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
On 20 July 2018, CEDAW signed a framework of cooperation with the Office of the Special Representative of the Secretary-General on Sexual Violence in Conflict. Under this framework of cooperation, CEDAW and the Special Representative of the Secretary General on Sexual Violence in Conflict seek to advance the rights of women and girls by combating conflict-related sexual violence and supporting the implementation of the United Nations Security Council resolutions on women, peace and security and CEDAW’s General Recommendation No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations. Based on the framework of implementation, CEDAW and the SRSG-SVC have exchanged information on countries of concern that the two entities have been seized of under their respective mandates. In 2018 OHCHR supported the mandate of the UN Special Rapporteur on trafficking in persons, especially women and children, on her thematic report to the General Assembly on the gender dimension of trafficking in persons and on integrating a human rights- based approach to trafficking in persons in the women, peace and security agenda of the Security Council, where she strengthened the link between trafficking in persons and conflict-related sexual violence(A/73/171)
In November 2018, the SRVAW and the CEDAW Committee agreed on a Framework of Cooperation as a means of strengthening already established cooperation on combating violence against women in line with their respective mandates, and to advance the rights of women and girls by preventing and combating gender based violence, and supporting the implementation of the Convention and its General Recommendation 35.
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 March 2018, CEDAW adopted General recommendation No. 37 (2018) on the gender-related dimensions of disaster risk reduction in the context of climate change. The General Recommendation provides guidance to States parties on the implementation of their obligations under the Convention in relation to disaster risk reduction and climate change. The General recommendation recognises that women and girls also face a heightened risk of gender-based violence during and following disasters. In the absence of social protection schemes and in situations in which there is food insecurity combined with impunity for gender-based violence, women and girls are often exposed to sexual violence and exploitation as they attempt to gain access to food and other basic needs for family members and themselves.
On 18 September 2018, CEDAW published its inquiry report into so-called “bride kidnapping” in Kyrgyzstan. CEDAW found that women and girls suffer grave and systematic violations of their human rights due to a culture of abduction, rape and forced marriage. In 2018 and 2019, OHCHR supported the mandate of the UN Special Rapporteur on trafficking in persons, especially women and children, in its engagement with CEDAW for the elaboration of a General Recommendation on trafficking in women and girls in the context of global migration. The Special Rapporteur intervened in the context of CEDAW informal consultations in December 2018 and produced a written submission in the context of CEDAW Half-Day of General Discussion in February 2019.
The OHCHR supported the work of the Special Rapporteur on violence against women during the first week of CSW63 in March 2019. In particular, support was provided for three side-events:
- Side-event on 25 years of the mandate and the femicide watch initiative, co-sponsored by the Republic of Croatia;
- Side-event on the mandate of the SRVAW and CEDAW General Recommendation 35, co-sponsored by Timor-Leste;
- Side-event on online violence against women and the non-consensual distribution of intimate images, organized jointly with Facebook.
The OHCHR also supported the Special Rapporteur on violence against women in the organization of a working level meeting with the members of the institutional platform of international and regional women’s rights mechanisms created in March 2018.
In October 2018, CEDAW adopted revised reporting guidelines for States parties, which integrate SDGs with a view to ensuring systematic reporting by States parties and collection of data to be used in assessing progress made on the implementation of all SDG targets.On 22 November 2018 to commemorate the International Day on the Elimination of Violence against Women and which, inter alia, “called for strengthened cooperation between independent global and regional mechanisms, as common synergies and efforts to address violence against women under the existing normative framework on human rights, which will contribute to closing gaps in combating and preventing violence against women worldwide” the experts also called for the inclusion of monitoring mechanisms to ensure full implementation of Sustainable Development Goal 5.” (See: https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=23921&LangID=Ettp://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22432&LangID=E );
On the occasion of the 16 Days of Advocacy on ending violence against women and International Human Rights Day in December 2018, the OHCHR supported the efforts of the SRVAW who reiterated her call for the establishment of a femicide watch to collect, analyse and review data at the national, regional and global levels.
On the occasion of International Women Human Rights Defenders Day the OHCHR supported the SRVAW, SUMEX and WGDAW, along with other relevant mandates in calling on States “to fulfil their commitment to enable that work, proclaimed almost 20 years ago in the Declaration on Human Rights Defenders and reaffirmed five years ago in General Assembly resolution 68/181 on protecting women human rights defenders” https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=23943&LangID=E
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.
In Mali, OHCHR training military and government officials in relation to the prevention of CRSV by Malian actors. In 2017, 446 security officials, 132 members of the civil society organizations and 89 officials of the governmental institutions were trained to address and prevent CRSV.
In Ukraine, OHCHR documented and reported instances of CRSV, affecting women and men, both in the territory controlled by armed groups, and in Government-controlled territory. Following the release of the report in February 2017, OHCHR in Ukraine participated in 15 events to present the key findings of the report and recommendations. Overall approximately 495 people participated in these events at national and local levels from various groups – civil society, State institutions, international community. The report was instrumental to get the Government commitment to work towards addressing CRSV. OHCHR and UN Women helped the Government to develop the Strategy to prevent and address CRSV. In 2018, OHCHR and UN Women will continue joint work to integrate the developed Strategy to prevent and address CRSV into 1325 National Action Plan.
OHCHR-Guatemala provided technical assistance and closely followed up on key transitional justice cases in the country related to sexual violence committed during the armed conflict. This includes the Sepur Zarco case, in which two ex-military officials were found guilty (affirmed on appeal in July 2017), of crimes against humanity in the form of sexual violence and slavery against Q’eqchi’ women during the armed conflict and the ongoing Molina Theissen case, which involves the alleged 1981 rape of Emma Molina Theissen and the disappearance of her 14-year-old brother.
In Serbia, OHCHR organised and facilitated capacity building training sessions, including on topics of VaW and gender-based violence for Government officials.
In Colombia, OHCHR continued to strengthen its capacity to address sexual and gender based violence in conflict-affected areas, in the context of the Peace Agreement implementation. This included training sessions on the use of SGBV reference documents, such as the sexual violence case investigation manual and a practical guide to understanding the protocol to follow in the context of SGBV.
In the margins of CSW62 in March 2018, OHCHR organised a consultation bringing together international and regional women’s rights mechanisms to exchange experiences and practices in the protection and promotion of women’s rights. Another event was held on “Defending the Right to Life: Securing Accountability for Violence against Women and LGBTI Persons during Conflict” in support to the SR on summary extra judiciary killings.