A/HRC/26/38
diligence to eliminate violence against women. State responsibility to act with due diligence
entails, inter alia, responding effectively to violence, ensuring gender equality frameworks,
promoting attitudinal change, proactively ensuring women’s participation in decisionmaking and undertaking programmes with a strong focus on promoting women’s
empowerment and agency.
4.
Lack of transformative remedies which address the root causes of violence against
women, including individual, institutional and structural aspects
65.
Transformative remedies require that the problem of violence against women is
acknowledged as systemic and not individual; and that this requires specific measures to
address it as a gender-specific human rights violation. In her 2011 report, the Special
Rapporteur articulated a gender-specific and holistic framework, including protection,
prevention and empowerment approaches. Responses in laws, policies and programmes
require that the historical, current and future realities of the lives of women be taken into
account through a lens of indivisibility and interdependency of rights. Compromising the
resources available to women’s groups for service provision and advocacy, including
through the prioritizing of men’s groups, undermines transformative change efforts.
66.
A more recent challenge is the creation of hierarchies of violence against women,
especially through political and funding actions. This is particularly evident in the
articulation of sexual violence in conflict situations as being different and exceptional, as
opposed to it being a continuation of a pattern of discrimination and violence that is
exacerbated in times of conflict — as reflected in recent armed conflict situations. The
prioritizing of this manifestation of violence has led to numerous concerns, including a shift
away from an understanding of violence against women as both gendered and as part of a
continuum of violence; a shift in resources, in some instances, despite the need to address
all manifestations of violence, including at the national level; a shift in focus by some
United Nations entities; and the effect of donor-driven priorities in this process. The views
of many women’s rights defenders is that these shifts have led to “privileging” the
manifestation of violence against women in conflict situations, to the detriment and
ignoring of the low-level “warfare” that women and girls experience in their homes and
communities on a daily basis.
5.
Financial crisis, austerity measures and cuts in social services spending
67.
The Special Rapporteur is deeply concerned about the weakening of the women’s
rights sector due to funding cuts for core service provision, including legal, policy and
advocacy work. Cuts in funding to NGOs, as a form of reprisal against the work of women
human rights defenders, is also of concern. This issue has been raised in numerous reports
of treaty bodies and NGOs.
6.
Lack of a legally binding instrument
68.
The Special Rapporteur has highlighted that a normative gap exists at the
international level. The lack of a legally binding instrument on violence against women
precludes the articulation of the issue as a human rights violation in and of itself,
comprehensively addressing all forms of violence against women and clearly stating the
obligations of States to act with due diligence to eliminate violence against women. There
are many “soft law” documents that address the issue, including the Vienna Declaration and
Programme of Action, the Declaration on the Elimination of Violence against Women, the
Beijing Declaration and Platform for Action, and general comments and recommendations
of treaty bodies. However, although soft laws may be influential in developing norms, their
non-binding nature effectively means that States cannot be held responsible for violations.
18
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents