A/HRC/20/16
to prevent, investigate, prosecute and punish the perpetrators of violence against women
and girls and to provide protection to the victims. 149
86.
The rights of women and girls to be informed about and provided with access to the
mechanisms of justice and effective remedies are also contained within international human
rights law.150 As noted by the Special Rapporteur: ―the obligation to provide adequate
reparations involves ensuring the rights of women to access both criminal and civil
remedies and the establishment of effective protection, support and rehabilitation services
for survivors of violence‖.151 The General Assembly has repeatedly urged Member States to
take action towards this end by means of a more systematic, comprehensive, multisectoral
and sustained approach, adequately supported and facilitated by strong institutional
mechanisms and financing, through national action plans; and to ensure that all human
rights and fundamental freedoms are respected and protected. 152
87.
Relevant resolutions also provide that States must condemn violence against women
and not invoke custom, tradition or religion to avoid their obligations to eliminate such
violence; develop penal, civil, labour and administrative sanctions in domestic legislation to
punish and redress the wrongs caused to victims; provide access to the mechanisms of
justice and, as provided for by national legislation, to just and effective remedies; and
ensure that the secondary victimization of women does not occur because of laws
insensitive to gender considerations, enforcement practices or other interventions. 153
88.
In other resolutions, the General Assembly has also urged States to review or abolish
all laws and regulations that discriminate against women or have a discriminatory impact
on women and ensure that provisions of multiple legal systems comply with international
human rights obligations, and to use best practices to end impunity and a culture of
tolerance towards violence against women, including by evaluating and assessing the
impact of legislation, rules and procedures regarding violence against women and
reinforcing criminal law and procedure relating to all forms of violence against women, as
well as by incorporating into law measures aimed at preventing violence against women. 154
89.
In 2000, the Human Rights Committee adopted general comment 28 on the equality
of rights between men and women, in which it stated that honour crimes which remained
unpunished constituted a serious violation of the International Covenant on Civil and
Political Rights. Moreover, laws which imposed more severe penalties on women than on
men for adultery or other offences also violated the requirement of equal treatment. 155 In
149
150
151
152
153
154
155
22
General Assembly resolutions 61/143 of 19 December 2006; 62/133 of 18 December 2007 and
63/155 of 18 December 2008 on the intensification of efforts to eliminate all forms of violence
against women.
See Article 4 of the Declaration on the Elimination of Violence against Women and Article 7 of
Convention Belem do Para, supra note 1. Also relevant are the rights to judicial protection and
effective remedies established in general human rights instruments. See the American Convention on
Human Rights (arts. 8 and 15); the American Declaration of the Rights and Duties of Man (art.
XVIII); the Universal Declaration of Human Rights (art. 8), the International Covenant on Civil and
Political Rights (art. 2, para. 3), the International Convention on the Elimination of All Forms of
Racial Discrimination (art. 6), the Convention against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment (art. 14).
Human Rights Council, Report of the Special Rapporteur on violence against women, its causes and
consequences, Rashida Manjoo, U.N. Doc. A/HRC/14/22, (2010) at p.1.
General Assembly, Resolution 61/143 of 19 December 2006 and Resolution 63/155 of 18 December
2008 on the intensification of efforts to eliminate all forms of violence against women.
United Nations, Declaration on the Elimination of Violence against Women, General Assembly
resolution 48/104.
See Resolution 61/143 of 19 December 2006 and Resolution 63/155 of 18 December 2008 on the
intensification of efforts to eliminate all forms of violence against women, supra.
CCPR/C/21/Rev.1/Add.10.
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