A/HRC/26/38
work on the intersections between culture and violence. In her reports she also addressed
the political economy of women’s human rights and the development of effective
implementation and enforcement strategies, including by exploring the utility of the due
diligence standard for enforcing State responsibility30 and the development of indicators on
violence against women and State responses.31 The Special Rapporteur suggested that
advocacy and policy and justice initiatives could be strengthened at the national and
international levels. This would require systematic measurement and reporting of levels of
violence, social tolerance, State responsiveness, institutional action and protection
measures.32
55.
The Special Rapporteur’s reports between 2004 and 2009 consistently reiterate
discussions of women’s economic, social and cultural rights, and how the denial of these
rights contributes to discrimination and violence against women. She also evaluated
relations of power and the cultural relativist arguments that purport to excuse culturally
motivated violence.33 While condemning the cultural relativist discourse as legally
impermissible34 and acknowledging growing concerns about polarized power structures
between the global North and South, the Special Rapporteur recommended engagement in
cultural negotiations to challenge discriminatory and oppressive behaviour and encouraged
local support for discourses on the universality of human rights.35 By situating women’s
human rights within a neo-liberal political context, the Special Rapporteur, in her final
report in 2009, raised concerns about the disconnect between the way States view violence
against women and how they address gender inequality in general.36 Noting that women do
not share equal social and economic rights with men, nor have equal access to productive
resources, she articulated how capital markets exacerbate women’s social and political
inequality in a way that impacts their health rights; food and water security; education and
housing; livelihoods and labour markets; migration; and conflict, peace and nationbuilding..
56.
The current Special Rapporteur assumed her functions in August 2009 and has
continued to build on the work of her predecessors, especially with regard to the themes of
intersectionality and State responsibility, while investigating less mainstream aspects of
violence against women, such as, reparations for victims of violence; the continuum of
violence from the home to the transnational sphere; gender-related killings of women;
violence against women with disabilities; and the issue of violence and incarcerated
women. In her reports, the Special Rapporteur generally further develops the principle of
State responsibility to act with due diligence as a legal framework for the elimination of
violence against women, and notes the gap between the normative acceptance of State
responsibility for violence and the practical reality for women seeking redress.
57.
In her 2010 report (A/HRC/14/22), the Special Rapporteur considered the
shortcomings of the due diligence standard in respect of reparations for women who have
experienced violence, whether in times of peace, conflict, post-conflict or in authoritarian
settings. In her 2013 report (A/HRC/23/49), the Special Rapporteur further deepened the
theme of State responsibility to eliminate violence against women and concluded that,
while most States accept that violence against women is a pervasive and systemic human
rights violation facing countries, this has not led to the adoption of coherent and sustainable
30
31
32
33
34
35
36
E/CN.4/2006/61.
A/HRC/7/6 and A/HRC/7/6/Add. 5.
A/HRC/7/6.
A/HRC/4/34, para. 56.
Ibid.
Ibid., para. 37.
A/HRC/11/6.
15
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