All Publications

2013
Swajaya N. ASEAN Day Panel Discussion - Presentation of Amb. I Gede Ngurah Swajaya, in Panel Discussion on the ASEAN Community Building. Jakarta, Indonesia ; 2013. Publisher's VersionAbstract

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.

ASEAN Declaration on Strengthening Social Protection. Association of South East Asian Nations [Internet]. 2013. Publisher's VersionAbstract

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.

Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women. 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); 2013. Publisher's VersionAbstract

http://www.unwomen.org/en/digital-library/publications/2013/5/breaking-t...

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. 

The Declaration on the Elimination of Violence Against Women and Elimination of Violence Against Children in ASEAN. Association of Southeast Asian Nations [Internet]. 2013. Publisher's VersionAbstract

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

Haugli H. Tackling discrimination on the grounds of sexual orientation and gender identity. [Internet]. 2013. Publisher's VersionAbstract

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.

Qureshi S. The Emergence/Extention of Due Diligence Standard to Assess the State Response towards Violence against Women/Domestic Violence. An International Journal of South Asian Studies [Internet]. 2013;28 (1) :55-66. Publisher's VersionAbstract

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. 

Rosche D. Ending Violence Against Women, The case for a comprehensive international action plan.; 2013. Publisher's VersionAbstract

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.

Padilla CR. Asia Pacific Roundtable: International and Regional Standard setting to eliminate Violence Against Women 2013, in Asia Pacific Roundtable. Bali, Indonesia ; 2013.Abstract

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.

asia_pacific_roundtable_international_and_regional_standard_setting_to_eliminate_vaw_2013-by_clara_rita_padilla.pdf
2012
for and the of Women UNEGEE. Virtual Knowledge Centre to end Violence Against Women and Girls. [Internet]. 2012. Publisher's VersionAbstract

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.

Tchaïcha JD, Arfaoui K. Tunisian women in the twenty-first century: past achievements and present uncertainties in the wake of the Jasmine Revolution. The Journal of North African Studies [Internet]. 2012;17 (2) :215-238. Publisher's VersionAbstract

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.

Guanzon RAV. Legal and Conceptual Framework of Battered Woman Syndrome as a Defence. Philippine Law Journal . 2012;86.Abstract

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.

 

legal_and_conceptual_framework_of_battered_woman_syndrome_as_a_defense_guanzon.pdf
A Closer Look At Forced And Early Marriage In African Immigrant Communities In New York City. Sauti Yetu Center for African Women and Families; 2012. Publisher's VersionAbstract

http://www.girlsnotbrides.org/reports-and-publications/forced-early-marr...

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.

Rivera EA, Zeoli AM, Sullivan CM. Abused Mothers’ Safety Concerns and Court Mediators’ Custody Recommendations. Journal of Family Violence [Internet]. 2012;27 (4) :321-332. Publisher's VersionAbstract

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.

Kubiak SP, Nnawulezi N, Karim N, Beeble ML, Sullivan CM. Examining Disclosure of Physical and Sexual Victimization by Method in Samples of Women Involved in the Criminal Justice System. Journal of Offender Rehabilitation [Internet]. 2012;51 (3) :161-175. Publisher's VersionAbstract

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.

Allen NE, Larsen S, Trotter J, Sullivan CM. Exploring The Core Service Delivery Processes Of An Evidence-Based Community Advocacy Program For Women With Abusive Partners. Journal of Community Psychology [Internet]. 2012;41 (1) :1-18. Publisher's VersionAbstract

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.

Adams AE, Tolman RM, Bybee DI, Sullivan CM, Kennedy AC. The Impact of Intimate Partner Violence on Low-Income Women’s Economic Well-Being:The Mediating Role of Job Stability. Violence Against Women [Internet]. 2012;18 (12) :1345-1367. Publisher's VersionAbstract

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.

Adams A, Bybee D, Kubiak SP, Kennedy AC, Sullivan CM, Campbell R. 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. American Journal of Community Psychology [Internet]. 2012;50 (1-2) :217-28. Publisher's VersionAbstract

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.

Rivera EA, Sullivan CM, Zeoli AM. Secondary Victimization of Abused Mothers by Family Court Mediators. Feminist Criminology [Internet]. 2012;7 (3) :234-252. Publisher's VersionAbstract

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.

de Machado MRA, Rodriguez JR, Prol FM, da Silva GJ, Ganzarolli MZ, do Elias RV. Law Enforcement at Issue: Constitutionality of Maria da Penha Law in Brazilian Courts. 916th ed. SUR - International Journal on Human Rights; 2012 pp. 61-83. Publisher's VersionAbstract

http://www.conectas.org/en/actions/sur-journal/issue/16/531-disputando-a...

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.

Poland to sign European convention combating violence against women.; 2012. Publisher's VersionAbstract

http://www.thenews.pl/1/10/Artykul/120471,Poland-to-sign-European-conven...

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.

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