A/HRC/23/49
The format of the consultations included a broad overview of the mandate of the Special
Rapporteur on violence against women, and of the theme of the State responsibility to act
with due diligence, a discussion on country case studies and, lastly, general discussions on
the implementation of the due diligence standard in the participants’ respective countries.
Participants discussed legal, policy and institutional challenges at the national level in the
application of the due diligence standard and the identification of good practices and
lessons learned in different countries of the region.
46.
To differing degrees, all State responses reflect a focus on legislative and policy
developments. Highlighted below are a few areas as reflected in the responses received
from States; some of the concerns articulated in civil society responses/contributions, as
well as in the regional consultations; and information from country missions that the
Special Rapporteur conducted.
1.
Legislation
47.
States have amended or passed new laws at the criminal and civil law levels, either
relating to gender equality in general with violence against women as one aspect, or
specific laws on violence. The latter laws use a range of terminology and are applicable to
family violence, domestic violence, intimate partner violence, trafficking, sexual violence,
and female genital mutilation respectively. Most responses reflect developments in the
sector of domestic violence, both civil and criminal law remedies, and trafficking. The
trend towards gender neutrality in laws, as well as a shift in focus from violence against
women specifically, is visible in developments in some countries. Also, law reform
initiatives do not necessarily reflect international law developments, whether in respect of
equality, non-discrimination, or bodily integrity rights, among others. Despite the existence
of laws, reporting, prosecution and conviction rates remain low for acts of violence against
women.
2.
National strategies and action plans
48.
The development of national strategies and action plans is also common across
regions, with domestic violence and trafficking being the focus of most such measures.
Some States lack a strategy or plan on violence against women, but have a strategy/plan on
gender equality which includes violence against women. There is generally a lack of
information and awareness on the importance of a holistic approach in respect of policy
frameworks that address all forms of violence against women in an overarching manner,
with specificity then emanating from the larger focus. Also, the achievement of
complementary and mutually reinforcing protection and prevention measures, which take
into account multiple and intersecting forms of discrimination and the consequences
thereof, are not reflected in such strategies and plans.
49.
The lack of information on monitoring and evaluation processes and outcomes in
respect of strategies/plans was the norm in State responses. Concerns by civil society
organizations include: the existence of strategies without implementation plans; plans that
do not set out the responsibility of different State agencies, benchmarks, timelines and
budget allocations; the lack of adequate funding and specialized staffing for the
implementation of such strategies and plans; the dependence on donors for funding for the
implementation of plans; the lack of public education campaigns to generate information
and knowledge about such strategies/plans; the lack of research on the effectiveness of such
measures; and the lack of coherence and sustainability. While the Special Rapporteur
encountered encouraging examples of joint protocols of action, referral systems and
multidisciplinary mobile teams, adequate coordination among State service providers and
between them and non-State services continues to be a main challenge. Also, the lack of
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