Publications by Year: 2012

2012
For a Better Life: Migrant Worker Abuse in Bahrain and the Government Reform Agenda. Human Rights Watch; 2012. Publisher's VersionAbstract

https://www.hrw.org/report/2012/09/30/better-life/migrant-worker-abuse-b...

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.

Lonely Servitude: Child Domestic Labor in Morocco. Human Rights Watch; 2012. Publisher's VersionAbstract

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

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.

Komsan NA. The Year 2012:The Massive “Going Out” of the Egyptian Women. Egyptian Center for Women's Rights; 2012. Publisher's VersionAbstract

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.

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

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

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

Manjoo R. Report of the Special Rapporteur on violence against women, its causes and consequences: Mission to Italy. Office of the High Commissioner for Human Rights; 2012. Publisher's VersionAbstract

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.

Acharya AK. The Trafficking of Women in Mexico: Case of the State of Nuevo León. A Legal Framework to Combat it. Universidad del Zulia; 2012. Publisher's VersionAbstract

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.

Denney L, Ibrahim AF. Violence against women in Sierra Leone: How women seek redress. Overseas Development Institute; 2012. Publisher's VersionAbstract

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

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.  

2012 Department of State Trafficking in Persons Country Narratives. US Department of State [Internet]. 2012. Publisher's VersionAbstract

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?

Supplement to the Handbook for Legislation on Violence against Women, "Harmful Practices" Against Women. United Nations Entity for Gender Equality and the Empowerment of Women; 2012. Publisher's VersionAbstract

http://www.unwomen.org/en/digital-library/publications/2012/12/handbook-...

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.

 

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

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

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

Grape M. The Role of Faith Based Organisations in a Strategy to Eliminate Violence Against Women and Girls. [Internet]. 2012. Publisher's VersionAbstract

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.

Case of Irene Wilson v. the U.K. European Court of Human Rights; 2012. Publisher's VersionAbstract

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.

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

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

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

Understanding and Addressing Violence Against Women Overview. World Health Organization; 2012. Publisher's VersionAbstract

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.

Australian study tour report - Visit of the UN Special Rapporteur on violence against women. Australian Human Rights Commission; 2012. Publisher's VersionAbstract

https://www.humanrights.gov.au/our-work/sex-discrimination/publications/...


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.

Case of Kalucza v. Hungary. European Court of Human Rights; 2012. Publisher's VersionAbstract

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. 

Case of M and Others v. Italy and Bulgaria. European Court of Human Rights; 2012. Publisher's VersionAbstract

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.

Case of P and S v. Poland. European Court of Human Rights; 2012. Publisher's VersionAbstract

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.

Case of P.M. v. Bulgaria. European Court of Human Rights; 2012. Publisher's VersionAbstract

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.

Human Rights in the Pacific - Country Outlines 2012. United Nations High Commissioner for Human Rights; 2012. Publisher's VersionAbstract

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.

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