Office of the United Nations High Commissioner for Human Rights
Palais Wilson. 52 rue des Pâquis. CH-1201 Geneva, Switzerland
Background
The Office of the United Nations High Commissioner for Human Rights (OHCHR), guided by the mandate provided by General Assembly resolution 48/141, OHCHR represents the world’s commitment to the promotion, protection and realization of the full range of rights and freedoms set out in the Universal Declaration of Human Rights.
OHCHR has a central role in safeguarding the integrity of the three pillars of the United Nations: peace and security, human rights and development. For the four year period from 2018-2021, the Office has identified six thematic pillars, four major shifts, with person centered spotlighting particularly women, young people and persons living with disabilities. The six thematic pillars that
from the continued solid base on which the work of the Office stands include (1) Support to the United Nations human rights system; (2) Mainstreaming human rights within the United Nations other pillars, namely development and (3) peace and security; (4) Advancing the core human rights principles of non-discrimination, (5) accountability, (6) participation. The Four major ‘Shifts’ in OHCHR mandate focus on key threats to rights and key opportunities for leveraging support to better protect and promote rights. This means that across our six thematic pillars, OHCHR will also work to take steps to help prevent conflict, violence and insecurity; Help protect and expand civic space; Support and further develop a global constituency for human rights; Deliver human rights in the context of emerging concerns (‘frontier issues’).
All the six areas have a strong focus on women’s human rights and gender issues, including in line with OHCHR internal policies on gender equality and the Secretary General System Wide Strategy on Gender Parity.
Institutionally, OHCHR is committed to strengthening the United Nations human rights programme and to providing it with the highest quality support. OHCHR is committed to working closely with its United Nations partners to ensure that human rights are at the center of the work of the United Nations.
Policy framework
See gender-related resolutions and decisions of the General Assembly, Security Council and Human Rights Council, and relevant subsidiary bodies.
Areas of Focus
The mission of OHCHR is to work for the protection and promotion of all human rights for all people; to help empower people to realize their rights; and to assist those responsible for upholding such rights in ensuring that they are implemented. In carrying out its mission with respect to violence against women, and within the overarching strategies to ensure country engagement, leadership, partnership, and support and strengthening of the Office and the human rights machinery, OHCHR is focusing on:
*Gender sensitive administration of justice, through the provision of expert legal analysis of international (and, where appropriate, regional and national) jurisprudence with commentary, relating to the effective prosecution of gender-based violence as well as legal analysis of obligations in relation to social and economic rights and the impact of the enjoyment of such rights for women on access to justice for victims of sexual violence.
*Piloting of integrated and thematic gender strategies for country engagement, including on violence against women.
*Mainstreaming gender and women’s human rights in OHCHR and with UN system partners.
OHCHR is an active member of UN Action against sexual violence in conflict. Since August 2008, the Coordinator for UN Action Against Sexual Violence in Conflict, previously based with UNIFEM in New York, is hosted on OHCHR premises in Geneva. Since 2009, OHCHR has chaired the Resource Management Committee of the UN-Action Multi-Donor Trust Fund.
Human rights monitoring and investigations, including in relation to sexual violence, are also key features of the field presences of the Office of the High Commissioner for Human Rights (OHCHR), particularly country offices and human rights components of UN peace operations.
Monitoring of the human rights situation, including advocacy and public reporting, is a fundamental tool for OHCHR to assess human rights problems, support the identification of adequate solutions, promote accountability and deter further violations. In particularly serious human rights violations including collective rape cases, the Office also conducts human rights investigations, by conducting detailed interviews with victims and witnesses, when possible visiting the location of the violations, and undertaking circumstantial analysis of facts, mapping of perpetrators to promote accountability through follow up with judiciary authorities.
OHCHR supportsthe Human Rights Council and its special procedures, including the Special Rapporteur on violence against women, its causes and consequences, the Working Group on discrimination against women in law and in practice, and the Special Rapporteur on trafficking in persons, especially in women and children, as well as human rights treaty bodies, including the Committee on the Elimination of Discrimination against Women.
In its’ work, the Committee on the Elimination on the Discrimination against Women (CEDAW) urges States parties to give priority attention to eliminating all forms of violence against women and to adopt comprehensive measures to address it in accordance with the Committee’s general recommendation No. 35.
Resources
Report on laws discriminatory to women, prepared by Dr. Fareda Banda, 2009
Commentary on the Recommended Principles and Guidelines on Human Rights and Human Trafficking
The OHCHR supported the work of the SRVAW who presented two thematic reports to the Human Rights Council and the General Assembly in 2018 on online violence against women and violence against women in politic.
During the period under review, the OHCHR supported the SRVAW in producing a number of legal and policy recommendations in communications sent to over 50 Member States and recommendations issued after country visits to: Canada (11 to 23 April 2018); Nepal (19 to 29 November 2018).
The OHCHR supported the work of the SRVAW, and SUMEX along with other relevant mandates in issuing a statement calling for revocation of a bill to amend Guatemala’s National Reconciliation Law which has been the basis of trials involving human rights violations in the country since the peace accords of 1996, and would establish an automatic mechanism for extinguishing the criminal responsibility of all those responsible for serious violations of human rights committed during that period (22 February 2019).
The OHCHR supported the Working Group on the Issue of Discrimination Against Women in Law and in Practice (WGDAW) in formulating a series of recommendations aimed at supporting legislative development following its mission to Honduras (1-14 November 2018). It recommended to:
- Repeal laws prohibiting access to emergency contraception and liberalize abortion law so as to ensure access at least in cases where the pregnancy poses a threat to the life or health of the woman, where it is the result of sexual violence or in case of severe foetal impairment, as the first step;
- End the criminalization and judicial harassment of women human rights defenders, protect them from violence (including by private actors) and investigate crimes against them;
-Ensure that the media do not promote stereotypes and gender-based violence, and raise their awareness on violence against women and human rights defenders;
- Provide the necessary support to women candidates, address political violence against women and promote women’s participation in political life;
- Conduct sustainable awareness-raising campaigns to prevent violence against women in politics and effectively investigate cases;
- End the criminalization and judicial harassment of women human rights defenders, protect them from violence (including by private actors) and investigate crimes against them;
- Ensure that human rights education is taught in all public schools, covering women’s rights and gender equality, with a focus on prevention of gender-based violence;
- Regarding indigenous and Afro-Honduran women (including Garífuna) guarantee their access and full participation in decision-making; prevent and combat violence against them;
- Eliminate violence, discrimination and stigmatization against lesbian, bisexual, transgender, queer and intersex women, women with disabilities, women engaged in sex work/prostitution and women living with HIV and ensure their effective participation in political, civil, economic and social life and access to quality health services.
In Cambodia, OHCHR provided technical assistance for the drafting of a Law on Surrogacy in line with international human rights standards.
In Ukraine, OHCHR report on conflict related violence influenced the content of the amended the Criminal Code considered in December 2017 by the Parliament. In particular, a gender sensitive definition and the criminalization of sexual violence.
In Serbia, OHCHR provided substantive and legal advice for the drafting of and amendments to the Law on Domestic Violence and the Criminal Code.
In Honduras, OHCHR jointly with UNWomen, through technical assistance contributed to the strengthening of the definition of the crime of rape – in relation to the concept of “consent” – it also provided support for drafting a proposal on decriminalizing abortion in line with HR standards.
In Guatemala, OHCHR provided technical assistance to Congress in relation to draft bills both to support rights of women in the context of violence (such as the recently adopted reforms to the Criminal Code to prevent child marriage under 18 years) and to ensure that there are not regressions in this regard (draft bill 5272 to criminalize abortion).
In Haiti, OHCHR helped national stakeholders in identifying and addressing discriminatory laws against women for revision of the draft SGBV law in relation to the draft criminal code and criminal procedure code, in accordance with international standards.
OHCHR advised states on reforming laws and supported the formulation and implementation of laws to ensure compliance with international human rights standards. In 2015, OHCHR supported the elaboration and implementation of laws on sexual violence (in Afghanistan, Burundi, the Central African Republic, the Kurdistan region of Iraq, Nigeria), promoting victims’ and witnesses’ participation in peace processes and reconciliation (in Sudan, Darfur and the Central African Republic), and assisting victims of sexual violence (in the Democratic Republic of the Congo, Guatemala, Sudan, Tunisia). In Moldova, OHCHR assisted in the development and implementation of a project seeking to revise the prosecutorial guidance for rape investigations to ensure they are free from harmful stereotypes and in line with international standards.Through joint United Nations programming, OHCHR supported the development of a draft regulation in Kosovo on the verification of status of victims of sexual violence that occurred during the conflict. Also, technical advice was provided in Guatemala on reparations for victims of sexual violence with a view to influence the new national reparation scheme.OHCHR further assisted States in developing or revising family laws and legislation on issues such as violence against women (in Belarus, the Gambia, Myanmar, Senegal, Tunisia and Yemen).