A/HRC/41/42
21.
The rise in authoritarianism, populism and fundamentalism have all had a negative
impact on efforts to eliminate violence against women and have been bolstered by an
increasing trend of denying and challenging international standards concerning women’s
human rights and gender-based violence. A growing wave of conservatism is also
threatening to renounce established women’s human rights norms and standards. At the
national level, some States are passing laws and by-laws restricting women’s rights, agency
and mobility, including State authorities permitting so called “morality police” to use
violence against women.
22.
Increased stigmatization and undue restrictions in relation to gaining access to
funding and resources for women’s non-governmental organizations (NGOs), combined
with increasing violations and reprisals perpetrated against women’s human rights
defenders, are shrinking civil society space and are set to threaten the considerable gains
achieved by those NGOs on the rights of victims of gender-based violence.
23.
In addition, digitalization and the use of new information and communications
technology has generated new forms of online violence against women. In her 2018
thematic report on online violence against women (A/HRC/38/47), the Special Rapporteur
warned that the use of information and communications technology without adopting
proper human rights-based approach could contribute to an increase in gender-based
discrimination and violence against women and girls. She recommended that States, in
accordance with the principle of due diligence, address new forms of online violence
against women and girls as human rights violations that are interrelated with the broader
framework of discrimination against women and girls, and that Internet intermediaries
uphold women’s human rights standards.
24.
At the sixty-third session of the Commission on the Status of Women, the SecretaryGeneral reflected on the aforementioned “pushback” movements against women’s rights
and called upon all States to “push back against the pushbacks and to continue pushing
back”. In response to that call, the Special Rapporteur initiated a joint statement with
members of the Platform of independent mechanisms on violence against women and
women’s rights.10
25.
Within that context, and as the mandate celebrates its twenty-fifth anniversary, the
Special Rapporteur considers that it is a key moment to reflect on the role of the mandate
with a view to ascertaining how it can address those challenges and assist States and other
stakeholders in addressing them.
B.
International legal framework on women’s human rights and violence
against women and the expanding role of the mandate
26.
Over the past 25 years, violence against women has come to be recognized as a
violation of women’s human rights and a form of gender-based discrimination. The struggle
by the women’s rights movement to persuade the international community to view
discrimination against women and gender-based violence against women as human rights
violations came about gradually and was reinforced by the evolution of the international
legal framework on women’s human rights and violence against women, including with
regard to domestic violence, along with the growing role of independent expert mechanisms
established to monitor its implementation, including the mandate of the Special Rapporteur,
as well as other relevant United Nations and regional mechanisms that contributed to such
developments.
27.
At the time of the Fourth World Conference on Women, held in Beijing in 1995,
many women’s human rights monitoring mechanisms had only recently been established,
including the mandate of the Special Rapporteur, and at that time some were only taking
their first steps. For example, the Committee on the Elimination of Discrimination against
Women had been in place for 13 years, while the mandate of the Special Rapporteur had
10
6
See www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=24380&
LangID=E.
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