-you-allow-little-girls-get-married/child-marriage-yemen %0 Report %D 2011 %T Regional Overview for the Middle East and North Africa, MENA Gender Equality Profile %X

http://www.unicef.org/gender/gender_62215.html

To view this report, please click the document "Regional Overview for the Middle East and North Africa."

In 2011 the Middle East and North African Regional Office (MENARO) developed Gender Equality Profiles for all the countries in the MENA Region. The objective of the MENA gender equality profiles is to provide user-friendly, summary information on the status and situation of girls and women for all countries in the Middle East and North Africa Region.

%I UNICEF %G eng %U http://www.unicef.org/gender/gender_62215.html %0 Report %D 2011 %T “He Loves You, He Beats You” - Family Violence in Turkey and Access to Protection %X

http://www.hrw.org/reports/2011/05/04/he-loves-you-he-beats-you

This report documents brutal and long-lasting violence against women and girls by husbands, partners, and family members and the survivors’ struggle to seek protection. Turkey has strong protection laws, setting out requirements for shelters for abused women and protection orders. However, gaps in the law and implementation failures by police, prosecutors, judges, and other officials make the protection system unpredictable at best, and at times downright dangerous.

%I Human Rights Watch %G eng %U http://www.hrw.org/reports/2011/05/04/he-loves-you-he-beats-you %0 Journal Article %J Journal of Politics and Law %D 2011 %T Comparative Evaluation of the Challenges of African Regional Human Rights Courts %A Timothy Fwa Yerima %X

http://ccsenet.org/journal/index.php/jpl/article/view/11999

Recent developments in Africa have witnessed the establishment of African Court of Human Rights and African Court of Justice; and the eventual merger of the two Courts as the African Court of Justice and Human Rights. The Courts were established to compliment the protective mandate of African Commission on Human Rights. The establishment of African Human Rights Courts has catapulted scholars into considering whether the option is better for African human rights system or whether it was taken impetuously.  The question is imperative in view of the problems that besiege the African Commission. This article considers the foreseeable hurdles that the African Court of Human Rights and the merged Court are likely to face.  It points out that the African human rights system was built on a shaky foundation and suggests ways for revamping the system.

%B Journal of Politics and Law %V 4 %P 120-127 %G eng %U http://ccsenet.org/journal/index.php/jpl/article/view/11999 %N 2 %0 Government Document %D 2011 %T 2011 Department of State Trafficking in Persons Country Narratives %X

http://www.state.gov/j/tip/rls/tiprpt/2011/index.htm

Remarks from Hillary Clinton on the release of the report: Every year, we come together to release this report, to take stock of our progress, to make suggestions, and to refine our methods. Today, we are releasing a new report that ranks 184 countries, including our own. One of the innovations when I became Secretary was we were going to also analyze and rank ourselves, because I don’t think it’s fair for us to rank others if we don’t look hard at who we are and what we’re doing. This report is the product of a collaborative process that involves ambassadors and embassies and NGOs as well as our team here in Washington. And it really does give us a snapshot about what’s happening. It shows us where political will and political leadership are making a difference.

%B US Department of State %G eng %U http://www.state.gov/j/tip/rls/tiprpt/2011/index.htm %0 Report %D 2011 %T Everyday Equality %A Naina Kapur %X

http://asiapacific.unwomen.org/en/digital-library/publications/2011/12/everyday-equality#view

This report tracks the progress made by women in South Asia in areas such as violence against women, and economic empowerment. This was the base document for the Seventh South Asia Regional Ministerial Conference in October 2010. 

%B UN Women: Asia and the Pacific %I United Nations Development Fund for Women (part of UN Women) South Asia %G eng %U http://asiapacific.unwomen.org/en/digital-library/publications/2011/12/everyday-equality#view %0 Web Page %D 2011 %T Violence against women: an urgent public health priority %A Claudia Garcia-Moreno %A Charlotte Watts %X

http://www.who.int/bulletin/volumes/89/1/10-085217/en/

Addressing violence against women is central to the achievement of Millennium Development Goal (MDG) 3 on women's empowerment and gender equality, as well as MDGs 4, 5 and 6. It is also a peace and security issue. In spite of this recognition, investment in prevention and in services for survivors remains woefully inadequate.

%B World Health Organization %G eng %U http://www.who.int/bulletin/volumes/89/1/10-085217/en/ %0 Report %D 2011 %T Council of Europe Convention on preventing and combating violence against women and domestic violence %X

http://www.coe.int/en/web/istanbul-convention/text-of-the-convention

Stalking, sexual harassment, sexual violence and rape, physical, sexual and psychological abuse at the hands of intimate partners, forced marriage, and forced sterilisation are deeply traumatising acts of violence. The overwhelming majority of victims are women. Adding female genital mutilation and forced abortion as forms of violence that only women can be subjected to, shows the shocking level of diversity in cruel and degrading behaviour that women experience. If we consider the fact that most violence is carried out by men, it is just a small step to understanding that violence against women is structural violence – violence that is used to sustain male power and control. This is even more obvious if we look at the patchy attempts of the police, courts and social services to help women victims which is seen in many countries across the world. 

The Council of Europe Convention on preventing and combating violence against women and domestic violence is based on the understanding that violence against women is a form of gender-based violence that is committed against women because they are women. It is the obligation of the state to fully address it in all its forms and to take measures to prevent violence against women, protect its victims and prosecute the perpetrators. Failure to do so would make it the responsibility of the state. The convention leaves no doubt: there can be no real equality between women and men if women experience gender-based violence on a large-scale and state agencies and institutions turn a blind eye. 

Because it is not only women who suffer domestic violence, parties to the convention are encouraged to apply the protective framework it creates to men, children and the elderly who are exposed to violence within the family or domestic unit. Still, it should not be overlooked that the majority of victims of domestic violence are women and that domestic violence against them is part of a wider pattern of discrimination and inequality.

%B Council of Europe %I Council of Europe %G eng %U http://www.coe.int/en/web/istanbul-convention/text-of-the-convention %0 Report %D 2011 %T Rape and sexual violence: Human rights law and standards in the International Criminal Court %X

https://www.amnesty.org/en/documents/IOR53/001/2011/en/

This document identifies how the crimes of rape and sexual violence must, as a requirement of its own statute and a matter of international human rights law, be interpreted and applied with equality between men and women by the International Criminal Court (the Court). The Court has yet to rule on this matter in its jurisprudence.

Such incorporation of human rights law and standards in the prosecution of rape and sexual violence should be undertaken by other international courts, as well as national courts, in order to discharge states’ duties under treaty and customary law.

In order to incorporate human rights law and standards in its practice, the Court’s interpretation of the definition of the crimes should address the behaviour and actions of the perpetrator, and how this affects the victim’s ability to exercise free and genuine choice, that is, to enjoy his or her human right to physical and mental integrity and sexual autonomy, without discrimination. The Court’s deliberation should not just address the victim’s purported ‘consent’ in isolation.

Human rights law and standards requires that investigations and prosecutions of the crimes of rape and sexual violence must be undertaken with careful attention given to the task of challenging stereotypes, which tend to undermine women’s equality before the law. The integrity of investigations and prosecutions should not be tainted by stereotypical assumptions, including assumptions about sexual violence towards men and boys, as well as towards women and girls.

%B amnesty.org %I Amnesty International %C London, UK %8 2011 %G eng %U https://www.amnesty.org/en/documents/IOR53/001/2011/en/ %0 Legal Rule or Regulation %D 2011 %T Case of Izevbekhai and Others v. Ireland %X

http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"fulltext":["IZEVBEKHAI"],"documentcollectionid2":["JUDGMENTS","DECISIONS"]}

The Applicants were a mother and two daughters who arrived in Ireland in January 2005. Mrs. Izevbekhai applied for declarations of refugee status on her own behalf and on behalf of her daughters. The basis of her claim for refugee status was that she was in fear for her own life and the lives of her daughters if they were returned to Nigeria, as a result of threats from the family of her husband to carry out female genital mutilation on her daughters. She claimed that an elder daughter had died in Nigeria as a result of complications arising from female genital mutilation. The Applicants’ applications for refugee status in Ireland were refused, and they made representations to the Minister for leave to remain temporarily in the State. These representations were rejected and the Minister made deportation orders in respect of all three Applicants in November 2005. Mrs. Izevbekhai went into hiding and her children were taken into care by the HSE. She was later apprehended by Gardaí and placed in detention. The Applicants obtained the leave of the High Court (McKechnie J.) to challenge the deportation orders by way of judicial review but the substantive applications were refused by the High Court (Feeney J.) in January 2008. In March 2008, the Applicants made applications to the Minister for subsidiary protection pursuant to the European Communities (Eligibility for Protection) Regulations (S.I. No. 518) 2006. The Minister refused to consider their applications for subsidiary protection because the deportation orders had been made before the coming into force of the Regulations. In an earlier case (N.H and T.D. v. Minister for Justice and Law Reform [2007] IEHC 277) the courts had identified a discretion on the part of the Minister to accept such late applications, but the Minister refused to exercise this discretion in favour of the Applicants. In March 2008 the High Court (Edwards J.) granted to the Applicants leave to apply for judicial review of the Minister's decision. In January 2009, the High Court (McGovern J.) delivered judgment on the substantive application for judicial review, and held that the Minister had acted properly. The Applicants appealed this decision to the Supreme Court.

In the meantime, the Minister’s officials reopened their investigations into Ms Izevbekhai’s claims about the death of her eldest daughter in Nigeria. The Minister concluded that the documents relied upon by Ms Izevbekhai in support of her claim were forgeries and that no such child had ever existed. Affidavits to this effect were filed in the Supreme Court.

Following the hearing on the preliminary issue of whether the Minister had jurisdiction to entertain the application for subsidiary protection, the Supreme Court found that he had no discretion to do so. Consequently, the substantive appeal did not proceed and thus no findings were made by the Supreme Court as regards the Minister’s allegations of forgery.

The Applicants took their case to the ECHR and complained under Article 3 that there was a real risk that the minor Applicants would be exposed to FGM if they were expelled to Nigeria. They also invoked Articles 6, 13 and 14 of the Convention about the domestic remedies available to them in that respect. The ECHR found that the information presented by the Government with respect to the documents relied upon by Ms Izevbekhai gave strong reasons to question the veracity of the Applicants’ core factual submission concerning the death of a child in Nigeria as a result of FGM. The Court considered the Applicants’ response to the core issue of credibility to be unsatisfactory.

%I European Court of Human Rights %G eng %U http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"fulltext":["IZEVBEKHAI"],"documentcollectionid2":["JUDGMENTS","DECISIONS"]} %0 Legal Rule or Regulation %D 2011 %T Case of Omeredo v. Austria %X

http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"fulltext":["OMEREDO%20v.%20AUSTRIA"],"documentcollectionid2":["JUDGMENTS","DECISIONS"]}

Facts – The applicant fled Nigeria in May 2003 and applied for asylum in Austria on the grounds that she was at risk of female genital mutilation (FGM) in her own country. The Federal Asylum Office rejected her request after finding that, even though her statements were credible, she had the alternative of living in another province of Nigeria where FGM was prohibited by law. The applicant lodged a complaint against that decision with the asylum court, but it was ultimately rejected. The Constitutional Court declined to examine the question after finding that it did not raise any issue of constitutional law. In her application to the European Court, the applicant complained under Article 3 of the Convention that she ran the risk of being subjected to FGM if expelled to Nigeria and that relying on an internal flight alternative and moving to another part of Nigeria as a single woman without her family to help her would also violate her rights under that provision.

Law – Article 3: It was not in dispute that subjecting any person, child or adult, to FGM would amount to ill-treatment contrary to Article 3 (see also Izevbekhai and Others v. Ireland (dec.), no. 43408/08, 17 May 2011). The Court noted, however, that while the domestic authorities had found that the applicant’s fear of being forced to undergo FGM in Nigeria was well-founded they considered that she disposed of an internal flight alternative within the country. The Court therefore had to assess the applicant’s personal situation in Nigeria. The applicant, who was thirty-seven years old, had obtained school education for at least thirteen years and had worked as a seamstress for eight years. While it might be difficult for her to live in Nigeria as an unmarried woman without the support of her family, the fact that her circumstances there would be less favourable than those she enjoyed in Austria could not be regarded as decisive. Owing to her education and work experience as a seamstress, there was reason to believe that she would be able to build up her life in Nigeria without having to rely on the support of family members.

%I European Court of Human Rights %G eng %U http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"fulltext":["OMEREDO%20v.%20AUSTRIA"],"documentcollectionid2":["JUDGMENTS","DECISIONS"]} %0 Journal Article %J Indiana Journal of Global Legal Studies %D 2011 %T Contributions to the Debate on Domestic Violence Against Women in Brazil %A Paula Spieler %X

http://www.jstor.org/stable/10.2979/indjglolegstu.18.1.121?seq=1#page_scan_tab_contents

*The full article is available through this link. This article may be available free of charge to those with university credentials.

This article aims to demonstrate the contributions of the Maria da Penha case and the Inter-American Commission on Human Rights (IACHR) Report of 2001 to the debate on domestic violence against women in Brazil, with special emphasis to the adoption of the Maria da Penha Law. The IACHR was the first international human rights organ to bring to light the problem. Beside contributing to internal changes, this case has great relevance as it was the first one of domestic violence analyzed by the Inter-American Commission. It revealed the systematic pattern of violence against women in the country. 

%B Indiana Journal of Global Legal Studies %V 18 %P 121-143 %G eng %U http://www.jstor.org/stable/10.2979/indjglolegstu.18.1.121?seq=1#page_scan_tab_contents %N 1 %0 Report %D 2011 %T Progress of the World's Women: In Pursuit of Justice %X

http://www.unwomen.org/en/digital-library/publications/2011/7/progress-of-the-world-s-women-in-pursuit-of-justice

Progress of the World's Women: In Pursuit of Justice looks at how the legal system can play a positive role in women accessing their rights, citing cases that have changed women's lives both at a local and at times global level. It also looks at the important role women have played and continue to play as agents for change within the legal system, as legislators, as lawyers, as community activists; but also asks why, despite progress on legal reform, the justice system is still not delivering justice for all women.

The report focuses on four key areas: legal and constitutional frameworks, the justice chain, plural legal systems and conflict and post-conflict. Drawing on tangible examples of steps that have been taken to help women access justice, the report sets out ten key recommendations for policy and decision makers to act on in order to ensure every woman is able to obtain justice.

%B UN Women %I United Nations Entity for Gender Equality and the Empowerment of Women %G eng %U http://www.unwomen.org/en/digital-library/publications/2011/7/progress-of-the-world-s-women-in-pursuit-of-justice %0 Journal Article %J Clearinghouse REVIEW Journal of Poverty Law and Policy %D 2011 %T Using Human Rights Mechanisms of the United Nations to Advance Economic Justice %A Risa Kaufman %A JoAnn Kamuf Ward %X

http://web.law.columbia.edu/human-rights-institute/publications

Article located at the bottom of the page of the given link

Taken from the intro: Building upon previous Clearinghouse Review articles and several appearing in this issue, we draw a primer on the U.N. human rights system as a means of complementing domestic advocacy efforts on behalf of low-income and poor communities and individuals. First, we give an overview of the U.N. mechanisms that monitor and promote human rights compliance in the United States. Second, we cite examples of how social justice organization have engaged these mechanisms to broaden access to justice and deter violence against women, and we suggest opportunities for future engagement on a range of issues confronting clients of legal aid programs. 

%B Clearinghouse REVIEW Journal of Poverty Law and Policy %G eng %U http://web.law.columbia.edu/human-rights-institute/publications %0 Report %D 2011 %T Law of rape in India %X

http://www.legalhelplineindia.com/law-of-rape-in-india/

The word rape is Latin term ratio, which means seize i.e. forcible seizure which constitutes the main ingredient of the offence of rape. Law of rape in India however further widens the definition and means intercourse with a woman without her consent by force, fear or fraud. Several explanations of force fear and fraud has been incorporated to make the law of rape in India more comprehensive and stringent. Law of rape in India is contained in Indian Penal Code; Section 375 defines rape which can be reproduced as under:

%I Fylfot Group of Advocates %G eng %U http://www.legalhelplineindia.com/law-of-rape-in-india/ %0 Report %D 2011 %T Pakistan: State of Human Rights in 2011 %X

http://hrcp-web.org/publication/book/annual-report-2011-english/

2011 was a mixed bag for human rights. There certainly were some positives; some things remained unchanged; and then there were the aggravations. Ratification of a key child rights instrument, extension of Political Parties Act to FATA, introduction of laws to promote women's rights, religious minorities getting representation in the Senate, and a right to statutory bail for detainees in prisons are all steps that ought to be welcomed.

Unfortunately, the inability to introduce implementation mechanisms for international human rights treaties ratified by Pakistan remained unchanged, as did the indifference to or complicity with banning women from voting, and curbing disappearances and extrajudicial killings. The moratorium on executions stayed informal. The prisons remained at breaking point. Nothing was done to revive elected student unions in educational institutions or end the glut of weapons across the country. The public education system remained a scandal, the budgetary allocations to public healthcare fell even further, the government ceded ground to extremists and was utterly unprepared at the framework level to cope with internal displacement and its impact.

%I Human Rights Commission of Pakistan %G eng %U http://hrcp-web.org/publication/book/annual-report-2011-english/ %0 Report %D 2011 %T Bangladesh: Domestic violence, including legislation, state protection, and services available to victims %X

http://www.ecoi.net/local_link/203055/308008_en.html

According to Human Rights Watch, domestic violence in Bangladesh is "a daily reality for many women" (2011, 3; Human Rights Watch 2010, 4). The 2007 Bangladesh Demographic and Health Survey reported that 53 percent of the ever-married women surveyed had experienced some form of physical and/or sexual violence by their husbands (NIPORT et al. Mar. 2009, 201). In 2010, the Bangladesh Police registered 16,210 cases of "[c]ruelty to women" (Bangladesh n.d.a), a term that, under the Prevention of Cruelty Against Women and Children Act, includes rape, trafficking, dowry-related violence, acid throwing, and other forms of violence, but that does not necessarily include domestic violence since "there is no separate provision to seek justice for domestic violence" (UN 24 Mar. 2010, 28, 89).
%I Immigration and Refugee Board of Canada %G eng %U http://www.ecoi.net/local_link/203055/308008_en.html %0 Report %D 2011 %T A Long Way to Go: Implementation of the Elimination of Violence against Women Law in Afghanistan %X

http://www.ohchr.org/Documents/Countries/AF/UNAMA_Nov2011.pdf

This report is based on research carried out by UNAMA/OHCHR human rights officers in Kabul and in eight UNAMA regional offices between March 2010 and September 2011. UNAMA/OHCHR officers gathered detailed statistical and substantive information on implementation of the EVAW law by prosecutors, judges and police officers, and on the status of operations of provincial Commissions for Prevention of Violence against Women. 

%B UN Assistance Mission in Afghanistan (UNAMA) %I UNAMA %G eng %U http://www.ohchr.org/Documents/Countries/AF/UNAMA_Nov2011.pdf %0 Journal Article %J CQ Global Researcher %D 2011 %T Honor Killings: Can Murders of Women and Girls be Stopped? %A Robert Kiener %X

http://library.cqpress.com/cqresearcher/document.php?id=cqrglobal2011041900&type=hitlist&num=0

*The full article is available through this link. This article may be available free of charge to those with university credentials.

Each week brings horrific new headlines stating that, somewhere around the world, a woman or girl has been killed by a male relative for allegedly bringing dishonor upon her family. According to the U.N. High Commissioner for Human Rights, "In the name of preserving family 'honor,' women and girls are shot, stoned, burned, buried alive, strangled, smothered and knifed to death with horrifying regularity." Between 5,000 and 20,000 so-called honor killings are committed each year, based on long-held beliefs that any female who commits -- or is suspected of committing -- an "immoral" act should be killed to "restore honor" to her family. Honor killings are deeply rooted in ancient patriarchal and fundamentalist traditions, which some judicial systems legitimize by pardoning offenders or handing out light sentences. Human-rights organizations are demanding that governments and the international community act more forcefully to stop honor killings, but officials in some countries are doing little to protect women and girls within their borders.

%B CQ Global Researcher %V 5 %P 183-208 %G eng %U http://library.cqpress.com/cqresearcher/document.php?id=cqrglobal2011041900&type=hitlist&num=0 %N 8 %0 Report %D 2011 %T The use of Council of Europe treaties in the case-law of the European Court of Human Rights %X

http://www.echr.coe.int/Pages/home.aspx?p=caselaw/analysis&c=#n1347459030234_pointer

The report is found under the Case-law research reports heading as "Use of Council of Europe treaties in the case-law of the Court." 

This document, which has been prepared by the Research and Library Division of the Court, contains a table listing references that have been made in the judgments and decisions of the Court to the Council of Europe treaties up to 30 June 2011. Fifty-six treaties have been cited in the Court’s case-law. The European Social Charter of 1961, revised in 1996, is the treaty that has been the most referred to.

The table covers conventions to which reference is made in any part of the Court’s judgments and decisions, including the parties’ submissions and dissenting opinions, as well as treaties that have been referred to only in passing or indirectly through other international instruments or decisions. Treaties which the Court itself has described as international law relevant to a particular case and/or on which it has relied in its reasoning form a majority in this list.

Council of Europe conventions and agreements opened for signature between 1949 and 2003 were published in the European Treaty Series" (ETS No. 001 to 193 included). Since 2004, this Series is continued by the Council of Europe Treaty Series (CETS No. 194 and following). The term “ECHR” (“CEDH” in French) refers to the European Convention on Human Rights. 

%B European Court of Human Rights %I Research Division of the European Court of Human Rights %G eng %U http://www.echr.coe.int/Pages/home.aspx?p=caselaw/analysis&c=#n1347459030234_pointer %0 Legal Rule or Regulation %D 2011 %T Case of Mukhina v. Italy %A CEDAW %X

http://www2.ohchr.org/english/law/jurisprudence.htm

CEDAW/C/50/D/27/2010

In 2001, Ms. Zhanna Mukhina, a Russian national currently residing and working in Italy, gave birth.  The father of the child, the author’s employer, refused to admit paternity and died shortly after the child’s birth.  In 2005, the author lost custody of her son ‘owing to the deterioration of her mental state and her inability to support the child.’  Subsequent appeals to regain custody of her son proved unsuccessful and, in 2009, the European Court of Human Rights declared a complaint from the author inadmissible.

In 2010, the author submitted a communication to the Committee on the Elimination of Discrimination against Women claiming, without further substantiation, that Italy had violated her rights under article 16(f) of the Convention on the Elimination of All Forms of Discrimination against Women to ensure women and men ‘[t]he same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children ….’

%B C/50/D/27/2010; Communication No. 27/2010 %I Committee on the Elimination of Discrimination against Women (CEDAW) %G eng %U http://www2.ohchr.org/english/law/jurisprudence.htm %0 Legal Rule or Regulation %D 2011 %T Case of Rivera v. Canada %A CEDAW %X

http://www2.ohchr.org/english/law/jurisprudence.htm

CEDAW/C/50/D/26/2010

In 2011, the Committee on the Elimination of all forms of Discrimination Against Women considered Rivera v. Canada (CEDAW/C/50/D/26/2010). In 2006, Guadalupe Herrera Rivera (GHR), a Mexican national, claimed asylum in Canada, along with her then husband and their two minor children.  Canadian authorities denied the claim on the basis that it lacked credibility.

In October 2008, ‘Assistance aux femmes’, acting on behalf of GHR, filed applications with Immigration Canada for a pre-removal risk assessment (PRRA) and on humanitarian and compassionate (H&C) grounds.  The H&C grounds application included information about GHR’s experiences of domestic violence, the inadequate protection in Mexico against such violence, and the risk of GHR experiencing further violence if deported to Mexico.

In September 2010, GHR submitted a communication to the Committee on the Elimination of Discrimination against Women (CEDAW Committee) claiming that, if Canada deported her to Mexico, it would violate her rights under articles 1, 2(a)-2(d), 5(a) and 24 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).  GHR requested interim measures to prevent Canada from deporting her to Mexico while her communication was pending before the CEDAW Committee.

%B CEDAW/C/50/D/26/2010; Communication No. 26/2010 %I Committee on the Elimination of Discrimination against Women (CEDAW) %G eng %U http://www2.ohchr.org/english/law/jurisprudence.htm %0 Legal Rule or Regulation %D 2011 %T Case of Teixeira v. Brazil %A CEDAW %X

http://www2.ohchr.org/english/law/jurisprudence.htm

CEDAW/C/49/D/17/2008 

On August 10 2001, the Committee on the Elimination of Discrimination against Women (CEDAW) issued its landmark decision on the Communication No. 17/2008. The case was filed by the organization Advocaci – Advocacia Cidada pelos Direitos Humanos and the Center for Reproductive Rights against the state of Brazil on November 30th 2007. This is the first decision establishing states’  international responsibility on preventable maternal death case within the UN Human Rights System.

%B C/49/D/17/2008; Communication No. 17/2008 %I Committee on the Elimination of Discrimination against Women (CEDAW) %G eng %U http://www2.ohchr.org/english/law/jurisprudence.htm %0 Legal Rule or Regulation %D 2011 %T Case of V.K. v. Bulgaria %A CEDAW %X

http://www.ohchr.org/EN/HRBodies/CEDAW/Pages/Jurisprudence.aspx

CEDAW/C/49/D/20/2008

The author of the complaint, VK, alleged that she had been a persistent victim of domestic abuse at the hands of her husband, and petitioned the Bulgarian courts to issue a protection order against him. VK was issued an interim order, but at the full hearing, the court refused to make a permanent order in accordance with its interpretation of national law on the basis that no domestic violence had taken place in the month prior to the initial hearing. The ruling was upheld on appeal. VK specifically alleged that the State had neglected its positive obligation under the Convention on the Elimination of All Forms of Discrimination against Women to protect her from domestic violence, and that it had not acted to ensure the necessary protection to avoid irreparable damage to her and her two children.

%B C/49/D/20/2008; Communication No. 20/2008 %I Committee on the Elimination of Discrimination against Women (CEDAW) %G eng %U http://www.ohchr.org/EN/HRBodies/CEDAW/Pages/Jurisprudence.aspx %0 Legal Rule or Regulation %D 2011 %T Case of V.P.P. v. Bulgaria %A CEDAW %X

http://www.ohchr.org/EN/HRBodies/CEDAW/Pages/JurisprudenceSession53.aspx

CEDAW/C/53/D/31/2011

In 2011, the Committee on the Elimination of all forms of Discrimination Against Women considered V.P.P v. Bulgaria (C/53/D/31/2011). V.P.P., a minor, was sexually assaulted by B.G., an adult man who lived in a neighbouring apartment building.  Bulgarian authorities waited two years before indicting B.G. for “sexual molestation of a minor”.  The District Court approved a plea bargain agreement that B.G. receive a three-year suspended sentence for pleading guilty.  B.G. continued to live next door to V.P.P. following the assault and no action was taken to ensure the ongoing safety of V.P.P.

The District Court rejected a request to file a civil claim for moral damages and a separate successful tort suit for 15,000 euros could not be executed with the mechanisms available under Bulgarian law.

 S.V.P. submitted a communication under the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (Optional Protocol) on behalf of her daughter claiming that Bulgaria had violated articles 1, 2(a)-2(c), 2(e)-2(g), 3, 5, 12 and 15 of CEDAW.  She claimed that Bulgaria had failed to:

 

%B C/53/D/31/2011; Communication No. 31/2011 %I Committee on the Elimination of Discrimination against Women (CEDAW) %G eng %U http://www.ohchr.org/EN/HRBodies/CEDAW/Pages/JurisprudenceSession53.aspx %0 Report %D 2011 %T Report of the Special Rapporteur on violence against women, its causes and consequences: Mission to Zambia %A Rashida Manjoo %X

http://www.ohchr.org/EN/Issues/Women/SRWomen/Pages/AnnualReports.aspx

2011 - Addendum - Mission to Zambia

This report contains the findings of the Special Rapporteur on violence against women, its causes and consequences, following her visit to Zambia from 6 to 11 December 2010. It examines the situation of violence against women in the country taking into account its causes and consequences. It also discusses the State’s response to prevent such violence, protect and provide remedies to women who have been subjected to such violence, and to prosecute and punish the perpetrators.

%I United Nations General Assembly %G eng %U http://www.ohchr.org/EN/Issues/Women/SRWomen/Pages/AnnualReports.aspx %0 Legal Rule or Regulation %D 2011 %T Case of Abramova v. Belarus %A CEDAW %X

http://www2.ohchr.org/english/law/jurisprudence.htm

CEDAW/C/49/D/23/2009

The Committee on the Elimination of Discrimination against Women has found in Abramova v. Belarus (C/49/D/23/2009) that Belarus’ treatment of a woman detained under administrative arrest violated articles 2(a)-2(b), 2(e)-2(f), 3 and 5(a) of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), read in conjunction with article 1 and the Committee’s General Recommendation No. 19 on violence against women.

%B C/49/D/23/2009 %I Committee on the Elimination of Discrimination against Women (CEDAW) %G eng %U http://www2.ohchr.org/english/law/jurisprudence.htm %0 Legal Rule or Regulation %D 2011 %T Case of L. C. v. Peru %A CEDAW %X

http://www2.ohchr.org/english/law/jurisprudence.htm

CEDAW/C/50/D/22/2009

L.C. was 13 years old when she was repeatedly raped by a 34-year-old man who lived in her neighborhood in an impoverished region near Peru’s capital city of Lima.  Her ordeal started in 2006, and by 2007 she learned that she was pregnant.  Desperate, L.C. attempted to commit suicide by jumping off the roof of a building next door to her house.  Neighbors discovered her and rushed her to the hospital.  But even though doctors concluded that her spine needed to be realigned immediately—and even though abortion in Peru is legal where the mother’s health and life are at risk--they refused to operate on L.C. because she was pregnant. L.C. eventually suffered a miscarriage because of the severity of her injuries. Several weeks after the miscarriage, four months after she was told she needed surgery, L.C. underwent the spinal procedure. She was told shortly thereafter, however, that the surgery would have little to no effect and that she would remain paralyzed. On June 18, 2009, the Center for Reproductive Rights and the Center for the Promotion and Defense of Sexual and Reproductive Rights filed a human rights petition on behalf of L.C. against Peru before the United Nations Committee on the Elimination of Discrimination against Women. The petition charges that Peru’s failure to implement measures that guarantee a woman’s ability to obtain essential reproductive health services in a timely manner, particularly legal abortion, not only violates the Peruvian Constitution, but international treaty obligations. Among other remedies, L.C. is asking that the Peruvian government acknowledge the human rights violation; provide L.C. with reparations, including physical and mental rehabilitation; and issue necessary measures so that no other woman is denied her right to comprehensive healthcare and therapeutic abortion.

%B CEDAW/C/50/D/22/2009 %I Committee on the Elimination of Discrimination against Women (CEDAW) %G eng %U http://www2.ohchr.org/english/law/jurisprudence.htm %0 Report %D 2011 %T Crime Report 2010/2011: Crimes Challenge Facing the SAPS %X

https://www.issafrica.org/search/?q=2010-2011%20crime%20analysis

Annual Report: 2010/2011

The present report deals with the reported national serious crime figures and ratios for the 2010/2011 financial year (that is the period 1 April 2010 - 31 March 2011). These are compared to the figures recorded during the preceding financial years since 2003/2004. The provincial crime figures are also analysed in more detail and some comments made on aspects influencing the crime situation. More detailed crime figures and maps are provided on the SAPS website at www.saps.gov.za.

%I South African Police Service %G eng %U https://www.issafrica.org/search/?q=2010-2011%20crime%20analysis %0 Report %D 2011 %T To Ratify or Not to Ratify? An Assessment of the Case for Ratification of International Human Rights Treaties in the Pacific %A Natalie Baird %X

http://www.austlii.edu.au/au/journals/MelbJIL/2011/10.html

This article explores whether ratifying international human rights treaties is a useful strategy to advance the cause of human rights in the Pacific. Much of the recent discussion has promoted the advantages of ratification.

The aim of this article is to contribute to the ratification debate by considering the potential responses Pacific states might make to the call for ratification. It assumes that the desired ultimate goal is greater protection of human rights in the Pacific, but suggests that in light of the challenges of ratification, there may be more effective means of advancing human rights in the Pacific than wholesale ratification of outstanding treaties.

While in the long-term ratification remains a worthy goal, in the short-term it may not be the best way forward. Instead, it may be more appropriate to focus on alternative means of advancing human rights. This may be through a combination of stronger domestic means to protect and promote human rights, the development of a Pacific regional mechanism to promote rights, and active engagement with the United Nations’ Human Rights Council’s new Universal Periodic Review (‘UPR’) mechanism. Selective ratification of individual treaties may still be worthwhile, but on a gradual basis, and certainly not wholesale.

%B Melbourne Journal of International Law %I Melbourne University %C Melbourne %G eng %U http://www.austlii.edu.au/au/journals/MelbJIL/2011/10.html %0 Report %D 2011 %T Violence against women in Australia: Research summary %X

https://www.vichealth.vic.gov.au/media-and-resources/publications/violence-against-women-in-australia-research-summary

This publication presents a synopsis of the latest published research examining violence against women in Australia and its prevention. This summary focuses on: 

%B VicHealth %I State Government of Victoria %G eng %U https://www.vichealth.vic.gov.au/media-and-resources/publications/violence-against-women-in-australia-research-summary %0 Report %D 2011 %T A Guide to Using the Protocol on the Rights of Women in Africa for Legal Action %X

http://www.equalitynow.org/content/guide-using-protocol-rights-women-africa-legal-action

This Guide provides step-by-step guidance for using the Protocol on the Rights of Women in Africa at local, national, and regional levels. It explains how to bring women’s rights abuses that violate the Protocol before domestic courts and regional justice mechanisms like the African Court on Human and Peoples’ Rights; analyzes key cases related to women’s rights decided by the African Commission; and provides general strategies for activists.

 

%B Equality Now %I Equality Now %G eng %U http://www.equalitynow.org/content/guide-using-protocol-rights-women-africa-legal-action %0 Report %D 2011 %T Ending Violence Against Women and Girls - Evidence, Data and Knowledge in Pacific Island Countries %X

http://asiapacific.unwomen.org/en/digital-library/publications/2011/7/ending-violence-against-women-and-girls

This summary of current literature on violence against women and girls in Pacific Island Countries is designed to give practitioners a concise and comprehensive overview of current knowledge and analysis. The evidence presented in this second edition presents a compelling case for more action and investment in preventing and responding to violence against women. It is intended to inform leaders, legislators, policy and decision-makers in government, and programme designers in government and civil society. It is also intended to be a ‘living’ source of knowledge, and will be regularly updated to ensure its validity. Comments, feedback and additions are welcome to this important bank of knowledge on VAW in our region. 

 

%B UN Women: Asia and the Pacific %I United Nations Entity for Gender Equality and the Empowerment of Women %G eng %U http://asiapacific.unwomen.org/en/digital-library/publications/2011/7/ending-violence-against-women-and-girls %0 Report %D 2011 %T A Guide to Using the Protocol on the Rights of Women in Africa for Legal Action %A Equality Now %X

http://www.equalitynow.org/protocol

Equality Now, in conjunction with Solidarity for African Women’s Rights (SOAWR), is delighted to announce the release of A Guide to Using the Protocol on the Rights of Women in Africa for Legal Action. The release of this manual comes 5 years after the Protocol came into force. “We hope African lawyers and women’s rights advocates find the manual useful and it gives them hands-on guidance on how best to apply the remarkable standards of the Protocol in cases of violations of women’s rights,” said Faiza Jama Mohamed, Nairobi Office Director of Equality Now, which convenes SOAWR, a coalition of 47 civil society organizations working to ensure that the Women’s Protocol is ratified and implemented across the continent.

%B http://www.equalitynow.org/protocol %I Equality Now %C New York %G eng %U http://www.equalitynow.org/protocol %0 Government Document %D 2011 %T Legal protection of children from sexual exploitation: The “Lanzarote Convention” and the One in Five campaign %A Tanja Kleinsorge %X

http://srsg.violenceagainstchildren.org/knowledge/law_reform

It is estimated that one in five children fall victim to sexual violence – a serious human rights violation the Council of Europe has decided to combat through: 1. legislative harmonization - The Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Convention) is the most advanced and complete standard in this field 2. awareness-raising and political action – The Council of Europe campaign ONE in FIVE to stop sexual violence against children and its parliamentary dimension aims to raise awareness of the full extent of sexual violence against children in our societies and promote appropriate policies to stop this violence
%G eng %U http://srsg.violenceagainstchildren.org/knowledge/law_reform %0 Journal Article %J INTERIGHTS Bulletin %D 2011 %T Violence Against Women: Protection and Prevention Through International Law %E Pádraig Hughes %E Rachel Fleetwood %X

http://www.interights.org/document/157/index.html

The articles in this Bulletin draw attention to the different ways in which violence against women can manifest itself and in so doing highlight its pervasiveness and the stark failure of many states to take action to prevent it from happening. Although ‘intimate-partner’ violence and sexual coercion are the most common types of violence affecting women and girls, in many parts of the world violence can take on special characteristics depending on different cultural and historical conditions. Some of those characteristics are examined in this Bulletin including the trafficking of women, the treatment of migrant domestic workers and violence against women in situations of armed conflict.

%B INTERIGHTS Bulletin %V 16 %G eng %U http://www.interights.org/document/157/index.html %N 3 %0 Report %D 2011 %T Analysis of International Jurisprudence Involving Sexual and Other Gender-Based Violence During Conflict %A Christopher Dinkel %A Hanna A. Haile %A Angélique Sarr %A Chloe Wiatrowski %A Diana Biller %X

http://www.lawschool.cornell.edu/womenandjustice/Legal-and-Other-Resources/Center-Legal-Analysis.cfm

The analysis that follows is the product of a project undertaken by the Avon Global Center for Women and Justice, in collaboration with the Cornell Law School International Human Rights Clinic. The research team analyzed jurisprudence involving sexual and other gender-based violence in cases before the following international war crimes tribunals and special courts: the International Criminal Tribunal for the Former Yugoslavia (ICTY); the International Criminal Tribunal for Rwanda (ICTR); the Special Court for Sierra Leone (SCSL) and the International Criminal Court (ICC). The purpose of this review is to highlight the development in each tribunal of jurisprudence involving the redress of gender crimes during conflict. The charts that follow present information relevant for further comparison and analysis of progress and persistent gaps in international law, with an aim towards contributing to the furtherance of effective prosecution and prevention of sexual and other gender-based violence. 

%B Cornell Law School %I Cornell Law School International Human Rights Clinic and Avon Global Center for Women and Justice %C Ithaca %G eng %U http://www.lawschool.cornell.edu/womenandjustice/Legal-and-Other-Resources/Center-Legal-Analysis.cfm %0 Report %D 2010 %T Kiribati Family Health And Support Study A Study On Violence Against Women And Children %X

http://www.spc.int/hdp/index.php?option=com_docman&task=cat_view&gid=89&Itemid=44

This report of the Kiribati Family Health and Support Study analyses data from the first ever nationally representative research on violence against women and related child abuse in this country. This study replicates the WHO multi-country study on Women’s Health and Domestic Violence against Women. The study was designed to

 Methodology of the study

 The study consisted of a qualitative component and a quantitative component. The quantitative component consisted of population-based household survey that was conducted around the country. The sample for the household survey was designed to be nationally representative and aimed to include 1500 women aged 15–49 years. A stratified multi-stage sample design was used, with 20% oversampling to account for non-response. There were five strata: three for the Gilbert Islands, one for the Line and Phoenix Islands, and one for South Tarawa. Within the first four strata islands were randomly selected, and in South Tarawa enumeration areas were systematically selected. Within the islands or enumeration areas, households were systematically selected using probability proportional to size (based on census information). The total sample size was 2000 households to be visited. In each selected household only one woman was randomly selected to be interviewed for the survey among all eligible women 15–49 years of age.

 

%B Human Development Programme %I Secretariat of the Pacific Community %G eng %U http://www.spc.int/hdp/index.php?option=com_docman&task=cat_view&gid=89&Itemid=44 %0 Report %D 2010 %T Violence Against Women In Africa: A Situational Analysis %X

http://www.nuhanovicfoundation.org/en/reports-6/uneca-and-acgs-violence-against-women-in-africa-a-situational-analysis/

The current report of the African Centre for Gender and Social Development provides a situation analysis of violence against women in Sudan combining it with information about the available legislative frameworks and legal institutions that could be used in order to combat it (p. 158-163).

The report indicates that most of the Sudanese women who become the victims of sexual violence are reluctant to report the commission of an offence for fear of the negative  reflection it may have on their families, and their own reputation. In addition, a victim failing to prove rape may instead be accused of adultery and sentenced to death.

The report also highlights the problems of the widespread practice of Female Genital Mutilation in Sudan, abduction of Sudanese women for slavery, and their trafficking to neighbor countries. Both the Sudanese police and military as well as Janjawid militiamen have been found to be involved in the commission of these offences. Attempts to bring perpetrators to justice before the International Criminal Court have failed as the Sudanese Government has resisted arresting the alleged offenders.

At the same time, with the support of the UNPF, civil society and international organizations, Sudanese government bodies have devised a number of national plans and strategies to combat violence against women, prevent FGM, assist the victims of violence, and contribute to the empowerment of women in general. Not all of these documents have been adopted as State policy. In a move towards implementation of the existing plans the Government of Sudan has established the Unit for the Suppression of Violence against Women and Children.

%B Nuhanovic Foundation %I UNESCA and ACGS %G eng %U http://www.nuhanovicfoundation.org/en/reports-6/uneca-and-acgs-violence-against-women-in-africa-a-situational-analysis/ %0 Journal Article %J Journal of Family Psychology %D 2010 %T The impact of family and community violence on children's depression trajectories: examining the interactions of violence exposure, family social support, and gender. %A Angie C Kennedy %A Deborah Bybee %A Megan Greeson %A Cris M Sullivan %X

http://www.ncbi.nlm.nih.gov/pubmed/20438195

*The full article is available through this link. This article may be available free of charge to those with university credentials.

This longitudinal study used multilevel modeling to examine the relationships between witnessing intimate partner violence (IPV), community and school violence exposure (CSVE), family social support, gender, and depression over 2 years within a sample of 100 school-aged children. We found significant between-child differences in both the initial levels of depression and the trajectories of depression; depression over time was positively associated with change in witnessing IPV and CSVE and negatively associated with change in support. Two significant 3-way interactions were found: Gender and initial support, as well as gender and initial witnessing IPV, both significantly moderated the effect of change in witnessing IPV on the children's depression over time.

%B Journal of Family Psychology %V 24 %P 197-207 %G eng %U http://www.ncbi.nlm.nih.gov/pubmed/20438195 %N 2 %0 Journal Article %J Journal of Community Psychology %D 2010 %T An ecological examination of rural mozambican women's attainment of postwar wellbeing %A Zermarie Deacon %A Cris Sullivan %X

http://onlinelibrary.wiley.com/doi/10.1002/jcop.20355/abstract;jsessionid=64E7D40D194C97988C9D454A749F6792.f02t01

*The full article is available through this link. This article may be available free of charge to those with university credentials.

Women's experiences of warfare and postwar recovery are qualitatively different from those of men. However, to date, the processes whereby women recover from the gendered impacts of war have not been sufficiently explored. In order to address this gap in the literature and to inform policies and services aimed at women recovering from warfare, a qualitative investigation was conducted of the process whereby women in one rural community in northern Mozambique attained wellbeing in the wake of war. Findings indicate that factors at all levels of the socio-ecological system were significant in supporting women's attainment of postwar wellbeing.

%B Journal of Community Psychology %V 38 %P 115-130 %G eng %U http://onlinelibrary.wiley.com/doi/10.1002/jcop.20355/abstract;jsessionid=64E7D40D194C97988C9D454A749F6792.f02t01 %N 1 %0 Journal Article %J Journal of Interpersonal Violence %D 2010 %T Longitudinal Research With Sexual Assault Survivors: A Methodological Review %A Rebecca Campbell %A Heather Brown Sprague %A Sara Cottrill %A Cris M Sullivan %X

http://jiv.sagepub.com/content/26/3/433

*The full article is available through this link. This article may be available free of charge to those with university credentials.

Longitudinal research designs are relatively rare in the academic literature on rape and sexual assault despite their tremendous methodological rigor and scientific utility. In the interest of promoting wider use of such methods, we conducted a methodological review of projects that have used prospective longitudinal designs to study the occurrence of sexual victimization throughout the lifespan and/or the process of change during rape recovery (N = 32 projects). Five questions were examined: (a) What were the substantive foci of these longitudinal studies? (b) How were survivors recruited? (c) What participation rates were typical? (d) How long were participants followed over time and with what success rates? and (e) What incentives were used to increase participation? Most studies focused on postassault sequelae and recruited survivors from hospital emergency departments and other first-response help-seeking sites with highly variable participation rates. Retention rates were comparable across studies (approximately 70%).

%B Journal of Interpersonal Violence %V 26 %P 433-461 %G eng %U http://jiv.sagepub.com/content/26/3/433 %N 3 %0 Report %D 2010 %T Report of the Special Rapporteur on violence against women, its causes and consequences, Rashida Manjoo - Follow up Mission to El Salvador %A Rashida Manjoo %X

http://www.ohchr.org/EN/Issues/Women/SRWomen/Pages/CountryVisits.aspx

Can be found under: El Salvador (March 2010)

The present report contains the findings of the Special Rapporteur on violence against women, its causes and consequences, following her follow-up mission to El Salvador, last visited by the mandate in 2004 (E/CN.4/2005/72/Add.2). She explores the extent to which the recommendations made in the previous report have been implemented by examining the most prevalent forms of violence encountered currently by women and girls in El Salvador, the State response to such violence, and the main remaining challenges.

Despite the Government’s intention to fulfil its due diligence obligations in the area of gender equality and violence against women, significant challenges remain. As the previous mandate holder pointed out, the failure of authorities to investigate, prosecute and punish those responsible for gender-based violence contributed to an environment of impunity that resulted in little confidence in the justice system; impunity for crimes, socio- economic disparities and the machista culture fostered a generalized state of violence, subjecting women to a continuum of multiple violent acts, including murder, rape, domestic violence, sexual harassment and commercial sexual exploitation. The discussions held and the information received during the visit suggested that the situation has changed little in El Salvador. In addition to the effective implementation of the law, remaining challenges relate to sexual and reproductive rights, in particular with regard to the consequences of the absolute ban on abortions, and the need to establish a comprehensive 

system on data collection to guide policy and monitor progress in the field of violence against women.

In the light of the information received, the Special Rapporteur considers the recommendations in her predecessor’s report still relevant and applicable, and thus supports and reiterates the need to take action in five ways: (a) to create a gender-sensitive information and knowledge base, including through the creation of a statistical commission; (b) to ensure the protection of women and girls through legislative, investigative and judicial reforms, including through the establishment of a specialized investigation and prosecution unit on femicides; (c) to strengthen institutional infrastructure, including through the allocation of appropriate resources, to ensure sustainability and effectiveness; (d) to initiate further training and awareness programmes; and (e) to monitor the implementation of and enforce international and regional human rights standards. 

%I United Nations Human Rights, Office of the High Commissioner for Human Rights %G eng %U http://www.ohchr.org/EN/Issues/Women/SRWomen/Pages/CountryVisits.aspx %0 Book %D 2010 %T Estudio de la información sobre la violencia contra la mujer en América Latina y el Caribe %A Lorena Fríes %A Victoria Hurtado %X

http://www.cepal.org/es/publicaciones/5826-estudio-de-la-informacion-sobre-la-violencia-contra-la-mujer-en-america-latina-y

El documento que se presenta es el resultado de una investigación sobre la información disponible para la construcción de indicadores en violencia en el mundo y particularmente en América Latina y el Caribe, primer eslabón del diseño de toda política pública y social. Los indicadores propuestos por el Grupo de Amigos de la Presidencia sobre indicadores de violencia contra la mujer de la Comisión de Estadísticas de las Naciones Unidas y aprobados por esta última (Nueva York, 2009) han sido un insumo para facilitar a los países el registro de la violencia de género y hacer más eficaz la respuesta estatal frente a ésta. Por su parte, desde la Comisión Económica para América Latina y el Caribe (CEPAL) y con la voluntad de fortalecer la labor del Secretario General en su Campaña para poner fin a la violencia contra las mujeres por aunar mayores esfuerzos para combatir este tipo de violencia, se ha incorporado como indicador la muerte de mujeres de mano de sus parejas o ex parejas.

El análisis realizado evidencia dos aspectos de un mismo problema; las opciones políticas y jurídicas que han marcado las tendencias en el tratamiento de la violencia, y su impacto en las formas de registro y de generación de información, que permitan configurar el mapa estadístico de la violencia de género.

%I CEPAL - Comisión Económica para América Latina y el Caribe %C Santiago de Chile %P 57 %G eng %U http://www.cepal.org/es/publicaciones/5826-estudio-de-la-informacion-sobre-la-violencia-contra-la-mujer-en-america-latina-y %0 Report %D 2010 %T Intimate Partner Violence and Sexual Violence in Alaska - Key Results from the 2010 Alaska Victimization Survey %X

http://justice.uaa.alaska.edu/avs/alaska.html

"Summary of Estimates" on right side

The 2010 Alaska Victimization Survey for Alaska statewide was conducted from May to June 2010. Results were released on September 30, 2010 in Anchorage. Findings include:

%I University of Alaska Anchorage - Justice Center %G eng %U http://justice.uaa.alaska.edu/avs/alaska.html %0 Report %D 2010 %T Women, Peace and Security: Canada Moves Forward to Increase Women's Engagement %X

http://www.parl.gc.ca/Content/SEN/Committee/403/huma/rep/rep05nov10-e.htm

From September 2009 to April 2010, the Standing Senate Committee on Human Rights conducted a study of United Nations Security Council (UNSC) resolution 1325 on women, peace and security, which was adopted unanimously by the Council in October 2000. The Committee focused its study on the implementation of the resolution by the UN and, in particular, Canada. Resolution 1325 was the first adopted by the Security Council to explicitly address the impact of armed conflict on women. It introduced a set of international standards for all UN member states, conflict belligerents, the UN system and its peacekeeping forces, and other stakeholders. Under the resolution, these actors must take varying steps to ensure that efforts to prevent resolve and rebuild from armed conflict incorporate the perspectives of women. They must facilitate women‘s full involvement in relevant decision-making. The resolution also calls for full implementation of international law relevant to armed conflict, condemning any violations of the rights and security of women.

This landmark resolution has since been strengthened by three additional Security Council resolutions. Resolution 1820 on sexual violence in armed conflict (2008) has as its sole objective the improvement of efforts to protect women and girls in conflict situations and to prosecute cases of human rights abuses against women therein – particularly sexual violence. Resolution 1888 (2009) institutes more robust implementing commitments. Resolution 1889 (2009) targets post-conflict peacebuilding.

%I Standing Senate Committee on Human Rights %G eng %U http://www.peacewomen.org/node/90752http://www.parl.gc.ca/Content/SEN/Committee/403/huma/rep/rep05nov10-e.htm %0 Report %D 2010 %T Children in Indonesia: Child Trafficking %X

http://www.unicef.org/indonesia/media_11823.html

A ‘child victim of trafficking’ is any person under the age of 18 who is recruited, transported, transferred, harboured or received for the purpose of exploitation, either within or outside a country. Child trafficking affects children throughout the world, in both industrialized and developing countries. Trafficked children are often subjected to prostitution, forced into marriage or illegally adopted; they provide cheap or unpaid labour, work as house servants or beggars, are recruited into armed groups and are used for sports. Trafficking exposes children to violence, sexual abuse and HIV infection and violates their rights to be protected, grow up in a family environment and have access to education. 

%I UNICEF %G eng %U http://www.unicef.org/indonesia/media_11823.html %0 Report %D 2010 %T European Convention on Human Rights %X

http://www.echr.coe.int/Pages/home.aspx?p=basictexts&c=#n1359128122487_pointer

The Convention for the Protection of Human Rights and Fundamental Freedoms, better known as the European Convention on Human Rights, was opened for signature in Rome on 4 November 1950 and came into force in 1953. It was the first instrument to give effect to certain of the rights stated in the Universal Declaration of Human Rights and make them binding.

The importance of the Convention lies not only in the scope of the fundamental rights it protects, but also in the protection mechanism established in Strasbourg to examine alleged violations and ensure compliance by the States with their undertakings under the Convention. Accordingly, in 1959, the European Court of Human Rights was set up.

In the system as first set up, three institutions were given the task of ensuring compliance with the undertakings given by the Contracting States: the European Commission of Human Rights, the European Court of Human Rights and the Committee of Ministers of the Council of Europe. With the entry into force of Protocol No. 11 on 1 November 1998 the first two institutions were merged into a single Court, to which individual or State applications can be directly made alleging violations of the civil and political rights set forth in the Convention.

Since its adoption in 1950 the Convention has been amended a number of times and supplemented with many rights in addition to those set forth in the original text.

%B European Court of Human Rights %I Council of Europe %G eng %U http://www.echr.coe.int/Pages/home.aspx?p=basictexts&c=#n1359128122487_pointer %0 Report %D 2010 %T A practical guide to the UN Universal Periodic Review (UPR) %X

http://www.upr-info.org/en/how-to/documentation-for-ngos/handbooks---toolkits

Eleventh document

The Universal Periodic Review (UPR) provides a new and exciting opportunity for advocates to hold the United States government accountable to all its human rights obligations and commitments. Similar to other human rights mechanisms, the UPR encourages advocates to engage in dialogue and challenge their governments to respect, protect and fulfill the broad range of human rights under the umbrella of international law and agreements.

The UPR is also a unique instrument available to United States advocates to advance economic and social rights such as the right to work, to housing, to health, etc; rights that are recognized by the Universal Declaration of Human Rights (UDHR)one of the documents used in the UPRas well as several other human rights treaties.

Participation by advocates in the UPR is a key part of the process and can be effective at different levels. The Human Rights Project (HRP) at the Urban Justice Center employed its extensive experience and knowledge from engaging advocates in other human rights mechanisms to develop this UPR toolkit. 

%B upr-info.org %I Urban Justice Center %G eng %U http://www.upr-info.org/en/how-to/documentation-for-ngos/handbooks---toolkits %0 Journal Article %J Northwestern Journal of International Human Rights %D 2010 %T State Obligations Regarding Domestic Violence: The European Court of Human Rights, Due Diligence, And International Legal Minimums of Protection %A Lee Hasselbacher %X

http://scholarlycommons.law.northwestern.edu/njihr/vol8/iss2/3/

Over the last two decades, international human rights instruments, decisions, and dedicated advocates have advanced the understanding of domestic violence. Once considered a private act committed with widespread impunity, domestic violence is now viewed as a human rights violation that states have a responsibility to address. This article will trace the history of this progression and the emergence of a "due diligence" standard to assess a state's response to domestic violence. The first half of the article will examine the recognition of the due diligence standard as a rule of customary international law with increasingly defined state obligations. The second half of the article will analyze the evolution of the due diligence standard within the European Court of Human Rights (ECHR) and the application of the standard in two landmark cases, and both cases held national governments responsible for failing to exercise due diligence to adequately protect individuals from domestic violence. The decisions in these cases not only affirm the use of the due diligence standard as a tool for assessment, but also they begin to clarify the practical obligations of protecting victims from domestic violence as well as preventing, investigating, and prosecuting such violence. In particular, the ECHR highlights the need for enforceable measures of protection and a legislative framework that enables criminal prosecutions of domestic violence in the public interest. Furthermore, the article will analyze the decision in, and the Court's recognition that, a State's obligation to exercise due diligence to protect women against domestic violence is gender-based discrimination, violating women's right to equal protection of the law.

%B Northwestern Journal of International Human Rights %V 8 %G eng %U http://scholarlycommons.law.northwestern.edu/njihr/vol8/iss2/3/ %N 2 %0 Report %D 2010 %T Towards a Europe Free from All Forms of Male Violence against Women %X

http://www.womenlobby.org/spip.php?article934&lang=en

This position paper constitutes the basis for the European Women’s Lobby (EWL) and its members to develop advocacy work on the issue of male violence against women at European and national level. It highlights the EWL position on the issue and presents its recommendations towards a Europe free form all forms of male violence against women.

%I European Women's Lobby %G eng %U http://www.womenlobby.org/spip.php?article934&lang=en %0 Journal Article %J Social Science Research Network %D 2010 %T Interpreting Regional Human Rights Treaties %A Magnus Killander %X

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1923206

Whether included in national bills of rights or regional or global human rights treaties, human rights are often vague. They require interpretation. The article illustrates how regional human rights tribunals have largely followed the rules for treaty interpretation set out in the Vienna Convention on the Law of Treaties. In the interpretation of rights and their limitations the European Court has traditionally put greater emphasis on regional consensus than the Inter-American Court and the African Commission which often look outside their continents to treaties and soft law of the UN and the jurisprudence of other regional tribunals. However, there is a trend towards universalism also in the jurisprudence of the European Court. The article illustrates that the reasoning of the regional tribunals is sometimes inadequate. The quality of the reasoning of the tribunals is important as it provides states and individuals with predictability so that action can be taken to avoid human rights violations. Good reasoning may also help to achieve compliance with the decisions and societal acceptance on controversial issues.

%B Social Science Research Network %P 145-169 %G eng %U http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1923206 %N 13 %0 Journal Article %J International Review of the Red Cross %D 2010 %T UN Security Council Resolutions 1325 and 1820: constructing gender in armed conflict and international humanitarian law %A Amy Barrow %X

http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=7808792

*The full article is available through this link. This article may be available free of charge to those with university credentials.

While the Geneva Conventions contain gender-specific provisions, the reality of women’s and men’s experiences of armed conflict have highlighted gender limitations and conceptual constraints within international humanitarian law. Judgements at the International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR) ad hoc tribunals have gone some way towards expanding the scope of definitions of sexual violence and rape in conflict. More recent developments in public international law, including the adoption of Security Council Resolutions 1325 and 1820 focused on women, peace and security, have sought to increase the visibility of gender in situations of armed conflict. This paper highlights important developing norms on women, peace and security. Although these norms are significant, they may not be radical enough to expand constructions of gender within international humanitarian law. This leaves existing provisions open to continued scrutiny.

%B International Review of the Red Cross %V 92 %P 221-234 %G eng %U http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=7808792 %N 877 %0 Legal Rule or Regulation %D 2010 %T Case of A. v. Croatia %X

http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"fulltext":["A%20v.%20Croatia%2055164/08"],"documentcollectionid2":["GRANDCHAMBER","CHAMBER"]}

Facts – Between November 2003 and June 2006, the applicant’s husband, who has been diagnosed as suffering from severe mental disorders with a tendency towards violent and impulsive behaviour, subjected the applicant to repeated psychological and physical violence including death threats and blows and kicks to the head, face and body. She was often abused in front of their daughter, who was herself the subject of violence on several occasions. The marriage ended in divorce in 2006. Between 2004 and 2009 various sets of criminal and minor-offences proceedings were brought against the husband and a number of protective measures were ordered. However, only some were implemented. For example, an eight-month prison sentence handed down in October 2006 following death threats was not served and the husband failed to undergo psycho-social treatment that had been ordered. He is currently serving a three-year prison sentence for making death threats against a judge.

%I European Court of Human Rights %G eng %U http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"fulltext":["A%20v.%20Croatia%2055164/08"],"documentcollectionid2":["GRANDCHAMBER","CHAMBER"]} %0 Legal Rule or Regulation %D 2010 %T Case of Rantsev v. Cyprus and Russia %X

http://hudoc.echr.coe.int/eng#{"fulltext":["Case%20of%20Rantsev%20v%20Cyprus%20and%20Russia"],"respondent":["CYP"],"documentcollectionid2":["GRANDCHAMBER","CHAMBER"]}

Facts – The applicant’s daughter Ms Rantseva, a Russian national, died in unexplained circumstances after falling from a window of a private property in Cyprus in March 2001. She had arrived in Cyprus a few days earlier on a “cabaret-artiste” visa, but had abandoned her work and lodging shortly after starting and had left a note to say she wanted to return to Russia. After locating her in a discotheque some days later, the manager of the cabaret had taken her to the central police station at around 4 a.m. and asked them to detain her as an illegal immigrant. The police had contacted the immigration authorities, who gave instructions that Ms Rantseva was not to be detained and that her employer, who was responsible for her, was to pick her up and bring her to the immigration office at 7 a.m. The manager had collected Ms Rantseva at around 5.20 a.m. and taken her to private premises, where he had also remained. Her body had been found in the street below the apartment at about 6.30 a.m. A bedspread had been looped through the railing of the balcony.

An inquest held in Cyprus concluded that Ms Rantseva had died in circumstances resembling an accident while attempting to escape from an apartment in which she was a guest, but that there was no evidence of foul play. Although the Russian authorities considered, in the light of a further autopsy that was carried out following the repatriation of the body to Russia, that the verdict of the inquest was unsatisfactory, the Cypriot authorities stated that it was final and refused to carry out any additional investigations unless the Russian authorities had evidence of criminal activity. No steps were taken by either the Russian or Cypriot authorities to interview two young women living in Russia whom the applicant said had worked with his daughter at the cabaret and could testify to sexual exploitation taking place there.

In April 2009 the Cypriot authorities made a unilateral declaration acknowledging violations of Articles 2, 3, 4, 5 and 6 of the Convention, offering to pay compensation to the applicant and advising that independent experts had been appointed to investigate the circumstances of Ms Rantseva’s death, employment and stay in Cyprus.

The Cypriot Ombudsman, the Council of Europe Commissioner for Human Rights and the United States State Department have published reports which refer to the prevalence of trafficking in human beings for commercial sexual exploitation in Cyprus and the role of the cabaret industry and “artiste” visas in facilitating trafficking in Cyprus.

Law – Article 37 § 1: The Court refused the Cypriot Government’s request for the application to be struck out. It found that, despite the unilateral declaration acknowledging violations of the Convention, respect for human rights in general required it to continue its examination of the case in view of the serious nature of the allegations, the acute nature of the problem of trafficking and sexual exploitation in Cyprus and the paucity of case-law on the question of the interpretation and application of Article 4 of the Convention to trafficking in human beings.

%I European Court of Human Rights %G eng %U http://hudoc.echr.coe.int/eng#{"fulltext":["Case%20of%20Rantsev%20v%20Cyprus%20and%20Russia"],"respondent":["CYP"],"documentcollectionid2":["GRANDCHAMBER","CHAMBER"]} %0 Report %D 2010 %T Promotion and Protection of all Human Rights, Civil, Political, Economic, Social, and Cultural Rights, Including the Right to Development: Report of the Special Rapporteur on violence against women, its causes and consequences, Rashida Manjoo - 23 April 2 %A Rashida Manjoo %X

http://ap.ohchr.org/documents/sdpage_e.aspx?b=10&se=109&t=9

Report located in the third row of the second page - A/HRC/14/22

This is the first thematic report submitted to the Human Rights Council by Rashida Manjoo, Special Rapporteur on violence against women, its causes and consequences, since her appointment in June 2009. In addition to providing an overview of the main activities carried out by the Special Rapporteur, the report focuses on the topic of reparations to women who have been subjected to violence in contexts of both peace and post-conflict.

%B United Nations Human Rights, Office of the High Commissioner for Human Rights %I United Nations Human Rights, Office of the High Commissioner for Human Rights %G eng %U http://ap.ohchr.org/documents/sdpage_e.aspx?b=10&se=109&t=9 %0 Report %D 2010 %T Report of the Special Rapporteur on violence against women, its causes and consequences, Rashida Manjoo, Addendum, Communications to and from Governments - 2 June 2010 %A Rashida Manjoo %X

http://ap.ohchr.org/documents/sdpage_e.aspx?b=10&se=109&t=9

Report located in the fourth row of the second page - A/HRC/14/22/Add.1

This addendum to the Special Rapporteur’s annual report contains, on a country by country basis, summaries of communications (allegations letters and urgent appeals) sent to Governments on individual cases and general situations of concern to her mandate. This report includes summaries of the communications sent from 1 March 2009 to 20 March 2010 (with respect to allegation letters), and from 3 April 2009 to 15 April 2010 (with respect to urgent appeals). The report also contains summaries of government replies received until 17 May 2010.

%B United Nations, Office of the High Commissioner for Human Rights %I United Nations, Office of the High Commissioner for Human Rights %G eng %U http://ap.ohchr.org/documents/sdpage_e.aspx?b=10&se=109&t=9 %0 Report %D 2010 %T Responsabilidad estatal por violencia de género: comentarios sobre el caso “Campo Algodonero” en la Corte Interamericana de Derechos Humanos %A Víctor Abramovich %X

http://www.anuariocdh.uchile.cl/index.php/ADH/article/viewArticle/11491

El artículo analiza la violencia de género y su relación con la discriminación estructural, y los distintos modelos de imputación de responsabilidad internacional del Estado por actos de terceros que se desprenden de los precedentes de la Corte Interamericana de Derechos Humanos, en la sentencia del Caso González y otras (Campo Algodonero) vs. México.  

%B Centro de Derechos Humanos Facultad de Derecho Universidad de Chile %P 167-182 %G eng %U http://www.anuariocdh.uchile.cl/index.php/ADH/article/viewArticle/11491 %0 Report %D 2010 %T Tools for the Protection of Human Rights - Summaries of Jurisprudence: Gender-based Violence %X

https://cejil.org/en/publicaciones/tools-protection-human-rights-summaries-jurisprudence-gender-based-violence

This compilation of international standards provides a solid jurisprudential research body and it presents a wider panorama of women’s reality in very different contexts revealing the indisputable persistence of gender-based violence in the world, in spite of the advances in the normative field. The selected cases are some of the most paradigmatic ones among those which, to date, have motivated some type of response from human rights protection systems.

%B CEJIL.org %I Center for Justice and International Law %G eng %U https://cejil.org/en/publicaciones/tools-protection-human-rights-summaries-jurisprudence-gender-based-violence %0 Report %D 2010 %T Pakistan: State of Human Rights in 2010 %E Najam U Din %X

http://hrcp-web.org/publication/book/annual-report-2010-english/

Ratification by Pakistan of all core international human rights treaties was among the positive highlights of the year, although the benefits were not immediately visible to the people. Two new laws were enacted to deal with sexual harassment. The Commission of Enquiry on Missing Persons cited the intelligence agenciesí role in enforced disappearances and for the first time the Supreme Court issued notices to these agenciesí heads. In the conflict-ravaged Swat region, the Taliban could no longer patrol the roads or flog citizens. The activities of non-governmental organisations grew, although many of the threats they faced also increased. 

%I Human Rights Commission of Pakistan %G eng %U http://hrcp-web.org/publication/book/annual-report-2010-english/ %0 Report %D 2010 %T Advancing Sexual Health and Human Rights in the Western Pacific %A Simone Cusack %X

http://www.plri.org/resource/advancing-sexual-health-and-human-rights-western-pacific

Widespread criminalization of sex work has had the effect of undermining the sexual health of sex workers, for instance by preventing them from accessing health care services for fear of criminal prosecution if found to be a sex worker. Moreover, laws permitting mandatory HIV or STI testing of sex workers and mandating disclosure of private health information to employers sanction direct interference in the private lives of sex workers.

%B Paulo Longo Research Initiative %I World Health Organization %G eng %U http://www.plri.org/resource/advancing-sexual-health-and-human-rights-western-pacific %0 Legal Rule or Regulation %D 2010 %T Case of A, B, and C v. Ireland %X

http://hudoc.echr.coe.int/eng?i=001-102332

A., B. and C. v. Ireland concerned three Irish applicants who, in their first trimester of pregnancy, had travelled to England to have an abortion because they believed they would not be allowed to have one in Ireland.

The Irish Constitution, unlike the European Convention on Human Rights, explicitly extends the right to life to the unborn foetus. Abortion is moreover prohibited under the criminal law by section 58 of the Offences Against the Person Act 1861 (“the 1861 Act”) providing as penalty “penal servitude for life”. However, this does not mean that abortion constitutes a criminal act in all circumstances in Ireland. The 1861 legislation needs to be read in light of the amended Irish Constitution, which states in Article 40.3.3: “3° The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right; This subsection shall not limit freedom to travel between the State and another state; This subsection shall not limit freedom to obtain or make available, in the State, subject to such conditions as may be laid down by law, information relating to services lawfully available in another state.”

However, no legislation or other regulatory measures have been adopted to clarify what is meant by the “equal right to life of the mother” and in which situations there is a real and substantial risk to that right to life such as to outweigh the right to life of the unborn foetus.

In A., B. and C. v. Ireland the Grand Chamber of the Court first distinguished between the circumstances of the first and the second applicant on the one hand and the third applicant on the other. It found that the first and second applicant travelled for an abortion for reasons of health and/or well-being, while the third applicant travelled for an abortion as she mainly feared her pregnancy constituted a risk to her life. Moreover, the third applicant complained that she required a regulatory framework by which any risk to her life and her entitlement to a lawful abortion in Ireland could be established, so that any information provided outside such a framework was insufficient. The Court consequently treated the complaint of the third applicant separately.

 

%I European Court of Human Rights %G eng %U http://hudoc.echr.coe.int/eng?i=001-102332 %0 Legal Rule or Regulation %D 2010 %T Case of A, B, and C v. Ireland %A European Court %X

http://strasbourgobservers.com/2010/12/17/a-b-and-c-v-ireland-abortion-and-the-margin-of-appreciation/

A., B. and C. v. Ireland concerned three Irish applicants who, in their first trimester of pregnancy, had travelled to England to have an abortion because they believed they would not be allowed to have one in Ireland.

The Irish Constitution, unlike the European Convention on Human Rights, explicitly extends the right to life to the unborn foetus. Abortion is moreover prohibited under the criminal law by section 58 of the Offences Against the Person Act 1861 (“the 1861 Act”) providing as penalty “penal servitude for life”. However, this does not mean that abortion constitutes a criminal act in all circumstances in Ireland. The 1861 legislation needs to be read in light of the amended Irish Constitution, which states in Article 40.3.3: “3° The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right; This subsection shall not limit freedom to travel between the State and another state; This subsection shall not limit freedom to obtain or make available, in the State, subject to such conditions as may be laid down by law, information relating to services lawfully available in another state.”

However, no legislation or other regulatory measures have been adopted to clarify what is meant by the “equal right to life of the mother” and in which situations there is a real and substantial risk to that right to life such as to outweigh the right to life of the unborn foetus.

In A., B. and C. v. Ireland the Grand Chamber of the Court first distinguished between the circumstances of the first and the second applicant on the one hand and the third applicant on the other. It found that the first and second applicant travelled for an abortion for reasons of health and/or well-being, while the third applicant travelled for an abortion as she mainly feared her pregnancy constituted a risk to her life. Moreover, the third applicant complained that she required a regulatory framework by which any risk to her life and her entitlement to a lawful abortion in Ireland could be established, so that any information provided outside such a framework was insufficient. The Court consequently treated the complaint of the third applicant separately.

%G eng %U http://strasbourgobservers.com/2010/12/17/a-b-and-c-v-ireland-abortion-and-the-margin-of-appreciation/ %0 Legal Rule or Regulation %D 2010 %T Case of Hajduova v. Slovakia %X

http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"fulltext":["Hajduova%20v.%20Slovakia"],"documentcollectionid2":["GRANDCHAMBER","CHAMBER"]}

The husband repeatedly attacked and threatened his wife. She moved to a refuge with the children. The husband was diagnosed as suffering from a serious personality disorder and recommended treatment as in-patient in a psychiatric hospital. On conviction, the court held that he should undergo psychiatric treatment instead of a prison sentence. The husband was released from the hospital and immediately verbally threatened the wife and her lawyer. The wife alleged a violation of her Convention rights for the failure to detain and treat the husband following the first conviction.

Held that the state's failure to order the husband's detention enabled him to make further threats against the wife and was a breach of the state's positive obligations under Article 8 to secure respect for the wife's private life.

%I European Court of Human Rights %G eng %U http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"fulltext":["Hajduova%20v.%20Slovakia"],"documentcollectionid2":["GRANDCHAMBER","CHAMBER"]} %0 Legal Rule or Regulation %D 2010 %T Case of Neulinger and Shuruk v. Switzerland %X

hudoc.echr.coe.int/

Facts – The first applicant, a Swiss national, settled in Israel, where she got married and the couple had a son. When she feared that the child (the second applicant) would be taken by his father to an ultra-orthodox community abroad, known for its zealous proselytising, the Family Court imposed a ban on the child’s removal from Israel until he attained his majority. The first applicant was awarded temporary custody, and parental authority was to be exercised by both parents jointly. The father’s access rights were subsequently restricted on account of his threatening behaviour. The parents divorced and the first applicant secretly left Israel for Switzerland with her son. At last instance, the Swiss Federal Court ordered the first applicant to return the child to Israel.

In a Chamber judgment of 8 January 2009, the European Court held, by four votes to three, that there had been no violation of Article 8 of the Convention (see Information Note no. 120).

Law – Article 8: In the opinion of the national courts and experts, the child’s return to Israel could be envisaged only if he was accompanied by his mother. The measure in question remained within the margin of appreciation afforded to national authorities in such matters. Nevertheless, in order to assess compliance with Article 8, it was also necessary to take into account any developments since the Federal Court’s judgment ordering the child’s return. The Court took the view that it could be guided on this point, mutatis mutandis, by its case-law on the expulsion of aliens and the criteria on which to assess the proportionality of an expulsion order against a minor who had settled in the host State. In the present case, the child was a Swiss national and had settled very well in the country where he had been living continuously for about four years. Even though he was at an age (seven years old) where he still had a significant capacity for adaptation, the fact of being uprooted again would probably have serious consequences for him and had to be weighed against any benefit that he was likely to gain from it. In this connection, it was noteworthy that restrictions had been imposed on the father’s right of access before the child’s abduction. Moreover, the father had remarried twice since then and was now a father again but had failed to pay maintenance for his daughter. The Court doubted that such circumstances would be conducive to the child’s well-being and development. As to the mother, her return to Israel could expose her to a risk of criminal sanctions, such as a prison sentence. It was clear that such a situation would not be in the child’s best interests, his mother probably being the only person to whom he related. The mother’s refusal to return to Israel was not therefore totally unjustified. Even supposing that she agreed to return to Israel, the father’s capacity to take care of the child in the event of criminal proceedings against her and of her subsequent imprisonment could be called into question, in view of his past conduct and limited means. Moreover, the father had never lived alone with the child and had not seen him since the child’s departure at the age of two. The Court was thus not convinced that it would be in the child’s best interests for him to return to Israel. As to the mother, she would sustain a disproportionate interference with her right to respect for her family life. Consequently, there would be a violation of Article 8 in respect of both applicants if the decision ordering the second applicant’s return to Israel were to be enforced.

Conclusion: violation (sixteen votes to one).

Article 41: Finding of a violation constituted sufficient just satisfaction in respect of any non-pecuniary damage.

%B European Court of Human Rights %G eng %U hudoc.echr.coe.int/ %0 Legal Rule or Regulation %D 2010 %T Case of Neulinger and Shuruk v. Switzerland %X

http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"fulltext":["Neulinger%20and%20Shuruk%20v.%20Switzerland"],"documentcollectionid2":["GRANDCHAMBER","CHAMBER"]}

Facts – The first applicant, a Swiss national, settled in Israel, where she got married and the couple had a son. When she feared that the child (the second applicant) would be taken by his father to an ultra-orthodox community abroad, known for its zealous proselytising, the Family Court imposed a ban on the child’s removal from Israel until he attained his majority. The first applicant was awarded temporary custody, and parental authority was to be exercised by both parents jointly. The father’s access rights were subsequently restricted on account of his threatening behaviour. The parents divorced and the first applicant secretly left Israel for Switzerland with her son. At last instance, the Swiss Federal Court ordered the first applicant to return the child to Israel.

In a Chamber judgment of 8 January 2009, the European Court held, by four votes to three, that there had been no violation of Article 8 of the Convention (see Information Note no. 120).

Law – Article 8: In the opinion of the national courts and experts, the child’s return to Israel could be envisaged only if he was accompanied by his mother. The measure in question remained within the margin of appreciation afforded to national authorities in such matters. Nevertheless, in order to assess compliance with Article 8, it was also necessary to take into account any developments since the Federal Court’s judgment ordering the child’s return. The Court took the view that it could be guided on this point, mutatis mutandis, by its case-law on the expulsion of aliens and the criteria on which to assess the proportionality of an expulsion order against a minor who had settled in the host State. In the present case, the child was a Swiss national and had settled very well in the country where he had been living continuously for about four years. Even though he was at an age (seven years old) where he still had a significant capacity for adaptation, the fact of being uprooted again would probably have serious consequences for him and had to be weighed against any benefit that he was likely to gain from it. In this connection, it was noteworthy that restrictions had been imposed on the father’s right of access before the child’s abduction. Moreover, the father had remarried twice since then and was now a father again but had failed to pay maintenance for his daughter. The Court doubted that such circumstances would be conducive to the child’s well-being and development. As to the mother, her return to Israel could expose her to a risk of criminal sanctions, such as a prison sentence. It was clear that such a situation would not be in the child’s best interests, his mother probably being the only person to whom he related. The mother’s refusal to return to Israel was not therefore totally unjustified. Even supposing that she agreed to return to Israel, the father’s capacity to take care of the child in the event of criminal proceedings against her and of her subsequent imprisonment could be called into question, in view of his past conduct and limited means. Moreover, the father had never lived alone with the child and had not seen him since the child’s departure at the age of two. The Court was thus not convinced that it would be in the child’s best interests for him to return to Israel. As to the mother, she would sustain a disproportionate interference with her right to respect for her family life. Consequently, there would be a violation of Article 8 in respect of both applicants if the decision ordering the second applicant’s return to Israel were to be enforced.

Conclusion: violation (sixteen votes to one).

Article 41: Finding of a violation constituted sufficient just satisfaction in respect of any non-pecuniary damage.

%I European Court of Human Rights %G eng %U http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"fulltext":["Neulinger%20and%20Shuruk%20v.%20Switzerland"],"documentcollectionid2":["GRANDCHAMBER","CHAMBER"]} %0 Journal Article %J Hastings International and Comparative Law Review %D 2010 %T Health, Human Rights, and Violence Against Women and Girls: Broadly Redefining Affirmative State Duties After Opuz v. Turkey %A Cheryl Hanna %X

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1652825

By expanding our understanding of human rights and affirmative state duties to include explicit concerns about female health, we provide a more complete articulation of a rights-based approach to elimination of gendered violence, thereby honoring principles of equality within a broader human rights framework. ... While few would question that states have an affirmative duty to implement policies geared at ending male violence against females, many would question whether such policies should include mandated interventions that are contrary to a woman's choice to preference her privacy over her health or safety. ... When assessing whether a nation has violated its duties under the European Convention for the Protection of Human Rights and Fundamental Freedoms ("European Convention"), the Court required states to intervene if authorities knew or should have known there was a risk to the life of an individual by a third party. ... Second, and perhaps more importantly, all of the available data suggests that intimate partner violence is among the greatest preventable health risks that women and girls face. ... Nahide fell into the category of a "vulnerable individual" as a repeat victim of domestic violence who felt helpless because of the inadequate protection the State offered. ... Therefore, while Opuz does not directly create an explicit right to health in the context of gendered violence, it does give life to such a concept by articulating a clear standard of positive state intervention. 

%B Hastings International and Comparative Law Review %P 10-48 %G eng %U http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1652825 %0 Legal Rule or Regulation %D 2010 %T Case of Vertido v. Philippines %A CEDAW %X

http://www2.ohchr.org/english/law/jurisprudence.htm

CEDAW/C/46/D/18/2008

In 1996, Karen Tayag Vertido worked as Executive Director of the Davao City Chamber of Commerce and Industry in the Philippines.  She filed a complaint against the then President of the Chamber, Jose B. Custodio, accusing him of raping her.  She alleged that the accused offered her a lift home following a business meeting one evening and that, instead, raped her in a nearby hotel.

Ms Vertido subsequently submitted a communication to the Committee on the Elimination of Discrimination against Women (CEDAW Committee).  She alleged that the acquittal of Mr Custodio breached the right to non-discrimination, the right to an effective remedy, and the freedom from wrongful gender stereotyping, in violation of articles 2(c), 2(d), 2(f) and 5(a) of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

 

%B C/46/D/18/2008; Communication No. 18/2008 %I Committee on the Elimination of Discrimination against Women (CEDAW) %G eng %U http://www2.ohchr.org/english/law/jurisprudence.htm %0 Government Document %D 2010 %T CEDAW General Recommendation No. 27 - 2010 - On Older women and protection of their human rights %A CEDAW %X

http://www.ohchr.org/EN/HRBodies/CEDAW/Pages/Recommendations.aspx

1. The Committee on the Elimination of Discrimination against Women (hereinafter referred to as “the Committee”), concerned about the multiple forms of discrimination experienced by older women and that older women’s rights are not systematically addressed in States parties’ reports, at its forty-second session, pursuant to article 21 of the Convention on the Elimination of All Forms of Discrimination against Women (hereinafter referred to as “the Convention”), decided to adopt a general recommendation on older women and protection of their human rights.

2. In its decision 26/III, the Committee recognized that the Convention “is an important tool for addressing the specific issue of the human rights of older women”. General Recommendation No. 25, on article 4, paragraph 1, of the Convention on temporary special measures (see E/CN.6/2004/CRP.3, annex I) also recognises that age is one of the grounds on which women suffer multiple forms of discrimination. In particular, the Committee recognized the need for statistical data disaggregated by age and sex as a way to better assess the situation of older women. 

%B C/GC/27 %G eng %U http://www.ohchr.org/EN/HRBodies/CEDAW/Pages/Recommendations.aspx %0 Government Document %D 2010 %T CEDAW General Recommendation No. 28 - 2010 - The Core Obligations of State Parties under Article 2 of CEDAW %X

http://www.ohchr.org/EN/HRBodies/CEDAW/Pages/Recommendations.aspx

Through this general recommendation, the Committee on the Elimination of Discrimination against Women (“the Committee”) aims to clarify the scope and meaning of article 2 of the Convention on the Elimination of All Forms of Discrimination against Women (“the Convention”), which provides ways for States parties to implement domestically the substantive provisions of the Convention. The Committee encourages States parties to translate this general recommendation into national and local languages and to disseminate it widely to all branches of Government, civil society, including the media, academia and human rights and women’s organizations and institutions.

2. The Convention is a dynamic instrument that accommodates the development of international law. Since its first session in 1982, the Committee on the Elimination of Discrimination against Women and other actors at the national and international levels have contributed to the clarification and understanding of the substantive content of the Convention’s articles, the specific nature of discrimination against women and the various instruments required for combating such discrimination. 

%B CEDAW %G eng %U http://www.ohchr.org/EN/HRBodies/CEDAW/Pages/Recommendations.aspx %0 Government Document %D 2010 %T Family Violence - A National Legal Response (ALRC 114 Summary) %X

http://www.alrc.gov.au/publications/family-violence-national-legal-response-alrc-114-summary

This 76-page Summary Report provides an accessible overview of the policy framework and recommendations in the two-volume Final Report, Family Violence - A National Legal Response (ALRC Report 114).

It offers a consideration of the framework for the reform, including a description of the development of the key principles underpinning the 187 final recommendations. The recommendations are then considered as an expression of two principal themes—improving legal frameworks and improving practice, concluding with a summary of the net effect of the recommendations.

%B Australian Law Reform Commission %G eng %U http://www.alrc.gov.au/publications/family-violence-national-legal-response-alrc-114-summary %0 Journal Article %J Eastern Mediterranean Health Journal %D 2010 %T Wife abuse: a hidden problem. A study among Saudi women attending PHC centres. %A A Tashkandi %A F P Rasheed %X

http://www.emro.who.int/emhj-volume-15-2009/volume-15-issue-5/wife-abuse-a-hidden-problem-a-study-among-saudi-women-attending-phc-centres.html

The aim of this cross-sectional study was to measure the prevalence, severity and type of wife abuse experienced by ever-married women attending primary health centres in Medina, Saudi Arabia.

Women were interviewed in private at health centres using a questionnaire which included items from the Modified Conflict Tactic Scale, Kansas Marital Scale and the lie scale of the Minnesota Multiphase Personality Inventory.

Of 689 eligible women, 25.7% reported physical abuse and 32.8% emotional abuse without physical violence. Of those physically abused, 36.7% suffered minor and 63.3% severe incidents. The lifetime prevalence of abuse among the women was 57.7%. Only 36.7% of 109 abused women had informed and discussed the issue with their primary care physician.

%B Eastern Mediterranean Health Journal %I Department of Family and Community Medicine, King Fahad Hospital Employee Clinic %V 15 %P 1242-1253 %G eng %U http://www.emro.who.int/emhj-volume-15-2009/volume-15-issue-5/wife-abuse-a-hidden-problem-a-study-among-saudi-women-attending-phc-centres.html %N 5 %0 Report %D 2010 %T The World's Women 2010: Trends and Statistics %X

http://unstats.un.org/unsd/demographic/products/Worldswomen/WW2010pub.htm

The World’s Women 2010: Trends and Statistics is the fifth issue of The World’s Women and is being produced to coincide with the first-ever World’s Statistics Day, 20.10.2010. The current issue highlights the differences in the status of women and men in eight areas – population and families, health, education, work, power and decision-making, violence against women, environment and poverty. Analyses are based mainly on statistics from international and national statistical sources.
The World’s Women 2010 shows that progress towards gender equality has been made in some areas, such as school enrolment, health and economic participation. At the same time the report shows that much more needs to be done to close the gender gap in critical areas such as power and decision-making and violence against women.

%B UN Stats %I United Nations Statistics Division %G eng %U http://unstats.un.org/unsd/demographic/products/Worldswomen/WW2010pub.htm %0 Government Document %D 2010 %T AICHR Five-Year Work Plan 2010-2015 %X

http://aichr.org/documents/

Pursuant to the Terms of Reference (TOR) of the AICHR, this five-year Work Plan for the period of 2010 – 2015 includes programmes and activities of the AICHR with indicative budget to be approved by the ASEAN Foreign Ministers Meeting, upon the recommendation of the Committee of Permanent Representatives to ASEAN.

AICHR is guided by the ASEAN Charter, the TOR of AICHR and the purposes and principles contained therein. AICHR desires that the ASEAN community shall be free from fear, war, aggression and poverty. The peoples of ASEAN shall enjoy the right to live in peace, dignity and prosperity. There shall be a balance between rights, duties and responsibilities of individuals in the context of the ASEAN Community. The Member States of ASEAN and all sectors of their respective societies have the shared responsibility to ensure the promotion and protection of these rights and duties.

The objective of the AICHR Work Plan 2010-2015 is to give reality to the Terms of Reference of AICHR. To that end, the Work Plan is aimed at realizing the aspiration of the people of ASEAN on human rights, strengthening AICHR, promoting awareness on human rights in ASEAN and enhancing cooperation with external partners, as well as to implement AICHR’s overarching mandate on human rights, thereby contributing to the successful building of an ASEAN Community by 2015.

%B ASEAN Intergovernmental Commission on Human Rights %G eng %U http://aichr.org/documents/ %0 Report %D 2010 %T Towards a Europe Free from All Forms of Male Violence against Women %X

 

https://www.womenlobby.org/Towards-a-Europe-Free-from-All-Forms-of-Male-Violence-against-Women-December
 
 
 

The Council of Europe Task Force to Combat Violence against Women, including Domestic Violence (EG-TFV), was set up following a decision taken at the Third Summit of Heads of State and Government of the Council of Europe held in Warsaw on 16 and 17 May 2005. The Action Plan adopted at the Summit defines future action by the Council of Europe and envisages activities to combat vio- lence against women, including domestic violence. Section II.4 of the Plan states:

“The Council of Europe will take meas- ures to combat violence against women, including domestic violence. It will set up a task force to evaluate progress at national level and establish instruments for quantifying develop- ments at pan-European level with a view to drawing up proposals for action. A pan-European campaign to combat violence against women, in- cluding domestic violence, will be pre- pared and conducted in close co- operation with other European and na- tional actors, including NGOs.”

Accordingly, eight international experts in the field of preventing and combating violence against women were appointed to the Task Force by the Secretary General of the Council of Europe. The Steering Committee

for Equality between Women and Men (CDEG) proposed six members of the Task Force, while the Parlia- mentary Assembly and the Congress of Regional and Local Authorities of the Council of Europe proposed one member each. The appointments were made in consultation with the Committee of Ministers' Thematic Co-ordinator on Equality between Women and Men (TC-EG) and the Council of Europe Commissioner for Human Rights. 

%B Centre on Violence against Women %I European Women's Lobby %G eng %U https://www.womenlobby.org/Towards-a-Europe-Free-from-All-Forms-of-Male-Violence-against-Women-December %0 Journal Article %J The Protection Project: Johns Hopkins University School of Advanced International Studies %D 2010 %T Model Law on Violence against Women: Domestic Violence %X

http://www.protectionproject.org/resources/law-library/human-rights-model-laws/

Model Law on Violence Against Women: Domestic Violence, The Protection Project at The Johns Hopkins University School of Advanced International Studies in cooperation with the Alexandria Regional Center for Women’s Health and Development

This Law takes into consideration the following principles that guide its implementation and interpretation:

  1. Respect for the human rights of women, their integrity and dignity;

  2. Non‐discrimination and the principle of equality;

  3. A gender‐sensitive approach;

  4. A victim‐centered approach

  5. The best interest of the child as a member of the family. 

%B The Protection Project: Johns Hopkins University School of Advanced International Studies %G eng %U http://www.protectionproject.org/resources/law-library/human-rights-model-laws/ %0 Conference Paper %B 14th Annual Domestic Violence Conference at Fordham University %D 2010 %T Human Rights and Domestic Violence: An Advocacy Manual %X

http://web.law.columbia.edu/human-rights-institute/publications

This Manual offers guidance on how relevant human rights treaties, instruments, jurisprudence, and other sources may be useful for domestic violence advocacy. Divided into seven chapters, it aims to serve as a quick reference for busy advocates.

%B 14th Annual Domestic Violence Conference at Fordham University %I Columbia Law School Human Rights Clinic and the Columbia Law School Sexuality & Gender Law Clinic %C New York City %8 February 2010 %G eng %U http://web.law.columbia.edu/human-rights-institute/publications %0 Report %D 2010 %T Family Violence - A National Legal Response (ALRC Report 114) %X

http://www.alrc.gov.au/publications/family-violence-national-legal-response-alrc-report-114

This Summary Report provides an accessible overview of the policy framework and recommendations in the two-volume Final Report in the Inquiry into family violence by the Australian Law Reform Commission (ALRC) and the New South Wales Law Reform Commission (the Commissions). The full Report sets out in detail the issues raised by the Terms of Reference, and the research and evidence base upon which the Commissions’ recommendations were formulated, including a thorough discussion of stakeholder views and the Commissions’ conclusions.

This Summary Report begins with a snapshot of the context for the Inquiry, including the background to the Terms of Reference. This is followed by a consideration of the framework for the reform, including a description of the development of the key principles underpinning the 187 final recommendations put forward by the Commissions. The recommendations are then considered as an expression of two principal themes—improving legal frameworks and improving practice, concluding with a summary of the net effect of the recommendations.

%B Australian Law Reform Commission %I Australian Law Reform Commission %G eng %U http://www.alrc.gov.au/publications/family-violence-national-legal-response-alrc-report-114 %0 Bill %D 2009 %T Addressing the Needs and Supporting the Crucial Roles of Widows in Society, Particularly in Conflict and Post-Conflict Scenarios %X

A resolution ratified by the ICW-CIF GENERAL ASSEMBLY, 14-19 October 2009, Johannesburg, South Africa (in association with National Council of Women of Great Britain and Widows for Peace through Democracy).

%I The International Council of Women %C Johannesburg, South Africa %G eng %0 Journal Article %J Feminist Criminology %D 2009 %T The Levels and Roles of Social and Institutional Support Reported by Survivors of Intimate Partner Abuse %A Joanne Belknap %A Heather C Melton %A Cris Sullivan %A Ruth E Fleury-Steiner %A Justin T Denney %X

http://fcx.sagepub.com/content/4/4/377.abstract

*The full article is available through this link. This article may be available free of charge to those with university credentials.

This article explores the roles of social (informal) and institutional (formal) support in the lives of 158 women whose intimate partner abuse (IPA) cases reached the courts in three jurisdictions in the United States.  Women were asked who knew about the IPA and their levels of supportiveness. Data analysis includes comparisons across the women in terms of social support and institutional support, and how these were related to the women’s demographic characteristics, whether they were still in a relationship with their abusers, the severity of the violence, and the women’s mental health.

%B Feminist Criminology %V 4 %P 337-402 %G eng %U http://fcx.sagepub.com/content/4/4/377.abstract %N 4 %0 Journal Article %J Journal of Consulting and Clinical Psychology %D 2009 %T Main, mediating, and moderating effects of social support on the well-being of survivors of intimate partner violence across 2 years. %A Marisa L Beeble %A Deborah Bybee %A Cris Sullivan %A Adrienne E Adams %X

http://www.ncbi.nlm.nih.gov/pubmed/19634964

*The full article is available through this link. This article may be available free of charge to those with university credentials.

Intimate partner violence is a serious and pervasive social problem with deleterious consequences for survivors' well-being. The current study involved interviewing 160 survivors 6 times over 2 years to examine the role of social support in explaining or buffering these negative psychological consequences. The authors examined both between- and within-persons variability to explore women's trajectories regarding their experiences of abuse, social support, depression, and quality of life (QOL). Findings revealed the complex role of social support on women's well-being. Evidence was found for main, mediating, and moderating effects of social support on women's well-being. First, social support was positively related to QOL and negatively related to depression. Social support also partially explained the effect of baseline level and subsequent change in physical abuse on QOL and depression over time, partially mediated the effects of change in psychological abuse, and moderated the impact of abuse on QOL. The buffering effects of social support were strongest at lower levels of abuse. Implications for future research and intervention are discussed.

%B Journal of Consulting and Clinical Psychology %V 77 %P 718-729 %G eng %U http://www.ncbi.nlm.nih.gov/pubmed/19634964 %N 4 %0 Web Page %D 2009 %T Vivir violencia, cruzar los límites. Prácticas y discursos en torno a la violencia contra las mujeres en comunidades indígenas del Ecuador %A Andrea Pequeño %X

http://www.academia.edu/1796405/_Vivir_violencia_cruzar_los_l%C3%ADmites._Prácticas_y_discursos_en_torno_a_la_violencia_contra_las_mujeres_en_comunidades_ind%C3%ADgenas_del_Ecuador_Andrea_Pequeño

En base a información cualitativa y cuantitativa, este texto analiza la violencia contra mujeres en una comunidad Kichwa de la provincia de Imbabura, en la sierra ecuatoriana. Para ello, relaciona las distintas formas demaltrato con el ciclo biológico-vital de las mujeres y las evidencia comoun ejercicio de poder, domesticación y control de la autonomía. En estemismo sentido, da cuenta de las dificultades en el acceso a los sistemas de justicia. Destaca, además, los discursos de las propias mujeres ante la violencia. Propone que, desde distintas posiciones, asumir, actuar y/o hacerfrente al fenómeno implica necesariamente un cruce de límites y fronte-ras reales y simbólicas. En este sentido, interpreta la apelación al discursode los Derechos Humanos como una política de reconocimiento y comouna resignificación estratégica que, actuando desde el ámbito privado, lespermite defender y contestar a los modelos impuestos sin romper –enestricto sentido– con los órdenes familiares y comunitarios.
Palabras clave: mujeres indígenas, violencia, fronteras, estrategias, derechos, Ecuador
%B Academia %G eng %U http://www.academia.edu/1796405/_Vivir_violencia_cruzar_los_l%C3%ADmites._Prácticas_y_discursos_en_torno_a_la_violencia_contra_las_mujeres_en_comunidades_ind%C3%ADgenas_del_Ecuador_Andrea_Pequeño %0 Report %D 2009 %T No More Stolen Sisters: The need for a comprehensive response to discrimination and violence against Indigenous women in Canada %X

http://www.amnesty.ca/research/reports/no-more-stolen-sisters-the-need-for-a-comprehensive-response-to-discrimination-and-

Indigenous women in Canada face much higher rates of violence than other women. In a 2004 Canadian government survey, Indigenous women reported rates of violence, including domestic violence and sexual assault, 3.5 times higher than non-Indigenous women. Studies suggest that assaults against Indigenous women are not only more frequent, they are also often particularly brutal. According to another government survey, young First Nations women are five times more likely than other women to die as a result of violence.

%B Amnesty International %I Amnesty International %G eng %U http://www.amnesty.ca/research/reports/no-more-stolen-sisters-the-need-for-a-comprehensive-response-to-discrimination-and- %0 Report %D 2009 %T Recent Gains and New Opportunities for Women's Rights in the Gulf Arab States %A Sanja Kelly %X

https://freedomhouse.org/article/womens-activists-see-gains-gulf-arab-states#.VcjK_JNVikq

Please access the home page of this site to locate this publication.

As the societies of the Middle East and North Africa (MENA) undertake the difficult process of enacting social and political change, the unequal status of women stands out as a particularly formidable obstacle. This study presents detailed reports and quantitative ratings on the state of women’s rights in the member states of the Gulf Cooperation Council (GCC): Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates (UAE). It is the first installment of a larger project encompassing the entire MENA region, which will be completed in November 2009. Although the study indicates that a substantial deficit in women’s rights persists in every country of the Gulf region and is reflected in practically every facet of their societies, its findings also include the notable progress achieved over the last five years, particularly in terms of economic and political rights

%I Freedom House %G eng %U https://freedomhouse.org/article/womens-activists-see-gains-gulf-arab-states#.VcjK_JNVikq %0 Report %D 2009 %T No More Stolen Sisters: The need for a comprehensive response to discrimination and violence against Indigenous women in Canada %X

http://www.amnesty.ca/research/reports/no-more-stolen-sisters-the-need-for-a-comprehensive-response-to-discrimination-and-

‘Families like mine all over Canada are wondering how many more sisters and daughters we have to lose before real government action is taken.’ Darlene Osborne whose relatives, Felicia Solomon and Helen Betty Osborne, were murdered.

Indigenous women in Canada face much higher rates of violence than other women. In a 2004 Canadian government survey, Indigenous women reported rates of violence, including domestic violence and sexual assault, 3.5 times higher than non-Indigenous women. Studies suggest that assaults against Indigenous women are not only more frequent, they are also often particularly brutal. According to another government survey, young First Nations women are five times more likely than other women to die as a result of violence.

In October 2004, Amnesty International released  a report, Stolen Sisters: A Human Rights Response to Discrimination and Violence against Indigenous Women in Canada which documented some of the underlying causes of violence against Indigenous women carried out by both Indigenous and non-Indigenous men. As the report showed, widespread and entrenched racism, poverty and marginalization are critical factors exposing Indigenous women to a heightened risk of violence while denying them adequate protection by police and government services.

%I Amnesty International %G eng %U http://www.amnesty.ca/research/reports/no-more-stolen-sisters-the-need-for-a-comprehensive-response-to-discrimination-and- %0 Legal Rule or Regulation %D 2009 %T Inter-American Court of Human Rights, Case of González et al. (“Cotton Field”) v. Mexico %X

http://www.oas.org/en/iachr/women/decisions/ia_court_hr.asp

1. On November 4, 2007, under Articles 51 and 61 of the Convention, the Inter- American Commission on Human Rights (hereinafter “the Commission” or “the Inter- American Commission”) presented an application against the United Mexican States (hereinafter “the State” or “Mexico”), which gave rise to the instant case. The initial petition was presented to the Commission on March 6, 2002. On February 24, 2005, the Commission approved Reports Nos. 16/05, 17/05 and 18/05, declaring the respective petitions admissible. On January 30, 2007, the Commission notified the parties of its decision to joinder the three cases. Subsequently, on March 9, 2007, it approved the Report on merits No. 28/07, in accordance with Article 50 of the Convention, with specific recommendations for the State. This report was notified to the State on April 4, 2007. Upon considering that Mexico had not adopted its recommendations, the Commission decided to submit the case to the jurisdiction of the Court. The Commission appointed Commissioner Florentín Meléndez and Executive Secretary Santiago A. Canton, as delegates, and Elizabeth Abi-Mershed, Deputy Executive Secretary, and Juan Pablo Albán, Marisol Blanchard, Rosa Celorio and Fiorella Melzi, Executive Secretariat specialists, as legal advisers.

2. The application relates to the State’s alleged international responsibility for “the disappearance and subsequent death” of the Mss. Claudia Ivette González, Esmeralda Herrera Monreal and Laura Berenice Ramos Monárrez (hereinafter “Mss. González, Herrera and Ramos”), whose bodies were found in a cotton field in Ciudad Juárez on November 6, 2001. The State is considered responsible for “the lack of measures for the protection of the victims, two of whom were minor children, the lack of prevention of these crimes, in spite of full awareness of the existence of a pattern of gender- related violence that had resulted in hundreds of women and girls murdered, the lack of response of the authorities to the disappearance [...]; the lack of due diligence in the investigation of the homicides [...], as well as the denial of justice and the lack of an adequate reparation.” 

%B Organization of American States %I Organization of American States %G eng %U http://www.oas.org/en/iachr/women/decisions/ia_court_hr.asp %0 Government Document %D 2009 %T Submission to the Council of Europe Ad Hoc Committee on Preventing and Combating Violence Against Women and Domestic Violence %X

http://www.ilga-europe.org/resources/policy-papers/submission-coe-ad-hoc-committee-preventing-and-combating-violence-against

Lesbian, bisexual and transgender (“LBT”) women experience gender-based violence both on account of their gender and because of the way their sexual orientation or gender identity challenges patriarchal concepts of gender and gender roles.

This double exposure to causes of gender-based violence puts them at particular risk. A recent survey by London’s Metropolitan Police of more than 1100 LBT women found that approximately twice as many had experienced violence or abuse on account of their sexual orientation or gender identity as on all other grounds, despite the fact that nearly half of respondents changed their behaviour or appearance to avoid homophobic or transphobic abuse.

This double exposure also means that violence against them can only be addressed effectively by the Convention if the part played by homophobia and transphobia is acknowledged and specific counter-measures identified.

However, there is a further reason to acknowledge explicitly violence against LBT women. Regrettably, as the Committee of Ministers has stressed, homophobia and transphobia are widespread in Europe.2 Without specific references in the Convention it remains all too possible that its measures will not be used to combat violence against LBT women.

Inclusion of such references would be an effective response to the invitation of the Committee of Ministers to all intergovernmental committees to make proposals to strengthen, in law and in practice, the equal rights and dignity of LGBT persons and to combat discriminatory attitudes against them.

This submission therefore recommends that the Convention identify groups of women who are especially vulnerable to violence, including specifically LBT women, and suggests areas where particular measures are required to address violence against them, such as awareness-raising, education, improving confidence by LBT women in law enforcement agencies, increasing the level of incidents reported to the police, and specific training for agencies involved in victim support.

It also recommends that the non-discrimination clause of the Convention makes explicit reference to sexual orientation and gender identity.

%B International Lesbian, Gay, Bisexual, Trans and Intersex Association %G eng %U http://www.ilga-europe.org/resources/policy-papers/submission-coe-ad-hoc-committee-preventing-and-combating-violence-against %0 Government Document %D 2009 %T Submission to the Council of Europe Ad Hoc Committee on Preventing and Combating Violence Against Women and Domestic Violence %A ILGA %X

http://www.ilga-europe.org/resources/policy-papers/submission-coe-ad-hoc-committee-preventing-and-combating-violence-against 

Lesbian, bisexual and transgender (“LBT”) women experience gender-based violence both on account of their gender and because of the way their sexual orientation or gender identity challenges patriarchal concepts of gender and gender roles. This double exposure to causes of gender-based violence puts them at particular risk. A recent survey by London’s Metropolitan Police of more than 1100 LBT women found that approximately twice as many had experienced violence or abuse on account of their sexual orientation or gender identity as on all other grounds, despite the fact that nearly half of respondents changed their behaviour or appearance to avoid homophobic or transphobic abuse. This double exposure also means that violence against them can only be addressed effectively by the Convention if the part played by homophobia and transphobia is acknowledged and specific counter-measures identified. However, there is a further reason to acknowledge explicitly violence against LBT women. Regrettably, as the Committee of Ministers has stressed, homophobia and transphobia are widespread in Europe.2 Without specific references in the Convention it remains all too possible that its measures will not be used to combat violence against LBT women. Inclusion of such references would be an effective response to the invitation of the Committee of Ministers to all intergovernmental committees to make proposals to strengthen, in law and in practice, the equal rights and dignity of LGBT persons and to combat discriminatory attitudes against them. This submission therefore recommends that the Convention identify groups of women who are especially vulnerable to violence, including specifically LBT women, and suggests areas where particular measures are required to address violence against them, such as awareness-raising, education, improving confidence by LBT women in law enforcement agencies, increasing the level of incidents reported to the police, and specific training for agencies involved in victim support. It also recommends that the non-discrimination clause of the Convention makes explicit reference to sexual orientation and gender identity.

%G eng %U http://www.ilga-europe.org/resources/policy-papers/submission-coe-ad-hoc-committee-preventing-and-combating-violence-against %0 Report %D 2009 %T Sexual Violence Against Women in Armed Conflict - Council of Europe %A Miet Smet %X

http://assembly.coe.int/nw/xml/XRef/Xref-DocDetails-EN.asp?fileid=12691&lang=EN&search=c2V4dWFsIHZpb2xlbmNlIGFnYWluc3Qgd29tZW4gaW4gYXJtZWQgY29uZmxpY3QgZG9jLiAxMTkxNg==

Sexual violence against women in armed conflict is a crime against humanity, a war crime, and an unacceptable – but, unfortunately, effective – weapon of war. Raping, sexually assaulting and mutilating, forcibly impregnating and infecting with HIV/AIDS the wives, daughters and mothers of the “enemy” not only have terrible physical and psychological effects on the victims themselves, but are capable of disrupting, if not destroying, whole communities.

It has taken centuries for sexual violence against women in armed conflict to be outlawed. It was not until 2008 that the international community, via United Nations Security Council Resolution 1820 on women, peace and security, recognised that rape and other forms of sexual violence can constitute a war crime, a crime against humanity, and a constitutive act with respect to genocide.

However, sexual violence against women in armed conflict is unfortunately still common – it was a constitutive feature of the Balkan wars little more than a decade ago. Today, the main victims of this crime are found in the Democratic Republic of Congo (especially in Kivu) and in Sudan (especially in Darfur). To this day, thousands of victims are denied access to justice, reparation and redress. The lives of the victims remain blighted in many ways while the perpetrators enjoy almost complete impunity for their crimes.

%I Council of Europe %G eng %U http://assembly.coe.int/nw/xml/XRef/Xref-DocDetails-EN.asp?fileid=12691&lang=EN&search=c2V4dWFsIHZpb2xlbmNlIGFnYWluc3Qgd29tZW4gaW4gYXJtZWQgY29uZmxpY3QgZG9jLiAxMTkxNg== %0 Journal Article %J Vanderbilt Journal of Transnational Law %D 2009 %T The Emperor Is Still Naked: Why the Protocol on the Rights of Women in Africa Leaves Women Exposed to More Discrimination %A Kristin Davis %X

http://www.vanderbilt.edu/jotl/2012/07/the-emperor-is-still-naked-why-the-protocol-on-the-rights-of-women-in-africa-leaves-women-exposed-to-more-discrimination/

The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa entered into force in 2005.  Met with much celebration for the protection it would provide African women, the Protocol was heralded as one of the most forward-looking human rights instruments.  Now, fifteen years after it was conceived, the Protocol deserves a full assessment of the issues that it has faced in accession and will face in implementation.  This Note analyzes the way in which the Protocol was developed and the effect the Protocol’s language will have on its ability to achieve its object and purpose.  This Note contends that certain language is too narrow, creating an over-specificity that will deter necessary countries from joining.  However, this Note also asserts that certain aspirational provisions of the Protocol are overly broad, creating legal obligations that States Parties will be unable to meet.  Ultimately, African countries with questionable women’s rights records will refuse to sign—States Parties will either be unable or unwilling to protect women to the extent required, leaving women in the same position as before. Worse yet, some States Parties may implement extreme measures that could increasingly disadvantage women over time.  By relying on Western ideas of women’s rights and without explicitly determining how or if customary law will be considered in implementation, the Protocol faces serious obstacles on the domestic level.  This Note concludes by asserting that unless States Parties consider a more grassroots, community-oriented approach to implementing the Protocol, the instrument’s requirements will remain unrealized, and women in Africa will remain marginalized.

%B Vanderbilt Journal of Transnational Law %V 42 %P 949-992 %G eng %U http://www.vanderbilt.edu/jotl/2012/07/the-emperor-is-still-naked-why-the-protocol-on-the-rights-of-women-in-africa-leaves-women-exposed-to-more-discrimination/ %0 Book %D 2009 %T Mobilizing for Human Rights International Law in Domestic Politics %A Beth A. Simmons %X

http://www.cambridge.org/us/academic/subjects/politics-international-relations/international-relations-and-international-organisations/mobilizing-human-rights-international-law-domestic-politics

*The full article is available through this link. This article may be available free of charge to those with university credentials.

This volume argues that international human rights law has made a positive contribution to the realization of human rights in much of the world. Although governments sometimes ratify human rights treaties, gambling that they will experience little pressure to comply with them, this is not typically the case. Focusing on rights stakeholders rather than the United Nations or state pressure, Beth Simmons demonstrates through a combination of statistical analyses and case studies that the ratification of treaties leads to better rights practices on average. By several measures, civil and political rights, women’s rights, a right not to be tortured in government detention, and children’s rights improve, especially in the very large heterogeneous set of countries that are neither stable autocracies nor stable democracies. Simmons argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization.

%I Cambridge University Press %C Cambridge %P Chapter 3 %G eng %U http://www.cambridge.org/us/academic/subjects/politics-international-relations/international-relations-and-international-organisations/mobilizing-human-rights-international-law-domestic-politics %0 Report %D 2009 %T Reservations to CEDAW: An analysis for UNICEF %A Marsha Freeman %X

http://www.unicef.org/search/search.php?q_en=reservations+to+CEDAW+marsha+freeman&go.x=0&go.y=0

This study is undertaken to provide UNICEF with recommendations for supporting the withdrawal of reservations to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). While the problem of reservations is well documented as a legal issue, the practical effect of reservations on the primary stakeholders—women, girls, families, and communities—and the practical issues surrounding withdrawal of reservations have received much less attention. 

This paper provides an overview of the legal and practical implications of reservations; an examination of the different domestic legal systems in which reservations are entered; a “mapping” of the current reservations to CEDAW; and an exploration of the domestic legal and political contexts in which some of the most critical reservations have been withdrawn. 

%B UNICEF %I UNICEF %G eng %U http://www.unicef.org/search/search.php?q_en=reservations+to+CEDAW+marsha+freeman&go.x=0&go.y=0 %0 Book %D 2009 %T Forced Labour and Human Trafficking. Casebook of Court Decisions %A ILO %X

http://www.ilo.org/global/publications/ilo-bookstore/order-online/books/WCMS_112459/lang--en/index.htm

The present casebook fills an important gap. It covers a range of national experience, from judicial decisions on forced and bonded labour in a number of developing countries, through to the more recent decisions on forced labour and trafficking in industrialized countries. In particular, it seeks to illustrate how national court decisions have taken into account the provisions of the ILO's own Conventions on forced labour, and how this may provide useful guidance for future court decisions.

%I International Labour Organization (ILO) %C Geneva %G eng %U http://www.ilo.org/global/publications/ilo-bookstore/order-online/books/WCMS_112459/lang--en/index.htm %0 Government Document %D 2009 %T Trafficking in Persons Report 2009 %X

http://www.state.gov/j/tip/rls/tiprpt/2009/index.htm

The Department of State is required by law to submit each year to the U.S. Congress a report on foreign governments’ efforts to eliminate severe forms of trafficking in persons. This is the ninth annual TIP Report; it seeks to increase global awareness of the human trafficking phenomenon by shedding new light on various facets of the problem and highlighting shared and individual efforts of the international community, and to encourage foreign governments to take effective action against all forms of trafficking in persons.

%B US Department of State %G eng %U http://www.state.gov/j/tip/rls/tiprpt/2009/index.htm %0 Report %D 2009 %T Breaking the Silence, Seeking Justice in Intimate Partner Violence in the Philippines %X

http://www.amnesty.org.ph/reports/

Violence against women (VAW), in its various forms – physical, psychological and sexual – continues to be pervasive in the Philippines. Violence against women by State actors was highlighted at the time of martial rule when detained women suffered sexual abuse, torture and other ill-treatment. The human rights issue was largely viewed as State violence, and minimal attention was given to VAW by non-State actors or private individuals, particularly in inter-relational contexts. 

%I Women Working Together to Stop Violence against Women %G eng %U http://www.amnesty.org.ph/reports/ %0 Government Document %D 2009 %T Interpretation of Torture in the Light of the Practice and Jurisprudence of International Bodies %X

http://www.ohchr.org/EN/Issues/Torture/UNVFT/Pages/Documentation.aspx

Many acts, conducts or events may be viewed as torture in certain circumstances, while they will not be viewed as torture in some other situations. In fact, there is no single definition existing under international law but most international dispositions and bodies tend to agree on four constitutive elements of torture, as further explained in the first part of this paper “Elements of definition”. It should be recalled that usually in legal dispositions, torture is linked with cruel, inhuman and degrading treatment or punishment or ill-treatment. Torture is not an act in itself, or specific type of acts, but it is the legal qualification of an event or behaviour, based on the comprehensive assessment of this event or behaviour. Therefore, the difference between these different qualifications, torture, cruel, inhuman and degrading treatment or punishment or ill-treatment depends on the specific circumstances of each case and is not always obvious. It is clear that, because of the specific intensity or nature of certain acts, the qualification of torture may be easily granted in certain cases. However, in some others, the vulnerability of the victim (age, gender, status, etc), as well as the environment and the cumulative effect of various factors, should be taken into account to determine whether this case amounts to torture or whether it does not reach this ultimate threshold and should be considered as cruel, inhuman or degrading treatment or punishment. 

%B The United Nations Voluntary Fund for Victims of Torture %G eng %U http://www.ohchr.org/EN/Issues/Torture/UNVFT/Pages/Documentation.aspx %0 Report %D 2009 %T 15 years of the United Nations Special Rapporteur on violence against women, its causes and consequences (1994-2009): A critical review %X

http://www.unwomen.org/en/docs/2009/1/15-years-of-the-un-special-rapporteur-on-violence-against-women

This review aims to take stock of the achievements of 15 years of work on the Violence against Women (VAW) mandate, which has produced an impressive collection of 14 annual reports, 32 country mission reports, 11 communication reports comprising many communications to and from governments, and several other pieces of research. 

%B UN Women %I United Nations, Office of the High Commissioner for Human Rights %G eng %U http://www.unwomen.org/en/docs/2009/1/15-years-of-the-un-special-rapporteur-on-violence-against-women %0 Legal Rule or Regulation %D 2009 %T Case of Opuz v. Turkey %X

http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"fulltext":["Opuz%20v.%20Turkey"],"documentcollectionid2":["GRANDCHAMBER","CHAMBER"]}

Facts: The applicant’s mother was shot and killed by the applicant’s husband in 2002 as she attempted to help the applicant flee the matrimonial home. In the years preceding the shooting the husband had subjected both the applicant and her mother to a series of violent assaults, some of which had resulted in injuries which doctors had certified as life-threatening. The incidents had included beatings, an attempt to run the two women down with a car that had left the mother seriously injured and an assault in which the applicant was stabbed seven times. The incidents and the women’s fears for their lives had been repeatedly brought to the authorities’ attention. Although criminal proceedings had been brought against the husband for a range of offences, including death threats, serious assault and attempted murder, in at least two instances they were discontinued after the women withdrew their complaints, allegedly under pressure from the husband. However, in view of the seriousness of the injuries, the proceedings in respect of the running down and stabbing incidents continued to trial. The husband was convicted in both cases. For the first offence, he received a three-month prison sentence, which was later commuted to a fine, and for the second, a fine payable in instalments. The violence culminated in the fatal shooting of the applicant’s mother, an act the husband said he carried out to protect his honour. For that offence, he was convicted of murder in 2008 and sentenced to life imprisonment. He was, however, released pending appeal and renewed his threats against the applicant, who sought the authorities’ protection. It was not until seven months later, following a request for information from the European Court, that measures were taken to protect her.

%I European Court of Human Rights %G eng %U http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"fulltext":["Opuz%20v.%20Turkey"],"documentcollectionid2":["GRANDCHAMBER","CHAMBER"]} %0 Report %D 2009 %T Good Practices in Legislation on "Harmful Practices" against Women %X

http://www.un.org/womenwatch/daw/vaw/v-egms-gplahpaw.htm

**Click on "Final report of the Expert Group Meeting" at the given link to access PDF

The United Nations Division for the Advancement of Women of the Department of Economic and Social Affairs (UNDAW/DESA) and the United Nations Economic Commission for Africa (UNECA) convened an expert group meeting on good practices in legislation to address harmful practices, which was held at the United Nations at Addis Ababa, from 25 to 28 May 2009. 

The expert group meeting was a follow up to an expert group meeting organized by UNDAW/DESA and the United Nations Office on Drugs and Crime (UNODC) in Vienna, from 26 to 28 May 2008, on good practices in legislation on violence against women. That meeting prepared a model framework for legislation on violence against women, including detailed recommendations, commentaries and examples of promising practices. The framework contains two types of recommendations: those that are applicable to all forms of violence against women; and those that are specific to domestic violence or sexual violence. The purpose of this expert group meeting was to further develop the framework by elaborating specific recommendations for legislation on harmful practices against women.

%B UN Women %I United Nations Entity for Gender Equality and the Empowerment of Women %C Addis Ababa %G eng %U http://www.un.org/womenwatch/daw/vaw/v-egms-gplahpaw.htm %0 Legal Rule or Regulation %D 2009 %T Inter-American Court of Human Rights Case of González et al. (“Cotton Field”) v. Mexico %X

http://www.oas.org/en/iachr/women/decisions/ia_court_hr.asp

In its 2009 judgment in the Case of González et al. (“Cotton Field”) v. Mexico, the Court held Mexico to be responsible for human rights violations based on the handling of investigations into disappearances and deaths of women and girls in Ciudad Juárez. The state's actions, the court opined, contributed to the atmosphere of impunity surrounding the maltreatment of women in the city.

%B Inter-American Court of Human Rights %G eng %U http://www.oas.org/en/iachr/women/decisions/ia_court_hr.asp %0 Report %D 2009 %T Harmful practices against women in India: An examination of selected legislative responses %A Asmita Basu %X

http://www.un.org/womenwatch/daw/vaw/v-egms-gplahpaw.htm#expert

"Harmful practices against women in India: An examination of selected legislative responses"

Violence against women, of which harmful practices against women is a part, has been acknowledged as “one of the crucial social mechanisms by which women are forced into a subordinate position compared with men” equality rights. Women face violence due to their position of inequality; their vulnerability to violence being exacerbated due to their positions of dependency as well as prevailing patriarchal attitudes. The Indian Constitution guarantees women equality before the law and the equal protection of laws under Article 14 and prohibits discrimination on grounds of sex under Article 15. A unique feature of the Indian Constitution is Article 15(3), which empowers the State to take special measures for women and children. Despite these guarantees, the position of women in India remains unequal.

%I United Nations Economic Commission for Africa %C Addis Ababa, Ethiopia %G eng %U http://www.un.org/womenwatch/daw/vaw/v-egms-gplahpaw.htm#expert %0 Report %D 2009 %T Domestic violence network in China: Translating the transnational concept of violence against women into local action %A Zhang, Lu %X

http://www.sciencedirect.com/science/journal/02775395/32/3

*This full article is available through this link. This article may be available free of charge to those with university credentials.


Domestic Violence Network (DVN) is a Chinese women's NGO that has emerged in response to the transnational women's human rights movement against violence against women. This article discusses and analyzes the socio-political processes of DVN's “translation” of the transnational issue frame of “violence against women” in its local programs. It reviews DVN's gender and human rights advocacy across three of its major areas of activism—research, gender training and legal advocacy. Moreover, it examines how DVN collaborates with state agencies, especially the governmental women's organization, to transform its advocacy into policy action. In particular, the article raises questions about the potential costs of this “politics of engagement,” arguing that this relationship with the state may dilute DVN's gender and human rights advocacy as well as curb its political autonomy in future activities.

%I Women's Studies International Forum %G eng %U http://www.sciencedirect.com/science/journal/02775395/32/3 %0 Web Page %D 2009 %T Figure it out: Reporting on trafficking in women %A Rajashri Dasgupta %A Laxmi Murthy %X

http://genderlinks.org.za/gmdc/research/figure-it-out-reporting-on-trafficking-in-women-2009-09-01/

Media coverage of trafficking of women and children, migration and sex work is confused and inaccurate. Media wrongly uses the terms ‘sex work’ and ‘trafficking’ synonymously, perpetuating stereotypes and stigmatisation and contributing to the violation of women’s right to free movement and livelihood options, say these authors. If media reports were to be believed, there would be no young girls left in Nepal. Oftquoted figures such as 5,000-7,000 Nepali girls being trafficked across the border to India every year and 150,000-200,000 Nepali women and girls being trapped in brothels in various Indian cities, were first disseminated in 1986 and have remained unaltered over the next two decades. The report that first quoted these statistics was written by Dr I S Gilada of the Indian Health Association, Mumbai, and presented in a workshop in 1986. Subsequently, a version of this report was published as an article in the Times of India on January 2, 1989. The source of this figure remains a mystery to date. Unfortunately, such a lack of clarity is more the norm than the exception when it comes to reporting on trafficking in women and girls.

%B Infochange Media %G eng %U http://genderlinks.org.za/gmdc/research/figure-it-out-reporting-on-trafficking-in-women-2009-09-01/ %0 Report %D 2009 %T National Study on Domestic Violence against Women in Tonga 2009: Nofo 'A Kainga %A Henrica A.F.M. Jansen %A Seu’ula Johansson-Fua %A Betty Hafoka-Blake %A Gabriella Renee ‘Ilolahia %X

http://www.taha.org.nz/library/research/national-study-domestic-violence-against-women-tonga-2009-nofo-kainga

The National Study on Domestic Violence against Women in Tonga was initiated and conducted by Ma’a Fafine mo e Famili (MFF). It is the first national study on violence against women ever conducted in Tonga.

The National Study on Domestic Violence against Women in Tonga consisted of two separate components: a quantitative study based on the methodology developed for the WHO Multi-Country Study on Women’s Health and Domestic Violence against Women; and a qualitative study based on Tongan methodology of Talanoa and Nofo. The use of qualitative and quantitative components was to seek results that complemented each other.

%B Pacific Women %I Ma'a Fafine mo e Famili %G eng %U http://www.taha.org.nz/library/research/national-study-domestic-violence-against-women-tonga-2009-nofo-kainga %0 Journal Article %J Journal of East Asia & International Law %D 2009 %T Rape as a War Crime: The Position of International Law since World War II %A Arpita Saha %X

http://journal.yiil.org/home/archives_v2n2_10

*The full article is available through this link. This article may be available free of charge to those with university credentials.

International attention first focused on the use of rape as a tactic of warfare in Bosnia between 1991 and 1995. Rape was also employed by Hutu troops against Tutsi women in the genocidal campaign in Rwanda in 1994. In December of 1993, The United Nations adopted the Declaration on the Elimination of Violence against Women, and with that the international community acknowledged its global dimensions. What became clear to the world was that women's distinctive needs, experiences, vulnerabilities, and perspectives were being excluded in the development of both the substantive and procedural rules of international humanitarian law, as well as the remedies it offered victims. A community of elite women legal policy makers comprised of judges, prosecutors, lawyers, and investigators evolved to try these cases in International Criminal Tribunals in Europe and Africa. During the Bosnian war of 1992-95 Yugoslav women and hundreds of other Muslim women were systematically raped and tortured in a clear attempt to advance the cause of ethnic cleansing. Several of the women took to court, and testified against, three Bosnian soldiers in the courtrooms of the Yugoslav war-crimes tribunal in The Hague. The ruling made on the rape cases between Yugoslav women and the Bosnian Serb army is a landmark in establishing that systematic rape during conflict is not merely a violation of the practice of war but a crime against humanity. In turn, sexual assault during slavery has been recognized as an independent crime under humanitarian and human rights laws. The ruling is very significant because it opens the door for many other victims of sexual violence to press for their recognition as victims, for penalties, and for compensation. It also means that effort will consequently be made to promote its application. However, whether the codification of such laws can be translated into the practical protection of women during conflict remains to be seen.

%B Journal of East Asia & International Law %V 2 %G eng %U http://journal.yiil.org/home/archives_v2n2_10 %N 2 %0 Report %D 2009 %T Silence is Violence: End the Abuse of Women in Afghanistan %X

http://www.refworld.org/cgi-bin/texis/vtx/rwmain?page=publisher&publisher=UNAMA&skip=0&querysi=silence+is+violence&searchin=fulltext&sort=date

Afghanistan is widely known and appreciated for its rich history, culture, literature and arts as well as its magnificent landscape. It is also widely known that large numbers of Afghans die, or live wretched lives, because violence is an everyday fact of life. Such violence is not openly condoned but neither is it challenged nor condemned by society at large or by state institutions. It is primarily human rights activists that make an issue of violence including, in particular, its impact on, and ramifications for, women and girls in Afghanistan. It is also left to a handful of stakeholders to challenge the way in which a culture of impunity, and the cycle of violence it generates, undermines democratization, the establishment of the rule of law and other efforts geared to building an environment conducive to respect for human rights. 

The report seeks to put back on the agenda some of the issues pertaining to the enjoyment of all human rights by all Afghan women that are being increasingly ignored. The problems identified in this report require further discussion and public debate, with a view to informing appropriate legal, policy and awareness-raising measures. 

%B UN Assistance Mission in Afghanistan (UNAMA) %I UNAMA %G eng %U http://www.refworld.org/cgi-bin/texis/vtx/rwmain?page=publisher&publisher=UNAMA&skip=0&querysi=silence+is+violence&searchin=fulltext&sort=date %0 Journal Article %J The International and Comparative Law Quarterly %D 2009 %T Rape, Torture and the European Convention on Human Rights %A Clare McGlynn %X

http://www.jstor.org/stable/25622227

*This full article is available through this link. This article may be available free of charge to those with university credentials.

This article examines the legacy of the ground-breaking judgment in Aydin v Turkey in which the European Court of Human Rights held that rape could constitute torture. Ten years on, it examines jurisprudential developments in the conceptualisation of torture in the specific context of the offence of rape. It is argued that while all rapes should be found to satisfy the minimum threshold for Article 3, rape does not per se satisfy the severity of harm criterion for torture. Nonetheless, where the severity of harm is established, the case is made that the purposive element of torture is satisfied in all cases of rape. Finally, in relation to the scope of State responsibility for rape, particularly by private individuals, the article suggests that while the Court's achievements in recognizing rape as a serious harm are considerable, there remain further avenues for jurisprudential development which would ensure that rape as a form of torture is recognized in a wider range of situations and circumstances than is currently the case.

%B The International and Comparative Law Quarterly %V 58 %P 565-595 %G eng %U http://www.jstor.org/stable/25622227 %N 3 %0 Journal Article %J Protection Project %D 2009 %T Access to International Criminal Justice for Victims of Violence Against Women Under International Family Law %A Mohamed Mattar %X

https://www.researchgate.net/profile/Mohamed_Mattar5/publication/237779844_ACCESS_TO_INTERNATIONAL_CRIMINAL_JUSTICE_FOR_VICTIMS_OF_VIOLENCE_AGAINST_WOMEN_UNDER_INTERNATIONAL_FAMILY_LAW/links/54dd041d0cf28a3d93f88ae5/ACCESS-TO-INTERNATIONAL-CRIMINAL-JUSTICE-FOR-VICTIMS-OF-VIOLENCE-AGAINST-WOMEN-UNDER-INTERNATIONAL-FAMILY-LAW.pdf

 

I am delighted to be here at this very special event celebrating 60 years of the Universal Declaration of Human Rights (UDHR). I would like to share with you some of the most important recent developments in the anti- trafficking movement and the violence against women movement as linked to developments in international family law since the passage of the UDHR. In doing so, I would like to focus on two main developments: (1) at the substantive level—the expansion of the concept of human trafficking itself, originally limited to prostitution, to include the institution of marriage; and (2) at the procedural level—allowing victims of trafficking access to the international justice system as victims of a form of violence against women. Mohamed Y. Mattar

%B Protection Project %V 23 %P 141-166 %G eng %U https://www.researchgate.net/profile/Mohamed_Mattar5/publication/237779844_ACCESS_TO_INTERNATIONAL_CRIMINAL_JUSTICE_FOR_VICTIMS_OF_VIOLENCE_AGAINST_WOMEN_UNDER_INTERNATIONAL_FAMILY_LAW/links/54dd041d0cf28a3d93f88ae5/ACCESS-TO-INTERNATIONAL-CRIMINAL-JUSTIC %0 Web Page %D 2009 %T CEDAW – Why an Optional Protocol? %X

http://www.un.org/womenwatch/daw/cedaw/protocol/why.htm

An overview of the Optional Protocol and the different procedures within this mechanism. 

%B UN Women %G eng %U http://www.un.org/womenwatch/daw/cedaw/protocol/why.htm %0 Legal Rule or Regulation %D 2009 %T Case of Dayras, et al. v. France %A CEDAW %X

http://www2.ohchr.org/english/law/jurisprudence.htm

CEDAW/C/44/D/13/2007

The parties to Dayras, et al. v. France (C/44/D/13/2007) are Michèle Dayras, Nelly Campo-Trumel, Sylvie Delange, Frédérique Remy-Cremieu, Micheline Zeghouani, Hélène Muzard-Fekkar and Adèle Daufrene-Levrard, seven French nationals who are represented by SOS Sexisme, an organization based in Issy-les- Moulineaux, France. They claim to be victims of a violation by France of the Convention on the Elimination of All Forms of Discrimination against Women. The Convention and its Optional Protocol entered into force for the State party on 13 January 1984 and 9 September 2000, respectively. A reservation was entered by France on ratification to article 16, paragraph 1 (g), of the Convention. 

%B C/44/D/13/2007 %I Committee on the Elimination of Discrimination against Women (CEDAW) %G eng %U http://www2.ohchr.org/english/law/jurisprudence.htm %0 Legal Rule or Regulation %D 2009 %T Case of G.D. and S.F. v. France %A CEDAW %X

http://www2.ohchr.org/english/law/jurisprudence.htm

CEDAW/C/44/D/12/2007

The plaintiffs in G.D. and S.F. v. France (C/44/D/12/2007) who were automatically given their fathers’ last names pursuant to a customary law, despite being raised exclusively by their mothers, challenged the law as discriminating between the rights of husband and wife guaranteed under Article 16 of the Convention; the Committee held that the authors had no basis for invoking Article 16, because they themselves were not married and had no children. 

%B C/44/D/12/2007 %I The Committee on the Elimination of Discrimination against Women (CEDAW) %G eng %U http://www2.ohchr.org/english/law/jurisprudence.htm %0 Legal Rule or Regulation %D 2009 %T G.D. and S.F. v. France %X

http://www2.ohchr.org/english/law/jurisprudence.htm

The authors are two French women who are unmarried and have no children. Both authors were automatically given their father’s last name pursuant to a customary rule in force at the time of their birth.

Although the authors were abandoned by their fathers by an early age, raised exclusively by their mothers, and used their mother’s family name unofficially, they continue to be officially registered under their father’s family name. On 26 May 2006, after unsuccessfully pursuing a number of administrative procedures at the domestic level, the authors appealed to the Committee under Article 16(1), which requires non-discrimination between the rights of husband and wife, including the right to choose a family name and to transmit the family name to children.

The Committee, while acknowledging the hardship encountered by the authors, held the communication inadmissible because the authors did not qualify as victims under the meaning of Article 2 of the Optional Protocol. Since both women were unmarried, did not live in husband-and-wife relationships, and did not have children, they could not assert their rights under Article 16 of the Convention, whose beneficiaries are only married women, women living in de facto union, or mothers.

%B C/44/D/12/2007 %G eng %U http://www2.ohchr.org/english/law/jurisprudence.htm %0 Generic %D 2009 %T Thursday in Black: Towards a world without rape and violence %X

 

https://www.thursdaysinblack.co.za/about

Thursdays in Black Campaign has its roots in groups such as Mothers of the Disappeared in Argentina, Black Sash in South Africa and the Women in Black movements in Bosnia and Israel. Thursdays in Black, as a human rights campaign, was started by the World Council of Churches during the 1980's as a peaceful protest against rape and violence - the by-products of war and conflict. The campaign focuses on ways that individuals can challenge attitudes that cause rape and violence.

%G eng %U https://www.thursdaysinblack.co.za/about %0 Journal Article %J Washington & Lee Journal of Civil Rights & Social Justice %D 2009 %T An Introduction to the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa %A Frans Viljoen %X

http://scholarlycommons.law.wlu.edu/crsj/vol16/iss1/4/

The protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (African Women's Protocol or Protocol) is a legally binding multilateral supplement to the African Charter on Human and Peoples' Rights (African Charter), adopted in July 2003 by the African Union Assembly of Heads of State and Government. Also referred to as the "Maputo Protocol," alluding to the place of its adoption, the Protocol entered into force on November 25, 2005. By June 30, 2009, it had been ratified by 27 of the 53 members of the African Union (AU), all of whom are also States Parties to the African Charter.  

%B Washington & Lee Journal of Civil Rights & Social Justice %V 16 %P 11-46 %G eng %U http://scholarlycommons.law.wlu.edu/crsj/vol16/iss1/4/ %N 11 %0 Report %D 2009 %T United Nations Secretary-General's Campaign: Unite to End Violence Against Women %X

http://www.un.org/en/women/endviolence/resources.shtml

The document can be found by clicking "Fact Sheets." 

Violence against women takes many forms – physical, sexual, psychological and economic. These forms of violence are interrelated and affect women from before birth to old age. Some types of violence, such as trafficking, cross national boundaries. Women who experience violence suffer a range of health problems and their ability to participate in public life is diminished. Violence against women harms families and communities across generations and reinforces other violence prevalent in society. 

%I UN %G eng %U http://www.un.org/en/women/endviolence/resources.shtml %0 Government Document %D 2009 %T Terms of Reference of ASEAN Intergovernmental Commission on Human Rights %X

http://www.refworld.org/docid/4a6d87f22.html

 

Please see last paragraph before "Mandate."

Pursuant to Article 14 of the ASEAN Charter, the ASEAN Intergovernmental Commission on Human Rights (AICHR) shall operate in accordance with the following Terms of Reference (TOR): 

%B ASEAN %G eng %U http://www.refworld.org/docid/4a6d87f22.html %0 Government Document %D 2009 %T Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Explanatory Report) %X

http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?NT=201&CM=8&DF=06/07/2015&CL=ENG

I. The Committee of Ministers of the Council of Europe took note of this Explanatory Report at its 1002nd meeting held at its Deputies' level, on 12 July 2007. The Convention was opened for signature in Lanzarote (Spain), on 25 October 2007, on the occasion of the 28th Conference of European Ministers of Justice.

II. The text of this explanatory report does not constitute an instrument providing an authoritative interpretation of the Convention, although it might be of such a nature as to facilitate the application of the provisions contained therein.

%B Council of Europe %G eng %U http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?NT=201&CM=8&DF=06/07/2015&CL=ENG %0 Journal Article %J Council of Europe - Gender Equality and Anti-Trafficking Division %D 2008 %T Council of Europe Task Force to Combat Violence against Women, including Domestic Violence (Final Activity Report) %A Task Force to Combat Violence against Women, including Domestic Violence (EG-TFV) %X

http://web.archive.org/web/20150529130044/http://www.coe.int/t/dg2/equality/domesticviolencecampaign/Source/Final_Activity_Report.pdf

 

The Council of Europe will take meas- ures to combat violence against women, including domestic violence. It will set up a task force to evaluate progress at national level and establish instruments for quantifying develop- ments at pan-European level with a view to drawing up proposals for action. A pan-European campaign to combat violence against women, in- cluding domestic violence, will be pre- pared and conducted in close co- operation with other European and na- tional actors, including NGOs. 

 

%B Council of Europe - Gender Equality and Anti-Trafficking Division %G eng %U http://web.archive.org/web/20150529130044/http://www.coe.int/t/dg2/equality/domesticviolencecampaign/Source/Final_Activity_Report.pdf %0 Journal Article %J Council of Europe - Gender Equality and Anti-Trafficking Division %D 2008 %T Council of Europe Task Force to Combat Violence against Women, including Domestic Violence (Final Activity Report) %A Task Force to Combat Violence against Women, including Domestic Violence (EG-TFV) %X

http://web.archive.org/web/20150529130044/http://www.coe.int/t/dg2/equality/domesticviolencecampaign/Source/Final_Activity_Report.pdf

 

 

The Council of Europe will take meas- ures to combat violence against women, including domestic violence. It will set up a task force to evaluate progress at national level and establish instruments for quantifying develop- ments at pan-European level with a view to drawing up proposals for action. A pan-European campaign to combat violence against women, in- cluding domestic violence, will be pre- pared and conducted in close co- operation with other European and na- tional actors, including NGOs. 

 

%B Council of Europe - Gender Equality and Anti-Trafficking Division %G eng %U http://web.archive.org/web/20150529130044/http://www.coe.int/t/dg2/equality/domesticviolencecampaign/Source/Final_Activity_Report.pdf %0 Journal Article %J Philippine Law Journal %D 2008 %T Issues and Problems in the Enforcement of the Anti-Violence Against Women and Their Children Act of 2004 %A Rowena Amelia V. Guanzon %A Arcie Sercado %X

Since   1995,   violence   against   women   (VAW)   has   captured   the attention  of the  government  and  legislators  in  the  Philippines  as  a  result  of the  demand  of  a  growing  women’s  human  rights  movement  and  the  State Obligation  of  the  Philippine  Government  under  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 all over the world.

Progressive reforms in laws protecting women  were brought about by several factors beginning with the democratization process that started 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 human 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  1992  elections and thereafter.

%B Philippine Law Journal %V 83 %P 312-387 %G eng %0 Conference Paper %B Expert Group Meeting on good practices in legislation on violence against women %D 2008 %T Laws on Violence Against Women in the Philippines %A Rowena V. Guanzon %X

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. 

%B Expert Group Meeting on good practices in legislation on violence against women %8 22 August %G eng %0 Journal Article %J International Journal of Comparative and Applied Criminal Justice %D 2008 %T Evaluating the Effectiveness of Women's Refuges: A Multi‐Country Approach to Model Development %A Cris M Sullivan %A Isabel Baptista %A Sharon O'halloran %A Lydia Okroj %A Sarah Morton %A Cheryl Sutherland Stewart %X

http://www.tandfonline.com/doi/abs/10.1080/01924036.2008.9678790

*The full article is available through this link. This article may be available free of charge to those with university credentials.

There is increasing pressure on domestic violence victim service programs worldwide to demonstrate the impact of their work on those using their services. Many workers within such programs are also interested in understanding more about what is and is not working well for service users. The current project was a multi‐country collaboration to design an outcome evaluation model that would be useful to domestic violence programs, easy and inexpensive to implement, and that would reflect the diverse experiences, needs, and concerns of women experiencing domestic abuse. Focusing at this initial stage on evaluating refuges, the project partners incorporated empowerment evaluation methods and feminist principles to create the model. This article presents the five phases of model development and provides preliminary findings from a pilot evaluation to demonstrate its utility. Next steps and recommendations are then discussed.

%B International Journal of Comparative and Applied Criminal Justice %V 32 %P 291-308 %G eng %U http://www.tandfonline.com/doi/abs/10.1080/01924036.2008.9678790 %N 2 %0 Journal Article %J Journal of Interpersonal Violence %D 2008 %T Sexual Relationship Power, Intimate Partner Violence, and Condom Use Among Minority Urban Girls %A Anne M Teitelman %A Sarah J Ratcliffe %A Mercedes M Morales-Aleman %A Cris M Sullivan %X

http://jiv.sagepub.com/content/23/12/1694.abstract

*The full article is available through this link. This article may be available free of charge to those with university credentials.

This study examined the association between sexual relationship power, intimate partner violence, and condom use among African American and Hispanic urban girls. In this sample of 56 sexually active girls, 50% did not use condoms consistently and therefore were at higher risk for acquiring HIV or sexually transmitted diseases (STDs). Teens who experienced more intimate partner violence had a significantly higher likelihood of inconsistent condom use and therefore a greater risk for HIV/STDs. Girls' sense of sexual control in their relationships was not directly associated with inconsistent condom use but was inversely related to verbal and emotional abuse. Interventions aimed at reducing HIV/STD risk for adolescent girls need to address patterns of dominance and control in adolescent relationships as well as multiple forms of partner violence. This suggests the need for multilevel intervention approaches that promote girls' agency and multiple ways to keep girls safe from perpetrators of partner abuse.

%B Journal of Interpersonal Violence %V 23 %P 1694-1712 %G eng %U http://jiv.sagepub.com/content/23/12/1694.abstract %N 12 %0 Journal Article %J Journal of Interpersonal Violence %D 2008 %T Factors Related to Willingness to Help Survivors of Intimate Partner Violence %A Marisa L Beeble %A Lori A Post %A Cris Sullivan %A Deborah Bybee %X

http://jiv.sagepub.com/content/23/12/1713.abstract

*The full article is available through this link. This article may be available free of charge to those with university credentials.

Although researchers have found that survivors of intimate partner violence seek support from a multitude of sources, ranging from professionals to informal support networks, little is known about the extent to which community members reach out to help survivors. This study explored the type of support provided to survivors and various factors that relate to individuals' willingness to help. Survivors were more likely to be helped by women, younger individuals, those who strongly endorsed criminal justice interventions for perpetrators, and those who perceived intimate partner violence as a frequently occurring issue in their communities. Two additional factors were found to relate to an individual's likelihood of assisting others, including witnessing intimate partner violence as a child and prior victimization. Further research is needed in this area to explore helper, survivor, and contextual characteristics that may affect one's likelihood to offer assistance to survivors.

%B Journal of Interpersonal Violence %V 23 %P 1713-1729 %G eng %U http://jiv.sagepub.com/content/23/12/1713.abstract %N 12 %0 Book %D 2008 %T SIN TREGUA Políticas de reparación para mujeres víctimas de violencia sexual durante dictaduras y conflictos armados %X

https://www.dejusticia.org/publication/sin-tregua-politicas-de-reparacion-para-las-mujeres-victimas-de-violencia-sexual-durante-dictaduras-y-conflictos-armados/

 

El libro analiza las políticas de reparación para mujeres víctimas de violencia sexual durante dictaduras y conflictos armados en Argentina, Chile, Colombia, Guatemala y Perú, en el marco de los avances del Derecho Internacional de los Derechos Humanos y el Derecho Humanitario. Sin Tregua es el resultado de un proceso de reflexión realizado durante el año 2007, en donde se agruparon organizaciones de derechos de las mujeres y derechos humanos de cinco países de América Latina con el objetivo de identificar aprendizajes a partir de los hallazgos de las investigaciones nacionales desarrolladas por el Equipo Latinoamericano de Justicia y Género (ELA - Argentina), el Centro de Estudios Legales y Sociales (CELS - Argentina), la Corporación Humanas de Chile y Colombia, La Cuerda (Guatemala) y el Estudio para la Defensa de los Derechos de la Mujer (DEMUS - Perú). Los ensayos reunidos en esta publicación dan cuenta de las ausencias y omisiones en relación al impacto de las violaciones de derechos humanos a las mujeres en los contextos de guerra interna y/o represión.

%I Corporación Humanas %C Santiago de Chile %P 218 %G eng %U https://www.dejusticia.org/publication/sin-tregua-politicas-de-reparacion-para-las-mujeres-victimas-de-violencia-sexual-durante-dictaduras-y-conflictos-armados/ %0 Book %D 2008 %T Encuesta de salud y derechos de las mujeres indigenas - ENSADEMI %X

http://www.insp.mx/produccion-editorial/publicaciones-anteriores-2010/657-encuesta-de-salud-y-derechos-de-las-mujeres-indigenas-ensademi-2008.html

La ENSADEMI intenta por primera vez evaluar las condiciones de salud y violencia doméstica de las mujeres indígenas de México. Para ello se realizó una cuidada encuesta dirigida a las mujeres usuarias de los servicios de salud en comunidades rurales de seis estados.

%I Instituto Nacional de Salud Pública - México %C México %P 124 %G eng %U http://www.insp.mx/produccion-editorial/publicaciones-anteriores-2010/657-encuesta-de-salud-y-derechos-de-las-mujeres-indigenas-ensademi-2008.html %0 Report %D 2008 %T The Council of Europe Campaign to Combat Violence against Women, including Domestic Violence %X

http://www.coe.int/t/dg2/equality/domesticviolencecampaign/Fact_Sheet_en.asp

Violence against women, including domestic violence, is one of the most serious forms of gender-based violations of human rights. It deprives women of their ability to enjoy fundamental freedoms and represents a serious obstacle to equality between women and men. 

Despite positive and significant achievements in policies and practices, violence against women in its various forms is still widespread at all levels of society in all Council of Europe member states.

An overview of figures for prevalence of violence against women suggests that one-fifth to one-quarter of all women have experienced physical violence at least once during their adult lives, and more than one-tenth have suffered sexual violence involving the use of force. Secondary data analysis supports an estimate that about 12% to 15% of all women have been in a relationship of domestic abuse after the age of 16. Many more continue to suffer physical and sexual violence from former partners even after the break-up.

%B Council of Europel %I Directorate General of Human Rights and Legal Affairs: Gender Equality and Anti-Trafficking Division %G eng %U http://www.coe.int/t/dg2/equality/domesticviolencecampaign/Fact_Sheet_en.asp %0 Report %D 2008 %T Priority Issues: Prevention, Punishment, and Eradication of Violence: Femicide %X

http://www.oas.org/en/cim/assembly.asp

Can be located by downloading zip file of the 34th assembly, document "AoD34-Doc13.08[EN].pdf"

Until 1992, the term femicide was used in the press and society to refer colloquially to the killing of women. In that year, Diana Russell and Jill Radford imbued the concept with legal and social content in their text Femicide: The Politics of Women Killing, defining it as the murder of women, by men, because they were women. They developed the term to refer to the gender-based motives behind the deaths of women at the hands of men: attempts to control their lives, bodies, and/or sexuality, to the point of punishing with death those who did not accept such subjection.

Subsequently, Marcela Lagarde took Russell and Radford’s notion of femicide and developed it as feminicide, rather than femicide, which would become the literal translation. For Lagarde, while femicide means the killing of women without specifying the causes of such deaths, the term feminicide lends itself better to covering the gender-based reasons and social construct underlying such deaths, as well as the impunity surrounding them. Lagarde uses the term feminicide in analyzing the murders of women in Ciudad Juárez, Mexico.

However, at the international level, the terms feminicide and femicide are being used indistinctly to refer to the same problem, although in the case of the Caribbean, no such disagreement exists and only the term femicide is used.

Moreover, the Inter-American Commission on Human Rights (IACHR) adopted the term feminicide in 2007, in the case of Bolivia, based on discussion in the “In-depth study on all forms of violence against women” of the United Nations Secretary-General, who also refers to this problem as feminicidio [in Spanish, but the English version uses only femicide – tr.].4/ Prior to that, the IACHR referred to this problem as murder of women, and expressed its concern by convening a thematic hearing on this problem (2006). The IACHR has admitted four cases on murders of women in Ciudad Juárez, Mexico. 

%B Organization of American States %I Organization of American States %G eng %U http://www.oas.org/en/cim/assembly.asp %0 Government Document %D 2008 %T Final Activity Report: Task Force to Combat Violence against Women, including Domestic Violence (EG-TFV) %X

http://eige.europa.eu/node/1924

The Council of Europe Task Force to Combat Violence against Women, including Domestic Violence (EG-TFV), was set up following a decision taken at the Third Summit of Heads of State and Government of the Council of Europe held in Warsaw on 16 and 17 May 2005. The Action Plan adopted at the Summit defines future action by the Council of Europe and envisages activities to combat vio- lence against women, including domestic violence. Section II.4 of the Plan states:

“The Council of Europe will take meas- ures to combat violence against women, including domestic violence. It will set up a task force to evaluate progress at national level and establish instruments for quantifying develop- ments at pan-European level with a view to drawing up proposals for action. A pan-European campaign to combat violence against women, in- cluding domestic violence, will be pre- pared and conducted in close co- operation with other European and na- tional actors, including NGOs.”

Accordingly, eight international experts in the field of preventing and combating violence against women were appointed to the Task Force by the Secretary General of the Council of Europe. The Steering Committee

for Equality between Women and Men (CDEG) proposed six members of the Task Force, while the Parlia- mentary Assembly and the Congress of Regional and Local Authorities of the Council of Europe proposed one member each. The appointments were made in consultation with the Committee of Ministers' Thematic Co-ordinator on Equality between Women and Men (TC-EG) and the Council of Europe Commissioner for Human Rights. 

%B Council of Europe %G eng %U http://eige.europa.eu/node/1924 %0 Government Document %D 2008 %T Optional Protocol to the International Covenant on Economic, Social and Cultural Rights %X

http://www.ohchr.org/EN/ProfessionalInterest/Pages/OPCESCR.aspx

The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR, or the Optional Protocol) is the instrument that will make this possible, once it becomes operational. THE OPTIONAL PROTOCOL provides groups and individuals the opportunity to bring cases (submit communications) to the Committee on ESCR - the body in charge of monitoring the Covenant compliance by state parties - for violation of their economic, social and cultural rights, when access to justice is denied or not available in their own countries.  

%B United Nations %G eng %U http://www.ohchr.org/EN/ProfessionalInterest/Pages/OPCESCR.aspx %0 Report %D 2008 %T Philippines National Demographic and Health Survey %X

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

Document is top result

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.

%B USAID.gov %I National Statistics Office %G eng %U http://www.usaid.gov/gsearch/philippines%2Bnational%2Bsurvey%2B2008 %0 Government Document %D 2008 %T Security Council Resolution 1820 (2008) - Women & Sexual Violence %X

http://www.un.org/sexualviolenceinconflict/key-documents/resolutions/

S/RES/1820 (2008)

The Security Council Resolution recognizes a direct relationship between the widespread and/or systematic use of sexual violence as an instrument of conflict and the maintenance of international peace and security; commit the Security Council to considering appropriate steps to end such atrocities and to punish their perpetrators; and request a report from the Secretary General on situations in which sexual violence is being widely or systematically employed against civilians and on strategies for ending the practice.

%B United Nations Security Council %G eng %U http://www.un.org/sexualviolenceinconflict/key-documents/resolutions/ %0 Report %D 2008 %T Good practices in legislation on violence against women: Expert group meeting organized by United Nations Division for the Advancement of Women & United Nations Office on Drugs and Crime %X

http://www.un.org/womenwatch/daw/egm/vaw_legislation_2008/vaw_legislation_2008.htm

Click on "Final report of the Expert Group Meeting" at the given link to access PDF

The United Nations Division for the Advancement of Women of the Department of Economic and Social Affairs (UNDAW/DESA) and the United Nations Office on Drugs and Crime (UNODC) are convening an expert group meeting on good practices and lessons learned in regard to legislation on violence against women, to be held at the United Nations at Vienna, from 26 to 28 May 2008.

%B UN Women %I United Nations Entity for Gender Equality and the Empowerment of Women %G eng %U http://www.un.org/womenwatch/daw/egm/vaw_legislation_2008/vaw_legislation_2008.htm %0 Report %D 2008 %T Measures for the Assessment of Dimensions of Violence against Women: A Compendium %A Michael Flood %X

http://www.svri.org/research-methods/tools-and-questionnaires/victimisation?link-section=victimisation

"Measures for the assessment of dimensions of violence against women: A compendium" - 9th bullet point

This is a compendium of measures for the assessment of dimensions of violence against women. It also includes measures regarding gender and sexual norms and attitudes. However, it does not cover measures related to child abuse, child sexual abuse, or sexual harassment.

%B Sexual Violence Research Initiative %G eng %U http://www.svri.org/research-methods/tools-and-questionnaires/victimisation?link-section=victimisation %0 Report %D 2008 %T Violence Against Women and Girls: A Compendium of Monitoring and Evaluation Indicators %A Shelah S. Bloom %X

http://www.cpc.unc.edu/measure/publications/ms-08-30

At the request of the USAID East Africa Regional Mission in collaboration with the Inter-agency Gender Working Group (USAID), MEASURE Evaluation developed this compendium with a technical advisory group (TAG) of experts. Initially, a steering committee of experts met over a period of several months to select TAG members, develop a framework for the compendium and generate an initial list of indicators for wider input from the TAG. An extensive literature review was conducted to document any indicators that were already being used. The TAG included individuals from USAID, OGAC, CDC, United Nations organizations including WHO, UNFPA and UNHCR, NGOs, prominent researchers and programmatic experts in the field. Indicators were developed to measure the following areas within VAW/G: 1. Magnitude and characteristics of different forms of VAW/G (skewed sex rations, intimate partner violence, violence from someone other than an intimate partner, female genital cutting/mutilation and child marriage); 2. Programs addressing VAW/G by sector (health, education, justice/security, social welfare); 3. Under-documented forms of VAW/G and emerging areas (humanitarian emergencies, trafficking in persons, femicide), and preventing VAW/G (youth, community mobilization, working with men and boys). The indicators can also be used by programs that may not specifically focus on VAW/G, but include reducing levels of VAW/G as part of their aims. 

%B University of North Carolina at Chapel Hill Carolina Population Center %I U.S. Agency for International Development %G eng %U http://www.cpc.unc.edu/measure/publications/ms-08-30 %0 Legal Rule or Regulation %D 2008 %T Case of Zheng v. The Netherlands %A CEDAW %X

http://www2.ohchr.org/english/law/jurisprudence.htm

CEDAW/C/42/D/15/2007

Zhen Zhen Zheng (ZZZ), a Chinese national, was trafficked to the Netherlands for the purposes prostitution.  In April 2003, after escaping and after being put out on the street by a woman who took her in and forced her to do heavy housework, ZZZ applied for asylum in the Netherlands.   ZZZ was pregnant at the time of her asylum application.    

In May 2003, Dutch authorities dismissed ZZZ’s asylum claim because ‘she could not give details about her trip from China to the Netherlands, did not have identity documents and waited for eight months before applying for asylum.’  Subsequent appeals proved unsuccessful.

In January 2007, ZZZ submitted a communication to the Committee on the Elimination of Discrimination against Women (CEDAW Committee) in which she claimed that the Netherlands had violated her rights in article 6 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). 

%B C/42/D/15/2007; Communication No. 15/2007 %I Committee on the Elimination of Discrimination against Women (CEDAW) %G eng %U http://www2.ohchr.org/english/law/jurisprudence.htm %0 Government Document %D 2008 %T CEDAW General Comments on General Recommendations %A CEDAW %X

http://www.un.org/Docs/journal/asp/ws.asp?m=HRI/GEN/1/Rev.9%20(Vol.%20II

This document contains a compilation of the general comments or general recommendations adopted, respectively, by the Committee on Economic, Social and Cultural Rights, the Human Rights Committee, the Committee on the Elimination of Racial Discrimination, the Committee on the Elimination of Discrimination against Women, the Committee against Torture and the Committee on the Rights of the Child. The Committee on Migrant Workers has not yet adopted any general comments.

%G eng %U http://www.un.org/Docs/journal/asp/ws.asp?m=HRI/GEN/1/Rev.9%20(Vol.%20II %0 Government Document %D 2008 %T CEDAW General Recommendation No. 26 - 2008 - On Women Migrant Workers %A CEDAW %X

http://www.ohchr.org/EN/HRBodies/CEDAW/Pages/Recommendations.aspx

At its thirtieth session held on 12-30 January 2004, the Committee on the Elimination of Discrimination against Women decided to begin elaboration of a new general recommendation (No. 26), on article 2 of the Convention.

As decided by the Committee at its seventeenth session in July 1997 (A/52/38/Rev.1), the Committee follows a three-stage process for the formulation of general recommendations. In the first stage, a general discussion and exchange of views on the subject of the general recommendation is held by the Committee, with the participation of entities of the United Nations system, non-governmental organizations and other organizations. In the second stage, a Committee member is asked to draft the general recommendation to be discussed at the next session of the Committee. In the third stage, a revised draft is submitted to the Committee at a subsequent session for consideration and adoption by the Committee as a whole.

With regard to general recommendation No. 26, the first stage of elaboration will begin on 21 July 2004 during the Committee's thirty-first session, scheduled to take place from 6 to 23 July 2004, at United Nations Headquarters in New York.

United Nations entities and non-governmental organizations wishing to participate in the general discussion and/or to submit background papers for consideration by the Committee, are kindly invited to contact the Secretariat by no later than 1 May 2004.

%B C/2009/WP.1/R %G eng %U http://www.ohchr.org/EN/HRBodies/CEDAW/Pages/Recommendations.aspx %0 Journal Article %J Human Rights Law Review %D 2008 %T Violence against Women, the Obligation of Due Diligence, and the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women Recent Developments %A Andrew Byrnes %A Elanor Bath %X

http://hrlr.oxfordjournals.org/content/8/3/517.full

*This full article is available through this link. This article may be available free of charge to those with university credentials.

The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW-OP)1 was adopted by the UN General Assembly in 1999, 20 years after the adoption of the Convention itself. It con- tains both an individual complaints procedure and an inquiry procedure. As of 15 February 2008, 90 of the States Parties to the Convention were also par- ties to the CEDAW-OP, all of which were subject to the individual complaints procedure and 87 of which were subject to the inquiry procedure. As of the end of 2007, the Committee on the Elimination of Discrimination against Women (the Committee) had made public decisions in 10 individual communi- cations submitted under the CEDAW-OP,2 as well as completing one inquiry under Article 8 (in which it found systematic violations of the Convention in Mexico).3 Of the 10 individual complaints, the Committee rejected five on admissibility grounds; of the five cases which it considered on the merits, it found violations in four. Three of those involved a failure by the State Party concerned to provide effective legal and/or practical protection against family violence which posed a serious threat to the life and physical and mental integ- rity of the women concerned (two of whom had been killed by their former partners),4 while one related to a sterilisation carried out on a woman without her informed consent.5 The one case considered on the merits which was unsuccessful involved a challenge to the complex provisions of Netherlands law relating to maternity leave as they applied to the case of a woman who was working both as a salaried employee and as a co-working spouse in her husband’s business at the same time.6

This review considers three of the cases decided by the Committee on the merits against the background of the Committee’s practice and jurisprudence under the CEDAW-OP to date. These are two cases involving the liability of the State for failure to protect a woman against violence by a partner which eventually resulted in the woman’s death, and one case involving a sterilisation operation in a state hospital in which it was claimed that there had been a fail- ure to ensure that the woman’s informed consent had been obtained before a sterilisation operation had been carried out.

%B Human Rights Law Review %V 8 %P 517-533 %G eng %U http://hrlr.oxfordjournals.org/content/8/3/517.full %N 3 %0 Government Document %D 2008 %T Human Rights Treaty Bodies - General Comments %X

http://www.ohchr.org/EN/HRBodies/Pages/TBGeneralComments.aspx

This document contains a compilation of the general comments or general recommendations adopted, respectively, by the Committee on Economic, Social and Cultural Rights, the Human Rights Committee, the Committee on the Elimination of Racial Discrimination, the Committee on the Elimination of Discrimination against Women, the Committee against Torture and the Committee on the Rights of the Child. The Committee on Migrant Workers has not yet adopted any general comments.

%B UN Secretariat %G eng %U http://www.ohchr.org/EN/HRBodies/Pages/TBGeneralComments.aspx %0 Report %D 2008 %T Report of the Special Rapporteur on violence against women, its causes and consequences: Mission to the Democratic Republic of the Congo %A Dr. Yakin Ertürk %X

http://www.ohchr.org/EN/Issues/Women/SRWomen/Pages/AnnualReports.aspx

2008 - Addendum - Mission to the Democratic Republic of Congo

A/HRC/7/6/Add.4

Sexual violence has been a defining feature of the Democratic Republic of the Congo’s recent armed conflicts. Women, in areas of armed conflict, still suffer sexual violence committed by the Forces armées de la République démocratique du Congo (FARDC), the Police nationale congolaise (PNC), armed groups and, increasingly, civilians. The situation is particularly dramatic in South Kivu, where non-State armed groups, including foreign militia, commit sexual atrocities that aim at the complete physical and psychological destruction of women with implications for the entire society. Given the multitude of actors involved in the conflict and the continuation of these crimes, the international community, in cooperation with the Congolese authorities, has a responsibility to take all necessary measures to ensure that women in South Kivu are protected. Sexual violence extends beyond eastern Congo. In Equateur Province, PNC and FARDC have carried out systematic reprisals against the civilian population, including mass rape. Soldiers and police who commit these acts amounting to crimes against humanity are rarely held accountable by the commanding officers. Some of the perpetrators have been given commanding positions in the State security forces, which further aggravates the situation. Impunity for rape is massive. Due to political interference and corruption, perpetrators, especially those who belong to the State security forces, go unpunished. The limited support made available to the overburdened justice system raises questions as to whether there is political will to end impunity. 

%I United Nations Human Rights %G eng %U http://www.ohchr.org/EN/Issues/Women/SRWomen/Pages/AnnualReports.aspx %0 Report %D 2008 %T Situation of Violence against Women and Children in Kenya: Implementation of the UN Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment %A Cécile Trochu-Grasso %A Orlane Varesano %X

http://www.omct.org/rights-of-the-child/reports-and-publications/kenya/2008/12/d19689/

The purpose of this alternative report is to address specific violence against women and children, including torture or other cruel, inhuman or degrading treatment or punishment, its causes and consequences.

The report draws attention to consistent violations involving torture and ill-treatment inflicted on women and children by both State officials and non-State actors. It also addresses to what extent the Kenyan Government fails to protect women and children from torture. In this respect, the present report provides the UN Committee against Torture (the Committee) with a legal and practical overview of women’s and children’s rights in Kenya in the context of the implementation of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention).

This report is based on the international legal obligations of Kenya under the Convention. In particular, it refers to the positive obligation to “take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction” and “to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment.” 

%I Organisation Mondiale Contre la Torture %C Geneva %G eng %U http://www.omct.org/rights-of-the-child/reports-and-publications/kenya/2008/12/d19689/ %0 Report %D 2008 %T Progress of the World's Women 2008/2009: Who Answers to Women? %A Anne Marie Goetz %A et al %X

http://www.unwomen.org/en/digital-library/publications/2008/1/progress-of-the-world-s-women-2008-2009-who-answers-to-women

Progress of the World's Women 2008/2009: Who Answers to Women? demonstrates that one of the most powerful constraints on realizing women's rights and achieving the Millennium Development Goals (MDGs) is a deficit of accountability to women. It, therefore, puts forth a framework to understanding accountability form a gender perspective and outlines innovative measures states and international institutions are taking to increase accountability. It focuses particularly on five areas where the need to strengthen accountability to women is urgent: politics and governance, access to public services, economic opportunities, justice, and the distribution of international assistance for development and security. 

%B UN Women %I United Nations Entity for Gender Equality and the Empowerment of Women %G eng %U http://www.unwomen.org/en/digital-library/publications/2008/1/progress-of-the-world-s-women-2008-2009-who-answers-to-women %0 Government Document %D 2008 %T Council of Europe Task Force to Combat VAW %X

http://www.coe.int/t/dg2/equality/domesticviolencecampaign/Source/Final_Activity_Report.pdf

The Council of Europe Task Force to Combat Violence against Women, including Domestic Violence (EG-TFV), was set up following a decision taken at the Third Summit of Heads of State and Government of the Council of Europe held in Warsaw on 16 and 17 May 2005. The Action Plan adopted at the Summit defines future action by the Council of Europe and envisages activities to combat vio- lence against women, including domestic violence. Section II.4 of the Plan states:

“The Council of Europe will take meas- ures to combat violence against women, including domestic violence. It will set up a task force to evaluate progress at national level and establish instruments for quantifying develop- ments at pan-European level with a view to drawing up proposals for action. A pan-European campaign to combat violence against women, in- cluding domestic violence, will be pre- pared and conducted in close co- operation with other European and na- tional actors, including NGOs.”

Accordingly, eight international experts in the field of preventing and combating violence against women were appointed to the Task Force by the Secretary General of the Council of Europe. The Steering Committee

for Equality between Women and Men (CDEG) proposed six members of the Task Force, while the Parlia- mentary Assembly and the Congress of Regional and Local Authorities of the Council of Europe proposed one member each. The appointments were made in consultation with the Committee of Ministers' Thematic Co-ordinator on Equality between Women and Men (TC-EG) and the Council of Europe Commissioner for Human Rights. 

%B Gender Equality and Anti-Trafficking Division, Council of Europe %G eng %U http://www.coe.int/t/dg2/equality/domesticviolencecampaign/Source/Final_Activity_Report.pdf %0 Journal Article %J Harvard Human Rights Journal %D 2008 %T Jessica Gonzales v. United States: An Emerging Model for Domestic Violence & Human Rights Advocacy in the United States %A Caroling Bettinger-Lopez %X

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1095734##

In 2007, the Inter-American Commission on Human Rights (the Commission) declared in a landmark admissibility decision that it had competence to examine the human rights claims of Jessica Gonzales, a domestic violence survivor from Colorado whose three children were killed when local police failed to enforce a restraining order against her estranged husband. Jessica Gonzales v. United States marks the first time the Commission has been asked to consider the nature and extent of the U.S.'s affirmative obligations to protect individuals from private acts of violence under the American Declaration on the Rights and Duties of Man (American Declaration or Declaration). The Commission's admissibility decision rejects the U.S. State Department's position that the Declaration, which does not explicitly articulate state obligations vis a vis the rights contained therein, does not create positive governmental obligations. Instead, the decision holds the U.S. to well-established international standards on state responsibility to exercise due diligence to prevent, investigate, and punish human rights violations and protect and compensate victims. 

The Commission will next decide, in the merits phase of the case, whether the U.S. violated the human rights of Jessica Gonzales and her children. The merits decision, anticipated in 2008, will have profound consequences for Ms. Gonzales on a personal level. It also has the potential to expand international human rights norms and spur systemic reforms in law and policy in the U.S.

%B Harvard Human Rights Journal %V 21 %G eng %U http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1095734## %0 Report %D 2008 %T Project on a Mechanism to Address Laws That Discriminate Against Women %A Dr. Fareda Banda %X

https://www.un.org/ruleoflaw/blog/document/project-on-a-mechanism-to-address-laws-that-discriminate-against-women/

The aim of the project was to examine the advisability of creating a new mechanism to address laws that discriminate against women. The terms of reference specified two key objectives. The first was to overview existing UN mechanisms to ascertain the extent to which they addressed the issue of discriminatory laws. This involved interviewing UN human rights and agency officials working in both Geneva and New York and also reviewing the reports and jurisprudence of human rights committees and special procedure mechanisms. The second was to try to get national data on laws that discriminate against women. This was to be done by means of a questionnaire. On the basis of the data gathered, the consultant was required to advise on whether a special mechanism addressing discriminatory laws was needed.

%I Office of the High Commissioner for Human Rights %G eng %U https://www.un.org/ruleoflaw/blog/document/project-on-a-mechanism-to-address-laws-that-discriminate-against-women/ %0 Report %D 2007 %T Hidden in Plain Sight: Violence Against Women in Mexico and Guatemala %A Adriana Beltrán %A Freeman, Laurie %X

http://www.wola.org/publications/hidden_in_plain_sight_violence_against_women_in_mexico_and_guatemala

This publication addresses the problem of violence against women in Mexico and Guatemala by carefully analyzes the roots and effects of the violence and offering concrete proposals for positive change.

The report looks at the role the Mexican and Guatemalan public security and judicial institutions have played with respect to violence against women. A criminal justice approach alone will not eradicate the problem, but the criminal justice sector has an obligation to ensure respect for women’s rights and protection under the law.

The gap between the law and its implementation is disturbingly wide, creating numerous barriers to justice for women victims of violence. Authorities fail to adequately and promptly investigate cases and punish and prosecute those responsible.  They tend to blame the victims and fail to see gender-based violence as a serious crime. In some cases, anachronistic laws remain on the books. The issue’s low priority is reflected in the lack of resources, equipment, and training within police and judicial institutions.

%B WOLA.org %I WOLA - Advocacy for Human Rights in the Americas %G eng %U http://www.wola.org/publications/hidden_in_plain_sight_violence_against_women_in_mexico_and_guatemala %0 Report %D 2007 %T No more!: the right of women to live a life free of violence in Latin America and the Caribbean %X

http://www.cepal.org/en/publications/2863-no-more-right-women-live-life-free-violence-latin-america-and-caribbean

The report No more! The right of women to live a life free of violence in Latin America and the Caribbean is the result of a joint effort by specialist United Nations organizations and entities in Latin America and the Caribbean. To fulfill this mission inspired by resolution 58/185 of the United Nations General Assembly of December 2003, the organizations represented in the thirteenth meeting of specialist bodies and other organizations of the United Nations system on the advancement of women in Latin America and the Caribbean (Mar del Plata, Argentina, September 6, 2005) agreed to implement an inter-institutional study on violence against women in all its forms under the coordination of ECLAC. In the same manner as the Secretary General's report relating to the in-depth study of all forms of violence against women, the eradication is sought of one of the most widespread crimes along with an end to the accompanying impunity. Its dissemination and debate throughout all levels of society will help to raise social awareness providing authorities with the resources and instruments needed for its elimination. Just like the Secretary General's report, the regional report will make it clear that to eradicate violence it must unequivocally become a central objective of public agendas: as a human rights issue in the first place, and as an obstacle to development in the second. 

%B Economic Commission for Latin America and the Caribbean (ECLAC) - CEPAL %I Economic Commission for Latin America (ECLAC) - CEPAL %P 143 %G eng %U http://www.cepal.org/en/publications/2863-no-more-right-women-live-life-free-violence-latin-america-and-caribbean %0 Report %D 2007 %T Acceso a la justicia para las mujeres victimas de violencia en las Americas %X

http://www.cidh.oas.org/women/Acceso07/indiceacceso.htm

La Comisión Interamericana de Derechos Humanos (en adelante "CIDH" o "Comisión") ha manifestado reiteradamente que un acceso de jure y de facto a recursos judiciales idóneos y efectivos resulta indispensable para la erradicación del problema de la violencia contra las mujeres, así como también lo es el cumplimiento de los Estados de su obligación de actuar con la debida diligencia frente a tales actos. Sin embargo, la labor de la CIDH y de la Relatoría sobre los Derechos de las Mujeres (en adelante la “Relatoría” o “Relatoría sobre derechos de las mujeres”), revela que a menudo las mujeres víctimas de violencia no logran un acceso expedito, oportuno y efectivo a recursos judiciales cuando denuncian los hechos sufridos. Por este motivo, la gran mayoría de estos incidentes permanecen en la impunidad y en consecuencia sus derechos quedan desprotegidos.

2. Por esta razón, la CIDH ha elaborado este informe sobre la situación de las mujeres víctimas de violencia, en el que presenta un diagnóstico sobre los principales obstáculos que las mujeres enfrentan cuando procuran acceder a una tutela judicial efectiva para remediar actos de violencia. En el informe, la CIDH formula conclusiones y recomendaciones para que los Estados actúen con la debida diligencia con el objeto de ofrecer una respuesta judicial efectiva y oportuna ante estos incidentes. El análisis de este informe incluye los resultados de un proceso de recopilación de información de una diversidad de sectores que incluyen la administración de la justicia, funcionarios y representantes del gobierno, la sociedad civil, el sector académico y mujeres de diferentes razas, etnias y condiciones socioeconómicas, llevado a cabo por la Relatoría durante los últimos dos años, con el apoyo financiero del gobierno de Finlandia. La información recopilada ha sido complementada con la labor de la CIDH, que incluye jurisprudencia, audiencias temáticas celebradas en la sede, informes temáticos, capítulos de país sobre mujeres, y visitas in loco organizadas tanto por la CIDH como por la Relatoría. 

%B Organización de los Estados Americanos - Comisión Interamericana de Derechos Humanos %I Organización de los Estados Americanos - Comisión Interamericana de Derechos Humanos %C Washington D.C: %P 154 %G eng %U http://www.cidh.oas.org/women/Acceso07/indiceacceso.htm %0 Report %D 2007 %T Hungary: Cries Unheard: The Failure To Protect Women From Rape And Sexual Violence In The Home %X

https://www.amnesty.org/en/documents/eur27/002/2007/en/

This report discusses the insurmountable barrier confronted by girls and women seeking justice for rape in Hungary. It outlines the current situation in Hungary, including statements from interviewees, and details a series of recommendations from Amnesty Intenational to the Hungarian government.

%B Amnesty International %I Amnesty International %G eng %U https://www.amnesty.org/en/documents/eur27/002/2007/en/ %0 Report %D 2007 %T Violence against Women, Trafficking, and Migration in the European Union %A Heli Askola %X

http://onlinelibrary.wiley.com/doi/10.1111/j.1468-0386.2007.00364.x/abstract

*The full article is available through this link. This article may be available free of charge to those with university credentials.

This article examines the evolving EU policy against human trafficking, especially trafficking that targets migrant women for sexual exploitation. It maintains that even though action against trafficking is now firmly on the EU agenda, current policies excessively focus on repressive measures and lack attention to the broader setting in which the exploitation of migrants takes place. This means that current EU anti-trafficking policy remains ineffectual, and may in some cases even be counterproductive.

%I European Law Journal %G eng %U http://onlinelibrary.wiley.com/doi/10.1111/j.1468-0386.2007.00364.x/abstract %0 Report %D 2007 %T Violence against Women, Trafficking, and Migration in the European Union %A Heli Askola %X

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=973959

This article examines the evolving EU policy against human trafficking, especially trafficking that targets migrant women for sexual exploitation. It maintains that even though action against trafficking is now firmly on the EU agenda, current policies excessively focus on repressive measures and lack attention to the broader setting in which the exploitation of migrants takes place. This means that current EU anti-trafficking policy remains ineffectual, and may in some cases even be counterproductive.

%I European Law Journal %G eng %U http://papers.ssrn.com/sol3/papers.cfm?abstract_id=973959 %0 Government Document %D 2007 %T Access to Justice for Women Victims of Violence in the Americas: Efforts to Comply With the Due Diligence Obligation in Response to Acts of Violence Against Women %X

http://www.cidh.org/women/Access07/chap3.htm

The Rapporteurship received information on the efforts made within the administration of justice system to improve the prosecution of cases involving violence against women and the treatment of victims when they turn to judicial institutions of protection.  Salient here is the preparation of national diagnostic studies examining how the domestic administration of justice systems deal with cases of violence against women, creation of special courts and units within the public prosecutor’s office and the police to deal specifically with gender issues and equipped with special expertise, creation of training programs for those in the justice system and the police, and programs to provide advocate services to victims who have turned to the judicial system.  A number of court rulings have been delivered underscoring the necessity of protecting the rights of women victims of violence, and the appointment of a number of women to the benches of the Supreme Courts in the region.

With international cooperation, research, studies and analyses have been conducted in a number of countries on how the justice systems and other state institutions respond to and treat cases involving violence and discrimination of women, the purpose being to discover ways to improve the judicial response.  In Bolivia, for example, the Constitutional Tribunal ordered a study, which was conducted with support from the Spanish Government, to identify the kinds of discrimination that women suffer in the administration of justice system.

%B Organization of American States %G eng %U http://www.cidh.org/women/Access07/chap3.htm %0 Journal Article %J China Today %D 2007 %T The Drive to Curb Domestic Violence %A Lu Rucai %A Xu Xiaoyan %X

http://chinatoday.sinoperi.com/en20073/610959.jhtml

*The full article is available through this link. This article may be available free of charge to those with university credentials.

PILES of books on women's issues cover every working surface of Guo Ruixiang's office. On its wall is a poster bearing the slogan: "curb domestic violence."

%B China Today %G eng %U http://chinatoday.sinoperi.com/en20073/610959.jhtml %0 Report %D 2007 %T Gender Indicators: What, Why and How? %X

http://www.oecd.org/dac/gender-development/43041409.pdf

This brief focuses on the use of gender indicators as a way of measuring change. It asks: what are indicators, and why should we develop gender indicators? It also addresses the often political issue of what we should be measuring, providing some broad principles that can be considered in making these decisions, as well as some questions donors can ask themselves when they are developing gender indicators. The brief also offers examples of existing indicators noting that they always need to be adapted to specific contexts. 

%B Bridge-- Development-Gender %I OECD %G eng %U http://www.oecd.org/dac/gender-development/43041409.pdf %0 Report %D 2007 %T Violations of Women's Rights in Japan %A Hisako Motoyama %A Yukako Yanagimoto %A Sharon Smee %X

http://www.omct.org/violence-against-women/urgent-interventions/japan/2007/05/d18646/

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.

%I UN Committee Against Torture %G eng %U http://www.omct.org/violence-against-women/urgent-interventions/japan/2007/05/d18646/ %0 Journal Article %J Human Rights Law Review %D 2007 %T The Need for a World Court of Human Rights %A Manfred Nowak %X

http://hrlr.oxfordjournals.org/content/7/1/251.full

*The full article is available through this link. This article may be available free of charge to those with university credentials.

The very notion of human rights implies that rights-holders must have some possibility to hold duty bearers accountable for not living up to their legally binding human rights obligations. This basic insight has found legal expression in the right to an effective remedy against violations of human rights, as laid down in Article 2(3) of the CCPR. This right to an effective remedy and reparation has been further developed by the so-called van Boven/Bassiouni Guidelines on the Right to a Remedy and Reparation, which were adopted by the General Assembly on 16 December 2005. By far the most effective method to implement the right to an effective remedy on the international level is to allow direct access of the rights holders to a fully independent international human rights court with the power to render binding judgments and to grant adequate reparation to the victims of human rights violations.

The establishment of the Human Rights Council seems to be the right moment to start seriously thinking about the creation of a World Court of Human Rights as its independent counter-part!

%B Human Rights Law Review %V 7 %P 251-259 %G eng %U http://hrlr.oxfordjournals.org/content/7/1/251.full %N 1 %0 Legal Rule or Regulation %D 2007 %T Case of Muñoz Vargas y Sainz de Vicuña v. Spain %A CEDAW %X

http://www2.ohchr.org/english/law/jurisprudence.htm

CEDAW/C/39/D/7/2005

Following the death of the Count of Bulnes, Cristina Muñoz-Vargas y Sainz de Vicuña (CMV), the Count’s first-born child, instituted legal proceedings in Spain challenging the succession of her younger brother to the title of nobility.  Under the Decree on the Order of Succession to Titles of Nobility, which was then in effect in Spain, a woman was entitled to inherit a title of nobility only if she was the first-born child and did not have a younger brother.  Male children were given primacy over female children in the ordinary line of succession in all other situations. 

CMV claimed that male primacy in the order of succession to titles of nobility was discriminatory and, therefore, unconstitutional.  Domestic courts dismissed her claim on the ground that the primacy afforded to male children was compatible with the constitutional rights to non-discrimination and equality, owing to the honorary and historic nature of titles and because the brother’s succession to the title of Count of Bulnes occurred prior to the commencement of the Spanish Constitution.  

The author subsequently submitted a communication to the Committee on the Elimination of Discrimination against Women (Committee) in which she claimed that male primacy in the order of succession to titles of nobility constituted discrimination on the basis of sex, in violation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in general, and articles 2(c) and 2(f) in particular.  She further claimed that Spain was required by CEDAW to amend or revise its laws establishing male primacy in the order of succession to titles of nobility.

 

%B C/39/D/7/2005; Communication No. 7/2005 %I Committee on the Elimination of Discrimination against Women (CEDAW) %G eng %U https://opcedaw.wordpress.com/tag/n-s-f-v-u-k/ %0 Legal Rule or Regulation %D 2007 %T Case of N.S.F. v. the U.K. %A CEDAW %X

http://www2.ohchr.org/english/law/jurisprudence.htm

CEDAW/C/38/D/10/2005

Ms. N.S.F. was a Pakistani asylum seeker living in the UK with her two children. In 1996 she married and had two sons resulting from this union. Shortly after, her husband began subjecting her to domestic violence. She endured marital rape and eventually divorced her husband in August 2002. She subsequently fled to a nearby village with her two sons where she continued to be harassed by her ex-husband after the divorce causing her to move two more times. She reported him to the police but did not receive any protection. In January 2003, the author’s ex-husband came to her home with other men armed with knives and threatened to kill her. After this incident, the author decided to flee the country and arrived in the United Kingdom, transiting through Cairo, Egypt, on 14 January 2003 with her two children, and applied for asylum the same day. In February the Immigration and Nationality Directorate of the Home Office rejected the author’s asylum application. The author appealed, claiming that her removal would be a violation of the 1951 Convention on the Status of Refugees and the European Convention on Human Rights and Fundamental Freedoms. She asserted that she had a well-founded fear of persecution by a non-state agent, under the 1951 Convention, due to her membership in a particular social group (women in Pakistan); that Pakistan did not offer her sufficient protection; that there was no real option of internal flight; and that article 3 of the European Convention on Human Rights and Fundamental Freedoms was violated. 

%B CEDAW/C/38/D/10/2005; Communication No. 10/2005 %I Committee on the Elimination of Discrimination against Women (CEDAW) %G eng %U http://www2.ohchr.org/english/law/jurisprudence.htm %0 Legal Rule or Regulation %D 2007 %T Case of Salgado v. the U.K. %A CEDAW %X

http://www2.ohchr.org/english/law/jurisprudence.htm

CEDAW/C/37/D/11/2006

The author of the communication, Constance Ragan Salgado, was a British citizen born who resided in Bogotá, Colombia, at the time of the communication’s submission. Her eldest son, Alvaro John Salgado, was born in Colombia in 1954 of a Colombian father. At that time, the author made an application to the UK Consulate to obtain British nationality for her son and was told that the entitlement to British nationality came through the paternal line; as his father was Colombian, her son was considered an alien.

The British Nationality Act 1981 (“the 1981 Act”), which entered into force in 1983, amended previous nationality legislation and conferred equal rights to women and men in respect of the nationality of their children under the age of 18. The author was told that her son still did not qualify for British citizenship under the 1981 Act. The author protested by letter to the British Consul and to the Home Office, claiming that, had her son claimed British nationality through a British father instead of through her, no age limit would have applied to him.

British nationality legislation again changed when the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”) entered into force on 30 April 2003 and added s. 4C to the 1981 Act (“Acquisition by Registration: Certain persons born between 1961 and 1983”). Children — by now adults — born abroad between 7 February 1961 and 1 January 1983 of British mothers would now be eligible to register as British nationals if they satisfied certain other conditions. In early 2003, the British Consul in Bogotá contacted the author to enquire as to whether she had any children born after 7 February 1961. She replied that her youngest son was born in 1966 and had acquired British nationality, but that her eldest son still had not. She was told that he did not qualify due to the fact that he was born before the cut-off date established under the 2002 Act. 

%B C/37/D/11/2006; Communication No. 11/2006 %I Committee on the Elimination of Discrimination against Women (CEDAW) %G eng %U http://www2.ohchr.org/english/law/jurisprudence.htm %0 Legal Rule or Regulation %D 2007 %T Case of Yildirim v. Austria %A CEDAW %X

http://www2.ohchr.org/english/law/jurisprudence.htm

CEDAW/C/39/D/6/2005 

The authors of the communication were the Vienna Intervention Centre against Domestic Violence and the Association for Women’s Access to Justice, two organizations in Vienna, Austria, that protect and support women victims of gender-based violence. From July 2003 Fatma Yildirim was subject to repeated death threats from her husband Ifran Yildrim, who also threatened to kill her children. On 6 August 2003 the police issued an expulsion and prohibition to return order against Irfan Yildirim. The police also reported to the Vienna Public Prosecutor that Irfan Yildirim had made a dangerous criminal threat against Fatma Yildirim and requested that Irfan Yildirim be detained. The Public Prosecutor rejected the request. On 14 August 2003, Fatma Yildirim gave a formal statement about the threats made to her life to the police, who in turn reported to the Vienna Public Prosecutor, requesting that Irfan Yildirim be detained. Again, this request was refused. On 11 September 2003, Irfan Yildirim fatally stabbed Fatma Yildirim near the family’s apartment.

Irfan Yildirim was arrested and convicted of killing Fatma Yildirim. At the time of the application he was serving a sentence of life imprisonment. 

%B C/39/D/6/2005; Communication No. 6/2005 %I Committee on the Elimination of Discrimination against Women (CEDAW) %G eng %U http://www2.ohchr.org/english/law/jurisprudence.htm %0 Report %D 2007 %T Promoting Domestic Implementation of CEDAW in China %A Dai Ruijun %X

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.

%I Worldwide Constitutional Law Studies %G eng %U http://www.iolaw.org.cn/global/en/shownews.asp?id=18172 %0 Legal Rule or Regulation %D 2007 %T Case of Goekce v. Austria %A CEDAW %X

http://www2.ohchr.org/english/law/jurisprudence.htm

CEDAW/C/39/D/5/2005

In 2007, the Committee on the Elimination of Discrimination Against Women considered Goekce v. Austria (C/39/D/5/2005 ). In 2002, the author's (Goekce's) husband shot and killed her in front of their two daughters. Before her death, the author had obtained three expulsion and prohibition-to-return orders against her husband in response to repeated episodes of domestic violence. The local prosecutor denied requests to detain the husband and terminated proceedings against him two days prior the author’s death. Police reports show that the law enforcement failed to respond in a timely fashion to the dispute that resulted in the author’s death. Representatives of the author submitted a complaint to the Committee, alleging that Austria’s Federal Act for the Protection against Violence within the Family provided inadequate protection for victims of spousal abuse, and stating that women are disproportionately affected by the State’s failure to effectively respond to domestic violence.

Decision. The Committee found that although Austria had adopted progressive legislation to address domestic violence, State authorities needed to investigate and respond to such complaints with increased diligence. Accordingly, the Committee concluded that the police knew or should have known that the author was in serious danger; thus, they were accountable for failing to protect her. By allowing the perpetrator’s rights to supersede the victim’s right to life and to physical and mental integrity, Austrian law enforcement violated its obligations under Article 2 to end sex-based discrimination through appropriate legislation, and its Article 3 duty to guarantee women’s equal access to human rights. The Committee recommended that Austria strengthen its implementation and monitoring of the Federal Act for the Protection against Violence within the Family, respond to complaints of domestic violence with due diligence, and provide adequate sanctions for the failure of authorities to do so.

%B C/39/D/5/2005 %I Committee on the Elimination of Discrimination Against Women (CEDAW) %G eng %U http://www2.ohchr.org/english/law/jurisprudence.htm %0 Government Document %D 2007 %T Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse %X

http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?CL=ENG&NT=201

The member States of the Council of Europe and the other signatories hereto;

Considering that the aim of the Council of Europe is to achieve a greater unity between its members;

Considering that every child has the right to such measures of protection as are required by his or her status as a minor, on the part of his or her family, society and the State;

Observing that the sexual exploitation of children, in particular child pornography and prostitution, and all forms of sexual abuse of children, including acts which are committed abroad, are destructive to children’s health and psycho-social development;

Observing that the sexual exploitation and sexual abuse of children have grown to worrying proportions at both national and international level, in particular as regards the increased use by both children and perpetrators of information and communication technologies (ICTs), and that preventing and combating such sexual exploitation and sexual abuse of children require international co-operation

%B Council of Europe %G eng %U http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?CL=ENG&NT=201 %0 Journal Article %J Croatian Yearbook of European Law and Policy %D 2007 %T Human Rights of Women and the Public/Private Divide in International Human Rights Law %A Ivana Radacic %X

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.
%B Croatian Yearbook of European Law and Policy %V 3 %G eng %U http://www.cyelp.com/index.php/cyelp/article/view/42 %0 Report %D 2006 %T Albania: Violence Against Women in the Family 'It's Not Her Shame' - Summary %X

https://www.amnesty.org/en/documents/eur11/005/2006/en/

An estimated one in three women in Albania have been hit, beaten or subjected to other physical violence within their families. Some have been raped, some have been killed.

Husbands, former husbands and partners are responsible for most of these acts of violence against women – abuses which are often condoned by the wider community. Violence against women is widely tolerated on grounds of tradition, even at the highest levels of the government, police and judiciary.

Violence against women is an abuse of the human rights of women and girls. It violates their rights to mental and physical integrity, to liberty and security of the person, to freedom of expression, the right to choice in marriage and the basic requirement of non-discrimination. Violence may amount to torture and in extreme cases, may violate the right to life. 

%B Amnesty International %I Amnesty International %G eng %U https://www.amnesty.org/en/documents/eur11/005/2006/en/ %0 Report %D 2006 %T Business as Usual: Violence against Women in the Globalized Economy of the Americas %X

http://www.amnesty.ca/research/reports/business-as-usual-violence-against-women-in-the-globalized-economy-of-the-americas

Serious and widespread violations of the basic rights of women, including violence, are longstanding and commonplace throughout the Americas.

In 1979 the United Nations adopted a treaty which aims to end the discrimination at the heart of the human rights abuses that are the daily reality for women around the world.  The UN Convention on the Elimination of all Forms of Discrimination against Women optimistically notes that “the establishment of the new international economic order based on equity and justice will contribute significantly towards the promotion of equality between men and women.”  The UN has gone on to finalize a Declaration on the Elimination of Violence against Women.  The Organization of American States has adopted the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women.  But serious human rights violations and pervasive violence against women continue in every corner of the Americas.

A complex web of factors fuels violence against women, including gender discrimination, impunity, poverty and racism.  Amnesty International is concerned that inadequate attention has been paid to the degree to which trade and investment policies can contribute to increasing economic inequality and vulnerability of women to violence.  Far from realizing the UN’s hope of an economic order based on equity and justice, new economic policies are a backdrop to ongoing, serious human rights violations and violence for women throughout the Americas.

%B Amnesty International Canada %I Amnesty International Canada %P 44 %G eng %U http://www.amnesty.ca/research/reports/business-as-usual-violence-against-women-in-the-globalized-economy-of-the-americas %0 Book Section %B Vida em família: uma perspectiva comparativa sobre "crimes de honra" %D 2006 %T “Legitimate Defense of Honor” - Illegitimate Impunity of Murders - A Critical Study of the Legislation and the Case Law in Latin America %A Silvia Pimentel %A Valéria Pandjiarjian %A Juliana Belloque %X
http://www.pagu.unicamp.br/en/content/colecoes-encontros
The theme of this article concerns “crimes of honor” – from a feminist, socio-legal perspective of gender and human rights point of view – involving different aspects relating to how the national legislation treats discrimination, especially crimes of violence against women, and, specifically, the way the national courts apply this legislation to concrete cases. Although there were international, regional and national advances in relation to the subject, especially during the nineties, there are still legislation and legal decisions, even in the twenty first century, violating women’s human rights, being marked by the impunity of the offenders and by the incorporation of stereotypes, prejudices and discriminations against women who are victims of violence.
%B Vida em família: uma perspectiva comparativa sobre "crimes de honra" %I Núcleo de Estudos de Gênero Pagu Universidade Estadual de Campinas %P 135-208 %G eng %U http://www.pagu.unicamp.br/en/content/colecoes-encontros %0 Magazine Article %D 2006 %T Women: for a life without violence %X

http://lapress.org/informes.asp?inf=3

Violence against women is the cruelest manifestation of gender-based discrimination and inequality, and despite numerous international agreements to eradicate it, the trend has continued, ever more bloodily, fueled by a patriarchal society in which women are the undervalued sex.

“The continuation of violence against women in the 21st century is inconceivable and unacceptable,” says Célia Leão, a state deputy from São Paulo, Brazil, and a key member of the first Parliamentary Investigation Commission on violence against women in that state in the mid-1990s.

One of society’s greatest challenges is for violence against women to be considered a human rights violation. 

%B Latinamerica press %7 Vol. 38 No. 7 %I Latinamerica press %C Lima %V 38 %8 04/19 %G eng %U http://lapress.org/informes.asp?inf=3 %N 7 %0 Report %D 2006 %T Yemen: Monitoring the situation of children and women: Multiple Indicator Cluster Survey 2006 %X

http://mics.unicef.org/survey_archives/yemen/survey0/index.html

The Yemen Multiple Indicator Cluster Survey (MICS) was carried by the Ministry of Health. Financial and technical support was provided by the United Nations Children’s Fund (UNICEF) and The Pan Arab Project for Family Health (PAPFAM), League of Arab States.

The survey has been conducted as part of the third round of MICS surveys (MICS3), carried out around the world in more than 50 countries, in 2005-2007, following the first two rounds of MICS surveys that were conducted in 1995 and the year 2000. Survey tools are based on the models and standards developed by the global MICS project, designed to collect information on the situation of children and women in countries around the world. Additional information on the global MICS project may be obtained from www.childinfo.org. 

%B UNICEF MICS %I UNICEF %G eng %U http://mics.unicef.org/survey_archives/yemen/survey0/index.html %0 Journal Article %J Journal of Epidemiology & Community Health %D 2006 %T Acceptability of domestic violence against women in the European Union: a multilevel analysis %A Enrique Gracia %A Juan Herrero %X

http://jech.bmj.com/content/60/2/123

*The full article is available through this link. This article may be available free of charge to those with university credentials.

The acceptability of domestic violence against women (DVAW) plays an important part in shaping the social environment in which the victims are embedded, which in turn may contribute either to perpetuate or to reduce the levels of DVAW in our societies. This study analyses correlates of the acceptability of DVAW in the European Union (EU).

%B Journal of Epidemiology & Community Health %I J Epidemiol Community Health %G eng %U http://jech.bmj.com/content/60/2/123 %0 Legal Rule or Regulation %D 2006 %T Case of Devrim Turan v. Turkey %X

http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"fulltext":["Devrim%20Turan%20v.%20Turkey"],"documentcollectionid2":["GRANDCHAMBER","CHAMBER"]}

In 1999 the applicant was taken into police custody on suspicion of being a member of an illegal organisation, the DHKP/C (Revolutionary People’s Liberation Party-Front). Two hours after her arrest she was taken to hospital to be examined. A medical report indicated the presence of an abrasion under one eye but no signs of ill-treatment on her body. Further medical examinations were carried out which also concluded that her body showed no signs of ill-treatment. The applicant refused to undergo a gynaecological examination on the first and the last day of her arrest and no such examination was carried out. Before a public prosecutor she denied the allegations against her and maintained that the statement she had made to the police shortly after her arrest had been taken under duress. She stated that she had been hosed with cold water, subjected to electric shocks and Palestinian hanging. She repeated her allegations before an investigating judge. Criminal proceedings were initiated against her before a state security court. She wrote to the court retracting her statement which she maintained had been made under duress. She also described in more detail her ill-treatment in police custody. She was found guilty as charged and sentenced to 12 years and six months’ imprisonment. She appealed to the Court of Cassation, referring in particular to her ill-treatment in custody, but her appeal was rejected.

%I European Court of Human Rights %G eng %U http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"fulltext":["Devrim%20Turan%20v.%20Turkey"],"documentcollectionid2":["GRANDCHAMBER","CHAMBER"]} %0 Report %D 2006 %T Papua New Guinea: Violence Against Women: Never Inevitable, Never Acceptable! %X

http://www.amnesty.org/en/documents/ASA34/002/2006/en/

This report explores how the State and civil society in Papua New Guinea are responding to gender-based violence against women. All States have a duty under international human rights law to prevent, prohibit and punish violence against women and to provide redress. Amnesty International found that in practice the Government of Papua New Guinea has done little to fulfil this obligation. Papua New Guinea ratified the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) over a decade ago yet women continue to be denied their enjoyment of human rights because of gender-based discrimination.

%B Amnesty International %I Amnesty International %G eng %U http://www.amnesty.org/en/documents/ASA34/002/2006/en/ %0 Legal Rule or Regulation %D 2006 %T Case of Nguyen v. The Netherlands %A CEDAW %X

http://www2.ohchr.org/english/law/jurisprudence.htm

CEDAW/C/36/D/3/2004 

The author was a resident of the Netherlands, and worked as a part-time salaried employee as well as a co-working spouse in her husband’s enterprise. She took maternity leave in 1999 and in 2002. She was insured under the Sickness Benefits Act (Ziektewet – “ZW”) for her salaried employment and received benefits to compensate for her loss of income. She was also insured under the Invalidity Insurance (Self- Employed Persons) Act (“WAZ”) for her work in her husband’s enterprise but was denied benefits under this scheme by the “LISV”, the benefits agency, as s. 59(4) (the “anti-accumulation clause”) of the WAZ allowed payment of benefits only insofar as they exceeded benefits payable under the ZW.

She therefore received only partial compensation for loss of income during her maternity leave. The author lodged an objection to the decision, which was rejected. Her appeals were rejected by the District Court and the Central Appeals Tribunal which found that s. 59(4) of the WAZ did not result in unfavourable treatment of women as compared to men. 

%B CEDAW/C/36/D/3/2004; Communication No. 3/2004 %I The Committee on the Elimination of Discrimination against Women (CEDAW) %G eng %U http://www.bayefsky.com/docs.php/area/jurisprudence/treaty/cedaw/opt/0/node/4/filename/netherlands_t5_cedaw_3_2004 %0 Legal Rule or Regulation %D 2006 %T Case of Szijjarto v. Hungary %A CEDAW %X

http://www2.ohchr.org/english/law/jurisprudence.htm

CEDAW/C/36/D/4/2004 

Andrea Szijjarto was sterilized without her informed consent by a Hungarian hospital during an emergency cesarean section procedure. While in a state of shock due to blood loss, Szijjarto was asked to provide her written consent to tubal ligation by signing an illegible hand-written note describing the procedure in terms she did not understand. Szijjarto charged the hospital with negligence in failing to obtain her full and informed consent to the coerced sterilization. Both the town and county courts held that the hospital was at least partially negligent in its legal duties to Szijjarto, but rejected her claim and appeal for failure to prove a lasting handicap and causal relationship between permanent loss of reproductive capacity and the conduct of the hospital’s doctors. The Committee on the Elimination of Discrimination Against Women held that Hungary violated Szijjarto’s rights under article 10(h) of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) on access to information on family planning, article 12 guaranteeing women appropriate medical services in connection with pregnancy, and paragraph 1(e) of article 16 on a woman’s right to freely choose the number and spacing of her children. The Committee recognized the serious consequences of coercive practices including forced sterilization under its General Recommendation No. 21, and held that the Hungary had violated Szijjarto’s right to information on family planning and the sterilization procedure. The Committee also held that lack of informed consent constituted a breach of the obligation under article 12 and General Recommendation No. 24 to ensure the delivery of acceptable medical services in a manner that respects a woman’s dignity. Accordingly, the Committee recommended the State provide compensation to Szijjarto and amend its Public Health Act allowing doctors’ discretion to administer sterilization procedures when “appropriate in given circumstances.”

%B CEDAW/C/36/D/4/2004; Communication No. 4/2004 %I Committee on the Elimination of Discrimination against Women (CEDAW) %G eng %U http://www2.ohchr.org/english/law/jurisprudence.htm %0 Report %D 2006 %T Ways and means of expediting the work of the Committee on the Elimination of Discrimination against Women: Overview of the working methods of the Committee on the Elimination of Discrimination against Women %X

http://www.un.org/womenwatch/daw/cedaw/37sess.htm

CEDAW/C/2007/I/4/Add.1

Located under the "Official Documents" section. 

Since its first session in 1982, the Committee on the Elimination of Discrimination against Women has made a concerted effort to develop appropriate working methods. These methods continue to evolve.

The present overview is designed to update States parties and others interested in the implementation of the Convention, including United Nations programmes and funds, specialized agencies and civil society organizations, on the current working methods of the Committee.

%B C/2007/I/4/Add.1 %I UN Women %G eng %U http://www.un.org/womenwatch/daw/cedaw/37sess.htm %0 Legal Rule or Regulation %D 2006 %T Case of A.S. v. Hungary %A CEDAW %X

http://www2.ohchr.org/english/law/jurisprudence.htm

CEDAW/C/36/D/4/2004

The A.S. v. Hungary (C/36/D/4/2004) complaint was filed under the Optional Protocol to CEDAW on behalf of a Hungarian woman of Roma origin who was coercively sterilized in a public hospital. The complaint was filed jointly by the Budapest-based Legal Defense Bureau for National and Ethnic Minorities (NEKI) and the European Roma Rights Center (ERRC), and charges the Hungarian government with violating A.S.’s rights to appropriate health care, family planning information, and free and informed decision-making over the number and spacing of her children as guaranteed under CEDAW. In November 2005, the Center submitted supplementary information to the CEDAW Committee in support of A.S. v. Hungary. The Center’s submission provided information from UN treaty monitoring bodies and international health and medical organizations underscoring women’s rights to receive accurate information on sterilization and other family planning services, and to informed consent to health care. In September 2006, CEDAW ruled in favor of A.S.

%B C/36/D/4/2004 %I Committee on the Elimination of Discrimination against Women (CEDAW) %G eng %U http://www2.ohchr.org/english/law/jurisprudence.htm %0 Legal Rule or Regulation %D 2006 %T Case of Kayhan v. Turkey %A CEDAW %X

http://www2.ohchr.org/english/law/jurisprudence.htm

CEDAW/C/34/D/8/2005

In 2006, the Committee on the Elimination of all forms of Discrimination Against Women considered Kayhan v. Turkey (C/34/D/8/2005). The author, a teacher in Turkey, was charged with the crime of “breaking the peace, silence and working order of the institutions with ideological and political reasons” for wearing a headscarf to her place of employment. On 9 June 2000, she was expelled from the civil service and her teaching position. On 23 October 2000, the author challenged her termination in an Administrative Court; the Court found the author’s termination lawful and dismissed her complaint, as well as her subsequent appeal. On 20 August 2004, the author submitted a complaint to the Committee, arguing that by terminating her status as a civil servant for wearing a headscarf, the State had violated Article 11 (discrimination against women in the field of employment) of the Convention.

Decision: Although the author’s employment was terminated before the entry into force of the Optional Protocol, the effects of this termination continued, thus eliminating any issue of temporal jurisdiction. However, the Committee still found the communication inadmissible, noting that the author failed to raise her claims of sex and employment discrimination in domestic courts before bringing these claims to the Committee. Thus, the author had not properly exhausted domestic remedies.

%B C/34/D/8/2005 %I Committee on the Elimination of Discrimination against Women (CEDAW) %G eng %U http://www2.ohchr.org/english/law/jurisprudence.htm %0 Report %D 2006 %T Ending violence against women: From words to action. Study of the Secretary-General %X

http://www.unwomen.org/en/digital-library/publications/2006/1/ending-violence-against-women-from-words-to-action-study-of-the-secretary-general

The UN Secretary-General's in-depth study on all forms of violence against women, mandated by General Assembly resolution 58/185, aims to highlight the persistence and unacceptability of all forms of violence against women in all parts of the world. It also seeks to strengthen the political commitment and joint efforts of all stakeholders to prevent and eliminate violence against women as well as to identify ways and means to ensure more sustained and effective implementation of State obligations to address all forms of violence against women, and to increase State accountability.

The study sets out the broad context of violence against women and summarizes the knowledge base with regard to its extent and prevalence. It exposes the gaps and challenges in the availability of data, including methodologies for assessing the prevalence of such violence. It synthesizes causes and consequences, including costs. The study also discusses States' responsibilities for preventing and addressing violence against women, and identifies promising practices and effective strategies for addressing it.

%B UN Women %I United Nations Entity for Gender Equality and the Empowerment of Women %G eng %U http://www.unwomen.org/en/digital-library/publications/2006/1/ending-violence-against-women-from-words-to-action-study-of-the-secretary-general %0 Report %D 2006 %T In-depth study on all forms of violence against women: Report of the Secretary-General %X

http://www.un.org/womenwatch/daw/vaw/SGstudyvaw.htm

The study:

%B UN Women %I United Nations Entity for Gender Equality and the Empowerment of Women %G eng %U http://www.un.org/womenwatch/daw/vaw/SGstudyvaw.htm %0 Journal Article %J INTERIGHTS Bulletin %D 2006 %T Positive Obligations of States and the Protection of Human Rights %A Silvia Borelli %X

http://www.interights.org/document/45/index.html

The recognition of a duty incumbent upon states ‘to take action’ is, at base, the common denominator of all understandings of the notion of ‘positive obligations’. In the specific context of international human rights law, the notion is one which has been frequently invoked both by treaty-monitoring bodies and in the academic literature; however, the term apparently bears differing meanings for different writers, depending on the context and the obligation under discussion. A number of different uses can accordingly be discerned, which to some extent overlap and interact. 

%B INTERIGHTS Bulletin %V 15 %P 101-103 %G eng %U http://www.interights.org/document/45/index.html %N 4 %0 Journal Article %J UN %D 2006 %T Report of the Special Rapporteur on Violence Against Women, its Causes and Consequences - 20 January 2006 %A Yakin Ertürk %X

http://www2.ohchr.org/english/bodies/chr/sessions/62/listdocs.htm

Agenda item 12

E/CN.4/2006/61

Sixty-Second Commission on Human Rights

This is my third report to the Commission in my capacity as the Special Rapporteur on the violence against women, its causes and consequences, submitted pursuant to Commission resolution 2005/41. Chapter I of the report summarizes my activities in 2005 and chapter II examines the due diligence standard as a tool for the effective implementation of women’s human rights, including the right to live a life free from violence.

The failure of international human rights law to adequately reflect and respond to the experiences and needs of women has stimulated much debate on the mainstream application of human rights standards. This has resulted in the transformation of the conventional understanding of human rights and the doctrine of State responsibility.

The 1993 Declaration on the Elimination of Violence against Women as well as other international instruments adopted the concept of due diligence, in relation to violence against women, as a yardstick to assess whether the State has met its obligation. Under the due diligence obligation, States have a duty to take positive action to prevent and protect women from violence, punish perpetuators of violent acts and compensate victims of violence. However, the application of due diligence standard, to date, has tended to be State-centric and limited to responding to violence when it occurs, largely neglecting the obligation to prevent and compensate and the responsibility of non-State actors.

The current challenge in combating violence against women is the implementation of existing human rights standards to ensure that the root causes and consequences of violence against women are tackled at all levels from the home to the transnational arena. The multiplicity of forms of violence against women as well as the fact that this violence frequently occurs at the intersection of different types of discrimination makes the adoption of multifaceted strategies to effectively prevent and combat this violence a necessity.

In this regard, the potential of the due diligence standard is explored at different levels of intervention: individual women, the community, the State and the transnational level. At each level, recommendations for relevant actors are highlighted. The report concludes that if we continue to push the boundaries of due diligence in demanding the full compliance of States with international law, including to address the root causes of violence, against women and to hold non-State actors accountable for their acts of violence, then we will move towards a conception of human rights that meets our aspirations for a just world free of violence. 

%B UN %G eng %U http://www2.ohchr.org/english/bodies/chr/sessions/62/listdocs.htm %0 Bill %D 2005 %T Charter for the Rights of Widows %X

A Draft Protocol for adaptation to specific country, legal, social, cultural and economic situations.

The Articles below describe acts and attitudes which are, in most countries, already proscribed under the general principles of international laws ratified by governments.  Here they are spelled out specifically.

It is hoped it will be a useful lobbying tool for widows’ groups, women’s organisations, and inform the relevant Ministries (Women, Justice, Health etc.) of the principle issues.

%I Widows for Peace Through Democracy %G eng %0 Report %D 2005 %T Encuesta demográfica y de salud materna e infantil "ENDEMAIN" %X

http://microdata.worldbank.org/index.php/catalog/979

El Centro de Estudios de Población y Desarrollo Social (CEPAR), pone a disposición del país, el Informe de la Encuesta Demográfica y de Salud Materna e Infantil 2004 (ENDEMAIN 2004), correspondiente a la provincia de Pichincha y ciudad de Quito, conducida bajo la responsabilidad directa de la institución y la participación activa del Comité Técnico de la encuesta, integrado por: Ministerio de Salud Pública (MSP), Instituto Nacional de Estadística y Censos (INEC), Agencia para el Desarrollo Internacional de los Estados Unidos (USAID), Fondo Japonés, Banco Interamericano de Desarrollo (BID), Fondo de Población de las Naciones Unidas (UNFPA), Programa Mundial de Alimentos (PMA), Fondo de las Naciones Unidas para la Infancia (UNICEF), Fundación Observatorio Social del Ecuador (OSE), Fondo de las Naciones Unidas para el Desarrollo de la Mujer (UNIFEM), y Sistema Integrado de Indicadores Sociales del Ecuador (STFS-SIISE), algunas de ellas brindaron también el apoyo económico para realizar la investigación. En todo este proceso, como en encuestas anteriores, se contó con la asistencia técnica de la División de Salud Reproductiva de los Centros para el Control y Prevención de Enfermedades (CDC) de Atlanta, y por primera vez, del Proyecto MEASURE de la Universidad de Carolina del Norte.

%B CEPAR - Centro de Estudios de Población y Desarrollo Social %I CEPAR - Centro de Estudios de Población y Desarrollo Social %C Quito %P 146 %G eng %U http://microdata.worldbank.org/index.php/catalog/979 %0 Government Document %D 2005 %T Council of Europe Action Plan 2005 %X

http://www.coe.int/t/dcr/summit/20050517_plan_action_en.asp

We, Heads of State and Government of the Member States of the Council of Europe, meeting in Warsaw on 16 and 17 May 2005, have outlined the following action plan laying down the principal tasks of the Council of Europe in the coming years.

I - PROMOTING COMMON FUNDAMENTAL VALUES: HUMAN RIGHTS, RULE OF LAW AND DEMOCRACY

1. Ensuring the continued effectiveness of the European Convention on Human Rights

◦   We shall ensure the long-term effectiveness of the Convention for the Protection of Human Rights and Fundamental Freedoms by all appropriate means. To this end we shall provide the European Court of Human Rights with the necessary support and implement all the reform measures adopted at the 114th Session of the Committee of Ministers in May 2004, in accordance with all the modalities foreseen. This includes, as envisaged, the ratification of Protocol No. 14 to the Convention, which is essential for the future effectiveness of the European Convention on Human Rights.

%B Council of Europe %G eng %U http://www.coe.int/t/dcr/summit/20050517_plan_action_en.asp %0 Report %D 2005 %T Legislative Guide For The Protocol To Prevent, Suppress And Punish Trafficking In Persons, Especially Women And Children %X

https://www.unodc.org/unodc/en/treaties/CTOC/legislative-guide.html

Fourth publication under "FREE Online Download": Download the Trafficking in Persons Protocol guide only

The main purpose of the legislative guides is to assist States seeking to ratify or implement the United Nations Convention against Transnational Organized Crime and its supplementary Protocols.

The guides lay out the basic requirements of the Convention and the Protocols thereto, as well as the issues that each State party must address, while furnishing a range of options and examples that national drafters may wish to consider as they try to implement the Convention and its Protocols.

The guides have been drafted to accommodate different legal traditions and varying levels of institutional development and provide, where available, implementation options.

The present legislative guides are the product of a broad participatory process involving invaluable input from numerous experts, institutions and government representatives from all regions of the world, who contributed to the guides a wealth of knowledge and expertise, together with significant enthusiasm and personal and professional commitment.

%B UNODC %I United Nations Office on Drugs and Crime %G eng %U https://www.unodc.org/unodc/en/treaties/CTOC/legislative-guide.html %0 Report %D 2005 %T Addressing Violence against Women and Achieving the Millennium Development Goals %X

http://www.who.int/gender-equity-rights/knowledge/who_fch_gwh_05_1/en/

Violence against women hinders progress in achieving the Millennium Development Goals (MDGs). This document highlights the connections between the MDGs and the prevention of violence against women by showing how: a) working towards the MDGs will reduce violence against women; and b) preventing violence against women will contribute to achieving the MDGs. It provides recommendations to address violence against women and promote progress towards the 8 MDGs.

%B World Health Organization %I World Health Organization (WHO) Department of Gender, Women and Health %C Geneva %G eng %U http://www.who.int/gender-equity-rights/knowledge/who_fch_gwh_05_1/en/ %0 Generic %D 2005 %T Prevention of Domestic Violence Act, No.34 %X

http://www.parliament.lk/en/business-of-parliament/acts-bills?tab=acts&type=1&id=5698

An act to provide for the prevention of any act of domestic violence and for matters connected therewith or incidental in Sri Lanka.

%B Parliament of the Democratic Socialist Republic of Sri Lanka %G eng %U http://www.parliament.lk/en/business-of-parliament/acts-bills?tab=acts&type=1&id=5698 %0 Report %D 2005 %T Researching Violence Against Women: A Practical Guide for Researchers and Activists %X

http://www.who.int/reproductivehealth/publications/violence/9241546476/en/

Produced by PATH and the World Health Organization, this guide draws on the experience of researchers from more than 40 countries and presents methods for performing surveys and qualitative research on gender-based violence in low-resource settings. It covers all aspects of the research process, from study design to training field workers. It also describes ways to use findings to influence decision-makers. Most important, it presents clear guidelines for protecting the safety of women participating in the research.

Each chapter can be viewed or downloaded separately under the section "INDIVIDUAL CHAPTERS".

%B World Health Organization %I World Health Organization and Program for Appropriate Technology in Health %G eng %U http://www.who.int/reproductivehealth/publications/violence/9241546476/en/ %0 Journal Article %J Violence Against Women %D 2005 %T The Critical Path of Women Affected by Family Violence in Latin America: Case Studies From 10 Countries %A Montserrat Sagot %X

http://vaw.sagepub.com/content/11/10/1292.full.pdf

*The full article is available through this link. This article may be available free of charge to those with university credentials.

This research examined the critical path followed by women from 10 Latin American countries who suffer family violence. It identified the personal and social processes women experience as a result of their help-seeking actions and the kinds of responses found at local services. The study used an action-oriented qualitative methodology with a standard research protocol that was translated and adapted for the various ethnic groups. The results provided community actors with an understanding of the barriers women face in overcoming the obstacles, humiliation, and inadequate responses they encounter along their critical paths.

%B Violence Against Women %V 11 %P 1292-1318 %G eng %U http://vaw.sagepub.com/content/11/10/1292.full.pdf %0 Book %D 2005 %T WHO Multi-country Study on Women's Health and Domestic Violence against Women %X

http://www.who.int/reproductivehealth/publications/violence/24159358X/en/

Emphasis on Chapter 9: Women's coping strategies and responses to physical violence by intimate partners

WHO’s landmark study documents violence against women by their intimate partners. This report presents the initial results based on evidence collected from over 24,000 women in 10 countries. The report culminates in 15 recommendations to strengthen national commitment and action on violence against women by promoting primary prevention, harnessing education systems, strengthening the health sector’s response, supporting women living with violence, sensitizing criminal justice systems, undertaking research and enhancing collaboration.

%I World Health Organization %G eng %U http://www.who.int/reproductivehealth/publications/violence/24159358X/en/ %0 Legal Rule or Regulation %D 2005 %T Case of A.T. v. Hungary %A CEDAW %X

http://www2.ohchr.org/english/law/jurisprudence.htm

CEDAW/C/36/D/2/2003

The Committee on the Elimination of Discrimination against women held that State party's obligations extend to prevention of, and protection from, violence against women and remain unfulfilled in the instant case and constitute a violation of the author's human rights and fundamental freedoms, particularly her right to security of person; Violation of articles 5(a) and 16, traditional attitudes contribute to violence against women; facts of the communication reveal aspects of the relationships between the sexes and attitudes towards women; impossibility to ask for a restraining or protection order or to flee to a shelter.

%B CEDAW/C/36/D/2/2003 %I Committee on the Elimination of Discrimination against Women (CEDAW) %G eng %U http://www2.ohchr.org/english/law/jurisprudence.htm %0 Report %D 2005 %T Council of Europe Convention on Action against Trafficking in Human Beings %X

http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?NT=197&CM=8&DF=06/07/2015&CL=ENG

Trafficking in human beings violates the rights and affects the lives of countless people in Europe and beyond. The Council of Europe Convention on Action against Trafficking in Human Beings, which entered into force on 1 February 2008, aims to prevent trafficking in human beings, protect victims of trafficking, prosecute traffickers, and promote co-ordination of national actions and international co-operation. The countries which have signed up to the Convention are monitored by the Group of Experts on Action against Trafficking in Human Beings (GRETA). The Council of Europe also supports governments in the implementation of the Convention and the recommendations emerging from its monitoring process.

%I Council of Europe %G eng %U http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?NT=197&CM=8&DF=06/07/2015&CL=ENG %0 Government Document %D 2005 %T Council of Europe Convention on Action against Trafficking in Human Beings (Explanatory Report) %X

http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?NT=197&CM=8&DF=06/07/2015&CL=ENG

1.   Trafficking in human beings is a major problem in Europe today. Annually, thousands of people, largely women and children, fall victim to trafficking for sexual exploitation or other purposes, whether in their own countries or abroad. All indicators point to an increase in victim numbers. Action to combat trafficking in human beings is receiving worldwide attention because trafficking threatens the human rights and the fundamental values of democratic societies. 

2.   Action to combat this persistent assault on humanity is one of a number of fronts on which the Council of Europe is battling on behalf of human rights and human dignity.

%B Council of Europe %G eng %U http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?NT=197&CM=8&DF=06/07/2015&CL=ENG %0 Government Document %D 2005 %T Forced Marriages in Council of Europe member States %A Edwige Rude-Antoine %X

http://eige.europa.eu/rdc/library/resource/IAV_ADL96337

CDEG (2005) 1 

The Council of Europe is a political organisation which was founded on 5 May 1949 by ten European countries in order to promote greater unity between its members. It now numbers 46 Euro- pean states.1 The main aims of the Or- ganisation are to promote democracy, human rights and the rule of law, and to develop common responses to political, social, cultural and legal challenges in its member states. Since 1989 it has inte- grated most of the countries of central and eastern Europe and supported them in their efforts to implement and con- solidate their political, legal and admin- istrative reforms. 

%G eng %U http://eige.europa.eu/rdc/library/resource/IAV_ADL96337 %0 Web Page %D 2004 %T Annex to the Guidance Document: General and Specific Protection of Women under International Humanitarian Law %X

https://www.icrc.org/en/document/general-specific-protection-women

This Annex includes both the general and specific protection afforded to women under international humanitarian law, meaning that some of the legal provisions apply equally to men and women without adverse distinction, while others apply exclusively to women. Although this table only refers to international humanitarian law, other bodies of law, such as human rights law, refugee law and domestic law also protect women in situations of armed conflict.

%B International Committee of the Red Cross %8 02 Mar, 2004 %G eng %U https://www.icrc.org/en/document/general-specific-protection-women %0 Journal Article %J Journal of the Integrated Bar of the Philippines %D 2004 %T The Anti-Trafficking in Persons Act: Issues and Problems %A Rowena V. Guanzon %A Charmaine M. Calalang %X

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.

 

%B Journal of the Integrated Bar of the Philippines %V 30 %P 79-91 %G eng %N 1 %0 Report %D 2004 %T Justice Shelved - Impunity for Rape in Bosnia - Herzegovina %X

https://www.amnesty.org/en/documents/eur63/005/2004/en/

Please use drop-down menu to select language before downloading the report

This campaign leaflet calls on the government to take action to end impunity for the perpetrators of crimes against humanity and war crimes against women.

%B Amnesty International %I Amnesty International %G eng %U https://www.amnesty.org/en/documents/eur63/005/2004/en/ %0 Report %D 2004 %T Effective Implementation of the Convention of Belém do Pará. A task still to be done %X

https://www.amnesty.org/fr/documents/ior62/003/2004/en/

Ten years after the adoption of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, "Convention of Belém do Pará", Amnesty International presents this report that describes and analyzes the main features of the proposal put forward by the Inter-American Commission of Women for establishing a follow-up mechanism on the implementation of the Convention of Belém do Pará. The report also contains a series of recommendations addressed to the bodies and governments involved in drawing up the proposal.

%B Amnesty International %I Amnesty International %G eng %U https://www.amnesty.org/fr/documents/ior62/003/2004/en/ %0 Legal Rule or Regulation %D 2004 %T Case of B. J. v. Germany %A CEDAW %X

http://www2.ohchr.org/english/law/jurisprudence.htm

CEDAW/C/36/D/1/2003

In B.J. v. Germany (1/2003), Ms. B.J., a German citizen, submitted an individual complaint to the Committee alleging that she was subjected to gender-based discrimination under the statutory regulations regarding the law on the legal consequences of divorce. She claimed that the law relating to reallocation of pension entitlements and provisions governing the question of maintenance are similarly discriminatory. The author claimed more generally that women are subjected to procedural discrimination because the risks and stress of court proceedings to resolve the consequences of divorce are carried unilaterally by women, who are also prevented from enjoying equality of arms. She also claimed that all divorced women in situations similar to hers are victims of systematic discrimination. 

The Committee decided that the communication was inadmissible under article 4, paragraph 1, for the author’s failure to exhaust domestic remedies, and paragraph 2(e), because the disputed facts occurred prior to the entry into force of the Optional Protocol for the State party and did not continue after that date. 

%B CEDAW/C/36/D/1/2003 %I The Committee on the Elimination of Discrimination against Women (CEDAW) %G eng %U http://www2.ohchr.org/english/law/jurisprudence.htm %0 Manuscript %D 2004 %T Women, Muslim Laws and Human Rights in Nigeria: A Keynote Address %A Ayesha Imam %X

http://www.wilsoncenter.org/publication/women-muslim-laws-and-human-rights-nigeria-keynote-address

What is the meaning of Shari’a law? How can we understand its implementation in different contexts, given the diversity in the practice of Islam in Africa and around the globe? What are the elements of Shari’a that are particularly relevant to the position of women and gender relations in the African nation(s) under consideration?

%B Woodrow Wilson International Center for Scholars - Africa Program %G eng %U http://www.wilsoncenter.org/publication/women-muslim-laws-and-human-rights-nigeria-keynote-address %0 Journal Article %J Violence Against Women %D 2003 %T The Impact of Family and Friends’ Reactions on the Well-Being of Women With Abusive Partners %A Jessica R Goodkind %A Tameka L Gillum %A Deborah I Bybee %A Cris M Sullivan %X

http://vaw.sagepub.com/content/9/3/347

*The full article is available through this link. This article may be available free of charge to those with university credentials.

This study examined the degree to which battered women talked with family and friends about abuse they were experiencing and how family and friends responded. Participants were 137 women who had recently experienced domestic violence and were exiting a shelter. Most women confided in family and friends about the abuse. Family and friends’ reactions depended on contextual factors, including the woman’s relationship with her assailant, number of separations, number of children, and whether family and friends were threatened. Family and friends’ negative reactions and offers of tangible support were significantly related to women’s well-being, although positive emotional support was not.

%B Violence Against Women %V 9 %P 347-373 %G eng %U http://vaw.sagepub.com/content/9/3/347 %N 3 %0 Report %D 2003 %T Protocol to the African Charter on Human and People's Rights on the Rights of Women in Africa (Maputo Protocol Text) %X

http://www.achpr.org/instruments/women-protocol/

The Maputo Protocol was originally adopted by the “Assembly of the African Union” in Maputo, Mozambique on July 11, 2003. The official document is titled “Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa.”

The Maputo Protocol is a treaty instrument that is binding on all countries that ratify it. It went into effect in November 2005, after the minimum 15 of the 53 African Union member countries ratified it. As of June 2007, according to the African Union, 43 nations had signed it and 21 had formally ratified it: (Benin, Burkina Faso, Cape Verde, Comoros, Djibouti, Gambia, Libya, Lesotho, Malawi, Mali, Mozambique, Mauritania, Namibia, Nigeria, Rwanda, South Africa, Senegal, Seychelles, Tanzania, Togo and Zambia). 

%B achpr.org %I African Union %G eng %U http://www.achpr.org/instruments/women-protocol/ %0 Report %D 2003 %T Protocol to the African Charter on Human and People's Rights on the Rights of Women in Africa (Simplified) %A Koffi Kounte %X

http://www.peacewomen.org/node/89904

The Protocol to the African Charter on Human and People's Rights (ACHPR) on the Rights of Women in Africa was adopted in Maputo in July 2003, eight years after the commencement of the drafting process in Lomé, Togo in March 1995. This event marked a major achievement. However, before entering into force, the Protocol required ratification in fifteen member countries (Article 29). On 26 October 2005, Togo became the fifteenth country to ratify and deposit the Protocol before the Commission of the African Union. The Protocol entered into force a month later on 25 November 2005.

While celebrating this major achievement, the African women's movement remains vigilant in the pursuit of our next objective: the universal ratification of the instrument and its effective implementation. Only then will the status of African women significantly improve.

In pursuit of this objective, the Women’s International League for Peace and Freedom WiLDAF) sub-regional office for West Africa produced this simplified version of the Protocol, which can be used to educate and raise awareness of women's rights. 

%B peacewomen.org %I Peace Women %G eng %U http://www.peacewomen.org/node/89904 %0 Report %D 2003 %T Elimination of domestic violence against women (A/RES/58/147, of 22 December 2003) %X

http://www.un.org/womenwatch/daw/vaw/v-work-ga.htm

Report located under "Domestic Violence"

Resolution adopted by the UN General Assembly for the elimination on violence against women. 

%B UN Women %I United Nations General Assembly %G eng %U http://www.un.org/womenwatch/daw/vaw/v-work-ga.htm %0 Report %D 2003 %T Gender, Exploitative Migration, and the Sex Industry: A European Perspective %A Thanh-Dam Truong %X

http://gtd.sagepub.com/content/7/1/31.short

*The full article is available through this link. This article may be available free of charge to those with university credentials.

This article weaves together three dimensions of sex trafficking, notably commercial sex as violence against women, as a livelihood option, and as part of the social formation of an inter-state system of transaction of sex as a commodity. Based on data from Europe, the article shows how analysis of violence against women in commercial sex must be taken beyond the workplace and located in social processes that precede it — economic policy of transition and intra-state violence that undermine women’s human insecurity in their daily lives. Diverse forms of violence at the workplace are outcomes of the treatment of women as a commodity on the labor market through unethical self-regulating recruitment systems, as well as an ineffective regulation of migration and commercial sex. Responses to this problem at EU level could benefit from a human security framework sensitive to existing sex/gender systems and their dynamics.

%I Asian Institute of Technology %G eng %U http://gtd.sagepub.com/content/7/1/31.short %0 Report %D 2003 %T State violence in the Philippines %X

http://www.omct.org/rights-of-the-child/reports-and-publications/philippines/2003/09/d16993/

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.

%I World Organisation Against Torture %C Geneva %G eng %U http://www.omct.org/rights-of-the-child/reports-and-publications/philippines/2003/09/d16993/ %0 Report %D 2003 %T Trafficking of Women and Children in Indonesia %A Tula Connell %X

http://www.solidaritycenter.org/publication/trafficking-of-women-and-children-in-indonesia/

“Trafficking of Women and Children in Indonesia” examines the many forms of human labor trafficking, their causes and the demographics fueling the rise of women and children in forced and exploitative labor. 

%I Solidarity Center %G eng %U http://www.solidaritycenter.org/publication/trafficking-of-women-and-children-in-indonesia/ %0 Government Document %D 2003 %T CEDAW – Guidelines on Reporting from States %X

http://www.un.org/womenwatch/daw/cedaw/reporting.htm

This document (HRI/GEN/2/Rev.1/Add.2 ) contains the guidelines issued by the Committee on the Elimination of Discrimination against Women for all reports submitted after 31 December 2002. These guidelines replace all earlier reporting guidelines issued by the Committee on the Elimination of Discrimination against Women, including those contained in HRI/GEN/2/Rev.1.

%B UN Women %G eng %U http://www.un.org/womenwatch/daw/cedaw/reporting.htm#guidelines %0 Journal Article %J Law & Social Inquiry %D 2003 %T Constructing a Global Law - Violence against Women and the Human Rights System %A Sally Engle Merry %X

http://onlinelibrary.wiley.com/doi/10.1111/j.1747-4469.2003.tb00828.x/abstract

*The full article is available through this link. This article may be available free of charge to those with university credentials.

This ethnographic analysis of one of the core human rights conventions suggests that despite the lack of enforceability of this convention and its operation within the framework of state sovereignty, it is similar to state law. The Convention on the Elimination of All Forms of Discrimination against Women, or CEDAW, the major UN convention on the status of women, articulates a vision of women's equal protection from discrimination and addresses gender-based violence as a form of discrimination. It had been ratified by 171 nation states as of mid-2003. Its implementation relies on a complex process of periodic reporting to a global body meeting in New York and a symbiotic if sometimes contentious relationship between government representatives and international and domestic NGOs. Like state law, it serves to articulate and name problems and delineate solutions. It provides a resource for activists endeavoring to address problems of women's status and turns the international gaze on resisting nations. Its regulatory strength depends on the cultural legitimacy of the international process of consensus building and related social movements to define social justice in these terms. Thus, like state law, its impact depends on its cultural legitimacy and its embodiment in local cultures and legal consciousness. This examination of CEDAW as quasi law extends our understanding of law as a plural and a symbolic system rooted in a particular historical moment of globalization.

 

%B Law & Social Inquiry %V 28 %P 941-977 %G eng %U http://onlinelibrary.wiley.com/doi/10.1111/j.1747-4469.2003.tb00828.x/abstract %N 4 %0 Report %D 2003 %T "We'll kill you if you cry" - Sexual Violence in the Sierra Leone Conflict %X

https://www.hrw.org/report/2003/01/16/well-kill-you-if-you-cry/sexual-violence-sierra-leone-conflict

Throughout the armed conflict in Sierra Leone from 1991 to 2001, thousands of women and girls of all ages, ethnic groups, and socioeconomic classes were subjected to widespread and systematic sexual violence, including individual and gang rape, and rape with objects such as weapons, firewood, umbrellas, and pestles. Rape was perpetrated by both sides, but mostly by the rebel forces. These crimes of sexual violence were generally characterized by extraordinary brutality and frequently preceded or followed by other egregious human rights abuses against the victim, her family, and her community. Although the rebels raped indiscriminately irrespective of age, they targeted young women and girls whom they thought were virgins. Many of these younger victims did not survive these crimes of sexual violence. Adult women were also raped so violently that they sometimes bled to death or suffered from tearing in the genital area, causing long-term incontinence and severe infections. Many victims who were pregnant at the time of rape miscarried as a result of the sexual violence they were subjected to, and numerous women had their babies torn out of their uterus as rebels placed bets on the sex of the unborn child.

%I Human Rights Watch %C Washington, DC %G eng %U https://www.hrw.org/report/2003/01/16/well-kill-you-if-you-cry/sexual-violence-sierra-leone-conflict %0 Report %D 2003 %T Not a Minute More: Ending Violence Against Women %X

https://www.un.org/ruleoflaw/blog/document/not-a-minute-more-ending-violence-against-women/

Our goal in this report is to highlight achievements and indicate what must be done to build on these achievements. The report provides examples of good practices as well as of efforts that did not meet the goals set out for them — and explores why not. It looks at the challenges ahead, and asks what the most fruitful next steps might be. The work of the last decades indicates several directions for the future, but one of the most critical areas is the need for collaboration and partnerships. No one government or international agency or civil society organization can hope to have an impact alone. Pooling resources, sharing strengths and knowledge and listening to local leaders will allow end-violence efforts to move to the next level. We hope that that the lessons gathered here will serve as a tool, a prod and an inspiration to those entrusted with building the rule of law and honouring human rights as the basis for human security everywhere. 

%I UNIFEM %G eng %U https://www.un.org/ruleoflaw/blog/document/not-a-minute-more-ending-violence-against-women/ %0 Report %D 2003 %T The United Nations in Global Governance: Rebalancing Organized Multilateralism for Current and Future Challenges %A Ramesh Thakur %X
From 4-6 June 2003, the United Nations Non-Governmental Liaison Service (NGLS) held a consultation with civil society representatives on the theme: “The Crisis in Global Governance: Challenges for the United Nations and Global Civil Society”. Nearly 60 NGO/CSO representatives from more than 20 countries attended the meeting, as well as a number of representatives from the UN system (see list of participants in Annex III). The meeting was structured to maximize inter-active discussions based on participants’ wide range of experiences and perspectives on the state of global governance, and challenges they see ahead for the United Nations and global civil society. The consultation brought together a mix of NGOs/CSOs, many with UN consultative status but some without, ensuring a balance between organizations that have permanent representation at the UN and others that participate in the work of  the UN only occasionally to pursue specific issues and objectives, or that are primarily working with grassroots social movements.  NGLS organised the meeting in the context of the Secretary General’s High Level Panel to review UN-Civil Society relations (see below) and as a counterpart to a consultation it organised in March 2003 among the NGO liaison officers/focal points of the UN and the international system.
%B http://www.un-ngls.org/ %I The United Nations Non-Governmental Liaison Service (NGLS) %G eng %U http://www.un.org/en/ga/president/65/initiatives/GGStatements.html %0 Journal Article %J Journal of Interpersonal Violence %D 2002 %T Findings From a Community-Based Program for Battered Women and Their Children %A Cris M Sullivan %A Deborah I Bybee %A Nicole E Allen %X

http://jiv.sagepub.com/content/17/9/915.short

*The full article is available through this link. This article may be available free of charge to those with university credentials.

The effectiveness of a strengths-and community-based support and advocacy intervention for battered women and their children was examined. The study included a longitudinal, experimental design and employed multimethod strategies to measure children's exposure to abuse and their self-competence over a period of 8 months. Maternal experience of abuse and maternal well-being were also assessed. The experimental intervention involved advocacy for mothers and their children and a 10-week support and education group for the children. Families in the experimental condition received the free services of a trained paraprofessional for 6 to 8 hours per week over 16 weeks. Eighty mothers and their 80 children participated in the study. Findings were modest but promising. Children in the experimental condition reported significantly higher self-competence in several domains compared to children in the control group. The intervention caused improvement in women's depression and self-esteem over time. Policy, practice and research implications are discussed.

%B Journal of Interpersonal Violence %V 17 %P 915-936 %G eng %U http://jiv.sagepub.com/content/17/9/915.short %N 9 %0 Journal Article %J American Journal of Psychology %D 2002 %T The process through which an advocacy intervention resulted in positive change for battered women over time. %A Deborah I Bybee %A Cris M Sullivan %X

http://www.ncbi.nlm.nih.gov/pubmed/11928772

*The full article is available through this link. This article may be available free of charge to those with university credentials.

A prior experimental evaluation of a community-based advocacy program for women with abusive partners demonstrated positive change in the lives of women even 2 years postintervention (C M. Sullivan & D. I. Bybee, 1999). The current study explored the complex mediational process through which this change occurred, using longitudinal structural equation modeling and formal tests of mediation. As hypothesized, the advocacy intervention first resulted in women successfully obtaining desired community resources and increasing their social support, which enhanced their overall quality of life. This improvement in well-being appeared to serve as a protective factor from subsequent abuse, as women who received the intervention were significantly less likely to be abused at 2-year follow-up compared with women in the control condition. Increased quality of life completely mediated the impact of the advocacy intervention on later reabuse. Discussion places advocacy for women in the context of other efforts that are needed to build an effective community response to preventing intimate violence against women.

%B American Journal of Psychology %I American Journal of Psychology %V 30 %P 103-132 %G eng %U http://www.ncbi.nlm.nih.gov/pubmed/11928772 %N 1 %0 Book %D 2002 %T Violencia contra la mujer en relación de pareja: América Latina y el Caribe. Una propuesta para medir su magnitud y evolución %A Alméras, Diane %A Bravo, Rosa %A Milosavljevic, Vivian %A Montaño, Sonia %A Nieves Rico, María %X

http://www.cepal.org/es/publicaciones/5896-violencia-contra-la-mujer-en-relacion-de-pareja-america-latina-y-el-caribe-una

El documento ha sido preparado por la Unidad Mujer y Desarrollo de la CEPAL como un insumo para la Reunión 'estadísticas e Indicadores de género para medir incidencia y evolución de la violencia contra la mujer en América Latina y el Caribe' que se realizó en La Paz, Bolivia, del 21 al 23 de Noviembre de 2001. El documento recoge los aportes realizados por los participantes al documento de trabajo presentado por la CEPAL durante la reunión y es una herramienta que contribuye a medir la magnitud y las principales características de la violencia contra la mujer en relación de pareja.

%I CEPAL %C Santiago de Chile %P 52 %G eng %U http://www.cepal.org/es/publicaciones/5896-violencia-contra-la-mujer-en-relacion-de-pareja-america-latina-y-el-caribe-una %0 Government Document %D 2002 %T Council of Europe Recommendation (2002)5 & Explanatory Note %X

http://euromed-justice.eu/document/coe-2002-recommendation-rec-5-committee-ministers-member-states-protection-women-against

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe, Reaffirming that violence towards women is the result of an imbalance of power between men and women and is leading to serious discrimination against the female sex, both within society and within the family; Affirming that violence against women both violates and impairs or nullifies the enjoyment of their human rights and fundamental freedoms; Noting that violence against women constitutes a violation of their physical, psychological and/or sexual integrity; Noting with concern that women are often subjected to multiple discrimination on ground of their gender as well as their origin, including as victims of traditional or customary practices inconsistent with their human rights and fundamental freedoms; Considering that violence against women runs counter to the establishment of equality and peace and constitutes a major obstacle to citizens’ security and democracy in Europe; Noting with concern the extent of violence against women in the family, whatever form the family takes, and at all levels of society; Considering it urgent to combat this phenomenon which affects all European societies and concerns all their members

%B Council of Europe %G eng %U http://euromed-justice.eu/document/coe-2002-recommendation-rec-5-committee-ministers-member-states-protection-women-against %0 Book %D 2002 %T Women, War and Peace - Executive Summary %A Elisabeth Rehn %A Ellen Johnson Sirleaf %X

http://www.unwomen.org/en/digital-library/publications/2002/1/women-war-peace-the-independent-experts-assessment-on-the-impact-of-armed-conflict-on-women-and-women-s-role-in-peace-building-progress-of-the-world-s-women-2002-vol-1

"Women, War and Peace" covers topics such as peace operations, use of media, reconstruction, health, and prevention. By sharing the personal stories of women involved in these efforts, the book shows that through willingness and support, there is hope that women will be continually involved in peace operations. 

%I United Nations Development Fund for Women (UNIFEM) %G eng %U http://www.unwomen.org/en/digital-library/publications/2002/1/women-war-peace-the-independent-experts-assessment-on-the-impact-of-armed-conflict-on-women-and-women-s-role-in-peace-building-progress-of-the-world-s-women-2002-vol-1 %0 Book %D 2002 %T Women, War and Peace - Experts' Biographical Sketches %A Elisabeth Rehn %A Ellen Johnson Sirleaf %X

http://www.unwomen.org/en/digital-library/publications/2002/1/women-war-peace-the-independent-experts-assessment-on-the-impact-of-armed-conflict-on-women-and-women-s-role-in-peace-building-progress-of-the-world-s-women-2002-vol-1

"Women, War and Peace" covers topics such as peace operations, use of media, reconstruction, health, and prevention. By sharing the personal stories of women involved in these efforts, the book shows that through willingness and support, there is hope that women will be continually involved in peace operations.

%I United Nations Development Fund for Women (UNIFEM) %G eng %U http://www.unwomen.org/en/digital-library/publications/2002/1/women-war-peace-the-independent-experts-assessment-on-the-impact-of-armed-conflict-on-women-and-women-s-role-in-peace-building-progress-of-the-world-s-women-2002-vol-1 %0 Book %D 2002 %T Women, War and Peace - Media Kit %A Elisabeth Rehn %A Ellen Johnson Sirleaf %X

http://www.unwomen.org/en/digital-library/publications/2002/1/women-war-peace-the-independent-experts-assessment-on-the-impact-of-armed-conflict-on-women-and-women-s-role-in-peace-building-progress-of-the-world-s-women-2002-vol-1

"Women, War and Peace" covers topics such as peace operations, use of media, reconstruction, health, and prevention. By sharing the personal stories of women involved in these efforts, the book shows that through willingness and support, there is hope that women will be continually involved in peace operations. 

%I United Nations Development Fund for Women (UNIFEM) %G eng %U http://www.unwomen.org/en/digital-library/publications/2002/1/women-war-peace-the-independent-experts-assessment-on-the-impact-of-armed-conflict-on-women-and-women-s-role-in-peace-building-progress-of-the-world-s-women-2002-vol-1 %0 Report %D 2002 %T World Report on Violence and Health %E Etienne G. Krug %E Linda L. Dahlberg %E James A. Mercy %E Anthony B. Zwi %E Rafael Lozano %X

http://www.who.int/violence_injury_prevention/violence/world_report/en/

The World Health Organization launched the first World report on violence and health on October 3rd, 2002. Since then, more than 30 governments have organized national launches or policy discussions about the Report, and resolutions endorsing the Report and calling for its implementation have been passed in a number of fora, such as the World Health Assembly, the United Nations High Commission on Human Rights, and the African Union.

The World report on violence and health is the first comprehensive review of the problem of violence on a global scale – what it is, whom it affects and what can be done about it. Three years in the making, the report benefited from the participation of over 160 experts from around the world, receiving both peer-review from scientists and contributions and comments from representatives of all the world’s regions.

%B World Health Organization %I World Health Organization %C Geneva %G eng %U http://www.who.int/violence_injury_prevention/violence/world_report/en/ %0 Government Document %D 2002 %T Rome Statute %X

https://www.icc-cpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be94-0a655eb30e16/0/rome_statute_english.pdf

 

The Rome Statute of the International Criminal Court (often referred to as the International Criminal Court Statute or the Rome Statute) is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002.‪ As of 6 January 2015, 123 states are party to the statute. Among other things, the statute establishes the court's functions, jurisdiction and structure.

%B International Criminal Court %G eng %U https://www.icc-cpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be94-0a655eb30e16/0/rome_statute_english.pdf %0 Report %D 2002 %T War-Related Sexual Violence in Sierra Leone %X

http://physiciansforhumanrights.org/library/reports/war-related-sexual-violence-sierra-leone-2002.html

Sierra Leone’s decade-long conflict of the 1990s and onward was marked by an extraordinary level of brutal human rights abuses, including summary killings, sexual violence against women and girls, abductions, amputations, and the use of child soldiers.

The combined effects of prolonged conflict, pervasive human rights abuses, and massive forced migration in one of the poorest countries in the world, devastated the health and well-being of the Sierra Leonean people. The daunting process of rebuilding and reconciliation in the aftermath of such destruction requires the establishment of an accurate account of the nature and extent of abuses that were committed.

%I Physicians for Human Rights %C Boston %G eng %U http://physiciansforhumanrights.org/library/reports/war-related-sexual-violence-sierra-leone-2002.html?referrer=https://www.google.com/ %0 Government Document %D 2002 %T Recommendation Rec(2002)5 of the Committee of Ministers to member states on the protection of women against violence %X

https://wcd.coe.int/ViewDoc.jsp?id=280915

Recommendation Rec(2002)5 of the Committee of Ministers to member states on the protection of women against violence 1 

(Adopted by the Committee of Ministers on 30 April 2002 at the 794th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

Reaffirming that violence towards women is the result of an imbalance of power between men and women and is leading to serious discrimination against the female sex, both within society and within the family;

Affirming that violence against women both violates and impairs or nullifies the enjoyment of their human rights and fundamental freedoms;

Noting that violence against women constitutes a violation of their physical, psychological and/or sexual integrity;

Noting with concern that women are often subjected to multiple discrimination on ground of their gender as well as their origin, including as victims of traditional or customary practices inconsistent with their human rights and fundamental freedoms.

%B Committee of Ministers, Council of Europe %G eng %U https://wcd.coe.int/ViewDoc.jsp?id=280915 %0 Government Document %D 2002 %T SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution %X

http://evaw-global-database.unwomen.org/en/countries/asia/india/2002/south-asian-association-for-regional-cooperation

In 2002, the South Asian Regional Association for Regional Cooperation (SAARC) signed a Convention on Preventing and Combating Trafficking in Women and Children for Prostitution.

%B South Asian Association for Regional Cooperation %G eng %U http://evaw-global-database.unwomen.org/en/countries/asia/india/2002/south-asian-association-for-regional-cooperation %0 Government Document %D 2002 %T Rome Statute %X

http://legal.un.org/icc/statute/romefra.htm

The Rome Statute of the International Criminal Court (often referred to as the International Criminal Court Statute or the Rome Statute) is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome on 17 July 1998[5][6]and it entered into force on 1 July 2002.[2] As of 6 January 2015, 123 states are party to the statute.[2] Among other things, the statute establishes the court's functions, jurisdiction and structure.

The Rome Statute established four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. Those crimes "shall not be subject to any statute of limitations".[7]Under the Rome Statute, the ICC can only investigate and prosecute the four core international crimes in situations where states are "unable" or "unwilling" to do so themselves. The court has jurisdiction over crimes only if they are committed in the territory of a state party or if they are committed by a national of a state party; an exception to this rule is that the ICC may also have jurisdiction over crimes if its jurisdiction is authorized by the United Nations Security Council.

%B International Criminal Court %G eng %U http://legal.un.org/icc/statute/romefra.htm %0 Report %D 2002 %T Women, War, Peace: The Independent Experts’ Assessment on the Impact of Armed Conflict on Women and Women’s Role in Peace-Building (Progress of the World’s Women 2002, Vol. 1) %X

http://www.unwomen.org/en/digital-library/publications/2002/1/women-war-peace-the-independent-experts-assessment-on-the-impact-of-armed-conflict-on-women-and-women-s-role-in-peace-building-progress-of-the-world-s-women-2002-vol-1

Historically, the world has been silent about the situation of women in war, almost as silent as the women who remain on the sidelines during war or who are excluded from peace negotiations. In addition, women often lack the confidence and the knowledge needed to participate in peace building and reconstruction.

But change is possible. "Women, War and Peace" provides examples of women in embattled regions who have been able to overcome the odds and contribute to the safety and well-being of their communities. Personal stories are shared of women involved in peace efforts.

During the Taliban regime, women in Afghanistan held secret meetings, creating maps of underground home schools and medical help, and dispersed this knowledge with other women. In Sudan, women from opposing ethnic and religious groups joined together to discuss peace; a task that men had not been successful in accomplishing. This consortium of stories reveals that, around the world, much could be accomplished if women had proper support and training. "Women, War and Peace" provides similar recommendations at the end of each chapter so that educators, policy makers or anyone interested in women and peace can understand the steps that would lead to greater progress in the area of peace and conflict resolution.

"Women, War and Peace" covers topics such as peace operations, use of media, reconstruction, health, and prevention. By sharing the personal stories of women involved in these efforts, the book shows that through willingness and support, there is hope that women will be continually involved in peace operations

%B UN Women %I UN Women %G eng %U http://www.unwomen.org/en/digital-library/publications/2002/1/women-war-peace-the-independent-experts-assessment-on-the-impact-of-armed-conflict-on-women-and-women-s-role-in-peace-building-progress-of-the-world-s-women-2002-vol-1 %0 Journal Article %J Sage Publications %D 2001 %T Effects of Intimate Partner Violence Versus Poverty on Women's Health %A Cheryl A Sutherland %A Cris Sullivan %A Deborah Bybee %X

http://vaw.sagepub.com/content/7/10/1122.short

This article investigated whether women's physical health symptoms were due to abuse, poverty, or both. A community sample of 397 women, about half of whom had been assaulted by an intimate partner, were interviewed about their income, experience of physical abuse, and physical health. Hierarchical multiple regression revealed that both income and physical abuse contributed to women's rates of physical health symptoms. Abuse contributed to the variance in physical health beyond that predicted by income level alone. Findings suggest that abuse by an intimate partner or ex-partner negatively affects women's health and is especially detrimental to the health of low-income women.

%B Sage Publications %V 7 %P 1122-1143 %G eng %U http://vaw.sagepub.com/content/7/10/1122.short %N 10 %0 Report %D 2001 %T European Research on the Prevalence of Violence Against Women %A Carol Hagemann-White %X

http://vaw.sagepub.com/content/7/7/732.abstract

*The full article is available through this link. This article may be available free of charge to those with university credentials.

Prevalence estimates play a role in academic and policy analyses of violence against women. The debate on available figures and what they measure has tended toward overgeneralization with too little consideration of differences that might emerge from cross-national or cross-cultural comparison. The present review introduces 11 prevalence studies carried out between 1986 and 1997 in nine European countries, their research goals and methodology, and some salient figures. With a growing understanding of the need for sensitive research and clear definitions, there is regrettable lack of interchange within Europe, impeding comparative analysis. Issues for future research are discussed.

%I Sage Publications %G eng %U http://vaw.sagepub.com/content/7/7/732.abstract %0 Report %D 2001 %T The UN Human Rights Treaty System: Universality at the Crossroads %A Anne Bayefsky %X

http://www.bayefsky.com/tree.php/id/9250

The post of UN High Commissioner for Human Rights was constituted decades after most of the human rights treaties were adopted. Treaty body after treaty body was created, without a relationship to a High Commissioner, and without a relationship to each other. The result has been a burgeoning reporting burden, duplication of procedures, little effort to synchronize substantive outcomes, and rudimentary follow-up processes and responsibilities. In the meantime, treaty body members have struggled to preserve their independent expert status in a highly politicized UN environment, which has populated their numbers with many government surrogates and grossly underfinanced their work.

The reforms envisaged in this Report have assumed that improvements not requiring formal amendment will be more easily accomplished. Hence, the recommendations generally assume a six treaty body regime, and focus primarily on offering concrete suggestions for improvements in working methods of the treaty bodies and procedures at the Office of the High Commissioner for Human Rights (OHCHR). The proposals for bolstering national level partnerships are also made in the context of the current conditions of overlap and a multiplicity of treaty bodies. Follow-up is the key missing component of the implementation regime, and therefore recommendations in this context are developed at some length. While one major reform requiring amendment is ultimately recommended, most of the specific recommendations concerning working methods and OHCHR processes remain relevant to a reorganized treaty regime. 

%G eng %U http://www.bayefsky.com/tree.php/id/9250 %0 Government Document %D 2001 %T Violence in the Americas: A Regional Analysis %X

http://www.oas.org/en/mesecvi/library.asp

Document can be located at the bottom of the web page

As a legally binding instrument, the Convention is unique in that it clearly delineates the state’s obligations to protect women’s right to a life without violence. Article 5 of the Convention states that:

Every woman is entitled to the free and full exercise of her civil, political, economic, social and cultural rights, and may rely on the full protection of those rights as embodied in regional and international instruments on human rights. The States Parties recognize that violence against women prevents and nullifies the exercise of these rights.

Article 7 of the Convention articulates the obligations of States Parties with respect to their role in the protection of women’s right to a life without violence. Specific obligations are listed that flow from the States Parties’ formal undertakings to refrain from committing acts of violence against women; demonstrate due diligence in preventing, investigating, and punishing violence against women; reform existing laws, policies, and administrative practices contributing to violence against women; and ensure that women victims have access to restitution, reparations, and other forms of just and effective remedies. Article 8 of the Convention also specifies that a number of other programs and measures must be adopted to promote public education and awareness, to mobilize communities in the fight against violence against women, and to offer specialized services and assistance to women victims.

The current review focuses on the implementation of the measures and dispositions described in articles 7 and 8 of the Convention. It also considers the efforts that are being deployed, as required by Article 9 of the Convention, to take special account of the vulnerability of women to violence by reason of their age, race, ethnic background, status as immigrants, socioeconomic position, or disabilities, among other factors.

%B Organization of American States %G eng %U http://www.oas.org/en/mesecvi/library.asp %0 Report %D 2001 %T The Role of International Law in the Struggle against Sex-based and Gender-based Violence against Refugee Women %A Maya Steinitz %X

http://reliefweb.int/report/world/role-international-law-struggle-against-sex-based-and-gender-based-violence-against

This document introduces international law and its uses in the prevention of sex-based and gender-based violence against refugee women. For this purpose, it includes discussions on the following: 

- What is international law and which are its sources? 
- Is international law binding? 
- What international legal bodies exist? 
- What constitutes violence against women? 
- What are the primary legal documents securing the rights of refugee women? 
- Other governmental and non-governmental organizations dealing with refugee women

%B ReliefWeb %I Submitted to The International Rescue Committee and The Reproductive Health for Refugees Consortium %G eng %U http://reliefweb.int/report/world/role-international-law-struggle-against-sex-based-and-gender-based-violence-against %0 Government Document %D 2000 %T Security Council Resolution 1325 (2000) - Women in Armed Conflict %X

http://www.un.org/en/sc/documents/resolutions/2000.shtml

S/RES/1325 (2000)

The Security Council adopted resolution (S/RES/1325) on women and peace and security on 31 October 2000. The resolution reaffirms the important role of women in the prevention and resolution of conflicts, peace negotiations, peace-building, peacekeeping, humanitarian response and in post-conflict reconstruction and stresses the importance of their equal participation and full involvement in all efforts for the maintenance and promotion of peace and security. Resolution 1325 urges all actors to increase the participation of women and incorporate gender perspectives in all United Nations peace and security efforts. It also calls on all parties to conflict to take special measures to protect women and girls from gender-based violence, particularly rape and other forms of sexual abuse, in situations of armed conflict. The resolution provides a number of important operational mandates, with implications for Member States and the entities of the United Nations system.

%B United Nations Security Council %G eng %U http://www.un.org/en/sc/documents/resolutions/2000.shtml %0 Book %D 2000 %T Domestic Violence: Women's Way Out %A Elizabeth Shrader %A Monserrat Sagot %X

http://www1.paho.org/english/hdp/hdw/womenswayout.htm

The Regional Program on Women, Health, and Development (HDW) of the Pan American Health Organization (PAHO), with support from Norway and Sweden coordinated the development of the research protocol Domestic Violence: Women's Way Out, in the framework of the HDW Program's subregional project Strengthening and Organization of Women and Coordinated Action between the State and Civil Society at the Local Level to Prevent and Address Family Violence.

%I Pan American Health Organization %G eng %U http://www1.paho.org/english/hdp/hdw/womenswayout.htm %0 Government Document %D 2000 %T Biketawa Declaration %X

http://www.forumsec.org/pages.cfm/political-governance-security/biketawa-declaration/

The Biketawa Declaration (2000) outlines guiding principles for good governance and courses of action for a regional response to crises in the region. 

The Biketawa Declaration also commits Forum members to some key fundamental values including, among others, a “belief in the liberty of the individual under the law, in equal rights for all citizens regardless of gender, race, colour, creed or political belief” and to “upholding democratic processes and institutions which reflect national and local circumstances, including the peaceful transfer of power”.

The Regional Assistance Mission to Solomon Islands (RAMSI, 2003) and the Pacific Regional Assistance to Nauru (PRAN, 2004) are key Pacific Island Forum initiatives sponsored under the auspices of the Biketawa Declaration.

The most recent use of the Biketawa Declaration was on 2nd May 2009, when the Leaders’ Port Moresby Decisions automatically came into force with the imposition of targeted measures against the Fiji military regime.

%B Pacific Islands Forum Secretariat %G eng %U http://www.forumsec.org/pages.cfm/political-governance-security/biketawa-declaration/ %0 Report %D 2000 %T Quantitative Research Findings on Rape in South Africa %X

http://www.statssa.gov.za/?page_id=1854&PPN=Rape

This study provides an overview of available literature on the prevalence and incidence of rape in South Africa, the response of the criminal justice system to such crimes and the characteristics of those who commit rape. There are indeed various studies of rape in South Africa from which rape statistics may be extracted, but none of these studies were specifically designed to measure the prevalence and/or incidence of this crime. These studies, although approached from different perspectives and using diverse methods, come up with roughly similar patterns or trends as summarised below. Prevalence refers to how many cases there are, altogether, at a given point in time, for example, how many people there are in any country on the day of a population census. Incidence, on the other hand,refers to the number of cases over a specified time period, for example, the number of children per 100 000 of the population thatwere born in a given year.

%I Statistics South Africa %G eng %U http://www.statssa.gov.za/?page_id=1854&PPN=Rape %0 Journal Article %J Journal of Consulting and Clinical Psychology %D 1999 %T Reducing violence using community-based advocacy for women with abusive partners %A Cris M Sullivan %A Deborah I Bybee %X

http://www.ncbi.nlm.nih.gov/pubmed/10028208

*The full article is available through this link. This article may be available free of charge to those with university credentials.

An intensive community-based advocacy intervention was designed and evaluated by randomly assigning 278 battered women to an experimental or control condition. Participants were interviewed 6 times over a period of 2 years. Retention rate averaged 95% over the 2 years. The 10-week postshelter intervention involved providing trained advocates to work 1-on-1 with women, helping generate and access the community resources they needed to reduce their risk of future violence from their abusive partners. Women who worked with advocates experienced less violence over time, reported higher quality of life and social support, and had less difficulty obtaining community resources. More than twice as many women receiving advocacy services experienced no violence across the 2 years postintervention compared with women who did not receive such services.

%B Journal of Consulting and Clinical Psychology %V 67 %P 43-53 %G eng %U http://www.ncbi.nlm.nih.gov/pubmed/10028208 %N 1 %0 Government Document %D 1999 %T Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women %X

http://www.ohchr.org/EN/ProfessionalInterest/Pages/OPCEDAW.aspx

In a landmark decision for women, the General Assembly, acting without a vote, adopted on 6 October 1999 a 21-article Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against Women and called on all States parties to the Convention to become party to the new instrument as soon as possible. 

By ratifying the Optional Protocol, a State recognizes the competence of the Committee on the Elimination of Discrimination against Women -- the body that monitors States parties' compliance with the Convention -- to receive and consider complaints from individuals or groups within its jurisdiction.

The Protocol contains two procedures: (1) A communications procedure allows individual women, or groups of women, to submit claims of violations of rights protected under the Convention to the Committee. The Protocol establishes that in order for individual communications to be admitted for consideration by the Committee, a number of criteria must be met, including those domestic remedies must have been exhausted. (2) The Protocol also creates an inquiry procedure enabling the Committee to initiate inquiries into situations of grave or systematic violations of women’s rights. In either case, States must be party to the Convention and the Protocol. The Protocol includes an "opt-out clause", allowing States upon ratification or accession to declare that they do not accept the inquiry procedure. Article 17 of the Protocol explicitly provides that no reservations may be entered to its terms.

The Optional Protocol entered into force on 22 December 2000, following the ratification of the tenth State party to the Convention. The entry into force of the Optional Protocol puts it on an equal footing with International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Racial Discrimination, and the Convention against Torture and other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, which all have communications procedures. The inquiry procedure is the equivalent of that under the Convention against Torture.

%B Office of the High Commissioner for Human Rights %G eng %U http://www.ohchr.org/EN/ProfessionalInterest/Pages/OPCEDAW.aspx %0 Journal Article %J Women's Health %D 1998 %T The long-term effects of battering on women's health. %A Cheryl Sutherland %A Cris M Sullivan %A Deborah I Bybee %X

http://www.ncbi.nlm.nih.gov/pubmed/9520606

*The full article is available through this link. This article may be available free of charge to those with university credentials.

We examined the effects of intimate violence on the physical and psychological health of women over time. Changes in levels of physical and psychological abuse, injuries, physical health symptoms, anxiety, and depression were assessed three times: immediately after exit from a domestic violence program and at 81/2- and 141/2-month follow-ups. Analyses showed a significant decline in abuse, physical health symptoms, anxiety, and depression over time. Longitudinal structural equation modeling demonstrated that ongoing abuse was significantly related to increased physical and psychological health problems from one time period to the next, even when prior levels of physical and psychological health were controlled. Within each time interval, the effects of abuse on physical symptoms appeared to be mediated through anxiety and depression; although this relationship was replicated at several time points, the mediation was not verified across time, probably because measurement intervals were too long to reflect the underlying causal sequence. Although injuries were the direct result of abuse, injuries showed no significant effect on physical symptoms, anxiety, or depression. Implications for intervention and future research are discussed.

%B Women's Health %I Women's Health %V 4 %P 41-70 %G eng %U http://www.ncbi.nlm.nih.gov/pubmed/9520606 %N 1 %0 Journal Article %J Violence and Victims %D 1998 %T "Why don't they just call the cops?": Reasons for differential police contact among women with abusive partners. %A Ruth E Fleury %A Cris M Sullivan %A Deborah I Bybee %A William S Davidson %X

http://www.ncbi.nlm.nih.gov/pubmed/10328442

*The full article is available through this link. This article may be available free of charge to those with university credentials.

Incidents of domestic violence are frequently not reported to police (e.g., Johnson, 1990; Langan & Innes, 1986; Roy, 1977), and people commonly assume that women's reasons for not calling about violence by a current or former partner are intrapersonal (e.g., shame, embarrassment, love). However, few researchers have asked battered women themselves about the frequency of their police contacts and their reasons for not calling the police. In this study, participants were recruited from a battered women's shelter and asked about their experiences with the police over the prior 6 months. Two thirds of the sample had had contact with the police during that time, but most did not have as much contact with the police as they had needed. Women gave multiple reasons for not calling the police; these reasons frequently included situational barriers, such as being physically prevented from using the telephone and/or being threatened with more violence. Only 3% of the sample reported that shame, embarrassment, or love were their sole reasons for not calling the police. Underreporting was related to previous (negative) experience with the police, as well as to the level of violence experienced. The practical implications of these findings are discussed.

%B Violence and Victims %V 13 %P 333-346 %G eng %U http://www.ncbi.nlm.nih.gov/pubmed/10328442 %N 4 %0 Journal Article %J Health Care Women International %D 1995 %T Health effects of experiences of sexual violence for women with abusive partners. %A Kimberly K Eby %A Jacquelyn C Cambell %A Cris M Sullivan %X

http://www.ncbi.nlm.nih.gov/pubmed/8707690

*The full article is available through this link. This article may be available free of charge to those with university credentials.

We assessed the incidence of sexual violence, physical violence, physical health symptoms, gynecological symptoms, and risk behaviors for contracting an STD or HIV infection in women who had used a shelter for women with abusive partners. In addition, we investigated the relationships between sexual violence and the frequency of physical health symptoms, including specific gynecological symptoms. Results indicated that one fourth of the women interviewed had experienced sexual violence and nearly two thirds of the women had experienced physical violence in the past 6 months. The incidence of physical health symptoms, gynecological symptoms, and risk behaviors for exposure to STDs and HIV infection are presented. The correlations among sexual violence, physical violence, and experiences of physical health symptoms are also reported. This study is particularly valuable because previous research has not documented the relationship between sexual violence and physical health symptoms.

%B Health Care Women International %I Health Care for Women International %V 16 %P 563-576 %G eng %U http://www.ncbi.nlm.nih.gov/pubmed/8707690 %N 6 %0 Journal Article %J Psychology of Women Quarterly %D 1995 %T Women Who Use Domestic Violence Shelters:Changes in Depression Over Time %A Rebecca Campbell %A Cris M Sullivan %A William S Davidson %X

http://pwq.sagepub.com/content/19/2/237

*The full article is available through this link. This article may be available free of charge to those with university credentials.

This study examined the levels of depression reported by women who had used a domestic violence shelter. Depressive symptoms were assessed three times: immediately after shelter exit, 10 weeks thereafter, and 6 months later. Whereas 83% of the women reported at least mild depression on the Center for Epidemiological Studies Depression (CES-D) scale upon shelter exit, only 58% were depressed 10 weeks later. This did not change at the 6-month follow-up. An ecological, longitudinal model was evaluated to predict battered women's depression 8 1/2 months postshelter exit. Results of hierarchical regression analyses suggested that, after controlling for previous levels of depression, the women's feelings of powerlessness, experience of abuse, and decreased social support contributed to their depression symptoms. The women's scores on these three variables (feelings of powerlessness, abuse, and social support) at 10 weeks postshelter exit and at 6-month follow-up predicted depression at 6 months. Thus, there were both predictive and concurrent effects for these constructs. Implications for clinical and community interventions are discussed.

%B Psychology of Women Quarterly %V 19 %P 237-255 %G eng %U http://pwq.sagepub.com/content/19/2/237 %N 2 %0 Journal Article %J Harvard Women's Law Journal %D 1995 %T Addressing Gender-Based Violence in an International Context %A Margareth Etienne %X

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=664530

This Article, exploratory in nature, revisits the feasibility of establishing workable international standards for addressing the dehumanizing violence and discrimination that women suffer by virtue of their gender. It concludes that human rights activists and organizations seeking justice for women must not rely on contemporary international law, but must instead focus on local grassroots and watch group institutions that are intimately aware of the abuses faced by women. Part I examines the nature of abuses against women qua women and looks critically at the United Nations' response to these crises. Part II discusses the deficiencies in public international law, namely the United Nations' Charter and the Women's Convention, and the inherent limitations of the framework of international law in addressing the issue of gender-based discrimination. Part III suggests local and regional solutions, particularly the development of extra-legal strategies and institutions to counter more effectively gender-based abuses and to change public attitudes about gender equity. This Article neither attempts nor claims to solve the problem of international human rights for women. It suggests seeking justice for women in an alternative setting: Human rights for women can be attained more fruitfully through localized structures that both prioritize education, control, and management and seek concrete solutions in the struggle against gender bias.

%B Harvard Women's Law Journal %V 18 %P 139 %G eng %U http://papers.ssrn.com/sol3/papers.cfm?abstract_id=664530 %0 Book Section %B Gender and Development %D 1995 %T Violence Against Women: The International Legal Response %A Christine Chinkin %X

http://www.jstor.org/stable/4030511?seq=1#page_scan_tab_contents

*This full article is available through this link. This article may be available free of charge to those with university credentials.

In demanding the right to be free from violence, women are claiming what they are entitled to. Violence against women must be seen as a human-rights issue, and legal instruments created and enforced to guarantee protection for women.

%B Gender and Development %7 2 %V 3 %P 23-28 %G eng %U http://www.jstor.org/stable/4030511?seq=1#page_scan_tab_contents %N 2 %0 Government Document %D 1995 %T Beijing Declaration and Platform for Action (1995) %X

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. 

%B The Fourth World Conference on Women %G eng %U http://www.un.org/womenwatch/daw/beijing/platform/ %0 Government Document %D 1993 %T Declaration on the Elimination of Violence against Women %X

http://research.un.org/en/docs/ga/quick/regular/48

Document can be located under A/RES/48/104

The UN Declaration on the Elimination of Violence against Women was adopted by the United Nations General Assembly in 1993. It covers physical, sexual and psychological violence as well as violence both at home and elsewhere in society.

The definition of violence against women that the UN presents in the Declaration is currently the most widely accepted definition:

‘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.’

The Declaration states three categories of violence against women: violence perpetrated by the State, such as violence against women in custody and as part of warfare; violence occurring within the general community, including rape, sexual harassment, trafficking in women and intimidation at work; and violence in the family and in the private sphere, for example incest and selective abortions).

According to the Declaration, violence against women is rooted in the historically unequal power relations between women and men. It also explains that violence against women is ‘one of the crucial social mechanisms by which women are forced into a subordinate position compared with men.’

The UN member states are therefore urged to legislate against the violence, work preventively and improve the situation of victimised women.

%B United Nations %G eng %U http://research.un.org/en/docs/ga/quick/regular/48 %0 Journal Article %J Violence and Victims %D 1992 %T After the crisis: a needs assessment of women leaving a domestic violence shelter. %A Cris M Sullivan %A Joanna Basta %A Cheribeth Tan %A William S Davidson %X

http://www.ncbi.nlm.nih.gov/pubmed/1294240

*The full article is available through this link. This article may be available free of charge to those with university credentials.

The current study presents the results of a needs assessment of 141 women exiting an emergency shelter for women with abusive partners. Extensive in-person interviews were conducted. Results indicate that battered women need numerous community resources upon their shelter exit, including legal assistance, employment, and housing. Race, age, and whether a woman was returning to her assailant influenced which resources she reported needing at shelter exit. Most of the women had experienced severe abuse and injuries, and required physical protection. Implications of these findings as they relate to program development and integration of social services are discussed.

%B Violence and Victims %V 7 %P 267-275 %G eng %U http://www.ncbi.nlm.nih.gov/pubmed/1294240 %N 3 %0 Government Document %D 1992 %T CEDAW General Recommendation No. 19 - 1992 - Violence Against Women %X

http://www.ohchr.org/EN/HRBodies/CEDAW/Pages/Recommendations.aspx

The Convention in Article 1 defines discrimination against women. The definition of discrimination includes gender-based violence, that is, violence that is directed against a woman because she is a woman or that affects women disproportionately. It includes acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty. Gender-based violence may breach specific provisions of the Convention, regardless of whether those provisions expressly mention violence. 

%B CEDAW %G eng %U http://www.ohchr.org/EN/HRBodies/CEDAW/Pages/Recommendations.aspx %0 Government Document %D 1990 %T CEDAW General Recommendation No. 14 - 1990 - Female Circumcision %X

http://www.ohchr.org/EN/HRBodies/CEDAW/Pages/Recommendations.aspx

The Committee on the Elimination of Discrimination against Women recommends that States parties take appropriate and effective measures with a view to eradicating the practice of female circumcision (FGM) and provides various suggestions for what these activities could be and a requirement to include this in reports. 

%B CEDAW %G eng %U http://www.ohchr.org/EN/HRBodies/CEDAW/Pages/Recommendations.aspx %0 Government Document %D 1990 %T Cairo Declaration on Human Rights %X

http://www1.umn.edu/humanrts/instree/cairodeclaration.html

The Nineteenth Islamic Conference of Foreign Ministers (Session of Peace, Interdependence and Development), held in Cairo, Arab Republic of Egypt, from 9-14 Muharram 1411H (31 July to 5 August 1990),

Having examined the Report of the Meeting of the Committee of Legal Experts held in Tehran from 26 to 28 December, 1989;  Agrees to issue the Cairo Declaration on Human Rights in Islam that will serve as a general guidance for Member States in the Field of human rights.

%B The Nineteenth Islamic Conference of Foreign Ministers %G eng %U http://www1.umn.edu/humanrts/instree/cairodeclaration.html %0 Government Document %D 1989 %T CEDAW General Recommendation No. 12 - 1989 - Violence Against Women %A CEDAW %X

http://www.ohchr.org/EN/HRBodies/CEDAW/Pages/Recommendations.aspx

The Committee on the Elimination of Discrimination against Women recommends to the States parties that they should include in their periodic reports to the Committee information about:

1. The legislation in force to protect women against the incidence of all kinds of violence in everyday life (including sexual violence, abuses in the family, sexual harassment at the work place etc.);

2. Other measures adopted to eradicate this violence;

3. The existence of support services for women who are the victims of aggression or abuses;

4. Statistical data on the incidence of violence of all kinds against women and on women who are the victims of violence. 

%G eng %U Revised, changed link to: http://www.ohchr.org/EN/HRBodies/CEDAW/Pages/Recommendations.aspx %0 Government Document %D 1979 %T CEDAW - Full Text %X

http://www.ohchr.org/EN/ProfessionalInterest/Pages/CEDAW.aspx

On 18 December 1979, the Convention on the Elimination of All Forms of Discrimination against Women was adopted by the United Nations General Assembly. It entered into force as an international treaty on 3 September 1981 after the twentieth country had ratified it. By the tenth anniversary of the Convention in 1989, almost one hundred nations have agreed to be bound by its provisions.

The Convention was the culmination of more than thirty years of work by the United Nations Commission on the Status of Women, a body established in 1946 to monitor the situation of women and to promote women's rights. The Commission's work has been instrumental in bringing to light all the areas in which women are denied equality with men. These efforts for the advancement of women have resulted in several declarations and conventions, of which the Convention on the Elimination of All Forms of Discrimination against Women is the central and most comprehensive document. 

Among the international human rights treaties, the Convention takes an important place in bringing the female half of humanity into the focus of human rights concerns. The spirit of the Convention is rooted in the goals of the United Nations: to reaffirm faith in fundamental human rights, in the dignity, and worth of the human person, in the equal rights of men and women. The present document spells out the meaning of equality and how it can be achieved. In so doing, the Convention establishes not only an international bill of rights for women, but also an agenda for action by countries to guarantee the enjoyment of those rights.

%B Office of the High Commissioner for Human Rights %G eng %U http://www.ohchr.org/EN/ProfessionalInterest/Pages/CEDAW.aspx %0 Report %D 1979 %T AMERICAN CONVENTION ON HUMAN RIGHTS "PACT OF SAN JOSE, COSTA RICA"(B-32) %X

http://www.oas.org/dil/treaties_B-32_American_Convention_on_Human_Rights.htm

Preamble

The American states signatory to the present Convention,

Reaffirming their intention to consolidate in this hemisphere, within the framework of democratic institutions, a system of personal liberty and social justice based on respect for the essential rights of man;

Recognizing that the essential rights of man are not derived from one's being a national of a certain state, but are based upon attributes of the human personality, and that they therefore justify international protection in the form of a convention reinforcing or complementing the protection provided by the domestic law of the American states;

Considering that these principles have been set forth in the Charter of the Organization of American States, in the American Declaration of the Rights and Duties of Man, and in the Universal Declaration of Human Rights, and that they have been reaffirmed and refined in other international instruments, worldwide as well as regional in scope;

Reiterating that, in accordance with the Universal Declaration of Human Rights, the ideal of free men enjoying freedom from fear and want can be achieved only if conditions are created whereby everyone may enjoy his economic, social, and cultural rights, as well as his civil and political rights; and

Considering that the Third Special Inter-American Conference (Buenos Aires, 1967) approved the incorporation into the Charter of the Organization itself of broader standards with respect to economic, social, and educational rights and resolved that an inter-American convention on human rights should determine the structure, competence, and procedure of the organs responsible for these matters, Have agreed upon the following: 

%B Organization of American States %G eng %U http://www.oas.org/dil/treaties_B-32_American_Convention_on_Human_Rights.htm %0 Government Document %D 1978 %T American Convention on Human Rights “Pact of San Jose, Costa Rica” (B-32) %X

http://www.oas.org/dil/treaties_B-32_American_Convention_on_Human_Rights.htm

The American Convention on Human Rights (aka the Pact of San José) is a multilateral treaty that establishes democratic institutions regarding fundamental human rights for countries in the Western Hemisphere. The treaty entered into force on July 18, 1978.

%B Organization of American States %G eng %U http://www.oas.org/dil/treaties_B-32_American_Convention_on_Human_Rights.htm %0 Journal Article %J Organization of American States %D 1969 %T Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women “Convention of Belem do Para” %X

http://www.oas.org/juridico/english/treaties/a-61.html

The Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, known as the Convention of Belém do Pará (where it was adopted in 1994), defines violence against women, establishes that women have the right to live a life free of violence and that violence against women constitutes a violation of human rights and fundamental freedoms. 

It calls for the first time for the establishment of mechanisms for protecting and defending women's rights as essential to combating the phenomenon of violence against women's physical, sexual, and psychological integrity, whether in the public or the private sphere, and for asserting those rights within society.

%B Organization of American States %G eng %U http://www.oas.org/juridico/english/treaties/a-61.html %0 Generic %D 1967 %T Protocol Relating to the Status of Refugees (606 U.N.T.S. 267, entered into force Oct. 4, 1967) %X

http://www1.umn.edu/humanrts/instree/ainstls1.htm

Second document under "Refugees and Asylum"

The origins of the 1967 Protocol relating to the Status of Refugees, which reflected recognition by UNHCR and the States members of its Executive Committee that there was a disjuncture between the universal, unlimited UNHCR Statute and the scope of the 1951 Convention, were quite different from those of the latter. Instead of an international conference under the auspices of the United Nations, the issues were addressed at a colloquium of some thirteen legal experts which met in Bellagio, Italy, from 21 to 28 April 1965. The Colloquium did not favour a complete revision of the 1951 Convention, but opted instead for a Protocol by way of which States parties would agree to apply the relevant provisions of the Convention, but without necessarily becoming party to that treaty. The approach was approved by the UNHCR Executive Committee and the draft Protocol was referred to the Economic and Social Council for transmission to the General Assembly. The General Assembly took note of the Protocol (the General Assembly commonly “takes note” of, rather than adopts or approves, instruments drafted outside the United Nations system), and requested the Secretary-General to transmit the text to States with a view to enabling them to accede (resolution 2198 (XXI) of 16 December 1966). The Protocol required just six ratifications and it duly entered into force on 4 October 1967.

%B United Nations High Commissioner for Refugees %G eng %U http://www1.umn.edu/humanrts/instree/ainstls1.htm %0 Government Document %D 1966 %T International Covenant on Civil & Political Rights %X

http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx

The ICCPR is a key international human rights treaty, providing a range of protections for civil and political rights. The ICCPR, together with the Universal Declaration of Human Rights and the International Covenant on Economic Social and Cultural Rights, are considered the International Bill of Human Rights. The ICCPR obligates countries that have ratified the treaty to protect and preserve basic human rights, such as: the right to life and human dignity; equality before the law; freedom of speech, assembly, and association; religious freedom and privacy; freedom from torture, ill-treatment, and arbitrary detention; gender equality; the right to a fair trial, and; minority rights. The Covenant compels governments to take administrative, judicial, and legislative measures in order to protect the rights enshrined in the treaty and to provide an effective remedy. The Covenant was adopted by the U.N. General Assembly in 1966 and came into force in 1976. As of December 2013, 167 countries have ratified the Covenant.

%B United Nations %G eng %U http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx %0 Generic %D 1951 %T Convention relating to the Status of Refugees (189 U.N.T.S. 150, entered into force April 22, 1954) %X

http://www1.umn.edu/humanrts/instree/ainstls1.htm

First document under "Refugees and Asylum"

The 1951 Convention relating to the Status of Refugees, with just one “amending” and updating Protocol adopted in 1967 (on which, see further below), is the central feature in today’s international regime of refugee protection, and some 144 States (out of a total United Nations membership of 192) have now ratified either one or both of these instruments (as of August 2008). The Convention, which entered into force in 1954, is by far the most widely ratified refugee treaty, and remains central also to the protection activities of the United Nations High Commissioner for Refugees (UNHCR).

In the aftermath of the Second World War, refugees and displaced persons were high on the international agenda. At its first session in 1946, the United Nations General Assembly recognized not only the urgency of the problem, but also the cardinal principle that “no refugees or displaced persons who have finally and definitely ... expressed valid objections to returning to their countries of origin ... shall be compelled to return ...” (resolution 8 (I) of 12 February 1946). The United Nations’ first post-war response was a specialized agency, the International Refugee Organization (IRO, 1946-1952), but notwithstanding its success in providing protection and assistance and facilitating solutions, it was expensive and also caught up in the politics of the Cold War. It was therefore decided to replace it with a temporary, initially non-operational agency, and to complement the new institution with revised treaty provisions on the status of refugees.

%B United Nations %G eng %U http://www1.umn.edu/humanrts/instree/ainstls1.htm %0 Government Document %D 1948 %T American Declaration of the Rights & Duties of Man %X

http://www.cidh.oas.org/Basicos/English/Basic2.american%20Declaration.htm

The American Declaration is the first general international human rights instrument. Approximately eight months following its adoption, the United Nations adopted the Universal Declaration of Human Rights. The American Declaration establishes that "the essential rights of man are not derived from the fact that he is a national of a certain state, but are based upon attributes of his human personality."  Accordingly, the States of the Americas recognize that when the state legislates in this area, it does not create or grant rights, but rather recognizes rights that exist independent of the formation of the State. Both the Commission and the Court have established that despite having been adopted as a declaration and not as a treaty, today the American Declaration constitutes a source of international obligations for the Member States of the OAS.

%B Organization of American States %G eng %U http://www.cidh.oas.org/Basicos/English/Basic2.american%20Declaration.htm