international law and the issue of violence against women vidya sri carr center for human rights...
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International Law and the Issue of Violence against Women
Vidya SriCarr Center for Human Rights Policy Fellow
Initiative on Violence against Women
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VAW – the term
• A violation of human rights as established in international law. (The Political Economy of VAW, True)
• The term allowed activists to attract allies and bridge cultural differences. (Activists Beyond Borders, Keck & Sikkink).
• A Political/Legal Framework.• A form of systemic discrimination.• Affects women disproportionately. (Cedaw Committee)
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VAW - Context
• Armed conflicts/post conflict• Post humanitarian crises/Natural disasters• Women’s political participation levels• Social/economic equality levels• Economic policies/Trade liberalization• Financial crises
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VAW – Economic Costs
• Direct costs to criminal justice, health, employment, social welfare systems.
• Australia, 2009, VAW cost was $13.6 billion per annum.
• The UK, 2004, more than 550 Euros per resident per annum.
• Fiji, 2004, cost of DV calculated at $300 million per annum or 7% of gross national product.
• Opportunity cost of not accessing economic opportunities and livelihoods.
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VAW – Economic Costs
• Managua, Nicaragua study: DV survivors earned 57% of income of unaffected colleagues.
• Bolivian rural org: had to address DV as part of the development work.
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VAW Prevalence
• GBV is the leading cause of death of women between ages 19 and 44.(Johnson et al.2008)
• Worldwide, up to 50 percent of sexual assaults are committed against girls under 16.
• Number of U.S. states where rapists who impregnate their victim maintain parental rights: 31.
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VAW Prevalence
• In Europe, North America and Australia, over half of women with disabilities have experienced physical abuse, compared to one-third of non-disabled women.
• Number of women living in nations where domestic violence is not a crime: 603 million.
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International Landscape
• UDHR: Universal Declaration of Human Rights.
• CEDAW: The 1979 Convention on the Elimination of All Forms of Discrimination Against Women.
• CEDAW Recommendation 12 and 19.
• The Rome Statute.• UN Security Council
Resolutions: 1325, 1820, 1888, 1889.
• 1993 Declaration on the Elimination of Violence Against Women.
• 1995 Beijing Platform for Action.
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Cedaw Framework
• The starting point for delivery of justice for women.
• Positive impact on ratio of girls to boys in school.
• Access to modern contraception.• EEOL in Japan – enabled mobilization.• Need conditions of mobilization/litigation.
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Regional Landscape
• 1994 Belem• 2003 Maputo• 2011 Istanbul
• Due Diligence and access to justice through a gender lens
• A State can be found liable for an illegal act, even when it is not an act perpetrated by the State, because of a failure to prevent or respond.
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Belem do Para: Inter-American Convention
Organization of American States (Latin America, Caribbean ,U.S., Canada):1. 34 Member States.2. 32 States Ratified.3. 2012, @40%
implemented.
• Consistent NGO advocacy.
• OAS Reporting.• Data Collection.
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Maputo Protocol - Africa
African Union:1. 53 member countries2. 46 countries signed3. 31 countries ratified4. 1 country has
implemented.5. 0 VAW cases decided
by the African Court.
• Religious/cultural opposition
• Impunity• Conflict
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Istanbul Convention– Europe
Council of Europe:1. 10th state ratified last
week.2. Enters into force
August 1, 2014.
• Definition of gender as a social construct.
• Consultative process.• Requires criminalization
of forced marriage.
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Due Diligence Framework
• A tool for rights holders to hold states accountable.• An individual-level responsibility, i.e., the
responsibility of States to provide each victim with effective measures of prevention, protection, punishment and reparation.
• A systemic-level responsibility, i.e. the responsibility of States to create effective systems that address the root causes and consequences of violence against women.
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Due Diligence Outcomes
• Cedaw contains no specific provision pertaining to a State's responsibility to act with due diligence to eliminate VAW – GR 12,19, 28.
• 1993 Declaration on the Elimination of Violence Against Women incorporates state responsibility to act within a due diligence standard in public & private.
• The Beijing Declaration and Platform for Action has a list of due diligence steps to be taken by States.
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Due Diligence Outcomes
• General acceptance of a State obligation, though exact content of the obligation remains unclear.
• Special Rapporteur call for information on the extent to which States are fulfilling their responsibility to act with due diligence to eliminate violence against women.
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UN Special Rapporteur on VAW
• Most Member States have acknowledged that violence against women is the most prevalent human rights violation facing countries.
• This acknowledgement has not led to the adoption of necessary solutions that are coherent and sustainable, and which would lead to elimination of all forms of violence against all women.
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Active Learning Exercise
• Your region/country perspective on a new mechanism to address VAW.
• Identify a “rapporteur” to report back on the regional issues uncovered in your discussion.