A/HRC/41/42
57.
There is no legally binding convention on women’s rights and violence against
women in Asia. In 2010, the Association of South-East Asian Nations (ASEAN)
established the ASEAN Commission on the Promotion and Protection of the Rights of
Women and Children. The two most important ASEAN documents on violence against
women are the ASEAN Declaration on the Elimination of Violence against Women (2004)
and the Declaration on the Elimination of Violence against Women and the Elimination of
Violence Against Children in ASEAN (2013). In 2016, ASEAN adopted a regional plan of
action on the elimination of violence against women that outlines ASEAN member States’
obligations in realizing their goal of eliminating violence against women in the region and
provides practical guidance on implementing the aforementioned Declaration.
C.
Evolution of the mandate: from standard-setting to consolidation and
implementation strategies
58.
The Special Rapporteur is mandated to seek and receive information on violence
against women, its causes and consequences from Governments, treaty bodies, specialized
agencies, other special rapporteurs responsible for various human rights questions and
intergovernmental and non-governmental organizations, including women’s organizations,
and to respond effectively to such information and recommend measures, ways and means
at the local, national, regional and international levels to eliminate all forms of violence
against women and its causes, and to remedy its consequences.
59.
In that context, the Special Rapporteur also transmits urgent appeals and
communications to States regarding alleged cases of violence against women. Most of the
communications issued by the mandate holder have been prepared jointly with one or more
special mechanisms. At present, there is limited possibility to follow up and monitor
developments in individual cases.
60.
The Human Rights Commission regularly extended the mandate until 2008, when
the mandate was subsequently renewed by the Human Rights Council in its resolution 7/24.
In that resolution, the Beijing Declaration and Platform for Action was included in the legal
framework under which the mandate operates. The Council renewed the mandate in 2011 in
its resolution 16/7 and invited relevant civil society actors to give consideration to the
prevention and elimination of all forms of violence against women and girls in their
respective work and to cooperate with and assist the Special Rapporteur in the fulfilment of
the mandate. The mandate was renewed in 2013 in Council resolution 23/25, in which the
Council paid particular attention to the issue of sexual violence in conflict situations.
61.
The mandate was most recently renewed by the Council in 2016 in its resolution
32/19, in which the Council encouraged regular consultations by the Special Rapporteur
with, inter alia, the Commission on the Status of Women, the World Health Organization,
UN-Women, the United Nations Population Fund and the Statistics Division of the United
Nations on the issue of disaggregated data on violence against women and effective ways
of advancing the elimination of violence against women. To date, there has been limited
interaction between the mandate and those entities, and the suggested consultations have
yet to take place.
62.
The aforementioned resolutions established the holistic and inclusive scope of the
mandate and, to date, four mandate holders have been appointed and have contributed to its
evolution over the past 25 years. During that time, the mandate has become a visible,
respected and credible women’s human rights mechanism to guide States, civil society
actors, the international community and other relevant stakeholders on the elimination of
violence against women, its causes and consequences. However the Special Rapporteur
believes that the full potential of the mandate has not been fully realized, owing to the lack
of a United Nations system-wide response to violence against women, and because of the
limited follow-up mechanisms available for implementation of mandated thematic and
country specific recommendations and communications, as well as limited budgetary and
financial resources to support the mandate and its initiatives.
63.
The mandate has continuously evolved over the years through the above-mentioned
resolutions and the work of the respective mandate holders. The first Special Rapporteur,
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