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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 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.
OHCHR is currently engaged in the development of the UN policy on conflict-related sexual violence for peace operations.
In Ukraine, OHCHR jointly with UN Women led the drafting and finalisation of the UN Country Team Submission to the CEDAW Committee. It also participated in the consultations organised CSOs shadow reports to the CEDAW Committee. The Office thereby participated in the confidential briefing of the CEDAW committee, which led to the insertion of some of their recommendations in the Committee concluding observations – followed by the dissemination of the recommendations.
In 2017, OHCHR supported the elaboration by the CEDAW of General recommendation No. 35 on gender-based violence against women, updating general recommendation No. 19, including through the active participation of the Special Rapporteur on violence against women. Support was also provided for the development of global compact for safe, orderly and regular migration envisaged in the New York Declaration for Refugees and Migrants (A/71/1) of the General Assembly. Including during the Fifth Informal Thematic Session on “Smuggling of migrants, trafficking in persons and contemporary forms of slavery, held on 5 September 2017 in Vienna. Besides this, the SRVAW campaigned for the inclusion of the human rights aspects of possible victims of trafficking, especially women and children from among migrants and refugees, via high-level bilateral discussions.
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 assisted CEDAW (Committee on the Elimination of Discrimination against Women) and the CRC (Committee on the Rights of the Child) in elaborating joint General Recommendation No. 31/General Comment No. 18 on harmful practices and the update of General Recommendation 19 on violence against women.
OHCHR supported the Special Rapporteur on violence against women, its causes and consequences in producing thematic policy recommendations through her reports to the Human Rights Council (HRC) on 20 years of United Nations developments regarding VAW (A/HRC/26/38) and on closing the gap in international human rights law (A/HRC/29/27). Also her reports to the General Assembly on VAW as a barrier to the effective realization of all human rights (A/69/368) and on closing the gap in international human rights law (A/70/209).
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).
OHCHR has continued to support the Human Rights Council’s work on women’s human rights. OHCHR submitted various reports to HRC, including a report on early, child and forced marriages (A/HRC/26/22), a report on sexual and gender-based violence in the context of transitional justice (A/HRC/27/21), and a report on the implementation of the technical guidance on the human rights-based approach to preventable maternal mortality and morbidity (A/HRC/27/20).
In August 2014, OHCHR and UN Women launched the Latin American Protocol for the investigation of Gender-Motivated Killings of women, which provides guidance for investigations to comply with due diligence standards (promoted in Argentina, Colombia, Costa Rica, El Salvador, Panama, and Peru).