上午/下午

2013年6月5日

讨论聚焦暴力侵害妇女问题、发现解决该问题的有效方法以及设定今后的优先事项

人权理事会今日举行了关于妇女人权的年度全天讨论及两场小组讨论，一场小组讨论关注暴力侵害妇女的各个方面和发现解决该问题的有效方式，另一场小组讨论关注设置今后的优先事项和增强人权理事会与其他政府间组织的工作能力以及在暴力侵害妇女领域取得的进展。

联合国人权事务高级专员纳维·皮莱在开场发言中表示，在20世纪90年代之前，暴力侵害妇女主要被视为一个私人问题，而非值得国际社会关注的人权问题。真正的转折点是1993年的《维也纳宣言和行动纲领》，它规定暴力侵害妇女是应该得到全球关注的问题。在随后的几年中，各国政府解决暴力侵害妇女问题的义务被编入法律以及国际和区域条约。然而，暴力侵害妇女的普遍程度仍无法令人接受。在系统而全面地介入以解决暴力和不平等问题上缺少真正的承诺以及适足的资源，这是关键问题。

暴力侵害妇女、其原因及后果问题特别报告员兼讨论主持人拉希达·曼朱在“暴力侵害妇女及发现有效解决方法”小组讨论的开始阶段表示，解决暴力侵害妇女这一人权问题上存在重大挑战，讨论将帮助反思这些挑战。

第一场小组讨论的成员有：消除对妇女歧视委员会的成员Patricia Schulz，来自联合国妇女署的埃塞俄比亚代表、非洲联盟代表兼联合国非洲经济委员会代表Florence Butegwa，澳大利亚人权委员会高级政策研究员、作家和性别刻板印象问题专家Simone Cusack，埃及性别平等问题监察员Fatma Khafagy、秘书长的男性领导人网络成员、预防家庭暴力基金高级项目主任Juan Carlos Areán。

消除对妇女歧视委员会成员Patricia Schulz表示，委员会坚持将妇女纳入所有领域的决策过程，以此对抗暴力侵害妇女和女童。委员会就强奸问题提出了具体的推论，委员会的意见有助于讨论合适的立法和实用建议。Schulz女士表示，委员会的影响力正在增加，公约提供了消除对妇女歧视的最佳整体方法。法律框架和监察机制已经到位，唯一缺少的要素是资源。

来自联合国妇女署的埃塞俄比亚代表、非洲联盟代表兼联合国非洲经济委员会代表Florence Butegwa表示，非洲出现了一些积极进展，尤其是立法方面，而公约显著为立法带来积极的进展。其他积极进展包括：通过了消除暴力侵害妇女的国家行动计划，就此问题更频繁的公开讨论，提升对有关问题的意识，来自妇女的更高质量的报告。然而，仍有许多难题。

澳大利亚人权委员会高级政策研究员、作家和性别刻板印象问题专家Simone Cusack表示，性别刻板印象助长了暴力侵害妇女，并在妇女受到性侵犯的案件中影响到如何伸张正义。法律标准十分重要，它们应该具有约束性的，规定刻板印象非法，并能提供一系列标准使各国衡量其进展。解决性别刻板印象问题和改善对于国家在此方面的责任的理解，是对抗暴力侵害妇女的关键要素。

埃及性别平等问题监察员Fatma Khafagy表示，妇女生殖器切割已在许多国家实行了几个世纪。与宗教领袖沟通，制定将该行为定罪的法律，将男性纳入对抗妇女生殖器切割的抗争，均对制止这一做法做出贡献。国家立法在很多国家对荣誉罪的实施者有罪不罚，但非政府组织在不少案例中协助带来了刑法典的改革。去除宗教或传统理由的神秘性和利用国际文书均对该领域的进展做出贡献。

秘书长的男性领导人网络成员、预防家庭暴力基金高级项目主任Juan Carlos Areán表示，政策和法律十分重要，但如何落实仍是一大问题。有时，男性再现了主导性和等级制度模式，而这正是我们对抗的事物。作为一名男性，他工作的一部分就是挑战其他男性。对抗男性的民间社会运动已在许多国家兴起。说服男性，使其对抗父系制度和性别刻板印象，是对抗暴力侵害妇女的关键。

在随后的讨论中，代表团强调了他们为对抗暴力侵害妇女而采取的一些措施。发言人表示，暴力侵害妇女是对人权的公然侵犯，并以多种形式出现，不论是在发展中国家还是发达国家。一些发言人强调，所有相关行为者必须参与对抗暴力侵害妇女和女童的战役。有效的法律和机构框架十分重要，而落实和监督也至关重要。为妇女赋权和对抗性别刻板印象是预防家庭暴力等暴力侵害妇女行为、以及促进民主与发展的重点。 

在第一场讨论中发言的有：代表拉丁美洲和加勒比国家集团的智利，立陶宛、加拿大、南非、巴西、爱沙尼亚、代表北欧国家的挪威、伊朗、塞拉利昂、美国、希腊、欧盟、 卡塔尔、塞内加尔、代表阿拉伯集团的阿尔及利亚、马尔代夫、斯洛文尼亚、英国、冰岛、克罗地亚、马来西亚、波兰、瑞士、澳大利亚、奥地利、俄罗斯联邦、沙特阿拉伯、阿根廷和印度尼西亚。

以下国家人权机构和非政府组织也作了发言：加拿大人权委员会、南风发展协会、国际罐头业常设委员会、少数群体组织、法国丹尼尔·密特朗自由基金会和国际人道与伦理联合会。

第二场小组讨论关注在暴力侵害妇女领域中设置今后的优先事项和增强人权理事会与其他政府间组织的工作能力以及取得的进展。

人权事务副高级专员弗拉维亚·潘谢里在开场发言中表示，通过维也纳公约以来已取得许多进展，但前方仍有许多工作要做。辩论现在将关注人权理事会、联合国系统和其他政府间进程各个机制间的联系。人权理事会为提炼法律条文和程序提供了帮助，增加了暴力侵害妇女问题的可视度，在强调“私人暴力行为是公共问题”方面起到关键作用。然而，具体国家的任务授权存在落实和整体上缺少对妇女权利关注等问题。通过将性别歧视和暴力侵害妇女列为各个机制以及特别程序的议程，可以补救这一问题。

第二场小组讨论的成员有：秘书长冲突中性暴力问题特别代表扎伊娜卜·班古拉，联合国妇女署政府间支助司司长Patience Stephens，联合国毒品和犯罪问题办事处副执行主任Sandeep Chawla和加拿大温尼伯大学全球学院国际妇女权利研究所的Marilou McPhedran。

秘书长冲突中性暴力问题特别代表扎伊娜卜·班古拉表示，冲突中的性暴力仍然是一种对妇女的最恶劣形式的歧视。态度和对抗受害者污名化的根本转变必须从社区内进行，且必须包括所有成员，特别是有发言权的记者或教师等人。只有当妇女权利被充分理解为人权，在冲突中对抗性暴力才能取得成功。

联合国妇女署政府间支助司司长Patience Stephens表示，今天的辩论是“号召责任”，因为妇女权利是人权的根本。各国认识到新方法解决暴力侵害妇女问题的复杂性。向前展望，暴力侵害妇女并非一个单一问题，而是社会弊病的复杂表现，该问题的复杂性必须得到、且已经得到旨在将其终结的人权机构的认识。

联合国毒品和犯罪问题办事处副执行主任Sandeep Chawla表示，联合国标准和规范简编应对了包括暴力侵害妇女在内的一系列领域的问题。今年，犯罪委员会通过了一项即将呈报大会的决议，内容关于采取行动对抗有关性别的暴力侵害妇女和女童行为。除了多国缺少综合的立法，刑法司法系统也在警方起诉和监狱方面存在弱点。在数据和相关数据收集方面存在挑战。

加拿大温尼伯大学全球学院国际妇女权利研究所的Marilou McPhedran表示，现代法治应该包括妇女权利。他们需要在联合国系统内整体看待全球治理中的连贯性，例如通过平衡人权理事会和安理会的互补程序。必须对收入分配不平等等冲突的根本原因予以应有的关注。

在第二场小组讨论中，发言人表示，暴力侵害妇女是一种拥有多重面目的苦难，并在许多国家和地区存在。应对冲突中性暴力问题和对抗杀戮女性罪的有罪不罚需要采取最为迅速的行动。妇女和儿童是最容易受到冲突负面影响的群体，发现他们受到的威胁并使妇女参与和平协商是问题关键。男性和男童的角色也至关重要，他们的参与应该放在制定反暴力策略的中心。人权理事会对抗暴力侵害妇女的措施必须得到其他联合国系统和国家机制的补充。当局在暴力侵害妇女方面的能力建设和解决问题的社会经济原因及根本原因是对抗这一现象的关键。

第二场小组讨论中发言的有：埃塞俄比亚、阿尔及利亚、代表非洲集团的加蓬、利比亚、秘鲁、西班牙、红十字国际委员会、委内瑞拉、比利时、葡萄牙、泰国、德国、摩洛哥、挪威、芬兰、中国、阿联酋、智利、联合国艾滋病毒/艾滋病联合规划署、伊斯兰会议组织、毛里塔尼亚、马尔代夫、巴拉圭、科威特、土耳其、黑山、印度、国际劳工组织、俄罗斯联邦、爱沙尼亚和瑞士。

以下国家人权机构和非政府组织也作了发言：国家人权机构国际协调理事会、加拿大人口与发展行动组织、非洲妇女团结会、世界基督教女青年会、世界妇女组织和马利基和平与发展基金会。

暴力侵害妇女、其原因及后果问题特别报告员兼讨论主持人曼朱女士在结束词中表示，在落实应尽职责原则上应该付出更多努力。由于经济危机和紧缩措施而削减社会服务，国家和非国家部门失去的珍贵经验和技能将很难再度获取。妇女地位委员会已经开始失去其相关性，原因是接受其审议各国的做法，以及公民社会组织否认委员会的价值。这所成立于1947年的机构需要得到增强，国际社会不应该担心将新问题带入讨论中。经济依赖性是妇女在两性关系中受到虐待的关键因素，这也是为妇女在社会、经济和政治领域赋权的最好理由。

人权理事会将在今日上午会议结束时举行一场午间会议，继续与厄立特里亚人权状况特别报告员开展互动对话，随后进行需要提请理事会注意的关于人权状况的一般性辩论。在下午会议结束时，理事会将在6月6日（周四）上午9点再次进行会议，以通过法国、汤加、罗马尼亚的普遍定期审议结果。

Panel One: Taking Stock of Efforts to Eliminate Violence Against Women, from the Vienna Declaration and Programme of Action to the Fifty-Seventh Session of the Commission on the Status of Women

Opening Statement

NAVI PILLAY, United Nations High Commissioner for Human Rights, said that there could be no equal societies, development and peace if women and girls remained discriminated against and marginalised. The focus of this year’s discussion was violence against women, the most pervasive expression of gender based discrimination and an impediment of women’s enjoyment of human rights on an equal basis with men. Before the 1990s violence against women was largely considered a private matter, not a human rights issue of concern to the international community. Thanks to the struggle of the women’s movement and the groundbreaking work of the Committee for the Elimination of Discrimination Against Women, the world had witnessed a conceptual shift in the 1990s. The real turning point came in 1993 with the Vienna Declaration and Programme of Action, which framed violence against women as an issue of international concern. The Conference provided momentum for the adoption of the Declaration on the Elimination of Violence Against Women and the establishment of the mandate of the Special Rapporteur on violence against women in 1994. In a matter of a few years the international community unequivocally affirmed that violence was not a private matter and that women were not exposed to violence because of an innate vulnerability or intrinsic weakness.

In the years that followed, States’ obligations to address violence against women had been codified and spelt out in international and regional treaties and in innovative jurisprudence by national and international courts and mechanisms. While commemorating developments, the international community must acknowledge that violence against women remained unacceptably widespread. Key problems were the lack of genuine commitment and inadequate resources for systematic and comprehensive intervention to address violence and inequality. The world should also guard against arguments that tried to justify or condone violence and discrimination in the name of tradition and religion. The experts present today were at the forefront of the struggle for women’s human rights and would share their reflections on challenges and gaps. This was particularly important as the international community embarked on processes that would set the future women’s rights agenda.
Statements by Panellists

RASHIDA MANJOO, Special Rapporteur on violence against women, its causes and consequences and moderator of the discussion, said that the discussion would help everyone reflect upon the challenges facing women in terms of the realization of their rights. There were significant challenges in trying to address the problem of violence against women as a human rights issue. She said that fund constraints were not a valid excuse for the gaps which existed in the tackling of the problem.

Ms. Manjoo asked what were the challenges and gaps as observed in the work of the Committee in addressing violence against women as a human rights issue?

PATRICIA SCHULZ, Member of the Committee for the Elimination of Discrimination Against Women, said that the Committee had identified issues which had not been part of the Convention during its drafting because at the time they were considered taboo issues. The Committee had since issued recommendations to States parties and had also institutionalized the participation of non-governmental organizations in its work. The Committee insisted on including women in decision-making processes in all fields as a way of combating violence against women and girls. Women in conflict and post-conflict situations and women refugees were particularly vulnerable. Regarding rape, the Committee had developed a specific reasoning and its views were contributing to the discussion on appropriate legislation and practical measures. Ms. Schulz said that the influence of the Committee was growing, even though States parties did not always implement the Committee’s recommendations. She stressed, however, that implementation was absolutely crucial. The problem was that many States parties were late and irregular in reporting back to the Committee, and as a result of the high number of new ratifications there was a backlog. Nevertheless, the Convention gave them the best holistic approach to the elimination of discrimination against women. A legal framework theoretically capable of delivering, despite being somewhat complex, and a monitoring mechanism were in place. The only element currently missing was resources, concluded Ms. Schulz.

FLORENCE BUTEGWA, Representative to Ethiopia (OIC), and Representative to the African Union and the United Nations Economic Commission for Africa, from UN Women, said she would refer to the situation in Africa, with which she was familiar. There were some positive trends in Africa, particularly in terms of legislation. Thirty-six countries had legislation on violence against women either in general or specific forms of violence, particularly violence within the family, sexual violence or offences, or harmful traditional practices. The interaction between the CEDAW Committee and States parties had contributed a lot in terms of making progressive changes in legislation. Another area of positive changes was in terms of countries adopting national plans of action for the elimination of violence against women, some of them transferring this to national development plans. What was interesting and very encouraging was that in some countries such as Liberia and South Africa, they were seeing national action plans as multisectoral, which reflected a better understanding of the complexity of violence against women as a social problem. Another development was the adaptation of the international standards within the region. The African Union had a protocol that was very specific in terms of prohibition and spelling out the obligation of the State in terms of elimination and response to violence against women. The International Conference of the Great Lakes focused on sexual violence in the context of conflict, making it a crime. They were also seeing better public debate and the level of awareness had improved, and there was also better reporting from women. That did not mean that there were not many challenges and there was a lot to be concerned about. They were not seeing a lot of State resources going towards combating violence against women. States and their development partners were not investing and dealing with violence against women in a dynamic social context.

Discussion

Chile, speaking on behalf of the Group of Latin American and Caribbean Countries, said that discrimination and violence against women was an economic burden which had been tackled by various normative, structural and multi-sectoral initiatives over the years. Lithuania said violence against women was a flagrant violation of human rights that arose in different forms and all relevant actors must be engaged in a comprehensive manner. Canada said it worked actively to end all forms of violence against women and added that boys and men had an important role to play. South Africa said that there was a direct link between the fight against poverty and human rights, and women’s empowerment was central to this. Brazil said combating violence against women was a problem common to both developed and developing States and it had recently introduced progressive measures, particularly with regard to women of African decent. Estonia said that since its independence in 1991 it had introduced comprehensive gender equality measures that shattered myths and stereotypes. Norway, speaking on behalf the Nordic Countries, said that the promotion and protection of reproductive rights was central to mitigating violence against women and girls. Iran said it was shocking that 7 out of 10 women in the world were still affected by violence in some way and that the world’s measures to tackle this had failed. Sierra Leone said that while policies and laws tackling violence against women were commendable, the key problem at this stage was implementation. United States said that it took a comprehensive approach at home and abroad in ending violence against women and girls. Greece said that it had a strong legal and institutional framework with respect to tackling domestic violence and promoting women’s access to justice. The European Union said violence against women, including sexual violence, was a global epidemic that was particularly acute in conflict and post-conflict situations. Canadian Human Rights Commission said indigenous women in Canada were disproportionately affected by violence, including murder. Südwind said that gender equality in Iran was nothing but fiction and violence against women was carried out with impunity. Canners International Committee was amazed at the strength of women despite the litany of violence, discrimination and prejudice that men continued to mete against them.

Statements by Panellists

RASHIDA MANJOO, Special Rapporteur on violence against women, its causes and consequences and moderator of the discussion, asked what would be the best way of tackling gender stereotyping.

SIMONE CUSACK, Senior Policy and Research Officer of the Australian Human Rights Commission, Author and Expert on Gender Stereotyping, said that there was no doubt that gender stereotyping contributed to violence against women, particularly women who did not conform to gender “laws”. Stereotyping also influenced how justice was carried out in cases where women had been subjected to sexual violence, particularly stereotypes that women were inherently untruthful and inclined to fabricate allegations of violence. As an example of best practices, Ms. Cusack mentioned a legal case from Canada. In that case, a court’s decision to acquit a man of sexual assault in the workplace had been overturned by the High Court, which found that the lower court’s ruling had been influenced by stereotypes such as that men had a strong libido and could not control their hormonal urges. Ms. Cusack also stressed the importance of having binding legal standards which made stereotyping unlawful and also provided a set of standards against which States could measure their progress. Addressing gender stereotyping and improving our understanding of States’ obligations in that area were key elements in combating violence against women, concluded Ms. Cusack.

RASHIDA MANJOO, Special Rapporteur on violence against women, its causes and consequences and moderator of the discussion, asked for examples of good practices in how culture, religion and tradition could be used to promote the human rights approach to addressing violence against women.

FATMA KHAFAGY, Ombudsperson for Gender Equality, Egypt, said that female genital mutilation had been practised for centuries in many countries. Certain religions such as Islam had been used to justify it, although it was also practised among populations which did not have those specific religions, for example Christians in Egypt. Communicating with religious leaders both at national and regional level had contributed to stopping that practice. It was also important to have a law which criminalized the act, especially in countries where female genital mutilation was practised by medical doctors. The involvement of young men in the fight against female genital mutilation had also contributed to stopping that practice. Many effective measures had been taken to reduce the rate of female genital mutilation among the young population, and results had been encouraging. Honour crimes constituted another area in which tradition was used to justify crimes against women. In several countries national legislation gave impunity to the perpetrators of such crimes. Non-governmental organizations had helped to make a real difference on the ground in that respect. As a result, the penal code was being modified in certain countries in Africa and statistics were becoming available. Ms. Khafagy said that demystifying the justification of using religion through awareness-raising and making use of international instruments had contributed to the progress which had been made.

RASHIDA MANJOO, Special Rapporteur on violence against women, its causes and consequences and moderator of the discussion, agreed that the empowerment of women, and accountability as a norm for addressing all violations of human rights and societal transformation were key. Could Mr. Juan Carlos Arean elaborate on the role of men and boys in addressing violence against women?

JUAN CARLOS AREAN, Member of the Secretary-General’s Network of Men Leaders, Senior Program Director at the Family Violence Prevention Fund, said that as a member of civil society who had worked in non-governmental organizations for many years, it was interesting to reflect and take as a reference the Vienna Declaration. He firmly believed that policies and laws were of course important, but it was only part of the equation. One of the big challenges was their implementation and part of that was changing social norms and winning the hearts and minds of men. If this panel had been held 20 years ago, there probably would not have been any men taking part. They had to be careful however about it not being the flavour of the year and had to recognize that there were reasons why they were talking about engaging men. It was not about doing so as a goal, but about engaging them to further the human rights of women. Sometimes men reproduced the patterns of domination and hierarchy. As a man, part of his work was to challenge other men. How they could contribute was the key challenge. A lot had happened in the last 20 years. Philosophically, 20 years ago they saw men only as the problem but more and more they were seeing men and boys as part of the solution. Reference was made to the Secretary-General’s Network of Male Leaders of which he was part, and a global alliance of non-governmental organizations working on the issue called Men Engaged. Civil society campaigns had also been set up in many countries to engage men. They had to be very holistic in their approach of working with men and there was no single strategy or solution. A key concept in his opinion was to win the hearts and minds of men, convincing them that fighting against patriarchy and gender stereotypes was something that would also benefit them.

Discussion

Qatar said that women’s rights had been central to the human rights agenda for two decades but that violence against women was nevertheless increasing world wide. Algeria, speaking on behalf of the Arab Group, said that tackling underlying causes of violence against women was key in the march toward liberalization. Austria said that it was organizing a side event called Vienna+20 that would look at two decades of human rights action in combating violence against women. Senegal said criminal sanctions had been codified in Senegalese law against female genital mutilation, rape and other acts of violence against women. Maldives said it had passed a bill addressing domestic violence in 2012 and a draft sexual harassment bill was being prepared. Slovenia said putting an end to the impunity of men in their commission of gender-based violence was a central theme of its actions in combating violence against women. Poland said much progress had been made in combating violence against women and domestic violence at home and abroad and it was willing to share its experience in regard to anti-violence campaigns.

Switzerland said gender stereotypes and structural inequality were the roots of violence against women and that domestic violence and rape within marriage had to be criminalized world wide; what could be done to weaken cultures of impunity such as that which tended to exist, even in Switzerland? Australia said that it had a plan to safeguard Australian women against violence, some of which it felt could be applied internationally in the spirit of sharing good practice. Russian Federation said it was working hard to implement measures and draft progressive laws that would tackle violence against women; it was concerned about violence against children adopted from Russia. The United Kingdom said that a coordinated international approach across the three pillars of the United Nations was paramount and it would hold a debate on violence against women in conflict situations in its role as chair of the Security Council this month. Croatia said the International Criminal Court had to contribute to the fight against the use of rape as a weapon of war. Iceland said that lesbians were at particular risk of violence and hoped that United Nations mechanisms would continue to recognize and prioritize this. Malaysia said community awareness was key and supported practical strategies, which involved men that advanced the rights of women and girls. Minority Rights Group highlighted the plight of slave and ex-slave women in Mauritania, whom it said were denied rights whole scale and were especially victimized. France Libertes: the Danielle Mitterand Foundation said that Saharan women were at particular risk of violence from the State of Morocco. International Humanist and Ethical Union said that sexual and violent abuse of women and girls was rife and cited a case in the Maldives which it said exemplified this.

Saudi Arabia said that it attached high importance to women’s rights based on the teaching of Islamic Sharia, which criminalized all injustices against women, and that efforts to protect women and safeguard their dignity should continue. Argentina said that gender equality was vital to democracy and to development. In order to eradicate violence, Argentina had adopted a series of measures, including introducing new legislation and amending its criminal code. Indonesia said that strategies to prevent domestic violence were being formulated and continued to be implemented in Indonesia. Measures taken included establishing a special service for victims of crimes, particularly women and children.

Concluding Remarks by Panellists

FATMA KHAFAGY, Ombudsperson of Gender Equality, Egypt, in concluding remarks, said that sometimes family laws contributed to causing violence against women within the family environment. Unless that issue was addressed, it would be very difficult to address the problem of violence against women in other environments, such as the workplace and the public domain. In the African region there had been increased reporting of incidents of violence against women, which was a positive sign.

FLORENCE BUTEGWA, Representative to Ethiopia (OIC), and Representative to the African Union and the United Nations Economic Commission for Africa, from UN Women, commenting on what more in general needed to be done, said that one of the things that United Nations Women was doing with the United Nations Economic Commission for Africa was a regional study on the socio-economic cost of violence and women. As long at the public and Government did not understand the cost to the economy, family and social fabric, there was not much intent on investing in work on violence against women and this work required a lot of support. In relation to the economic crisis and whether that was affecting the work on violence against women, they had to accept that for many countries the economic situation was very difficult and decisions were having to be made but they also had to look at those decisions in the context of the totality of where the priorities were. They needed to focus on implementation and documenting the things that worked so that other countries could learn from those countries that were making positive changes.

SIMONE CUSACK, Senior Policy and Research Officer of the Australian Human Rights Commission, Author and Expert on Gender Stereotyping, in concluding remarks, said that a really important part of implementation was moving beyond policies and programmes focused on individual change, and focusing on a more systemic cultural change in addressing violence against women. Efforts to address violence against women would only succeed if they were underpinned by gender equality. Safeguards had to be put in place by States to protect persons that were not seen to be in the norm and progress in this area had been very uneven. On prioritizing efforts in times of economic crisis, it was reminded that women’s right to life, health and security could not be superseded by perpetrators. On good practices in addressing stereotyping, there were good practices and also an emerging body of scholarship. However, there were also many bad examples and missed opportunities. There were positive examples of the work done by some organizations, working hard to debunk notions that equated masculinity and violence.

JUAN CARLOS AREAN, Member of the Secretary-General’s Network of Men Leaders, Senior Program Director at the Family Violence Prevention Fund, addressed the lack of funding and said there was a tension in the new attention to men and boys in that it might take funds away from women’s programmes. This was of course to be avoided. Money was tight but should always be found. A broad analysis of masculinity and patriarchy should take a less intellectual and more emotional approach to engagement. Additionally, attending to the spirit of men could be a way to engage some among them; all major religions have values that opposed discrimination against women (as well as the contrary on occasion) and faith leaders could be useful in engaging men on women’s rights issues.

PATRICIA SCHULZ, Member of the Committee on the Elimination of Discrimination Against Women, said that reproductive and sexual autonomy of women was paramount. Turning to funding, Ms. Schulz said that the distribution of money was a political question and spoke on the funding of international development and the United Nations system as a whole. There was still a fight for funding. There continued to be stark underreporting by States and the treaty bodies needed strengthened mechanisms to improve this. Reform would determine whether the treaty bodies system could function or not; it was not at present efficient and this had to change.

Panel Two: Setting Priorities for the Future: Strengthening the Work of the Human Rights Council and Other Inter-Governmental Bodies and Processes in the Area of Violence Against Women

Opening Statement

FLAVIA PANSIERI, Deputy High Commissioner for Human Rights, said she was pleased with the theme of the day’s debate – violence against women – because a lot of progress had been made in the 20 years since the adoption of the Vienna Convention. There was much work ahead. The debate would now focus on the linkages within the mechanisms of the Human Rights Council, the United Nations system and other inter-governmental processes. A consultation was held in order to understand how to promote a human-rights based approach to combating violence against women. The Human Rights Council had been instrumental in outlining legal doctrines and procedures, had given visibility to the issue of violence against women, and had been key in underlining that private violence was a public problem. Several commissions of inquiry had over the years been held into aspects of the problem. These advances made by the Council could be seen in the focus that was placed on the gender dimension of the general human rights agenda. Yet there were problems. These included implementation and the general lack of attention paid to women’s rights issues in country-specific mandates. This could be remedied by explicitly placing gender discrimination and violence against women into the agenda of the various mechanisms and in the Special Procedures. The issue of “double jeopardy” where discrimination and violence against women intersected with other human rights challenges had to be better understood.

There were synergies between the Human Rights Council and other inter-governmental processes; duplication of work was avoided and closer cooperation between them was promoted. Through closer synergies, different streams of work could be built on and reinforced, resulting in strengthened support and guidance to States and other stakeholders on steps to eliminate violence against women, as well as into coherent and comprehensive national and international scrutiny of the implementation of commitments. The Office of the High Commissioner stood ready to develop a strategy to facilitate implementation.

Statements by Panellists

ZAINAB BANGURA, Special Representative of the Secretary-General on Sexual Violence in Conflict, said that sexual violence in conflict continued to be one of the worst forms of discrimination against women. Consequences of rape and other forms of sexual violence were long-lasting and devastating and it was important to note that sexual violence was not just an opportunistic act of individuals, but was being systematically employed as a weapon of war. Survivors were the ones dealing with shame and stigmatization, while shame should be of perpetrators and not their victims. Prosecution of this crime led to prevention and, hand in hand with ending impunity for this crime, barriers to accessing justice for victims must be brought down. Fundamental shifts in attitudes and fighting stigmatization of victims must be done from inside of the communities and must involve all its members, particularly those with voice such as journalists or teachers. The resolutions of the United Nations Security Council concerning sexual violence in conflict provided a framework to combat this crime and address impunity. Getting to the root causes of the problems was essential and this required respect for the rights of women and girls, their participation in political and public life and their involvement in crafting solutions to gender-based violence. Only when women’s rights were fully understood as human rights would the fight against sexual violence in conflict achieve success.

RASHIDA MANJOO, Special Rapporteur on violence against women and moderator of the discussion, said that violence against women remained endemic and effective fulfilment of the State’s obligation in terms of its responsibility to protect its citizens included recognizing the problem, modifying laws and policies to prevent harm and protect the rights of citizens, addressing the root causes of violence, punishing and rehabilitating the perpetrator, reporting to international bodies in terms of steps taken, and monitoring its own measures. The State also had an obligation to investigate all forms of violence against women. When preparing her report, Ms. Manjoo said that she had been confronted with a lack of response from States. It was necessary to create a framework in which to discuss the responsibility of States to act with due diligence, separating individual and systemic due diligence.

PATIENCE STEPHENS, Director of the Intergovernmental Support Division of United Nations Women, said the debate today was a “call to duty” because women’s rights were fundamental to human rights. United Nations Women undertook three mandate areas that meant it could work very closely with the Human Rights Council. States were recognizing the complexity of the new approaches to tackling violence against women. Looking back to the Vienna Convention of 20 years ago, there were difficult negotiations toward agreement on areas including, for example, culture and traditions, intimate partner violence, sexual and reproductive rights, and lesbian, gay, bisexual and transgender rights. Agreement could not be reached on the status of these minority groups. The role of the family was also contentious and all references to the family were removed because it could not be agreed what constituted a family. Looking forward, violence against women was not a single issue but an amalgam of social ills and its complexity must be and was recognized by the human rights bodies charged with ending it.

Discussion

Peru said that violence against women was a scourge with many faces which was present in many countries and regions and Ethiopia said that it affected not only the individual but the society as a whole. Venezuela believed that exchanging good practice and synergies could help in eradicating violence against women at national, regional and global levels. Algeria said that empowerment of women and their participation in all walks of life was crucial for eradicating this widespread phenomenon and Libya said that there was still a lot to be done in ensuring participation of women in social, economic, public and political life, on equal footing with men.

Femmes Africa Solidarité expressed concern about the extent of sexual violence and violence against women in the Central African Republic and in the Democratic Republic of the Congo where they had become genuine weapons of war. Addressing sexual violence in conflict and combating impunity for crimes of femicide required the most urgent action, stressed Spain. Because women and children were those most adversely affected by conflicts, it was essential to identify threats against them and to involve women in peace negotiations, said Gabon on behalf of the African Group. International Committee of the Red Cross said that many victims of sexual violence in conflict could not access health services and justice systems and due consideration must be given to their personal preferences for privacy and security.

Belgium stressed that the Convention on the Elimination of All Forms of Discrimination Against Women was a crucial instrument which charted the way forward in eradicating violence against women and called on all States to ratify this treaty and its Optional Protocol. International Coordination Committee of National Institutions for the Promotion and Protection of Human Rights said that national human rights institutions had a special role to play, especially in promoting empowerment of women and girls and supporting their participation in political and public life. Egypt said that capacity building for authorities dealing with violence against women, and tackling the socio-economic and root causes of the problem, such as poverty and illiteracy, were essential in fighting this phenomenon and Action Canada for Population and Development stressed due diligence standards which could contribute to the implementation of the responsibility of States to ensure accountability for violence against women.

Statements by Panellists

RASHIDA MANJOO, Special Rapporteur on violence against women and moderator of the discussion, said that the United Nations Office on Drugs and Crime had adopted resolutions on violence against women. Could Mr. Chawla share some good practices and challenges regarding effective accountability for acts of violence against women, and provide any recommendations on strengthening synergies between the Office on Drugs and Crime and the Human Rights Council?

SANDEEP CHAWLA, Deputy Executive Director, United Nations Office on Drugs and Crime, said that as far as the Commission for Crime Prevention and Criminal justice was concerned, the Compendium of United Nations Standards and Norms was the driving force in the United Nations system for looking at emerging forms of crimes. These standards and norms dealt with a number of areas including violence against women and worked well as although they had soft law status they allowed countries to make national assessments, helped the development of regional and sub-regional strategies, and acted as a body for good practice internationally. On violence against women, there was a need to concentrate more on what was being done about it. In 2012 the Crime Commission adopted practical measures and strategies to tackle violence against women. More effort was needed in implementing these strategies. This year, the Crime Commission adopted a resolution which would go to the General Assembly on taking action against gender related violence against women and girls. Apart from a lack of comprehensive legislation in countries, there were weaknesses within the criminal justice system at the level of police prosecution and prisons. There were also challenges in the area of data and relevant data collection. It had to be recognised that dealing with violence against women meant addressing issues that had historically been built into societies.

RASHIDA MANJOO, Special Rapporteur on violence against women and moderator of the discussion, asked Ms. McPhedran for her observations on how the United Nations system in general and the Council in particular had approached the issue of violence against women. What were the lessons learned and what continued to provide challenges?

MARILOU MCPHEDRAN, Institute for International Women’s Rights at the University of Winnipeg Global College, Canada, said that the modern rule of law should include women’s human rights. They needed to see greater coherence in global governance as a whole in the United Nations system, such as through balancing complementary processes in the Human Rights Council and in the Security Council, and resolutions for example. There was growing concern that as needed as such resolutions were, they may be used to undermine women’s contribution as leaders in peace and security. Resolutions from the Security Council and the Human Rights Council had to integrate civil society leadership and protections for women human rights defenders. Due attention had to be paid to root causes of conflict such as unequal distribution of income. Women’s economic empowerment was key in eliminating violence against women. Research had concluded that autonomous feminist movements were key to change. Ms. McPhedran also underlined that gender alliance was critical. If they were to stop violence against women, then they had to do it together, as full and complete members of the human race.

Discussion

Portugal said stopping violence against women must be reflected in the post-2015 development agenda; mitigating processes from due diligence through to punishment had to be strengthened. Thailand said efforts by the Human Rights Council in combating violence against women had to be complemented by those of other United Nations system and States’ mechanisms. Norway said the post-2015 development agenda was highly relevant in this discussion as women’s human rights must be front and centre of it. Finland said the role of men and boys was crucial and their engagement should be placed at the centre of developing anti-violence strategies. China said violence against women was a chronic problem in human society and the world community had to adopt measures that recognized the link between poverty and violence against women.

United Arab Emirates took stock of 20 years of progress since the Vienna Conference and said a true solution had yet to be found although work to eliminate the problem had to go on. Chile said the report on creating linkages and synergies showed that the Human Rights Council was making progress and it believed that the best way forward was a holistic approach. Paraguay recounted the milestones of the last 20 years but said that the reality of the plight of women around the world showed that there was much to be done.

Morocco said it had promoted gender equality at the national level for many years and several measures had been taken. Mauritania said it had the moral courage to recognize its slave past, contrary to the politicized claims of some actors, and was implementing ambitious plans aimed at rooting out this legacy. Maldives updated the Council on the measures it had taken to reform its legal framework and justice system which it said were in urgent need of strengthening. Kuwait said it condemned all forms of violence and drew its support for international norms from its constitutional focus on the primacy of the family.

The Joint United Nations Programme on HIV/AIDS said women living with HIV were more vulnerable to violence and sexual violence against women was rife in conflict and post-conflict situations. The Organization of Islamic Cooperation said regional strategies were effective with respect to implementation and it was working hard toward the elimination of violence against women. World Young Women’s Christian Organization said it worked hard to support victims of violence against women, including those raped, and it condemned early forced marriage which it said was a prevailing context for sexual violence. Worldwide Organization for Women said the sexual exploitation of women who had become refugees as a result of the conflict in Syria was increasing. Maarij Foundation for Peace and Development said the gender perspective should be included in all work of the Human Rights Council to reduce violence against women and strengthen equality. Germany asked the panellists their view of regional protocols and what they had to say about gender and caste-based discrimination.

Turkey said that addressing both causes and consequences of violence against women must involve an integrated approach involving all segments of the society and the Council of Europe Convention on preventing and combating violence against women and domestic violence would have a positive impact internationally. India stressed the need to combat discriminatory practices and violence against women that were rooted in traditions and customs, while Montenegro suggested that the principles of gender equality be promoted within the International Monetary Fund and other international financial institutions, where gender policies were still not mandatory. Russian Federation believed that every State was free to choose a strategy to combat violence against women and said that the structure of United Nation Women should provide assistance only at the request of States.

International Labour Organization drew the attention of the Council to the daily harassment and violence suffered by women involved in the informal economy and said that the International Labour Organization was considering a new set of international labour standards to address gender-based violence at work. Estonia said that rape and sexual violence could constitute crimes against humanity and it was vital for all States to eradicate sexual violence in conflict and end impunity for this crime. Switzerland mentioned the importance of treaty bodies and the Committee on the Elimination of Discrimination against Women in particular in providing valuable guidance to States in their actions to eradicate violence against women.

Concluding Remarks

ZAINAB BANGURA, Special Representative of the Secretary-General on Sexual Violence in Conflict, in concluding remarks, said that violence, especially sexual violence, was a major issue because it affected not only individuals but also families and whole societies. Ms. Bangura shared her experience in meeting victims of sexual violence and said that during a recent visit to Africa she was appalled to see that very young children had been subjected to rape. She also said that in Syria fathers killed their daughters who had been raped and called that an “honour killing”. Victims of sexual violence were younger and younger, so it was necessary to take concerted action to educate and empower women in order to protect them from being subjected to violence in the future. This was a battle they could not afford to lose, said Ms. Bangura.

SANDEEP CHAWLA, Deputy Executive Director, United Nations Office on Drugs and Crime, in concluding remarks, said that a handbook had just been published on police responses to incidents of violence against women, while another handbook for prosecutors dealing with cases of violence against women was being developed. There was a need for better coordination in the criminal justice system to better prevent and respond to violence against women. Good practices from certain countries in the world included specialized courts and specially trained staff, and that information should be passed on. More flexibility was needed within the United Nations system so that agencies could collaborate more easily and efficiently. There should be closer cooperation in the joint preparation of reports and more use of the experience and expertise of the Special Rapporteurs of the Secretary-General in several areas, particularly in the Crime Commission.

PATIENCE STEPHENS Director of the Intergovernmental Support Division of United Nations Women, said in concluding remarks that violence against women was complex and strongly inter-sectoral and had to be strongly addressed in all inter-sectoral governmental bodies. United Nations Women had pushed for the placement of gender equality as one of the standalone goals in the post-2015 development agenda. Without State action, they were synergizing and strategizing in vain. While the United Nations system was working in these areas, the fact remained that the ball was in the court of Member States and other stakeholders. Synergy was meant to stimulate implementation. They must sustain and implement all agreed conclusions. They needed to put teeth to the agreed conclusions. Currently, they had some very important advances that been made; these needed to be translated into change on the ground.

MARILOU MCPHEDRAN, Institute for International Women’s Rights at the University of Winnipeg Global College, Canada, said in concluding remarks that there was a need for increased cooperation in the United Nations system. To progress, the international community had to be able to rely on the integrity of a Universal Periodic Review process that could not be used to undermine international human rights law and States’ legal obligations. They must always be mindful of the bigger picture for women and girls. Due attention had to be paid to root causes of a conflict. If they were serious about the rights of marginalised peoples, women being in the majority, then they had to face the hierarchical treatment of human rights in the human rights system. Women needed to be able to bring their concerns to the institutional tables to bring about change. There was merit in regional instruments in addressing violence against women and they needed to see more of these.

RASHIDA MANJOO, Special Rapporteur on violence against women, its causes and consequences and moderator of the discussion, said in her closing remarks that more work should be invested in the implementation of the due diligence principle. With the cutbacks in social services due to economic crisis and austerity measures, valuable experience and expertise was being lost in both State and non-State sectors which would be hard to regain. The Commission on the Status of Women had begun to lose its relevance because of practices of States in its deliberations and the dismissal by civil society organizations of the value of the Commission; this body, which had been created in 1947, needed to be strengthened and the international community should not be afraid to bring new issues into its discussions. Economic dependency was the crucial factor that kept women in abusive relationship and this was the best argument for women’s empowerment in social, economic and political spheres.
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