A/HRC/26/38
Rapporteur, a 15-year review of the mandate was conducted. The review22 provides a
comprehensive overview and analysis of the functioning of the mandate from 1994 to 2009.
As stated in the review, in addition to the issues covered in the thematic reports, the
mandate has dealt with several other issues that have been subsumed in the annual reports,
country mission reports and communications to governments, including issues relating to
health rights, including sexual and reproductive rights; women refugees and asylum
seekers; national institutional mechanisms; as well as various aspects of implementation
challenges. The mandate holders over that period highlighted in their reports that, despite
advances in the creation of tools to enable and enhance compliance, lack of compliance and
implementation continues to pose a serious challenge.
52.
The annual thematic reports produced between 1994 and 2003 were closely aligned
to conceptual developments of the objectives set in the resolution by which the mandate
was established. Those reports focused on different manifestations of violence, its causes
and consequences, including violence in the family; in the community; perpetrated or
condoned by the State, including in times of armed conflict; and violence in the
transnational arena. The reports expanded the scope of the mandate to consider the
intersection and continuum of violence in the private and public spheres, with a particular
focus on race, ethnicity, culture, migration, trafficking and economic empowerment. The
mandate holders highlighted how traditional law and order approaches to violence, coupled
with ineffective and discriminatory policing and gender-biased court and sentencing
processes, prevent women from accessing justice and obtaining effective redress.
53.
The first Special Rapporteur recommended that States criminalize and prosecute all
manifestations of violence against women, including violence perpetrated under the guise
of cultural practices,23 and called for greater State responsibility for the protection of
trafficked women and the prevention of forced or coerced migration.24 She also called for a
more expansive approach that sees violence against women as a “health, legal, economic,
developmental and human rights problem”,25 examined the issue of legal protections and
remedies for violence against women perpetrated in situations of armed conflict;26 and
called for the inclusion of gendered provisions and processes in the International Criminal
Court.27 In her final report, in January 2003, the first Special Rapporteur stated that the
greatest achievements during her mandate had been in “awareness-raising and standardsetting”,28 including with regard to the limitations of the criminal justice framework, and
setting new standards for addressing violence as a product of social, political and economic
inequality. However, she acknowledged that, despite these successes, very little had
changed in the lives of most women during her tenure.29
54.
In her first report in 2004 (E/CN.4/2004/66), the second Special Rapporteur
articulated the main objectives of her tenure as ensuring effective protection of women’s
rights and equal access to justice for women; monitoring the effectiveness of strategies to
end violence against women; and ensuring that accountability mechanisms are accessible to
women seeking redress. In addition to focusing on the issue of the intersectionality of
violence against women and HIV/AIDS in 2005, the Special Rapporteur conducted further
22
23
24
25
26
27
28
29
14
“15 years of the United Nations Special Rapporteur on violence against women, its causes and
consequences (1994-2009): a critical review” (A/HRC/11/6/Add.5).
E/CN.4/2002/83.
E/CN.4/2000/68.
E/CN.4/1996/53, para. 132.
E/CN.4/2001/73.
E/CN.4/1998/54.
E/CN.4/2003/75, para. 71.
Ibid., para. 77.
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