A/HRC/26/38
solutions. She recommended that State responsibility to act with due diligence be
considered as a dual obligation: (a) as a systemic responsibility, whereby States create
responsive and effective systems and structures that address the root causes and
consequences of violence against women; and (b) as an individual responsibility, whereby
States provide victims with effective measures of prevention, protection, punishment and
reparation. The Special Rapporteur recommended that accountability of perpetrators, as
well as State authorities, for failure to protect from, and prevent, harm should be the norm.
58.
In her 2011 report (A/HRC/17/26), the Special Rapporteur noted a continuing lack
of response to multiple and intersecting forms of discrimination, both inter- and intragender, and its nexus with violence. She noted how the lack of attention to intersectionality
not only inhibits policymakers from assessing inequalities between women and men, but
also inhibits their ability to assess how differently positioned women experience
discrimination and violence. The Special Rapporteur considered how violence is contingent
on women’s material conditions, individual attributes and social locations, and
recommended a holistic approach that addresses systematic discrimination and
marginalization. The holistic approach is based on the notion that, unless women can
achieve economic independence and be empowered socially and politically, the realization
of all human rights will remain abstract.
59.
In her 2012 report (A/HRC/20/16), the Special Rapporteur addressed the topic of
gender-related killings of women, which she considered as representing the ultimate act of
violence, and not as a separate and isolated act. The manifestation of gender-related killings
is located within certain social, political and economic contexts. The Special Rapporteur
examined such manifestations by referring to patterns of individual, structural and
institutional inequalities and discrimination, and from the perspective of a continuum of
violence approach, thereby challenging cultural-relativist arguments and other justifications
which permit such acts of violence, and condemning the impunity which prevails in many
contexts.
60.
The holistic approach to women’s rights, by situating violence against women on a
continuum from the home to the transnational sphere, has been further developed by the
Special Rapporteur in her reports to the General Assembly, such as her 2011 report
(A/66/215). In that report, she recommended that States engage in transformative remedies
to confront the root causes of violence against women, in order to achieve individual,
institutional and structural change. In her 2012 and 2013 reports to the General Assembly,
the Special Rapporteur dealt with two issues that had not been specifically addressed in
previous thematic reports, namely, violence against women with disabilities37 and violence
with respect to the incarceration of women.38 Both reports provide a clear illustration of
how violence against women intersects with other factors, including different forms of
inequality and identity status, such as poverty, health, race, ethnicity, sexual orientation,
religion and language.
G.
Continuing challenges
1.
State responses – the shift to neutrality
61.
Violence against women is a systemic, widespread and pervasive human rights
violation, experienced largely by women because they are women. The concept of gender
neutrality is framed in a way that understands violence as a universal threat to which all are
37
38
16
A/67/227.
A/68/340.
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