A/HRC/41/42
only been established the year before. However, since that Conference, they have
developed expertise and adopted effective working methods to examine implementation
gaps and recommend measures for the elimination of violence against women. Today, the
role of the mandate of the Special Rapporteur and other independent monitoring
mechanisms should not be underestimated, as they play a vital monitoring role and are an
integral part of the whole international framework on women’s human rights and violence
against women. They have all been entrusted with addressing the human rights obligations
of States parties, including the due diligence obligation to prevent and combat violence
against women and girls.
28.
For that reason, the 25-year review of the Beijing Declaration and Platform for
Action, and other relevant reviews, should also include an assessment of the indispensable
role that the Special Rapporteur and other independent monitoring mechanisms have in
implementing the Beijing Declaration and Platform for Action and other relevant agendas.
29.
The current international legal framework on women’s human rights and violence
against women, under which the mandate operates, is composed of several international
instruments.
30.
Although not legally binding, the Declaration on the Elimination of Violence against
Women, adopted by the General Assembly in 1993 in its resolution 48/104, provided the
first global framework for analysis, as well as practical steps for action on violence against
women at the national and international levels. In the Declaration, the Assembly recognized
that violence against women is “a manifestation of historically unequal power relations
between men and women” and provided a definition of violence against women. It also
called upon States to include, in submitting reports as required under relevant human rights
instruments of the United Nations, information pertaining to violence against women and
measures taken to implement the Declaration.
31.
The Vienna Declaration and Programme of Action, adopted at the World
Conference on Human Rights, reaffirmed that the human rights of women and of the girl
child are an inalienable, integral and indivisible part of universal human rights, and called
for the creation of a special rapporteur on violence against women. A year later, in 1994,
the mandate of the Special Rapporteur was established.
32.
In 1995, the Fourth World Conference on Women reaffirmed the conclusions of the
World Conference on Human Rights, and identified violence against women as one of the
12 areas for priority action. In paragraphs 124 (r) and (s) of the Declaration, States were
urged to “cooperate with and assist the Special Rapporteur of the Commission on Human
Rights on violence against women in the performance of her mandate and furnish all
information requested” and to “renew the mandate of the Special Rapporteur on violence
against women when her term ends in 1997 and, if warranted, to update and strengthen it.”
33.
The Convention on the Elimination of All Forms of Discrimination against Women
was adopted by the General Assembly in 1979 in its resolution 34/180. It was the first
United Nations instrument on the human rights of women and as such was the first one to
recognize “women’s rights as human rights”. The Fourth World Conference on Women
also reaffirmed the Convention and called for the elaboration of an optional protocol thereto.
It also strengthened the role of the Committee by requesting it to evaluate progress in the
implementation of the Platform for Action through the State party reporting process. At the
time of the Conference, the Committee had already adopted its general recommendations
No. 12 (1989) and No. 19 (1992) on violence against women, in which the Committee
recognizes violence against women as a form of discrimination in accordance with article 1
of the Convention. At that time, the work of the Committee was not as visible as it is today.
When it began its work in 1982 in Vienna, the Committee held only one session per year.
As more States became parties to the Convention,11 the Committee expanded that number
to two sessions per year and, in 2007, pursuant to Assembly resolution 62/218, three
sessions per year, with a one-week pre-sessional working group for each session, and three
annual sessions of the Working Group on Communications, under the Optional Protocol to
11
The Convention currently has 189 States parties.
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