A/HRC/20/16
According to the information gathered to date, no country has all the information
necessary to calculate and create the proposed indicators.
108. Although media coverage of killings of women has generally perpetuated
stereotypes and prejudicial biases, it has provided contextual information, including,
inter alia, the victim-perpetrator relationship and any history of violence. This has
helped women’s organizations to distinguish cases of femicide from those of homicides
of women.
109. The lack of adequate assessment of risk, the lack of enforcement by police and
the judiciary of civil remedies and criminal sanctions, and the absence or inadequate
provision of services, such as shelters, also exacerbate the risk of women of being
abused and murdered, as often women have no choice but to continue living with their
abusers.185
110. In the context of murders relating to witchcraft, a number of factors that
hinder or prevent adequate police response were identified. These include shortages of
personnel, vehicles and fuel and a limited presence of the police, as well as the taboo
surrounding sorcery, which in and of itself prevents intervention. In many cases
communities do not cooperate and are reluctant to give information to the police due
to fear of mob rule and of being accused as co-sorcerers if they assist victims. 186
111. International humanitarian law proscribes gender-based violence and
extrajudicial executions of women during armed conflict. It also forbids attacks on
their personal dignity, in particular humiliating and degrading treatment. Significant
obstacles to investigating and prosecuting killings of women have been identified.
These include the failure of police intervention, a lack of implementation of security
measures for women, repeated attacks on law-enforcement officials and women’s
rights advocates, and inaccessible detention locations in areas under the control of
insurgents and other illegally armed groups. Institutional weakness results in
impunity in cases of gender-related killings of women, as a lack of respect for the rule
of law, corruption and poor administration of justice are the norm.
112. Despite progressive jurisprudence from the regional human rights systems,
often there is no mechanism to coordinate the implementation of the judgements at
the national level, with some authorities stating that the absence of a special
implementing law precludes fulfilment. It is argued that in order to facilitate
compliance with such rulings, the creation of an international standard for the
investigation of femicide, which ensures compliance with the guarantee of nonrepetition, is necessary. An Action Protocol, aimed at the judiciary, prosecutors and
political bodies, can outline guidelines for the prevention of and investigation into
incidents of femicide.187
113. As noted by this mandate, developing indicators for State responses “is
somewhat less complex than measuring violence, because there are clear
responsibilities set out in international law: to prevent, protect, prosecute and provide
compensation”.188 While adequate regulatory frameworks have generally been
adopted to deal with violence against women, weaknesses include: a lack of adequate
185
186
187
188
Lidia Casas and Macarena Vargas, The response of the State to Domestic Violence, Chile, 2011.
Supra Note 46 pp. 9-10.
Project: Protocol of Madrid. “Creation of a Protocol for the Effective Investigation and
Documentation of Extreme Violence against Women for Gender-Based Reasons: Femicide”.
Derechos Humanos: Federación de Asociaciones de Defensa y Protección, and University Carlos III,
Madrid.
A/HRC/7/6, at para 69.
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