A/HRC/17/30
women, which required ensuring their protection from sexual harassment in the workplace
in a case where the local officials failed to investigate the gang rape of a social worker
campaigning against child marriage. The Court also drew on general recommendation 19 of
the Committee on the Elimination of Discrimination against Women to formulate a set of
guidelines on sexual harassment to bind private and public employers pending the
introduction of suitable legislation.
67.
Regarding violence against women as a gender-based form of discrimination, in
Opuz v. Turkey,46 the European Court of Human Rights, drawing on the work of the
Special Rapporteur on violence against women and views adopted by the Committee in
several petitions relating to domestic violence, decided for the first time that gender-based
violence is a form of discrimination under the European Convention on Human Rights. In
Prosecutor v. Kunarac,47 the International Criminal Tribunal for the former Yugoslavia,
drawing on comparative law, expert analysis and advice contained in reports of the Special
Rapporteur on torture as well as the former Commission on Human Rights, concluded that
rape and other forms of sexual assault against women held in detention were a particularly
ignominious violation of the inherent dignity and right to physical integrity of the human
being, and that accordingly they constituted an act of torture.
68.
The Special Rapporteur applauds all these, and many other decisions in which
national and regional courts and tribunals have drawn on human rights standards and the
contributions made by the international human rights mechanisms to uphold respect for
women’s human rights over recent decades. She further encourages information-sharing on
case law across jurisdictions, countries and regions and invites international organizations
to support efforts by Governments, High Courts, civil society, women's organizations and
other stakeholders to make available to the judiciaries and the general public case-law
decisions which advance women's protection worldwide.
V.
Good practices
69.
The Special Rapporteur wishes to stress the importance of increasing efforts to
exchange information on the ways and means in which stakeholders, including
Governments, civil society organizations, international and regional organizations, the
private sector and others, are seeking to uphold their commitment to the realization of
gender equality in the administration of justice, and the protection of women’s human
rights in the judicial system. In her view, information-sharing is an essential tool to help
States to fill in policy and protection gaps at all levels.
70.
The Special Rapporteur wishes to draw attention to the important role of women's
associations, which contribute to the exercise of women's right of association, and are
instrumental actors in gender mainstreaming, capacity-building efforts and know-how
exchange. She commends information-sharing efforts by civil society and women's
associations, particularly concerning the worldwide gender justice observatory48 and the
Jurisprudence of Equality Programme Decisions49 and encourages know-how exchange
among women judges and lawyers from a diversity of legal and judicial systems.
46
47
48
49
14
European Court of Human Rights, Opuz v. Turkey, judgement of 9 June 2009.
International Criminal Tribunal for the former Yugoslavia, Prosecutor v. Dragoljub Kunarac,
Radomir Kovac and Zoran Vukovic, judgement of 12 June 2002.
Gender justice observatory. Available from: http://www.womenslinkworldwide.org/observatory/#
Jurisprudence of Equality Program Decisions. Available from: http://www.iawj.org/jep/jep.asp
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