Publications by Type: Government Report

2011
2011 Department of State Trafficking in Persons Country Narratives. US Department of State. 2011. Publisher's VersionAbstract

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.

Kleinsorge T. Legal protection of children from sexual exploitation: The “Lanzarote Convention” and the One in Five campaign. 2011. Publisher's VersionAbstract

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
2010
CEDAW. CEDAW General Recommendation No. 27 - 2010 - On Older women and protection of their human rights. C/GC/27 . 2010. Publisher's VersionAbstract

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. 

CEDAW General Recommendation No. 28 - 2010 - The Core Obligations of State Parties under Article 2 of CEDAW. CEDAW. 2010. Publisher's VersionAbstract

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. 

Family Violence - A National Legal Response (ALRC 114 Summary). Australian Law Reform Commission. 2010. Publisher's VersionAbstract

http://www.alrc.gov.au/publications/family-violence-national-legal-respo...

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.

AICHR Five-Year Work Plan 2010-2015. ASEAN Intergovernmental Commission on Human Rights. 2010. Publisher's VersionAbstract

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.

2009
Submission to the Council of Europe Ad Hoc Committee on Preventing and Combating Violence Against Women and Domestic Violence. International Lesbian, Gay, Bisexual, Trans and Intersex Association. 2009. Publisher's VersionAbstract

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.

ILGA. Submission to the Council of Europe Ad Hoc Committee on Preventing and Combating Violence Against Women and Domestic Violence. 2009. Publisher's VersionAbstract

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.

Trafficking in Persons Report 2009. US Department of State. 2009. Publisher's VersionAbstract

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.

Interpretation of Torture in the Light of the Practice and Jurisprudence of International Bodies. The United Nations Voluntary Fund for Victims of Torture. 2009. Publisher's VersionAbstract

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. 

Terms of Reference of ASEAN Intergovernmental Commission on Human Rights. ASEAN. 2009. Publisher's VersionAbstract

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): 

Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Explanatory Report). Council of Europe. 2009. Publisher's VersionAbstract

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.

2008
Final Activity Report: Task Force to Combat Violence against Women, including Domestic Violence (EG-TFV). Council of Europe. 2008. Publisher's VersionAbstract

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. 

Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. United Nations. 2008. Publisher's VersionAbstract

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.  

Security Council Resolution 1820 (2008) - Women & Sexual Violence. United Nations Security Council. 2008. Publisher's VersionAbstract

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.

CEDAW. CEDAW General Comments on General Recommendations. 2008. Publisher's VersionAbstract

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.

CEDAW. CEDAW General Recommendation No. 26 - 2008 - On Women Migrant Workers. C/2009/WP.1/R . 2008. Publisher's VersionAbstract

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.

Human Rights Treaty Bodies - General Comments. UN Secretariat. 2008. Publisher's VersionAbstract

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.

Council of Europe Task Force to Combat VAW. Gender Equality and Anti-Trafficking Division, Council of Europe. 2008. Publisher's VersionAbstract

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. 

2007
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. Organization of American States. 2007. Publisher's VersionAbstract

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.

Pages