Publications by Year: 2010

2010
Kiribati Family Health And Support Study A Study On Violence Against Women And Children. Secretariat of the Pacific Community; 2010. Publisher's VersionAbstract

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

  • estimate the prevalence of physical, sexual and emotional violence against women, with particular emphasis on violence by intimate partners

  • assess the association of partner violence with a range of health outcomes

  • identify factors that may either protect or put women at risk of partner violence

  • document the strategies and services that women use to cope with violence by an intimate partner;

  • assess the association of partner violence with abuse against children

 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.

 

Violence Against Women In Africa: A Situational Analysis. UNESCA and ACGS; 2010. Publisher's VersionAbstract

http://www.nuhanovicfoundation.org/en/reports-6/uneca-and-acgs-violence-...

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.

Kennedy AC, Bybee D, Greeson M, Sullivan CM. The impact of family and community violence on children's depression trajectories: examining the interactions of violence exposure, family social support, and gender. Journal of Family Psychology [Internet]. 2010;24 (2) :197-207. Publisher's VersionAbstract

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.

Deacon Z, Sullivan C. An ecological examination of rural mozambican women's attainment of postwar wellbeing. Journal of Community Psychology [Internet]. 2010;38 (1) :115-130. Publisher's VersionAbstract

http://onlinelibrary.wiley.com/doi/10.1002/jcop.20355/abstract;jsessioni...

*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.

Campbell R, Sprague HB, Cottrill S, Sullivan CM. Longitudinal Research With Sexual Assault Survivors: A Methodological Review. Journal of Interpersonal Violence [Internet]. 2010;26 (3) :433-461. Publisher's VersionAbstract

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%).

Manjoo R. Report of the Special Rapporteur on violence against women, its causes and consequences, Rashida Manjoo - Follow up Mission to El Salvador. United Nations Human Rights, Office of the High Commissioner for Human Rights; 2010. Publisher's VersionAbstract

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. 

Fríes L, Hurtado V. Estudio de la información sobre la violencia contra la mujer en América Latina y el Caribe. Santiago de Chile: CEPAL - Comisión Económica para América Latina y el Caribe; 2010 pp. 57. Publisher's VersionAbstract

http://www.cepal.org/es/publicaciones/5826-estudio-de-la-informacion-sob...

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.

Intimate Partner Violence and Sexual Violence in Alaska - Key Results from the 2010 Alaska Victimization Survey. University of Alaska Anchorage - Justice Center; 2010. Publisher's VersionAbstract

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:

  • About 59% of adult women in Alaska have experienced intimate partner violence, sexual violence or both, in their lifetime;
  • Nearly 12% have experienced intimate partner violence, sexual violence or both, in the past year; 
  • About 37% of adult women in the Alaska have experienced sexual violence in their lifetime; and 
  • About 48% have experienced intimate partner violence in their lifetime.
Women, Peace and Security: Canada Moves Forward to Increase Women's Engagement. Standing Senate Committee on Human Rights; 2010. Publisher's VersionAbstract

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.

Children in Indonesia: Child Trafficking. UNICEF; 2010. Publisher's VersionAbstract

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. 

European Convention on Human Rights. Council of Europe; 2010. Publisher's VersionAbstract

http://www.echr.coe.int/Pages/home.aspx?p=basictexts&c=#n1359128122487_p...

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.

A practical guide to the UN Universal Periodic Review (UPR). Urban Justice Center; 2010. Publisher's VersionAbstract

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. 

Hasselbacher L. State Obligations Regarding Domestic Violence: The European Court of Human Rights, Due Diligence, And International Legal Minimums of Protection. Northwestern Journal of International Human Rights [Internet]. 2010;8 (2). Publisher's VersionAbstract

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.

Towards a Europe Free from All Forms of Male Violence against Women. European Women's Lobby; 2010. Publisher's VersionAbstract

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.

Killander M. Interpreting Regional Human Rights Treaties. Social Science Research Network [Internet]. 2010;(13) :145-169. Publisher's VersionAbstract

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.

Barrow A. UN Security Council Resolutions 1325 and 1820: constructing gender in armed conflict and international humanitarian law. International Review of the Red Cross [Internet]. 2010;92 (877) :221-234. Publisher's VersionAbstract

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.

Case of A. v. Croatia. European Court of Human Rights; 2010. Publisher's VersionAbstract

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.

Case of Rantsev v. Cyprus and Russia. European Court of Human Rights; 2010. Publisher's VersionAbstract

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.

Manjoo R. 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. United Nations Human Rights, Office of the High Commissioner for Human Rights; 2010. Publisher's VersionAbstract

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.

Manjoo R. Report of the Special Rapporteur on violence against women, its causes and consequences, Rashida Manjoo, Addendum, Communications to and from Governments - 2 June 2010. United Nations, Office of the High Commissioner for Human Rights; 2010. Publisher's VersionAbstract

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.

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