A/HRC/41/42/Add.2
per cent of women who have experienced any type of physical or sexual violence choosing
not to seek help.25
I.
Protection orders
74.
The Special Rapporteur received some information on the limited possibility of
seeking protection orders in cases of domestic violence. She is concerned, however, that
such orders may not be effective and that the lack of awareness of this possibility among
women, as well as among officials from the newly formed justice committees, may hinder
their implementation.
J.
Emerging forms of violence against women
75.
Online violence against women and girls is an emerging issue, and the Special
Rapporteur recommends that the Government address this new form of violence against
women and girls as a form of gender-based violence interrelated with the broader
framework of discrimination and violence against women and girls. In this regard, she
refers the Government to her report on online violence against women (A/HRC/38/47).
VI. Conclusions and recommendations
76.
The Special Rapporteur commends the political will to address violence against
women as a national priority through legislative reform. She notes, however, that
there are numerous shortcomings, including the persistence of harmful practices that
contradict the new legal framework and are preventing the elimination of violence
against women and girls.
77.
On the basis of the above findings and in a spirit of cooperation and dialogue,
the Special Rapporteur offers the following recommendations, which should be
considered in conjunction with the relevant recommendations made by the Committee
on the Elimination of Discrimination against Women in October 2018 (see
CEDAW/NPL/C/CO/6).
78.
On the constitutional, legislative, judicial and institutional framework for
combating and preventing violence against women, the Government should:
(a)
Continue to reform legislation and ensure that the proposed
amendments to the Citizenship Act of 2006 eliminate any discriminatory provisions
against women, bringing it into line with article 9 (1) of the Convention on the
Elimination of All Forms of Discrimination against Women, and interpret the
constitutional provision on citizenship in accordance with article 9 (1) of the Nepal
Treaty Act of 1990, or revise it to bring it into line with article 9 (1) of the Convention
on the Elimination of All Forms of Discrimination against Women;
(b)
In line with the recommendations of the Committee on the Elimination
of Discrimination against Women, adopt comprehensive anti-discrimination
legislation that includes a definition of discrimination against women and
encompasses direct and indirect discrimination and multiple and intersecting forms of
discrimination in the public and private spheres, in order to provide a standard for
harmonizing laws related to the rights of women and the prevention of gender-based
violence against women. This could be done by taking the following steps:
(i)
Reviewing the Domestic Violence (Offence and Punishment) Act of 2009
and the Sex Discrimination Act of 1984 and adopting the special opportunity
bill and the ending violence against women bill in order to establish a
comprehensive legal framework for the prevention of violence against women,
and establishing appropriate integrated services for its implementation;
25
16
See www.dhsprogram.com/pubs/pdf/fr336/fr336.pdf.
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