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Somali refugee women and girls were also tar- geted for sexual violence while attempting to flee to the border.60 Data from eastern Demo- cratic Republic of the Congo, which has experi- enced sustained internecine violence for over a decade, found that almost half (48 per cent) of male non-combatants reported using phy... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 116 |
This heightened violence included 9 per cent of adult men who said that they had been victims of sexual violence themselves, and 16 per cent of men and 26 per cent of women who reportedly were forced to watch sexual vio- lence.61 In some instances in Afghanistan, sur- vivors of sexual violence said they were raped a se... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 119 |
Division from Demographic and Health Surveys.
62 United Nations, 2014.
60 United Nations, 2014.
61 Promundo, International Center for Research on 158 The World's Women 2015 In cases where women fleeing conflict reach refugee camps, they often do not participate equally with men in the administration of the camps and... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 120 |
Vulnerability to sexual violence re- mains high in refugee camps, and single women or unaccompanied girls may be at higher risk if they are not accommodated separately from men or if there is not sufficient privacy.
Long walk distances out of the camps to collect water and firewood for cooking and heating may also exp... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 78 |
In some cases, refugee women engage in survival sex to support their families.63 Adopted in 2000, UN Security Council resolu- tion 1325 (2000) on women and peace and se- curity was a milestone in addressing violence against women in situations of armed conflict.
Recognizing the need to fully implement laws that protec... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 116 |
The 26 indicators attached to the resolution are designed to monitor imple- mentation and progress not only towards main- taining and promoting the security of women but also towards promoting women’s leadership roles for peacekeeping and peacebuilding (see Chapter 5 on Power and Decision Making). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 61 |
Subsequent related Security Council resolutions directly ad- dress the issues of sexual violence in conflict as a tactic of war (1820 (2008)) and involving women in post-conflict and reconstruction periods (1889 (2009)).
3. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 62 |
3.
Trafficking Human trafficking in women is a serious issue and has been addressed internationally by the Protocol to Prevent, Suppress and Punish Traf- ficking in Persons, Especially Women and Chil- dren, which supplements the United Nations Convention against Transnational Organized Crime.
The Protocol, which ente... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 104 |
According to the protocol, human trafficking involves recruiting, transporting, harbouring or receiving persons under threat or use of force or other types of coercion for pur- poses of exploiting individuals for prostitution, other types of sexual exploitation, forced labour or services, slavery or practices similar t... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 75 |
In 2014, the United Nations General Assembly passed a resolution on trafficking in women and girls (A/RES/69/149) calling on countries to sign and ratify relevant treaties and conven- tions, address the factors that make women and girls vulnerable to trafficking and to take more preventative efforts, including through ... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 107 |
Due to its underground nature, accurate data on the scale of human trafficking are difficult to collect.
According to a 2014 report on traf- ficking in persons,64 published by the United Nations Office on Drugs and Crime (UNODC), adult women accounted for almost half (49 per cent) of all human trafficking victims dete... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 82 |
Women and girls together accounted for about 70 per cent, with girls representing two out of every three child trafficking victims.65 Of persons prosecuted for and/or convicted of traf- ficking in persons over the period 2010–2012, around three quarters were men.66 The most common forms of exploitation of known vic- ti... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 92 |
Between 2010 and 2012, victims holding citizenship from 152 different countries were found in 124 countries,67 an indication of the global scope of the problem.
64 UNODC, 2014.
65 Ibid.
At present, there is no sound estimate of the num- ber of victims of trafficking in persons worldwide.
These gender breakdowns are... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 112 |
These official figures represent only the vis- ible part of the trafficking phenomenon and the actual figures are likely to be much higher.
63 United Nations, 2006b.
66 Ibid.
67 Ibid. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 53 |
Violence against women 159 violence by testifying before the courts; the feel- ing that the police could do nothing to help; and wanting to keep the incident private.71 In most countries less than 40 per cent of women who experienced violence sought help of any sort Figure 6.13 Proportion of women aged 15–49 years who ... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 291 |
(ICF, 2014, CDC, 2014 and UNICEF, 2014c).
Note: Ranking is for presentation purposes only (see introduction to section A for further details).
C. State accountability: Help-seeking and response to violence against women 1.
Help-seeking Only a fraction of women who experience vio- lence seek help. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 93 |
The proportion of women who did seek help from family, friends or institutions such as health services and the police ranged from 18 per cent in Mali (2012–2013) to over 70 per cent in Georgia (2010) (figure 6.13).
In the majority of countries, less than 40 per cent of the women who experienced violence sought help of... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 116 |
For example, among women who sought help in the United Republic of Tanzania (2010), 47 per cent appealed to fam- ily, 6 per cent to the police, and 1 per cent to a doctor or other medical personnel.68 In Jordan (2012), 84 per cent looked to their family for support and 2 per cent went to the police.69 In general, only ... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 112 |
In almost all countries with available data, the percentage of women who sought help from the police, out of all women seeking help for ex- perience of violence, was less than 10 per cent (figure 6.14).
These findings underscore the as- sumption that, in the vast majority of instances, violence goes unreported and adm... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 89 |
One reason women may be reluctant to speak to the police about their experience of violence may be the low repre- sentation of women among police personnel.
Women make up less than 35 per cent of po- lice personnel in all 86 countries and areas for which data are available, and less than 10 per cent in 26 of these cou... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 100 |
These include: lack of awareness of or actual lack of services; lack of ac- cessibility to services due to linguistic, cultural, physical or financial constraints; fear of reprisals by the offender as well as family and community members; reluctance due to shame or embarrass- ment; the potential impact on women’s custo... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 158 |
160 The World's Women 2015 Only a small proportion of women victims of violence who sought help did so from the police Figure 6.14 Proportion of women aged 15–49 years who experienced violence and sought help from the police, as a proportion of those who sought help from any source, 2005/06–2013 (latest available) Paki... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 222 |
(ICF, 2014 and CDC, 2014).
Note: Ranking is for presentation purposes only (see introduction to section A for further details).
2.
State response to violence against women In many cases, even when women do seek help from state institutions such as the police, health and social services and the justice system, the re... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 91 |
Not all countries have laws on violence against women, and when they do, they are often more concerned with respond- ing to the violence that has already occurred than with preventing it in the first place.
At least 119 countries have passed laws on domestic vio- lence, 125 have laws on sexual harassment and 52 have l... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 112 |
In many cases, victims of domestic violence are economically depend- ent on their intimate partner and so conviction and imprisonment of the perpetrator, for exam- ple, leave the woman bereft of her only source of economic support. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 48 |
Domestic violence laws need to be implemented in tandem with measures for the economic empowerment of women and ap- propriate social support mechanisms for victims who take the difficult step of seeking legal re- course.73 Prevention of and response to violence requires coordinated approaches across govern- ment, worki... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 77 |
To tackle the problem of violence against women, legislation needs to be enforced and implemented in ways that support victims and not discrimi- nate against them.
Many reported cases of vio- lence suffer from attrition, or drop out, as they work their way through national legal systems. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 62 |
Attrition is a particular problem in rape cases.74 Results of a study in Gauteng Province, South Africa, for example, revealed that 17 per cent of reported rapes reached court and only 4 per cent ended in a conviction– levels of attrition that are common in many other countries.75 In European countries, an average of 1... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 121 |
Comprehensive victim support systems are essential, encompassing hotlines, shelters, health services, legal support, coun- selling and economic empowerment.
However, such systems should be implemented along with initiatives to reduce impunity for perpetrators, prevent violence from occurring in the first place, and ch... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 90 |
In addition, continued improvements in and support for data collection are needed to assess changes over time and progress towards a world free from violence against women in all its forms.
72 OECD, 2015; Minimum Set of Gender indicators, 2014.
73 UN Women, 2011/2012.
74 Ibid.
75 Ibid.
76 Lovett and Kelly, 2009. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 107 |
74 Ibid.
75 Ibid.
76 Lovett and Kelly, 2009.
Violence against women 161 Box 6.5 When data on violence against women informs policy: The case of Kiribati A dedicated study on violence against women and childrena was conducted in Kiribati in 2008, the first such study in that country. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 88 |
It revealed that Kiribati has one of the highest recorded levels of violence against women in the world: 68 per cent of ever-partnered women said they were victims of physical and/or sexual violence by an intimate partner, 47 per cent reported incidents of emotional abuse, and 90 per cent reported experiencing at least... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 79 |
Women were more likely to be subjected to severe forms of partner physi- cal violence such as punching, kicking or having a weapon used against them, than moderate forms of physical violence.
Twenty-three per cent of women who had ever been pregnant reported being beaten during pregnancy, and women who had experienced... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 83 |
The study also investigated why violence against women was so common in Kiribati and concluded that there were a number of contributing fac- tors.
They included: a high level of acceptance of violence, the belief that controlling behaviour in intimate partner relationships was “normal”, and the frequent use of physica... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 86 |
The most common reason men interviewees gave for hit- ting their wives was that they “disobeyed” them. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 28 |
A number of risk factors were identified as being associated with the experience of intimate part- ner violence, including: being subjected to con- trolling behaviour by an intimate partner; alcohol consumption by both women and their partners; having been sexually abused as a child; having a partner who was beaten as ... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 96 |
These fac- tors were much more significant than most social, economic and demographic variables such as age, education and employment, showing that violence cuts across all sectors of society. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 36 |
In response, the study proposed a number of actions to address the widespread problem of violence in Kiribati, including establishing a new government body dedicated to gender, develop- ing a national action plan to eliminate violence against women, and strengthening and expand- ing formal support systems for women liv... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 94 |
It also approved the Eliminating Sexual and Gender-based Violence Policy and the accompanying National Action Plan 2011–2021, and is partnering with faith-based organizations and civil society to create SafeNet, which provides free services to survivors of sexual and gender-based violence.
a Secretariat of the Pacific... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769074386.pdf | https://unstats.un.org/unsd/gender/downloads/worldswomen2015_chapter6_t.pdf | 82 |
ST/ESA/329 Department of Economic and Social Affairs Division for the Advancement of Women Handbook for Legislation on Violence against Women asdf United Nations New York, 2010 DAW/DESA The Division for the Advancement of Women in the Department of Economic and Social Affairs of the United Nations Secretariat supports ... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 109 |
For more information, see www.un.org/womenwatch/daw/.
ST/ESA/329 United Nations publication Sales No.
E.10.IV.2 ISBN 978-92-1-130290-5 Copyright © United Nations, 2009 All rights reserved iii Foreword Across the world—in rich and poor countries alike—women are being beaten, trafficked, raped and killed.
These human ... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 140 |
The world is responding.
We see a growing global momentum to stop violence against women.
In 2008, the Secretary-General launched a multi-year global campaign called UNiTE to End Violence against Women.
He is appealing to all partners to join forces to eliminate this scourge. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 68 |
The Campaign recognizes the power of the law: one of its five key goals is for all countries to adopt and enforce, by 2015, national laws that address and punish all forms of such violence, in line with international human rights standards. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 53 |
This Handbook for Legislation on Violence against Women, prepared by the Department of Economic and Social Affairs/Division for the Advancement of Women (DESA/DAW), is intended to assist States and other stakeholders to enhance existing, or develop new laws to protect women.
I highly recommend the contents of this Han... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 102 |
The recommendations it provides in the model framework for legislation on violence against women serve as a useful tool in supporting efforts to provide justice, support, pro- tection and remedies to victims and to hold perpetrators accountable.
The commentaries which accompany the recommendations highlight promising ... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 89 |
Laws increasingly criminalize such violence, ensure the prosecution and punishment of perpetrators, empower and support victims, and strengthen prevention.
Victims are also benefiting from civil remedies.
But significant gaps in legal frameworks remain.
States throughout the world are still failing to live up to the... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 101 |
Impunity persists.
Women continue to be re-victimized through the legal process.
Comprehensive legislation provides the foundation for a holistic and effective response.
Such legislation must be consistently enforced and monitored, and adequate resources must be allocated to address the problem.
Personnel and offic... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 94 |
Laws must inform a concerted effort that includes education, awareness raising and community mobilization.
They must also contribute to tackling discriminatory stereotypes and attitudes, and they must man- date the research and knowledge-building that are necessary to support policy development. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 57 |
I truly hope that this informative Handbook for Legislation on Violence against Women will greatly contribute to fully realizing the goals of the Secretary-General’s campaign UNiTE to End Violence against Women, and I commend it to interested policymakers and concerned individuals everywhere. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 59 |
Asha-Rose Migiro Deputy Secretary-General United Nations July 2009 Acknowledgements This Handbook is based on the results of an expert group meeting on good practices in legislation to address violence against women, convened by the United Nations Division for the Advancement of Women, in cooperation with the United Na... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 84 |
The meeting reviewed and analysed experiences, approaches and good practices in legislation on violence against women from around the world, and developed a model framework for legislation on violence against women. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 35 |
The Division for the Advancement of Women acknowledges with appreciation the work of the participants of the expert group meeting of May 2008, namely: Carmen de la Fuente Mendez (Spain), Sally F. Goldfarb (United States of America), Rowena V. Guanzon (Philip- pines), Claudia Herrmannsdorfer (Honduras), Pinar Ilkkaracan... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 375 |
For further information regarding the expert group meeting, including expert papers, please visit the following website: http://www.un.org/womenwatch/daw/egm/vaw_legislation _2008/vaw_legislation_2008.htm.
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Introduction .
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2.1. International legal and policy instruments and jurisprudence .
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2.1.1. International human rights treaties .
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Other international treaties .
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Regional legal and policy instruments and jurisprudence .
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Model laws and strategies .
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Violence against women as a form of gender-based discrimination .
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Comprehensive legislative approach .
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National action plan or strategy .
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3.2.2.
Budget .
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3.2.5.
Specialized courts .
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3.2.6.
Protocols, guidelines, standards and regulations .
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3.2.7.
Time limi... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 372 |
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3.3.
Monitoring and evaluation .
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3.3.1.
Specific institutional mechanism to monitor implementation .
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Collection of statistical data .
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3.4.1.
Defining forms of violence against women .
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3.4.2.
Defining domestic violence .
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Page 1 5 5 5 6 7 8 10 13 13 13 14 14 15 16 16 17 17 17 18 19 19 20 21 21 21 21 23 23 23 24 24 25 vi Handbook for Legislation on Violence against Women 3.4.3.
Defining sexual violence .
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3.4.3.2.
Defining sexual harassment .
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3.5.
Prevention .
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... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 425 |
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3.5.2.
Awareness-raising .
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3.5.3.
Educational curricula .
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... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 433 |
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3.6.
Protection, support, and assistance to complainants/survivors .
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3.6.1.
Comprehensive and integrated support services .
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3.6.2.
Rape crisis centres .
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... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 359 |
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3.6.4.
Housing rights of the survivor .
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3.6.5.
Financial support for the survivor .
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3.7.
Rights of immigrant women... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 360 |
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3.7.1.
Independent and favourable immigration status for survivors Page 26 26 27 28 28 29 29 30 31 31 32 32 33 33 34 of violence against women .
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34 3.7.2.
Restrictions on internation... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 349 |
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3.8.
Investigation .
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3.8.1.
Duties of police officers .
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3.8.2.
Dut... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 435 |
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3.9.
Legal proceedings and evidence .
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3.9.1.
Prohibition of mediation .
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3.9.3.
Free legal aid, interpretation, and court support, including independent legal counsel and intermediaries .
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3.9.4.
Rights of the complainant/survivor during legal proceedings .
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3.9.5.
Issues related to the ... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 271 |
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3.9.7.
Removing discriminatory elements from legal proceedings regarding sexual violence .
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3.9.7.1.
Removing the cautionary warning/corroboration rule .
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3.9.7.2.
... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 349 |
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43 3.9.8.
No offence of “false accusation” .
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44 3.10.
Protection orders .
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44 3.10.2.
Relationship between protection orders and other legal proceedings .
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3.10.3.
Content and issuance of protection orders .
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3.10.4.
E... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 390 |
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45 46 47 47 vii 3.10.6.
Standing in application for protection orders .
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3.10.7.
Evidence of complainant/survivor sufficient for grant of protection order .
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Page 48 48 49 3.10.8.1.
Mutual protection orders and citations for provocative behaviour not to be included in legislation .
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49 3.10.8.2.
Addressing child custody in protection order proceedings .
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... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 328 |
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3.11.1.
Consistency of sentencing with the gravity of the crime committed .
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... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 361 |
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51 3.11.4.
Considerations in imposition of fines in cases of domestic violence .
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3.11.5.
Restitution and compensation f... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 363 |
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3.12.
Civil lawsuits .
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3.12.1.
Civil lawsuits against perpetrators .
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3.13.
Family law .
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3.14.
Asylum law .
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... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 427 |
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Step 1: Define the legislative goal .
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Step 2: Consult with relevant stakeholders .
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.... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 386 |
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52 52 53 54 54 54 55 56 57 57 57 58 1 1.
Introduction Comprehensive legislation is fundamental for an effective and coordinated response to vio- lence against women.
States have clear obligations under international law to enact, imple- ment and monitor legislation addressing all forms of violence against wo... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 103 |
Over the past two decades, many States have adopted or revised legislation on violence against women.1 However, significant gaps remain.2 Many States still do not have in place legislative provisions that specifically address violence against women and, even where legislation exists, it is often limited in scope and co... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 66 |
The adoption and enforcement of national laws to address and punish all forms of violence against women and girls, in line with international human rights standards, is one of the five key outcomes which the Secretary-General’s campaign “UNiTE to End Violence against Women” aims to achieve in all countries by 2015.3 Th... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 111 |
It is specifically hoped that the Handbook will be of use to government officials, parliamentarians, civil society, staff of United Nations entities and other actors in their efforts at ensuring that a solid legal basis is in place for tackling the scourge of violence against women.
The Handbook first outlines the int... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 92 |
It then presents a model framework for legislation on vio- lence against women, divided into 14 sections.
Finally, the Handbook provides users with a checklist of considerations to be kept in mind when drafting legislation on violence against women. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 55 |
This list highlights the importance of identifying a clear legislative goal; undertaking comprehensive and inclusive consultation with all relevant stakeholders, and in particular victims/survivors; and adopting an evidence-based approach to legislative drafting.
The model framework for legislation on violence against... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 83 |
While many of the framework’s recommendations are applicable to all forms of violence against women, some are specific to certain forms, such as domestic or sexual violence. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 32 |
The framework covers: (a) general aspects, implementation and evaluation (3.1-3.3); (b) definitions of forms of violence (3.4); (c) prevention (3.5); (d) protection, support and rights of survivors (3.6-3.7); (e) investigation, prosecution and sentencing (3.8-3.11); and ( f ) issues in relation to civil lawsuits (3.12)... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 131 |
The main issues covered are highlighted below.
1 For further information regarding legislation enacted, please visit the United Nations Secretary-General’s data- base on violence against women available online at: http://www.un.org/esa/vawdatabase (last accessed 8 April 2009).
2 See United Nations (2006) Ending Viole... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 125 |
See, inter alia, pp.
96-97 setting out concerns of the international human rights treaty bodies.
3 For further information regarding the Secretary-General’s campaign “UNiTE to End Violence against Women” please visit the website at: http://endviolence.un.org/.
2 Handbook for Legislation on Violence against Women 3.1... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 87 |
Emphasizes the importance of adopting a comprehensive legislative approach, encompassing not only the criminalization of all forms of violence against women and the effective prosecution and punishment of perpetrators, but also the prevention of violence, and the empowerment, support and protection of survivors.
It re... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 96 |
3.2.
Recommends that legislation contain provisions for its effective implementation, evaluation and monitoring.
Legislation should provide an organic link to a compre- hensive national action plan or strategy; mandate a budget for its implementation; pro- vide for the elaboration of rules, regulations, and protocols... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 89 |
Section 3.2 also recommends that legislation mandate the creation of specialized institutions and officials to implement legislation on violence against women.
3.3.
Emphasizes the critical importance of monitoring the implementation of the law and recommends that legislation establish institutional mechanisms, such a... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 83 |
It also recommends that legislation require the regular collection of statistical data and research to ensure an adequate knowledge base for effective implementation and monitoring.
3.4.
Calls for the enactment in legislation of broad definitions of all forms of vio- lence against women in accordance with internation... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 88 |
3.5.
Recommends that the law prioritize prevention and provide for a range of meas- ures to be undertaken to this end, including awareness-raising campaigns, sensitiza- tion of the communications media, and inclusion of material on violence against women and women’s human rights in educational curricula.
3.6.
Focuse... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 104 |
It recommends the enactment of legislative provi- sions that ensure survivors’ access to comprehensive and integrated support services and assistance.
3.7.
Recommends that specific legal provisions be enacted to guarantee the rights of immigrant women who are victims/survivors of violence.
3.8.
Emphasizes the impor... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 106 |
3.9.
Provides detailed recommendations with the aim of preventing the secon- dary victimization of the victim/survivor throughout the legal process.
The section addresses evidentiary rules, the collection of evidence, legal procedure, and the rights of victims/survivors during legal proceedings.
3.10.
Gives substan... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 118 |
3.11.
Calls for legislation to ensure that sentences in cases of violence against women are consistent with the gravity of the crime committed.
It recommends the elimination of exemptions or reductions in sentencing granted to perpetrators of violence against women in certain circumstances, such as when a rapist marr... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 89 |
3.12.
Highlights the valuable role that civil lawsuits may play as a supplement or alter- native to criminal prosecution, civil protection orders, and other available legal remedies.
3.13.
Recommends that family law be examined and amended to ensure the sensi- tive and appropriate consideration of violence against w... | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 123 |
3.14.
Acknowledges that violence against women may constitute persecution and that complainants/survivors of such violence should constitute “a particular social group” for the purposes of asylum law. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696769077424.pdf | https://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf | 51 |
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