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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.
The OHCHR also supported the Working Group on the Issue of Discrimination Against Women in Law and in Practice (WGDAW) in developing several conclusions aimed at supporting policy development in its thematic report on “Reasserting equality, countering rollbacks”, published in May 2018 (A/HRC/38/46). It concluded that the road to gender equality and the full realization of women’s and girls’ human right remains long and challenging. Women are scarcely represented in national and global political and economic decision-making bodies and are too often overrepresented in vulnerable employment and paid less than men, impeding their economic independence. They face pervasive violence, lack control over their bodies and lack autonomy, and are too often seen as sexualized objects. In all spheres of life, power and entitlement are still concentrated in the hands of men. Women facing multiple and intersecting forms of discrimination experience inequality even more acutely. The continuing existence of direct and indirect discrimination, both visible and invisible, is the reason why women lag behind in nearly all human progress indicators. In the face of discrimination against women and one of its worst manifestations, gender-based violence, everyone has a duty to act. The international community must move forward on setting and implementing standards on gender equality to counter the alarming trends towards undermining human rights principles and jeopardizing the gains made in women’s right.
The OHCHR supported the Working Group on the Issue of Discrimination Against Women in Law and in Practice (WGDAW) in sending communications on individual cases and legislation/policies which are not in compliance with international human rights law. The Working Group addressed communications to Governments, individually or jointly with other mandate holders which concern a wide range of subjects falling within its mandate, including discriminatory legislation and practices, allegations of abuse of women human rights defenders and violations of their rights, gender-based violence and violations of the right to sexual and reproductive health (available at https://spcommreports.in.ohchr.org/Tmsearch/TMDocuments ). The Working Group also issued press releases, individually or jointly with other mandate holders, treaty bodies and regional mechanisms raising these issues (available at https://www.ohchr.org/EN/NewsEvents/Pages/NewsSearch.aspx?MID=WG_Women)
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.
In 2017, the WG Discrimination against women and the Special Rapporteur on VAW sent out at least 71 communications on individual cases and legislation/policies not complying with international human rights law.
In Honduras, OHCHR has been monitoring cases of domestic violence, and the protection mechanisms for victims, including through protection shelters for women and girl’s victims or survivors of gender-based violence in several cities.
In CAR, OHCHR developed protection measures for victims of sexual violence and through engagement with key GBV actors.
In Haiti, OHCHR provided life skills trainings, psychosocial and rehabilitation activities for about 150 women in detention.
In Guatemala, 2017 OHCHR carried out monitoring on the human rights situation of women working in Guatemala’s two larges employment sectors - the textile industry (sweatshops) and agriculture – including with respect to situations of violence and a violation of labour rights. The Office also worked closely with the Ministry of Labour to address these issues, such as through joint labour inspections and the development of action protocols.
In Mali, OHCHR managed to fully establish the Monitoring, Analysis and Reporting Arrangements (MARA) technical working group and strategic group that provides systematic, timely, reliable, and objective information on conflict-related sexual violence (which in Mali affects essentially women).
In Haiti, OHCHR implemented two CVR (Community Violence Reduction) projects to support women and girls victims of violence. The aim of these two projects is to construct two reception centers, in remote areas where women and girls can seek temporary shelter in order to receive psycho social, medical and legal aid.
In DRC, the UNJHRO (United Nations Joint Human Rights Office) facilitated access to justice to victims, through free legal aid in judicial procedure and judgment execution process, referral to medical, psychosocial and economic services. 22 legal clinics were funded by UNJHRO in order to provide free legal information to population and legal aid to victims for regular and mobile trials supported by UNJHRO, and enhance referral mechanisms for services to victims and bridge with prosecution special cells.
In Guatemala, OHCHR, though a Progamme named Maya Programme, works with the Public Prosecutor’s Office (indigenous people’s department) on the drafting of a policy on access to justice for indigenous peoples with a human right’s perspective. It requires the Public Prosecutor’s office to “develop and apply specific criteria for the attention, investigation, and criminal prosecution of femicide, sexual violence and other forms of violence against indigenous women.”
In Kosovo, OHCHR and technical partners provided key support services for survivors of gender based violence, including psychosocial counselling and psychotherapeutic services, legal aid and access to economic empowerment programs, benefitting more than 200 women in 2016. After a successful advocacy initiative involving OHCHR, North Mitrovica municipality allocated premises for a shelter for survivors of gender based violence. OHCHR further provided necessary equipment and furniture for the shelter and will organize capacity building of relevant staff who will work with survivors in the shelter. Moreover, OHCHR ensured sustainability of support services in 2017 and 2018 through technical support to a partner CSO in drafting a project proposal which was recently approved for funding by the EU.
OHCHR supported the Special Rapporteur on violence against women in producing legal and policy recommendations through the country visit reports: United Kingdom—2014 (A/HRC/29/27/Add.2); Honduras—2014 (A/HRC/29/27/Add.1); Afghanistan—2014 (A/HRC/29/27/Add.3) ; Sudan—2015; South Africa—2015; (6) Georgia—2016.