A/HRC/41/42/Add.2
dependence of women on their husbands and in-laws is also a significant factor preventing
women from seeking justice, as are geographical and linguistic constraints. Preventive
measures and measures to ensure the compensation, rehabilitation and protection of victims
are also weak, while the low level of implementation of court judgments, including
judgments to grant compensation, is an additional issue of concern.
3.
National action plan
20.
A national strategy and action plan on gender empowerment and ending genderbased violence was implemented from 2013 to 2018, while a strategy and workplan on
ending sexual and gender-based violence and gender empowerment were implemented
from 2012 to 2017. On 24 August 2018, the House of Representatives passed a four-point
resolution on ending violence against women and girls, and a high-level mechanism for
ensuring its implementation has been formed. 2 At the time of the visit, a second national
strategy and action plan on gender empowerment and ending gender-based violence was
being drafted at the Office of the Prime Minister and Council of Ministers (see
CEDAW/C/NPL/Q/6/Add.1).
21.
While welcoming the aforementioned initiative, the Special Rapporteur notes that
the previous strategies lacked a holistic and human rights-based approach to violence
against women, as they did not sufficiently address the need for adequate crisis services,
shelters or safe houses for women and children who are victims of violence and
opportunities for empowerment in such places.
B.
National machinery and independent institutions
22.
Under the new federal structure, the Ministry of Women, Children and Senior
Citizens is responsible for coordinating policy and programmes concerning gender equality
and the rights of women and ensuring their implementation across the country, while the
Ministry of Social Development, which is responsible for monitoring the implementation of
plans to address gender-based violence at the provincial level, has established gender focal
points in each of the provinces (see CEDAW/C/NPL/6, para. 13). Sections for gender
violence control and for women’s development and gender mainstreaming have been
established at the Ministry of Women, Children and Senior Citizens.
23.
Previously, each district benefited from the services provided by the district offices
for women and children, which were mandated to assist survivors of gender-based violence
in obtaining access to psychosocial counselling, free legal aid, adequate security and
protection and necessary health services. In 2018, however, the offices were closed at the
district level and devolved to local government structures.
24.
The National Women’s Commission was upgraded from a statutory body to a
constitutional commission through the National Women’s Commission Act of 2017, with
the aim of increasing its authority and independence and equipping it with the legal tools
necessary to implement its broad constitutional mandate. At the time of writing, however,
the Commission was not fully functioning owing to the considerable delay by the
Constitutional Council in appointing the Chair and members of the Commission, together
with the limited increase in the Commission’s budget and human and technical resources.
The delay is having a significant impact on the ability of the Commission to efficiently
implement its mandate.
25.
The National Human Rights Commission was established in 2000. The Commission
was recognized by the interim Constitution of 2007. The National Human Rights
Commission Act, enacted by the Constituent Assembly in 2012, defines the functions,
duties and powers of the Commission. The Commission has been entrusted with the power
2
6
Tham Maya Thapa, Minister of Women, Children and Senior Citizens, statement of the Government
of Nepal to the seventy-first session of the Committee on the Elimination of Discrimination against
Women, Geneva, 23 October 2018. Available at https://tbinternet.ohchr.org/Treaties/CEDAW/
Shared%20Documents/NPL/INT_CEDAW_STA_NPL_32836_E.pdf.
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