A/HRC/23/49
diligence to address violence against women, it was suggested by the first Special
Rapporteur in 1999 that the following questions needed to be asked:
(a)
Has the State party ratified all the international human rights instruments
including the Convention on the Elimination of All Forms of Discrimination against
Women?
(b)
Is there constitutional authority guaranteeing equality for women or the
prohibition of violence against women?
(c)
Is there national legislation and/or administrative sanctions providing
adequate redress for women victims of violence?
(d)
Are there executive policies or plans of action that attempt to deal with the
question of violence against women?
(e)
Is the criminal justice system sensitive to the issues of violence against
women? In this regard, what is police practice? How many cases are investigated by the
police? How are victims dealt with by the police? How many cases are prosecuted? What
types of judgements are given in such cases? Are the health professionals who assist the
prosecution sensitive to issues of violence against women?
(f)
Do women who are victims of violence have support services such as
shelters, legal and psychological counselling, specialized assistance and rehabilitation
provided either by the Government or by non-governmental organizations?
(g)
Have appropriate measures been taken in the field of education and the media
to raise awareness of violence against women as a human rights violation and to modify
practices that discriminate against women?
(h)
Are data and statistics being collected in a manner that ensures that the
problem of violence against women is not invisible? 14
18.
The meaning of State responsibility to act with due diligence was further examined
by the second Special Rapporteur on violence against women in a 2006 report
(E/CN.4/2006/61, para. 19 ff). One of the primary problems she found was that the due
diligence standard focused primarily on violence against women as an isolated act and
failed to take into consideration the connections between violence and the violation of other
human rights, including general principles of gender equality and non-discrimination. She
also addressed the need to move away from a public/private dichotomy in viewing violence
against women. Her argument is that categorizing some forms of violence against women
as part of the private sphere tends to have a normalizing effect, and it makes States’
intervention seem to be different in such situations, as opposed to where there are “public”
incidents of violence.
19.
The previous mandate holder argued that principles of non-discrimination require
States “to use the same level of commitment in relation to prevention, investigation,
punishment and provision of remedies for violence against women as they do with regards
to other forms of violence” (ibid., para. 35). She noted that due diligence had until then
“tended to be limited to responding to violence against women when it occurs and in this
context it has concentrated on legislative reform, access to justice and the provision of
services. There has been relatively little work done on the more general obligation of
prevention, including the duty to transform patriarchal gender structures and values that
perpetuate and entrench violence against women” (ibid., para. 15).
14
6
E/CN.4/1999/68, para. 25.
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