A/HRC/41/42/Add.2
65.
Violence against women disproportionately affects women and girls who face
intersecting and multiple forms of discrimination, such as Dalit women, indigenous women,
including Madhesi, Tharu and Badi women, lesbian and bisexual women and transgender
and intersex persons, women from religious minorities, women with disabilities, women
living in remote areas, single women (widows), women affected by leprosy and women
human rights defenders.
66.
In the new Constitution of 2015, the rights of all castes, races and ethnicities were
enshrined under fundamental rights. Through the adoption of the Caste-based and Other
Social Untouchability and Discrimination (Offence and Punishment) Act of 2011, the rights
of Dalit and other women discriminated against on the basis of caste were further protected,
while the Government has also established policies to combat untouchability through social
inclusion. Despite the commendable legal provisions, Dalit women continue to face
multiple forms of discrimination, including exclusion through customary provisions of
caste institutions on the basis of the notion of purity and pollution, patriarchal attitudes and
gender discrimination. As a result of such exclusion and discrimination, they endure
extreme forms of poverty, humiliation and the denial of social and economic rights. 19 Their
vulnerable economic status, combined with the patriarchal values, exposes them to various
forms of violence.
67.
Indigenous women experiencing family violence are one of the most marginalized
and disadvantaged groups in society. The causes of the overrepresentation of indigenous
women in rates of family violence are complex and intersectional, as such women face
multiple and intersecting forms of discrimination on the grounds of gender and race. In
addition to sexism and racism, indigenous women also face class-based discrimination,
owing to their low socioeconomic status, and social exclusion in regional or remote
geographical locations. Those forms of discrimination and exclusion create extremely
difficult social conditions and manifest themselves in an alarmingly high prevalence of
violence against indigenous women, who continue to experience higher rates of domestic
and family violence and more severe forms of such violence as compared with other
women.
68.
Although violence against persons with disabilities is prohibited under the Human
Rights for Persons with Disabilities Act of 2017, the legislative process has not yet been
successful in the prevention or the reduction of violence. In 2018, the Committee on the
Rights of Persons with Disabilities expressed concerns “about the reportedly high number
of cases of sexual violence and abuse of women and girls, including cases of gang rape of
women and girls with disabilities, and that some cases remain unreported”
(CRPD/C/NPL/CO/1, para. 11). The Special Rapporteur received reports that women with
psychosocial disabilities faced significant obstacles to obtaining access to justice. The
prevalent practice of restricting the exercise of legal capacity makes it impossible for such
women to initiate or participate in legal proceedings on their own behalf, and public
officials, because of their prejudices, tend to doubt the credibility of the testimonies of such
women. Women and girls with disabilities face additional obstacles to leaving situations of
family violence. They often live in a circle of poverty, violence and homelessness. Service
providers are also often slow to react to financial abuse by family members. Furthermore,
on the basis of the information received and the shelters visited, the Special Rapporteur
noted that there is a lack of culturally sensitive accessibility for disabled women.
69.
Through her interactions with members of the lesbian, bisexual, transgender and
intersex community, the Special Rapporteur learned that, despite progressive legislation,
the prevailing stigma, family pressure and traditional social expectations in Nepalese
society have led to continuing discrimination on the basis of sexual orientation. Lesbian and
bisexual women and transgender and intersex persons experience discrimination in all
aspects of their lives, including in the home, at work and in the health-care and education
sectors. The Special Rapporteur is concerned at reports suggesting the use of “corrective
rape” and reports of violence allegedly perpetrated by police officers, including verbal
19
14
See https://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/
NPL/INT_CEDAW_CSS_NPL_32516_E.pdf.
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