Support for Legislative Development
UN Women, in collaboration with the Jordanian National commission for Women(JNCW), held a roundtable meeting on “Jordan-Morocco sharing of experience on the criminal prosecution of rapists “in May 2016 in Amman, Jordan, at which 11 Jordanian parliamentarians as well as Moroccan parliamentarians exchanged views and experience with regards to the current amendments of the Penal Code. The Moroccan parliamentarians have explained the process they went through of reviewing the penal code over two years and then abolishing article 475 (similar provisions to 308) completely after one female minor “Amina” committed suicide for being forced to marry her rapist. At the end of the session, the Jordanian parliamentarians were equipped with knowledge on how to move forward on the abolishment of article 308 of the penal code.
In Georgia, UN Women supported the Domestic Violence Council to harmonize legislation with the Istanbul Convention and draft a governmental decree to institutionalize the gender equality mechanism within the executive branch of the government. Planned legislative amendments will enhance the Domestic Violence Law to reflect other forms of violence against women, include protective orders, criminalize stalking and female genital mutilation, and align the concept of rape with international standards.
In Viet Nam in 2016, UN Women supports Legal Aid Department of Ministry of Justice to build a legal aid system sensitive to the needs of VAW survivors. This includes 1) technical assistance to legal drafters of the amended Legal Aid Law and to develop joint UN recommendations together with UNDP, UNICEF, UNODC, UNAIDS, highlighting gaps with international normative frameworks; and 2) support to develop a guideline for legal aid providers, reflecting the legislative changes of the criminal laws in 2015 and promoting gender-sensitive and survivor-centred response based on international standards. Materials developed through the support to Judicial Academy and UNODC's handbook for legal aid providers on domestic violence cases will be utilized for this purpose.
UN Women has been instrumental in ensuring that the Prevention against Domestic Violence Bill was adopted by the national Parliament in Kenya. This was a significant achievement, since Kenya previously did not have a specific law for prevention and response to domestic violence.
In Vietnam, UNODC supported the revision of the penal code and penal procedure code, promoting the incorporation of relevant international standards and norms, especially concerning violence against women. Similarly, With UN Women, UNODC conducted a gap analysis of Viet Nam's Penal Code and Criminal Procedure Code providing research findings and key UN joint recommendations for strengthening effective responses to violence against women to the National Assembly.
UNFPA works with key stakeholders to address inadquacies in national legislation in the vast majority of its 124 Country and Sub-Regional Offices. As much as 93 percent of UNFPA Country Offices are involved in the drafting of national legislation on VAW. In 2015, the UNFPA-UNICEF Joint Programme on Female Genital Mutilation and Cutting (FGM/C) succeeded in assisting the governments and parliaments of Nigeria and Gambia on enacting specific national legislations on FGM/C. The “Violence Against Persons Prohibition Act” was adopted in Nigeria and an amendment was made to the “Women’s Act of 2010” in The Gambia.
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).
In Myanmar, UNODC provided inputs to bring legislation related to violence against women and drug control into line with international standards and norms.
WHO conducts review and evidence-based advocacy with groups such as the Interparliamentary Union that works with parliamentarians on topics such as child, early and forced marriage and sexual reproductive health in order to get them more engaged in legislation related to this issue. WHO conducted a review of legislation on child, early and forced marriage in the Asia-Pacific Region and also collaborated with the parliament of Bangladesh to develop legislation on child, early and forced marriage in 2015.
Throughout the period 2014 to 2016, ESCWA has delivered relevant advisory services on VAW legislation to three Member States. In June 2014, ESCWA provided support to the adoption of new legislation on violence against women in Egypt. ESCWA supported national efforts to enact legislation on VAW in Egypt by co-organizing a workshop to present the UN Model Law on Violence against Women and related international instruments. This workshop targeted senior officials from the Egyptian Ministry of Justice, the Ministry of Interior and members of the National Council for Women, as well as service providers and practitioners. The workshop allowed participants to share experiences and lessons learned. In December 2014, ESCWA provided advisory services to Tunisia to discuss the draft law to combat Violence against Women and Girls.