A/HRC/4/3
page 23
80.
The independent expert is of the view that, in order to ensure a more reliable statistical
approach, the effort to standardize data collection (standard registration forms) should be
continued (improved definitions) and extended to the relevant institutions, including the police
and justice services.
81.
It should be emphasized that the above statistical estimates are only a partial reflection of
reality. The three main reasons for this are: (a) victims’ reluctance to speak out for fear of
reprisals, particularly in cases of gang rape; (b) a sense of shame that is hard to overcome;
(c) fear (particularly among teenage girls and young women) of the adverse consequences of any
publicity, and the fear of rejection by young people, especially in the cases of gang rape. To this
can be added the all too frequent passivity of the police, who are not sufficiently sensitive to the
seriousness of such incidents, while the victims’ safety is endangered by the aggressors’
vindictiveness. The independent expert recalls the example of Gonaïves: despite reported rapes,
none of the perpetrators was ever arrested in that town.
82.
It should be remembered that, faced with this situation, the Transitional Government had
adopted a national plan of action on violence against women, on which there appears to be
sufficient consensus in order to mobilize the energy needed to put it into effect.
B. Reforms concerning the status of women
83.
Important measures adopted on a provisional basis by decree of the Transitional
Government should be “legalized” forthwith. In any event, that is what the independent expert
strongly urges in order to prevent the constitutionality of these decrees - which represent a major
advance for which the Transitional Government deserves credit - from being contested in the
Court of Cassation. The decrees must therefore be submitted to Parliament in order to acquire
the force of law. They are as follows:
− The decree-law amending the Criminal Code, changing the classification of rape from
indecent assault to that of a serious crime carrying severe penalties ranging from
10 years’ to life imprisonment;
− The decree providing that a wife’s adultery is no longer an extenuating circumstance
when she and/or her partner is murdered by her jealous husband;
− More generally, the decree repealing the articles of the Criminal Code concerning
adultery.
84.
On 4 September 2006, the Ministry for the Status of Women and Women’s Rights
submitted to the Government three preliminary bills designed to improve the status of women in
the following areas: partial decriminalization of abortion (see para. 86 below) on medical
grounds, and in cases of rape and incest; admissibility of paternity proceedings; and regulation of
the status of concubines (plaçage) and domestic work.
85.
In addition to these reforms, the independent expert once again draws the authorities’
attention to the plight of women who become pregnant as a result of rape and, beyond that, to the
harmful consequences, in terms of public health, of the tragedy that underlies clandestine
abortions (E/CN.4/2006/115, paras. 17-22).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents