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Special Rapporteur on VAW: Cultural Practices in the family that are violent towards women

UN Special Rapporteur on violence against women, its causes and consequences

Thematic Report

The universal standards of human rights are often denied full operation when it comes to the rights of women. Throughout the world, there are practices in the family that are violent towards women and harmful to their health.
Young girls are circumcised, live under severe dress codes, are given in prostitution, denied property rights and killed for the sake of honour in the family. This report documents a number of cultural practices which violate women’s human rights to bodily integrity and to expression, as well as undermining essential values of equality and dignity. These practices and many others constitute a form of domestic violence but have avoided national and international scrutiny because they are seen as cultural practices that deserve tolerance and respect.
Cultural relativism is often used as an excuse to permit inhumane and discriminatory practices against women in the community, despite clear provisions in many human rights instruments, including the Convention on the Elimination of All Forms of Discrimination against Women, in accordance with which States parties shall take all appropriate measures to modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women (art.5).
The Special Rapporteur provides extensive empirical evidence of the various types of cultural practice in the family found in different parts of the world that are violent towards women. All cultures have certain practices that deny women their rights and dignity. The Special Rapporteur records evidence of such practices in the hope that States will take immediate action to help eradicate those that are violent towards women.

Betraying women: Provider duty to report

The longstanding provider-patient confidentiality relationship is quietly eroding as an alarming number of medical staff across Latin America are reporting women and girls to the police for having abortions.

Many countries now require, protect or encourage medical providers to breach their confidentiality duties when they treat women seeking postabortion care. This publication covers the three main ways health-care providers are compelled to breach confidentiality, based on the varying Latin American laws governing provider obligations on the issue of abortion. It also details how such laws impact both providers and women, and lists the many international bodies, declarations, consensus documents, etc. that establish standards for protecting patient confidentiality. Finally, the publication provides recommendations for international human rights bodies, governments and health-care professionals to protect women’s right to confidentiality as well as providers’ ethical obligation to uphold that right.

The Istanbul Convention

The Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) is a Council of Europe convention against violence against women and domestic violence which was opened for signature on 11 May 2011, in Istanbul, Turkey.

The convention aims at prevention of violence, victim protection and “to end with the impunity of perpetrators”. As of November 2015, it had been signed by 39 countries.   The Istanbul Convention is based on the understanding that violence against women is a form of gender-based violence that is committed against women because they are women. It is the obligation of the state to fully address it in all its forms and to take measures to prevent violence against women, protect its victims and prosecute the perpetrators. Failure to do so would make it the responsibility of the state. The convention leaves no doubt: there can be no real equality between women and men if women experience gender-based violence on a large-scale and state agencies and institutions turn a blind eye.

Anti-Rights Views: Common Declaration of the Bishops of Africa and Madagascar

The Common Declaration of the Bishops of Africa and Madagascar is a statement issued by 45 Catholic bishops from 40 African countries in June 2015, in the lead up to the New­ York Summit for the adoption of a Post-2015 Global Development Agenda.

The declaration is addressed to African Heads of State, the Secretary General of the United Nations, the officials of pan-African institutions and of International Organizations, partners in global governance and development donors, and “the sons and daughters of [their] beloved African continent”.  It attacks advocates of sexual and reproductive health and rights as “the agents of the civilization of death”, and suggests that they are part of a wealthy “transnational ‘reproductive rights’ lobby”, which is trying to control the growth of African populations.

 “The billions of dollars allotted to the production and distribution of condoms and contraceptives and to the establishment of sex-education programs that do not respect universal moral norms are a scandal that cries to heaven for vengeance, a new slavery at the service of the idol “money.”

The declaration manipulates both anti-colonial and anti-capitalist discourses to argue against contraception and abortion:

“We, African Pastors, do not want Africans to be reduced to “servile partners.” This is a new type of slavery! We want the dignity of our people to be respected. No! Africa is not a great potential market for the pharmaceutical industry of contraceptives and condoms.”

“…we observe with profound pain that our pan-African institutions have been, since their creation, under the yoke of neo-colonizing lobbies. In 2003, these lobbies made the newly formed African Union adopt the Protocol to the African Charter on Human Rights and Peoples’ Rights on the Rights of Women in Africa, the first international treaty to shamefully recognize abortion as a right of women.”

Disregarding long histories of African women’s struggles for rights, and the ongoing efforts of African advocates for women’s rights, including sexual and reproductive rights, the statement claims that such ideas are only the agenda of “the West” and makes fallacious claims about a homogenous “African culture”.

“Selfish and perverse interests are imposing themselves on our continent with a speed that keeps on accelerating, with unabated aggressiveness, in an ever more organized and powerfully financed manner, introducing individualism and hedonism, both of which are so foreign to what we are and want to be, into our societies.”

“By what right do western NGOs, who only represent their own ideological interests, claim to legally bind African states to their world vision?”

Commission on Human Rights resolution 2000/85 Rights of the Child

Adopted 27 April 2000

68th meeting

I. IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD

II. PROTECTION AND PROMOTION OF RIGHTS OF CHILDREN

III. NON-DISCRIMINATION

IV. PROTECTION AND PROMOTION OF THE RIGHTS OF CHILDREN IN PARTICULARLY VULNERABLE SITUATIONS

V. PREVENTION AND ERADICATION OF THE SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY

VI. PROTECTION OF CHILDREN AFFECTED BY ARMED CONFLICT

VII. RECOVERY AND SOCIAL REINTEGRATION

Challenging Religious Fundamentalisms in Bolivia

The Inclusion of Sexual and Reproductive Rights in the Constitution

by Teresa Lanza Monje, Católicas por el Derecho a Decidir-Bolivia (Catholics for the Right to Decide-Bolivia)

The historic process of recreating the Bolivian government, which began in 2006 with the assumption of power of the first indigenous president of the country (and of Latin America), Evo Morales, was a unique opportunity to review the role of the Catholic church in the country and its influence on government. In this case study, Católicas por el Derecho a Decidir-Bolivia (CDD-Bolivia) explains the history of the state- Catholic church relationship in Bolivia and then describes the process that brought about the inclusion of sexual and reproductive rights (SRR) in the new Constitution, as well as provisions that guarantee the separation of church and state. One of the most interesting aspects of this process was how feminists inserted themselves in this process of re-crafting Bolivian institutions and used this historic moment to place limits on the negative influence of the Catholic church on public policies affecting health and SRR. Another important component was the wide and dynamic framework of alliances with other social movements— especially the youth, sexual diversity and indigenous women’s movements—knitted together by feminists. These alliances were one of the main factors contributing to the success of this strategy.

This resource is one part of AWID’s 2010 series of 18 Case studies, Feminists on the Frontline: Case Studies of Resisting and Challenging Fundamentalisms 

 

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted in 1979 by the UN General Assembly, is often described as an international bill of rights for women.  Consisting of a preamble and 30 articles, it defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination.

The Convention defines discrimination against women as “…any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.”

By accepting the Convention, States commit themselves to undertake a series of measures to end discrimination against women in all forms, including:

  • to incorporate the principle of equality of men and women in their legal system, abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination against women;
  • to establish tribunals and other public institutions to ensure the effective protection of women against discrimination; and
  • to ensure elimination of all acts of discrimination against women by persons, organizations or enterprises.

 The Convention provides the basis for realizing equality between women and men through ensuring women’s equal access to, and equal opportunities in, political and public life — including the right to vote and to stand for election — as well as education, health and employment.  States parties agree to take all appropriate measures, including legislation and temporary special measures, so that women can enjoy all their human rights and fundamental freedoms.

The Convention is the only human rights treaty which affirms the reproductive rights of women and targets culture and tradition as influential forces shaping gender roles and family relations.  It affirms women’s rights to acquire, change or retain their nationality and the nationality of their children.  States parties also agree to take appropriate measures against all forms of traffic in women and exploitation of women.

Countries that have ratified or acceded to the Convention are legally bound to put its provisions into practice.  They are also committed to submit national reports, at least every four years, on measures they have taken to comply with their treaty obligations.

Overview originally published by UN Women

The Role of the United Nations in Combating Discrimination and Violence against Individuals Based on Sexual Orientation and Gender Identity

Programmatic Overview

25 November 2015

This paper provides a snapshot of the work of a number of United Nations entities in combatting discrimination and violence based on sexual orientation and gender identity, and related work in support of lesbian, gay, bisexual, transgender (LGBT) and intersex communities around the world. It has been prepared by the Office of the UN High Commissioner for Human Rights on the basis of inputs provided by relevant UN entities, and is not intended to be either exhaustive or detailed. Given the evolving nature of UN work in this field, it is likely to benefit from regular updating1 . The final section, below, includes a Contact List of focal points in each UN entity, as well as links and references to documents, reports and other materials that can be consulted for further information.

Repeal criminal adultery laws: statement by UN Experts

UN Working Group on discrimination against women in law and in practice

The UN Working Group on Discrimination against women in law and in practice has issued a call to Governments to repeal laws criminalizing adultery. The Working Group notes that the enforcement of such laws leads to discrimination and violence against women in law and in practice.

Criminal law definitions of adultery may be ostensibly gender neutral and prohibit adultery by both men and women. However, closer analysis reveals that the criminalization of adultery is both in concept and practice overwhelmingly directed against women and girls. Taking as a primary basis the previous work of the UN Secretary-General, OHCHR special rapporteurs and the treaty bodies, the Working-Group has analysed the concept of adultery, discriminatory legislation on adultery, discriminatory punishment for adultery and the way in which the classification of adultery as criminal provides impunity for violence against women.

See also “Joint Statement by the United Nations Working Group on discrimination against women in law and in practice” of 18 October 2012, available at http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12672&LangID=E