A/HRC/15/40
discrimination against women and the resulting protection gaps.24 It was launched at an
event on 4 April 2008 to which all Member States were invited.
A.
Special procedures
29.
The Commission on Human Rights and the Human Rights Council have taken up
discrimination against women within a focused and explicit human rights framework and
sought to give sex equality a higher priority by the establishment of mechanisms that focus
on sex-specific or gendered violations of human rights, as well as by calling for integration
of sex-specific violations and gendered dimensions of rights in all procedures and
mechanisms. The first major example of this was the establishment of a dedicated Special
Rapporteur on violence against women, but the Commission on Human Rights was
concerned to strive for integration of violations of women’s rights throughout its work. In
1994, the Commission called upon “all special rapporteurs, experts, working groups, treaty
bodies, and other mechanisms of the Commission and the Sub-Commission, in the
discharge of their mandates, regularly and systematically to include in their reports
available information on human rights violations against women”.25 The Commission
subsequently repeated this injunction26 and included in the mandates of individual
mechanisms a request that the position of women in relation to violations that fall within
that mandate be taken into account. The Council, in renewing or establishing special
procedures mandates, has included a standard request that the mandate holders integrate a
gender perspective or give appropriate attention to the position of women and girls.27
30.
It is relevant to assess the extent to which special procedures have identified laws
and practices that discriminate against women within the scope of their mandates, whether
they have been able to undertake sustained examination of these instances, and whether that
has led to action to address those problems. The following non-exhaustive examination
exemplifies instances in which special rapporteurs have examined laws and practices that
discriminate against women and the extent to which they have been able to follow through
on these issues.
31.
The Special Rapporteur on violence against women has drawn attention on a regular
basis to the role that discriminatory laws play in perpetuating violence against women or
standing in the way of some form of redress for women affected by violence, and the need
for sound laws that are effectively enforced. She has also drawn attention to the impact of
laws outside the areas of criminal law or domestic violence laws, that place women in
situations in which they may be more exposed to violence, and has made a number of
recommendations as to the content of legislation that States should enact in order to prevent
and punish violence against women.
32.
A number of other special procedures have also addressed the position of women
and girls. In his 2007 report to the Council the Special Rapporteur on torture and other
cruel, inhuman or degrading treatment or punishment examined the application of the
prohibition against torture as it related to women, as part of an effort “to ensure that the
torture protection framework is applied in a gender-inclusive manner with a view to
strengthening the protection of women from torture”.28 Included in that examination was
consideration of intimate partner violence and the role of law in perpetuating and
24
25
26
27
28
Available at: http://www2.ohchr.org/english/issues/women/documentation.htm.
Commission on Human Rights resolution 1994/45, para 18.
See, for example, Commission on Human Rights resolution 2002/50, para 17.
See, for example, resolutions 7/22, para 2(d) and 6/30.
A/HRC/7/3, para 26
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