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STATEMENT BY PROF. YAKIN ERTÜRK SPECIAL RAPPORTEUR ON VIOLENCE AGAINST WOMEN, ITS CAUSES AND CONSEQUENCES
20 March 2007
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20 March 2007
Mr. President, distinguished delegates, representatives of the United Nations and the NGO community. It is with great pleasure that I address the fourth session of the Human Rights Council.
Thematic report on the intersection between Culture and Violence against Women
I would like to start by presenting some of the key findings from my main annual report (A/HRC/4/34), which I have dedicated to the theme of intersections between culture and violence against women. Culture based discourses, used to justify or explain violence against women, tend to reduce the phenomenon to a cultural problem thereby resulting in a deviation from the more general concerns for women’s rights, empowerment and equality.
My starting point in questioning such approaches is that gender inequality is one of the common elements of history across all cultures and civilizations. Although in many parts of the world significant degrees of deviation from the universal norm of gender equality have been achieved, no country or society has fully established equality between women and men. Consequently, violence against women, which is embedded in gender inequality, remains a universal phenomenon.
It is important to underline the universality of violence against women and its socio-historical causes, because we are increasingly observing the strengthening of cultural relativist claims over women’s lives as well as a worrying trend towards singling out certain types of violence and essentializing certain cultures as the source of the problem. The former undermines the universally agreed human rights standards, in particular the principle that States should not invoke any custom, tradition or religious consideration to avoid any of their obligations with respect to the elimination of violence against women. The latter compartmentalizes women’s rights on the basis of a superficial division between “traditional” and “modern” cultures.
The implications of such discourses are obviously alarming for all women and jeopardise the possibility of a joint and concerted effort to eliminate all forms of discrimination against women.
Cultural discourses with respect to women’s rights are typically based on several myths. These myths serve to protect the interests of those who monopolize the right to speak on behalf of culture. Local culture is presented and / or perceived as a static, homogenous and singularly legitimate set of values and norms upheld by a collective entity and all its individual members. In reality, we know that culture evolves as a response to different and competing individual and collective needs and aspirations, which makes it diverse, dynamic and ever-changing.
The myths around cultural paradigms privilege dominant representations of culture while denying space for voices in the community that advocate alternative interpretations. They also cloud over the material basis of life that underpins cultural claims, thus overlooking the political and economic conditions that sustain the violation of women’s rights. Consequently, these myths need to be identified and challenged if we are to move forward in the international human rights agenda in general and the elimination of violence against women in particular.
Allow me to add, Mr. President that essentializing cultures ignores the agency of women around the world who actively contribute to the betterment of women’s lives and that of their societies. We have to jointly and firmly reject all oppressive practices that are justified and condoned in the name of culture if we want to successfully ensure respect for cultural diversity and the universal human rights culture on a sustainable basis.
Country Visits in 2006
Mr. President,
In the course of 2006, I conducted country missions to Turkey, Sweden and Netherlands. Today, I would like to present an overview of the findings from each of these missions. I also would like to use this opportunity to thank the Governments of these countries for their cooperation and hospitality during my visit. I am particularly pleased to report that each mission has generated a positive dialogue, at both governmental and non-governmental levels, and the findings of my reports have been reflected, in varying degrees, in the respective local media.
Turkey
In May 2006, I visited three provinces in the Eastern and Southeastern region of Turkey in order to investigate media reports about suspicious rises in the number of suicides among women in this part of the country. In particular, it was claimed that many of these suicides could have been instances of ‘honour’ related murder and forced suicides.
First of all, I must start by underlying that suicide rates in Turkey in general and the region in particular are well below world averages. What is particular about the suicides in the region is that contrary to world average more women than men are committing suicide.
The honour (namus) ideology, which is perceived to be an integral component of custom (töre) in the Eastern and Southeastern regions; serves to reproduce the rigid control exercised over women and their sexuality. Töre obliges the family to ensure that the code of honour is observed by its members. Transgressions of that code are very often seen as “stains” on the entire family and must be cleansed, if necessary by murder. The reformed criminal code, adopted in 2005, prescribes mandatory life sentences for crimes committed in the name of töre, which has led some to speculate that ‘honour’ murders are now manifesting as forced suicides. On the basis of my observations, I have concluded that there are reasonable grounds to assume that some of the suicide cases of women may in fact be disguised murders or forced suicides.
More empirical research needs to be undertaken to fully understand the link between violence against women and non-forced suicides of women. However, the existence of such a link seems evident for the provinces examined. In the absence of adequate state protection, suicide may sometimes have appeared to be the only option for women living under rigid patriarchal oppression and the human rights violations that go along with it.
I would like to acknowledge with appreciation the letter dated 9 March 2007 from the Government of the Republic of Turkey providing follow up information to my mission. I welcome the fact that violence against women, including ‘honour’ related violence, has been identified as a priority human rights violation. The measures taken since my mission towards the implementation of the Prime Minister’s Circular from July 2006 to Combat Violence against Women are commendable.
It is also encouraging that violence against women is included in the 9th Development Plan (2007-2012) as a development issue, which will enable the State to tackle the much needed improvement of the basic development indicators for women, such as literacy, employment, political participation, among others. Currently, these constitute a major constraint to women’s enjoyment of their rights as citizens, ability to negotiate the terms of their existence and find redress for their problems.
I would also like to highlight that the urgent challenge confronting the Government today is the creation of a centrally coordinated system of adequately protected safe houses for women at risk of violence.
The Netherlands
During my visit to The Netherlands, which took place in July 2006, I focused especially on the domestic/intimate partner violence, situation of immigrant, asylum seeking and refugee women, and violence in the context of prostitution.
Even though the significant progress in the emancipation of women in the Netherlands has been achieved over the last decades, gender inequality still affects native Dutch women and is visible, for instance, with regard to labour market participation patterns, gender wage gaps and representation in decision making positions.
Domestic violence committed by a current or former male intimate partner remains the most prevalent form of violence against women in the Netherlands. The Dutch Government is committed to address the issue and has implemented many positive measures. Unfortunately, the effectiveness of these measures is undermined by a tendency to address different forms of violence against women, including domestic violence, in a gender neutral legal framework.
The socio-economic position of women with a foreign background is substantially worse than that of native Dutch women as revealed by unemployment, poverty, and social exclusion and welfare dependency levels. In this context, the Government has introduced a number of initiatives that aim to protect women with a foreign background, especially Muslim women, from gender based discrimination and violence. At the same time, however, the specific vulnerabilities of foreign women with a non-permanent residence status have only been partially addressed. Furthermore, policy interventions on problems faced by women with a foreign background seem to be dominated by a cultural approach without sufficiently placing the issue in the wider context of gender inequality and immigrant status.
There are about 20,000 women in prostitution in the Netherlands. Since October 2000, the operation of brothels and the organisation of prostitution have been formally legalized and are subject to regulation. However, despite the regulation, a zero tolerance policy towards exploitation and sophisticated law enforcement operations against trafficking, women in prostitution still face violence, especially since a grey sex sector continues to escape monitoring and regulation. These evolving and less known forms of prostitution are said to include the luring and trafficking of minors from centres for rejected asylum seekers. Furthermore, insufficient attention has so far been paid to enhancing the capacity and ability of women in prostitution to effectively protect themselves and their interests in the sex sector.
I would like to use the opportunity to thank the Foreign Minister of The Netherlands, Mr. Maxime Verhagen, for having welcomed all of my findings, whether supportive or critical, and for having assured this Council that his Government will take them to heart. I am particularly encouraged to hear that the Government is taking my assessment very seriously that its approach to domestic violence is not gender sensitive enough and that the Government will follow-up on my observations. I look forward to continuing this positive and constructive dialogue with the Government of the Netherlands.
Sweden
In June 2006, I visited Sweden where gender equality is a highly valued principle for the society at large. Public discourse and public policy in this regard are firmly established within an equal opportunity framework, which has led to impressive advances towards the achievement of equality between men and women in the public sphere, although challenges remain. For example, while women are overrepresented in the service sector, part-time and low paid jobs, they remain underrepresented in senior management positions in private business and in some important public institutions such as the police and armed forces.
While the equal opportunity agenda has paved the way for significant advances in the public representation of women, it was not effective in addressing the deeply rooted unequal power relations between women and men which underlie the continuation of significant levels of violence against women. Intimate partner violence and the ongoing rise in sexual violence are matters of special concern. The determined efforts of Swedish women, quality research and political commitment to the issue have given violence against women visibility and the public policy attention it deserves.
Overall, the penal framework addressing violence against women is excellent, but low prosecution and conviction rates are indicative of the need for further improvements in its implementation.
Some deficiencies in protecting women exposed to violence remain, including for women with special needs, such as women with drug or alcohol problems and physically or mentally disabled women. Bearing in mind that Sweden has a decentralized system of Government, a number of municipalities clearly have to raise the standards of their prevention and protection policies and practices with respect to women facing violence.
In this regard, I am very encouraged to hear that the Swedish Parliament will next month consider amendments to the Social Services Act in order to further strengthen the protection of women. I strongly hope that the legislation will introduce binding and concrete obligations for municipalities to protect women facing violence. In this regard, I have recommended in my report that individual women at risk of violence should have a legally enforceable claim against the competent local municipality to have their case comprehensively assessed, and to receive all adequate protection and support, including access to a safe and adequate shelter place.
Sweden does not penalize women in prostitution. However, the buying of sex as well as pimping are criminal offences, regardless of the consent of the women involved. Government institutions consider that the policy has successfully reduced the number of women in prostitution and made Sweden a less attractive destination country for the trafficking of women from abroad. At the same time, however, the vulnerabilities for local women who remain in prostitution, especially women addicted to hard drugs, appear to have increased. A comprehensive and independent study of the policy has yet to be concluded.
I am very pleased to note that Swedish media has given significant coverage to the findings in my report. Many civil society organisations are also actively following up on my findings and recommendations, in order to assure that the public debate at national and local levels in Sweden continues to focus on these issues.
Country Visits in 2007
In January of this year, I conducted a fact-finding mission in Algeria. I would like to express my gratitude to the Government of Algeria for their cooperation in the preparation and conduct of the visit. I am still analysing the information I have collected during the course of my mission and envisage to report on the mission in my next interaction with this Council.
I am also glad to report that I have received an invitation from the Government of Zimbabwe to carry out a visit in the summer of this year, which I have accepted. I have asked the Government to visit the country in June or July 2007.
In addition, I have requested to visit Ghana and Saudi Arabia and renewed the expression of my interest to visit the Democratic Republic of Congo.
Follow-up Information to Previous Missions
I would also like to use the opportunity to provide follow-up information on my visit to Mexico, on which I reported during my last interactive dialogue with this Council. I welcome the fact that the National Government enacted a new law in February 2007 that foresees a range of positive and concrete measures on federal, state and local levels to prevent and combat violence against women. I hope that the law will be thoroughly implemented so that it can make a positive contribution towards ending impunity for violence against women in Mexico, regardless where and by whom the violence is committed.
Conclusion
Mr. President,
The mandate of the Special Rapporteur on violence against women was created in the wake of the Vienna Summit on Human Rights, which affirmed that women’s rights are human rights, and with reference to the United Nations Declaration on the Elimination of Violence against Women. It is the only mandate exclusively dedicated to women and this focus ensures that the specificities of violence against women, which differs in many ways from other human rights violations, can be adequately identified and analysed. The Commission also had the foresight to craft the mandate to deal with causes and consequences of the problem, so that violence against women is not addressed in isolation but with due regard to the wider questions relating to women’s status.
Having the privilege of holding this mandate now in my 4th year, I am glad to report that I have enjoyed the necessary independence and support to effectively discharge my mandate. I hope that the Council will strengthen the violence against women mandate as well as all of the other mandates of the Special Procedures to ensure an enhanced and effective protection of human rights around the world.
I would like to thank you for your attention and look forward, Mr. President, to a constructive dialogue with the distinguished members of this Council.
Mr. President, distinguished delegates, representatives of the United Nations and the NGO community. It is with great pleasure that I address the fourth session of the Human Rights Council.
Thematic report on the intersection between Culture and Violence against Women
I would like to start by presenting some of the key findings from my main annual report (A/HRC/4/34), which I have dedicated to the theme of intersections between culture and violence against women. Culture based discourses, used to justify or explain violence against women, tend to reduce the phenomenon to a cultural problem thereby resulting in a deviation from the more general concerns for women’s rights, empowerment and equality.
My starting point in questioning such approaches is that gender inequality is one of the common elements of history across all cultures and civilizations. Although in many parts of the world significant degrees of deviation from the universal norm of gender equality have been achieved, no country or society has fully established equality between women and men. Consequently, violence against women, which is embedded in gender inequality, remains a universal phenomenon.
It is important to underline the universality of violence against women and its socio-historical causes, because we are increasingly observing the strengthening of cultural relativist claims over women’s lives as well as a worrying trend towards singling out certain types of violence and essentializing certain cultures as the source of the problem. The former undermines the universally agreed human rights standards, in particular the principle that States should not invoke any custom, tradition or religious consideration to avoid any of their obligations with respect to the elimination of violence against women. The latter compartmentalizes women’s rights on the basis of a superficial division between “traditional” and “modern” cultures.
The implications of such discourses are obviously alarming for all women and jeopardise the possibility of a joint and concerted effort to eliminate all forms of discrimination against women.
Cultural discourses with respect to women’s rights are typically based on several myths. These myths serve to protect the interests of those who monopolize the right to speak on behalf of culture. Local culture is presented and / or perceived as a static, homogenous and singularly legitimate set of values and norms upheld by a collective entity and all its individual members. In reality, we know that culture evolves as a response to different and competing individual and collective needs and aspirations, which makes it diverse, dynamic and ever-changing.
The myths around cultural paradigms privilege dominant representations of culture while denying space for voices in the community that advocate alternative interpretations. They also cloud over the material basis of life that underpins cultural claims, thus overlooking the political and economic conditions that sustain the violation of women’s rights. Consequently, these myths need to be identified and challenged if we are to move forward in the international human rights agenda in general and the elimination of violence against women in particular.
Allow me to add, Mr. President that essentializing cultures ignores the agency of women around the world who actively contribute to the betterment of women’s lives and that of their societies. We have to jointly and firmly reject all oppressive practices that are justified and condoned in the name of culture if we want to successfully ensure respect for cultural diversity and the universal human rights culture on a sustainable basis.
Country Visits in 2006
Mr. President,
In the course of 2006, I conducted country missions to Turkey, Sweden and Netherlands. Today, I would like to present an overview of the findings from each of these missions. I also would like to use this opportunity to thank the Governments of these countries for their cooperation and hospitality during my visit. I am particularly pleased to report that each mission has generated a positive dialogue, at both governmental and non-governmental levels, and the findings of my reports have been reflected, in varying degrees, in the respective local media.
Turkey
In May 2006, I visited three provinces in the Eastern and Southeastern region of Turkey in order to investigate media reports about suspicious rises in the number of suicides among women in this part of the country. In particular, it was claimed that many of these suicides could have been instances of ‘honour’ related murder and forced suicides.
First of all, I must start by underlying that suicide rates in Turkey in general and the region in particular are well below world averages. What is particular about the suicides in the region is that contrary to world average more women than men are committing suicide.
The honour (namus) ideology, which is perceived to be an integral component of custom (töre) in the Eastern and Southeastern regions; serves to reproduce the rigid control exercised over women and their sexuality. Töre obliges the family to ensure that the code of honour is observed by its members. Transgressions of that code are very often seen as “stains” on the entire family and must be cleansed, if necessary by murder. The reformed criminal code, adopted in 2005, prescribes mandatory life sentences for crimes committed in the name of töre, which has led some to speculate that ‘honour’ murders are now manifesting as forced suicides. On the basis of my observations, I have concluded that there are reasonable grounds to assume that some of the suicide cases of women may in fact be disguised murders or forced suicides.
More empirical research needs to be undertaken to fully understand the link between violence against women and non-forced suicides of women. However, the existence of such a link seems evident for the provinces examined. In the absence of adequate state protection, suicide may sometimes have appeared to be the only option for women living under rigid patriarchal oppression and the human rights violations that go along with it.
I would like to acknowledge with appreciation the letter dated 9 March 2007 from the Government of the Republic of Turkey providing follow up information to my mission. I welcome the fact that violence against women, including ‘honour’ related violence, has been identified as a priority human rights violation. The measures taken since my mission towards the implementation of the Prime Minister’s Circular from July 2006 to Combat Violence against Women are commendable.
It is also encouraging that violence against women is included in the 9th Development Plan (2007-2012) as a development issue, which will enable the State to tackle the much needed improvement of the basic development indicators for women, such as literacy, employment, political participation, among others. Currently, these constitute a major constraint to women’s enjoyment of their rights as citizens, ability to negotiate the terms of their existence and find redress for their problems.
I would also like to highlight that the urgent challenge confronting the Government today is the creation of a centrally coordinated system of adequately protected safe houses for women at risk of violence.
The Netherlands
During my visit to The Netherlands, which took place in July 2006, I focused especially on the domestic/intimate partner violence, situation of immigrant, asylum seeking and refugee women, and violence in the context of prostitution.
Even though the significant progress in the emancipation of women in the Netherlands has been achieved over the last decades, gender inequality still affects native Dutch women and is visible, for instance, with regard to labour market participation patterns, gender wage gaps and representation in decision making positions.
Domestic violence committed by a current or former male intimate partner remains the most prevalent form of violence against women in the Netherlands. The Dutch Government is committed to address the issue and has implemented many positive measures. Unfortunately, the effectiveness of these measures is undermined by a tendency to address different forms of violence against women, including domestic violence, in a gender neutral legal framework.
The socio-economic position of women with a foreign background is substantially worse than that of native Dutch women as revealed by unemployment, poverty, and social exclusion and welfare dependency levels. In this context, the Government has introduced a number of initiatives that aim to protect women with a foreign background, especially Muslim women, from gender based discrimination and violence. At the same time, however, the specific vulnerabilities of foreign women with a non-permanent residence status have only been partially addressed. Furthermore, policy interventions on problems faced by women with a foreign background seem to be dominated by a cultural approach without sufficiently placing the issue in the wider context of gender inequality and immigrant status.
There are about 20,000 women in prostitution in the Netherlands. Since October 2000, the operation of brothels and the organisation of prostitution have been formally legalized and are subject to regulation. However, despite the regulation, a zero tolerance policy towards exploitation and sophisticated law enforcement operations against trafficking, women in prostitution still face violence, especially since a grey sex sector continues to escape monitoring and regulation. These evolving and less known forms of prostitution are said to include the luring and trafficking of minors from centres for rejected asylum seekers. Furthermore, insufficient attention has so far been paid to enhancing the capacity and ability of women in prostitution to effectively protect themselves and their interests in the sex sector.
I would like to use the opportunity to thank the Foreign Minister of The Netherlands, Mr. Maxime Verhagen, for having welcomed all of my findings, whether supportive or critical, and for having assured this Council that his Government will take them to heart. I am particularly encouraged to hear that the Government is taking my assessment very seriously that its approach to domestic violence is not gender sensitive enough and that the Government will follow-up on my observations. I look forward to continuing this positive and constructive dialogue with the Government of the Netherlands.
Sweden
In June 2006, I visited Sweden where gender equality is a highly valued principle for the society at large. Public discourse and public policy in this regard are firmly established within an equal opportunity framework, which has led to impressive advances towards the achievement of equality between men and women in the public sphere, although challenges remain. For example, while women are overrepresented in the service sector, part-time and low paid jobs, they remain underrepresented in senior management positions in private business and in some important public institutions such as the police and armed forces.
While the equal opportunity agenda has paved the way for significant advances in the public representation of women, it was not effective in addressing the deeply rooted unequal power relations between women and men which underlie the continuation of significant levels of violence against women. Intimate partner violence and the ongoing rise in sexual violence are matters of special concern. The determined efforts of Swedish women, quality research and political commitment to the issue have given violence against women visibility and the public policy attention it deserves.
Overall, the penal framework addressing violence against women is excellent, but low prosecution and conviction rates are indicative of the need for further improvements in its implementation.
Some deficiencies in protecting women exposed to violence remain, including for women with special needs, such as women with drug or alcohol problems and physically or mentally disabled women. Bearing in mind that Sweden has a decentralized system of Government, a number of municipalities clearly have to raise the standards of their prevention and protection policies and practices with respect to women facing violence.
In this regard, I am very encouraged to hear that the Swedish Parliament will next month consider amendments to the Social Services Act in order to further strengthen the protection of women. I strongly hope that the legislation will introduce binding and concrete obligations for municipalities to protect women facing violence. In this regard, I have recommended in my report that individual women at risk of violence should have a legally enforceable claim against the competent local municipality to have their case comprehensively assessed, and to receive all adequate protection and support, including access to a safe and adequate shelter place.
Sweden does not penalize women in prostitution. However, the buying of sex as well as pimping are criminal offences, regardless of the consent of the women involved. Government institutions consider that the policy has successfully reduced the number of women in prostitution and made Sweden a less attractive destination country for the trafficking of women from abroad. At the same time, however, the vulnerabilities for local women who remain in prostitution, especially women addicted to hard drugs, appear to have increased. A comprehensive and independent study of the policy has yet to be concluded.
I am very pleased to note that Swedish media has given significant coverage to the findings in my report. Many civil society organisations are also actively following up on my findings and recommendations, in order to assure that the public debate at national and local levels in Sweden continues to focus on these issues.
Country Visits in 2007
In January of this year, I conducted a fact-finding mission in Algeria. I would like to express my gratitude to the Government of Algeria for their cooperation in the preparation and conduct of the visit. I am still analysing the information I have collected during the course of my mission and envisage to report on the mission in my next interaction with this Council.
I am also glad to report that I have received an invitation from the Government of Zimbabwe to carry out a visit in the summer of this year, which I have accepted. I have asked the Government to visit the country in June or July 2007.
In addition, I have requested to visit Ghana and Saudi Arabia and renewed the expression of my interest to visit the Democratic Republic of Congo.
Follow-up Information to Previous Missions
I would also like to use the opportunity to provide follow-up information on my visit to Mexico, on which I reported during my last interactive dialogue with this Council. I welcome the fact that the National Government enacted a new law in February 2007 that foresees a range of positive and concrete measures on federal, state and local levels to prevent and combat violence against women. I hope that the law will be thoroughly implemented so that it can make a positive contribution towards ending impunity for violence against women in Mexico, regardless where and by whom the violence is committed.
Conclusion
Mr. President,
The mandate of the Special Rapporteur on violence against women was created in the wake of the Vienna Summit on Human Rights, which affirmed that women’s rights are human rights, and with reference to the United Nations Declaration on the Elimination of Violence against Women. It is the only mandate exclusively dedicated to women and this focus ensures that the specificities of violence against women, which differs in many ways from other human rights violations, can be adequately identified and analysed. The Commission also had the foresight to craft the mandate to deal with causes and consequences of the problem, so that violence against women is not addressed in isolation but with due regard to the wider questions relating to women’s status.
Having the privilege of holding this mandate now in my 4th year, I am glad to report that I have enjoyed the necessary independence and support to effectively discharge my mandate. I hope that the Council will strengthen the violence against women mandate as well as all of the other mandates of the Special Procedures to ensure an enhanced and effective protection of human rights around the world.
I would like to thank you for your attention and look forward, Mr. President, to a constructive dialogue with the distinguished members of this Council.