A/HRC/41/42
37.
In its resolution that established the mandate, the Commission on Human Rights
instructed the Special Rapporteur to cooperate closely with the Committee. Over the years,
that cooperation has been somewhat challenging, primarily owing to the differing scope of
both mandates, as well as the lack of institutional and substantive cooperation between
them. Financial constraints have also had a limiting effect on developing such cooperation.
The relationship was further challenged through repeated calls for a separate convention on
violence against women and the evaluation of its feasibility over the past 20 years,
including through the findings of the former mandate holder, Rashida Manjoo, in her report
to the Human Rights Council in 2015 (A/HRC/29/27), in which she called for a new
international instrument to address the issue. The current mandate holder continued the
assessment of her predecessor and submitted to the General Assembly a report on the
adequacy of the international framework on violence against women (A/72/134). That
report was based on answers received from 300 stakeholders, including regional
mechanisms on women’s rights and violence against women, and concluded that, within the
current context, the focus should be on the implementation of existing instruments, while a
long-term solution could be explored through the adoption of an optional protocol to the
Convention on the Elimination of All Forms of Discrimination against Women that could
provide further legally binding provisions on the right of women and girls to live a life free
from violence.
38.
The process of evaluating the international framework on violence against women
prompted the Committee to update its landmark general recommendation No. 19. In that
regard, the Special Rapporteur was invited by the Committee to collaborate in the
development of a new general recommendation and, as such, she participated in the
elaboration and adoption of general recommendation No. 35 (2017) on gender-based
violence against women, updating general recommendation No. 19. That was the first
example of such formal collaboration between a treaty body and a special procedure
mandate holder.
39.
In its general recommendation No. 35, the Committee acknowledged the Special
Rapporteur’s contribution to the document’s creation, as well as her work in the
implementation of her mandate and the Convention. It also recognized that the prohibition
of gender-based violence against women had evolved into a principle of customary
international law and, as such, was binding on all States. It also provided an updated road
map for preventing and combating violence against women.
40.
Unfortunately, general recommendation No. 35, which provides the most advanced
standards on violence against women and provides an updated road map for preventing and
combating violence against women, has had limited dissemination within the United
Nations system and beyond.
41.
Although the Committee has increased references to violence against women in its
work, its reporting guidelines do not cover it sufficiently, while the time allocated to the
issue during country review sessions is inadequate. In that regard, and in line with the
framework of cooperation developed between the Special Rapporteur and the Committee,
the establishment of a standing working group on violence against women within the
Committee would be an important step to contributing to its elimination.
42.
In addition to the mandate of the Special Rapporteur, a number of other special
procedure mandate holders have incorporated a gender perspective into their work over the
years, with some having focused specifically on the issue of violence against women. The
Working Group on the issue of discrimination against women in law and in practice was
established in 2010 and, in addition to addressing discrimination against women, it also
considers violence against women in a variety of settings and contexts.
43.
In 2016, the Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment assessed the applicability of the prohibition of torture and other
cruel, inhuman or degrading treatment or punishment in international law to the unique
experiences of women, girls and other groups (A/HRC/31/57). The Special Rapporteur on
violence against women, its causes and consequences was invited to contribute to that
report and to participate in its launch presentation.
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