Statement of the UN Deputy High Commissioner for Human Rights at the Gender-related killings of women

New York, 8 March 2013

Excellencies, Ladies and Gentlemen,

I am very pleased to join you today to discuss the most extreme manifestation of gender-based discrimination: the killing of women because they are women. This being one of my last official functions, I am very honoured to share the podium with the Special Rapporteur, Rashida Manjoo, and also the Executive Director of UNWomen, Mrs. Michele Bachlet, who is spearheading the efforts to steer the discussions around CSW toward a successful outcome.

As the Special Rapporteur pointed out, according to international law, any act of violence perpetrated in the private or public sphere, whether by state or non-state actors, invokes the due diligence obligations of States to prevent, investigate, prosecute and punish such acts and ensure compensation.

I am going to focus my remarks on the obligation to ensure judicial accountability for perpetrators of gender-motivated killings. Specifically, I will use the experience of OHCHR in the Latin American region to draw some general lessons on the subject.

The Situation in the Latin American Region

In 2008, the Committee of Experts of the mechanism to follow-up on the implementation of the Convention of Belém do Pará adopted the Declaration on Femicide. The Declaration defines femicide as “the violent death of women based on gender, whether it occurs in the family, a domestic partnership, or any other interpersonal relationship; in the community, by any person or when it is perpetrated by the state or its agents, by action or omission”.

Although comprehensive national data is often not available, figures suggest a worrying increase of femicide in several Latin American and Caribbean countries. According to a 2012 report by the organization Small Arms Survey, more than half of the 25 countries with very high femicide rates are in the Americas: 4 in the Caribbean, 4 in Central America, and 6 in South America. In 2011, 675 women were killed in Guatemala and 647 in El Salvador. Femicide is considered the second leading cause of death of women of reproductive age in Honduras. These killings are frequently perpetrated with cruelty and brutality.

Some reports indicate a 77% rate of impunity for femicide in El Salvador and Honduras. Impunity rates are very high in all countries of the region. The already mentioned “Declaration on Femicide” notes that limited or non-existent access to justice and prevalent impunity are among the causes that influence the rise in the number of deaths.

The Inter-American Court and Commission have found that cultural notions and beliefs about the inferiority of women create a culture of discrimination within law enforcement and judicial institutions, resulting in negligent investigations and a lack of sanction for perpetrators.

The Special Rapporteur on violence against women of the Inter-American System has stressed that several factors collude to undermine proper investigation of cases involving gender-based violence. The institutions conducting the investigations are hampered by unwarranted delays, and gaps and irregularities in the investigative procedures thwart the prosecution of such cases and the eventual punishment of the crimes committed. Deficiencies include the failure to take evidence that is key to ascertaining the identity of the guilty parties; emphasis on physical evidence and testimony to the exclusion of evidence of other types; the prejudice of investigators and judges, who attach little credibility attached to the victims’ claims; and the improper treatment of women victims and members of their families when they endeavour to cooperate in the investigation of the facts.

Steps to address impunity

Due to the particular gravity of the phenomenon, the Latin American region has been in the forefront of elaborating legal, judicial and political responses to “femicide”. OHCHR has assisted the adoption of relevant legal frameworks and efforts to strengthen investigations and judicial responses.

As of today, Chile, Costa Rica, El Salvador, Guatemala, Nicaragua, Peru and several States of Mexico have legislated specifically on femicide. OHCHR has supported the development of special laws on violence against women, including femicide, in El Salvador and in Bolivia. The latter was just passed by parliament. In Mexico, in 2009, our Office there issued a publication on femicide providing guidance as to the development of related legislation.

Of the 7 countries with specific legislation in the region, 4 have developed specific manuals for the investigation of femicide and other countries are in the process of developing similar tools. In 2011, the OHCHR Regional Office in Panama supported the elaboration of the Protocol for the investigation of feminicide in El Salvador. The Protocol promotes the application of criminal investigation techniques aimed at assessing and analyzing the gender motive of a killing. It offers guidance for the collection of adequate evidence, protection and maintenance of the custody chain, and integrates a gender analysis into the criminal procedures to demonstrate the offence and to establish responsibilities. The Protocol was validated by the Technical Specialized Unit of the justice sector and approved by the Attorney General.

A similar tool for the Latin America region is currently being developed jointly by OHCHR, UN Women, the Spanish Federation of Human Rights Associations, and the University Carlos III of Madrid. The development of the regional protocol has benefitted from a number of expert consultations that brought together police officers, prosecutors, judges, defence lawyers, forensic experts and civil society organizations from the region. The protocol will be validated by the end of 2013.

Steps have also been undertaken to strengthen judicial responses to femicide. Femicide tribunals have been created in Guatemala. Our office in the country is monitoring the decisions of these tribunals and providing them with technical assistance, including training of judges on international standards and principles regarding women’s rights. In the Dominican Republic, OHCHR is undertaking an analysis of current judicial decisions regarding killings of women with a view to identifying possible obstacles to adequate judicial responses.

Conclusions and recommendations

Ladies and Gentlemen,

A number of lessons and conclusions can be drawn from the work in Latin America:

• In order to fight impunity for gender-motivated killings, an adequate legal framework must be in place. While some argue that gender-motivated killings are often covered by existing crimes, including aggravated homicide, others have pointed out that neutral legislation tend to be implemented at the disadvantage of women. Also, the existence of specific legislation on different forms of gender-motivated killings has been indicated as necessary to ensure the development of specific and objective standards of investigations.

• An adequate legal framework criminalizing different forms of gender-motivated killings must be accompanied by a comprehensive review of legislation to repeal all discriminatory provisions. According to a review undertaken by our Regional Office in Panama in 2012, all the states that have legislation on femicide continue to have in their legislation mitigating factors that can be interpreted or implemented in ways that discriminate against women. They still included such notions as “passion” and “violent emotion”, and “unjust act”.

• The legal framework on violence against women should integrate prevention and protection measures for victims, witnesses and their families, allowing for victims participation in the criminal process, and providing for gender-sensitive investigation mechanisms. In general terms, a national debate, involving inter alia justice practitioners, women organizations and victims associations is instrumental to identify existing gaps and necessary legislative reforms.

• An adequate legal framework will not suffice if the laws are not known and applied by the institutions responsible for the investigations. Gender-specific aspects must be taken into account in formulating hypothesis, in analysing the crime scenes and in identifying necessary expert evidence. Investigations of violence against women, including gender-motivated killings, can require proof of the context of violence, subordination, or misogyny. To obtain this, it is crucial not to limit investigations to physical evidence and testimonies, but to seek appropriate psychological and other scientific evidence. There may be typical signs of previous physical violence that can only be evidenced by targeted autopsy exams. Also, a gender-informed psychological profile of victims and perpetrators can help overcome wrong assumptions, for example that the lack of reaction or resistance by the victim would indicate that there was no history of violence.

• Specialized manuals and trainings can strengthen capacities to undertake gender-sensitive investigations and in general facilitate an objective, impartial and non-discriminatory implementation of relevant norms. They also provide tools to hold public officials accountable to their obligation to act with due diligence. Participation of all actors in the justice chain, as well as of civil society organizations and women’s groups in the development of tools to guide the investigations, is a crucial step to ensure that existing capacity gaps are properly identified and addressed.

• Even if the narrative of facts is presented clearly, interpretation by judges can be influenced by gender stereotypes and biases, leading to discrediting of victims and evidence and resulting in inadequate sentences or even total impunity. Strengthening the capacity of the judiciary, through training and the development of specific tools is also essential. OHCHR is following with interest the developments in the Dominican Republic, El Salvador, Guatemala and other countries of the region with a view to identifying successful strategies in this regard.

Ladies and gentlemen,

Addressing impunity is crucial to send a message to societies that violence against women is a crime that will not be tolerated. OHCHR remains committed to working with all partners to support efforts in this direction.

Thank you.