A/HRC/20/16
its resolution 17/19, requested the United Nations High Commissioner for Human Rights to
present a study documenting discriminatory laws and practices and acts of violence against
individuals based on sexual orientation and gender identity.
B.
Some national practices
94.
States have sought to comply with their due diligence obligation to prevent violence
against women through the adoption of specific legislation, the development of awarenessraising campaigns, and the provision of training for professional groups, including the
police, prosecutors and members of the judiciary. 165 Many States have adopted national
plans of action on violence against women in an effort to coordinate activities between and
within government agencies and to take a multisectoral approach to prevent violence.
95.
In Afghanistan, the Law on Elimination of Violence against Women broadly
criminalizes violence against women broadly. Despite this, cases of gender-based killings
and other serious crimes against women are still being prosecuted under the Penal Code
instead of under the new law.166 This is resulting in acquittals of perpetrators, the reduction
of charges to less serious crimes, convictions with lighter sentences and women victims
themselves being accused of ―moral crimes‖.167 Also, article 398 of the Penal Code
mitigates penalties for murder if the victim is a close relative caught in the act of
committing adultery, and the killing was not premeditated. 168
96.
Legislative advances have been made by Lebanon regarding honour crimes. In
August 2011, Lebanon repealed article 562 of its Criminal Code. That article had mitigated
the sentences of people who claimed they killed or injured their wife, daughter or other
relative to protect the family honour. 169 The Lebanese courts almost invariably refused to
accept the alleged notion of honour to justify these crimes, and article 562 was rarely used
by the judges.170 Nevertheless, women‘s organizations in Lebanon argued that enacting a
comprehensive law for the protection of women from family violence was an effective
strategy to prevent killings of women in the first place. 171
97.
In 2010, the government of British Columbia established the Missing Women
Commission of Inquiry, to conduct fact-finding missions and police investigations with
regard to reports of missing and murdered women in the city of Vancouver (the Pickton
case).172 This initiative does not address the phenomena in other parts of the country. 173
165
166
167
168
169
170
171
172
173
24
Report of the Special Rapporteur on violence against women, its causes and consequences, Yakin
Erturk, The due diligence standard as a tool for the elimination of violence against women
(hereinafter The Due Diligence Report), E/CN.4/2006/61, 2006, para. 38.
United Nations Assistance Mission to Afghanistan (UNAMA) and the Office of the High
Commissioner for Human Rights in Afghanistan, ―A Long Way to Go: Implementation of the
Elimination of Violence against Women Law in Afghanistan‖, November 2011.
Ibid.
Supra note 83.
See Human Rights Watch, ―Lebanon: Law Reform Targets ‗Honor‘ Crimes‖, August 2011.
Baydoun, A. (2011) ―Killing of women in the name of honour: An evolving phenomenon in Lebanon‖.
Paper presented at the Expert Group Meeting on gender-motivated killings of women. Convened by
the Special Rapporteur on violence against women, its causes and consequences, Ms. Rashida
Manjoo, New York, 12 October 2011.
Ibid.
Sharon McIvor and Shelagh Day, ―Gender-Motivated Killings of Aboriginal Women and Girls
Canada‖, Prepared for UN Expert Group Meeting on Gender-motivated killings of women, 12
October 2011.
Ibid.
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