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AcknowLedgments
Rights & Democracy and Women Living Under Muslim Laws would like to
address special thanks to Rashida Manjoo, Associate, Law Faculty, Univer-
sity of Cape Town, South Africa, for her editing comments. They also wish
to thank the following individuals: Widney Brown, Human Rights Watch,
USA; Charlotte Bunch, Center for Women's Gtobat Leadership, USA; Scott
Long, LGBT Project, Human Rights Watch, USA; Nancy Mereska, Stop Po-
tygamy in Canada, Canada; Ana Elena Obando, Costa Rica; Leyta Pervizat,
Turkey; Gita Sahgat, Amnesty International Gender Unit, United Kingdom;
Atejandra Sarda, IGLHRC Latin America, Argentina ; Aida Seif El-Dawla,
Et Nadim Center for the Management and Rehabilitation of Victims of
Violence, Cairo, Egypt; WLUML colleagues, especially Hoda Rouhana,
Farida Shaheed and Lynn Freedman.
In memory of Salma Sob /mn,
© Internationat Centre for Human Rights and Democratic Development a friend
and Women Living Under Mustim Laws, 2006.
This manual may be freely excerpted, provided credit is given to
Rights & Democracy and Women Living Under Muslim Laws.
Ce manuet est disponibte en français.
Also avaitabte online at www.dd-rd.ca.
For additionat copies of this publication, please write to:
pubtications @dd-rd.ca.
Anissa Hélie is a feminist historian by training and an activist by choice.
Jan Bauer is a writer, editor and researcher by choice and
an optimist by nature.
Coordination of the project and research: Mane Brunet, Coordinator,
Women's Rights, Rights & Democracy
Authors: Jan Bauer and Anissa Hélie
Revision: Janis Warne
Coordination of the production: Anyle Coté, Officer, Speciat Events and
Publications, Rights & Democracy
Design: Brunet Design
Printed in Canada
Legat Deposit: Bibtiothéque et Archives nationates du Québec, 2006.
Nationat Library of Canada, second quarter, 2006.
ISBN: 2-922084-87-6
PREFACE
For years, the accepted wisdom was that human rights prin-
ciples and law applied only, or mainly, to the mediation of
the relationship between citizens and the State. This view
was held and promoted by, among others, academics, law-
yers and jurists, as well as many international non-govern-
mental organizations (INGOs) and activists. The majority of
these institutions and individuals were North American and
Western European. In parallel, the doctrine of due diligence,
the State's obligation to protect and promote rights and
freedoms, was mainly interpreted as an obligation to “sanc-
tion itself.” Its agents (police, security forces, military)
were to act, and institutions (the justice system, legislative
bodies, ministries and departments) were to be established
and operate in a manner consistent with the protection of
human rights. Under this classical interpretation of rights,
only States violated human rights and anyone else who
acted inappropriately was a criminal. States had a great
deal of latitude in terms of accountability and remedy, and
the notion of a private sphere of human behaviour, in which
the State could not or should not interfere, was sustained.
With few exceptions, INGOs did not change their approach
very much until the mid to late 1990s and, even then, they
tended to focus on such non-state actors as armed opposi-
tion groups and/or secessionist movements. However, there
were also concerns that applying human rights methodol-
ogy and monitoring to such entities would confer on them
a quasi-state status to which the rights, privileges and im-
munities of a State would attach. The unwillingness to deal
consistently with private/non-state actors also reflected
Documenting Women's Rights VioLations by Non-state Actors
the determination not to shift the emphasis away from the
responsibility of the State to ensure the well-being of all
persons living within the territory over which it exercised
jurisdiction. Failings or inadequacies, especially in the areas
of civil and personal status law (including in developed
countries), were largely left to be discovered and remedied.
The separation of behaviours and laws which may or may
not apply — between those of State/non-state and pub-
lic/private nature — may be tidy and even convenient. The
effect, however, was to establish an “international meth-
odology,” which is still maintained in some quarters, and
through which the crimes, abuse and violations directed
against women and girls (and, in some instances against
persons belonging to vulnerable groups) are ignored. The
question is whether this can still be justified.
The Convention on the Elimination of All Forms of Discrimi-
nation Against Women, Article 2 (e) stipulates that States
Parties will undertake “all appropriate measures to eliminate
discrimination against women by any person, organization
or enterprise” [ emphasis added]. Subsequent articles deal
with such matters as eliminating discrimination in access
to education, health and employment as well as ensuring
equality in matters pertaining to family, nationality and
related areas. In each of these cases, substantial control of
how this will be put into practice and of the context is in
the hands of private/non-state actors.
The phrase “Women's Rights are Human Rights” is far more
than a catchy slogan. It is the underlining thesis of this
manual that violence against women is a human rights
violation and is unacceptable. Human rights is a universal
concept reflected in all cuflures. The concept of human
rights has been rearticulated and reformulated throughout
the ages and is continually evolving to deal with all attacks
on human dignity and self esteem, no matter how these
attacks are justified.
It was the concept of human rights, as expressed in terms of
the right to self determination, that formed the basis of the
struggles for independence from colonial domination. It was
the concept of human rights that challenged apartheid and
racial discrimination. In a world where State sovereignty
is jealously guarded, human rights is the concept that has
provided the basis for international law and it is the con-
scious attention to women's human rights that ensures that
human rights cuts through the public/private debate.
It is now generally accepted that a citizen's relationship
with the State should be governed by human rights and
that the State is responsible for ensuring that its agents
do not violate people's human rights in the course of their
duties. But that is not all. It is clear that the State has an
equal obligation to monitor and prevent violations of hu-
man rights when they are perpetrated by non-state actors
as well. Legal systems in most countries recognize that it
is the duty of the State to enforce criminal law. Since the
State clearly has a duty to enforce this law, there should
be no debate about whether violence against women is a
criminal offence and therefore within the jurisdiction of
the State to intervene. Violence against women is always a
crime, but some legal systems either fail to recognize this
or fail to adequately deal with it. Such failures are viola-
tions of women's human rights.
These failures are particularly evident in acts of violence
against women that are committed not by State agents,
but by non-state actors. Rights & Democracy (R&D) and
Women Living Under Muslim Laws (WLUML) decided to work
Documenting Women's Rights VioLations by Non-state Actors
Documenting Women's Rights VioLations by Non-state Actors 0
together on this particular manual because we saw it as an
opportunity for both human rights groups and women's
human rights organizations to better understand the scope
of the issue. In it, we examine the nature of violations
perpetrated by non-state actors and focus on how activists
should document and campaign to address violence commit-
ted against women by non-state actors. Although women
everywhere are subject to this type of human rights viola-
tion, the global scope of the issue is better understood
through examples drawn from activists' experiences within
various Muslim contexts. Our immediate goal is to provide
activists anywhere in the world with additional tools to
struggle against impunity.
1- loma Hoodfar
on behalf of Women Living Under Muslim Laws
Introduction 15
1- STANDARDS FOR DOCUMENTING ABUSES
BY NON-STATE ACTORS 23
• Relevant Treaties, Instruments and Resolutions 24
- International Covenant on Civiland Political Rights 24
- International Covenant on Economic,
Social and Cultural Rights 27
- Convention on the Elimination of All Forms
of Discrimination Against Women 28
- Optional Protocol to CEDAW 41
- Other Treaties 44
- Declaration on the Elimination
of Violence Against Women 4
- Beijing Declaration and Platform for Action 51
- The Commission on the Status of Women 51
• Treaty Bodies and Other Procedures 52
- Committee on the Elimination
of Discrimination Against Women 52
- Human Rights Committee 53
- UN Special Rapporteur on Violence Against Women 53
- United Nations World Conferences 54
- Security Council Resolution 1325 56
- International Criminal Court 58
2- VIOLENCE AGAINST WOMEN BY NON-STATE ACTORS
AND HUMAN RIGHTS: FRAMING THE ISSUES
• Violence Against Women During Times
of War and Conflict 63
TABLE OF CONTENTS
President Rights & Democracy
Documenting Women's Rights VioLations by Non-state Actors
Documenting Women's Rights VioLations by Non-state Actors 0
3- HUMAN RIGHTS CONCEPTS AND THE HUMAN RIGHTS FRAMEWORK - Campaigns on Behalf of an Individual 115
AS CRUCIAL TOOLS TO ADDRESS VIOLENCE AGAINST WOMEN - Research and Networking 118
BY NON-STATE ACTORS 65
- Human Rights Advocacy at the Regional Level 121
• Changes in Tradition and Cufture 67
• Human Rights Advocacy at the National Level 122
• Changes in National Legislation 69
• - Using Existing State Institutions 122
• Changes in the Human Rights Framework 70
• • - Human Rights Advocacy at the Community Level 125
• The Use of Cuftural Relativism 70
4- DOCUMENTATION WORK FROM AN ACTIVIST PERSPECTIVE 79 CONCLUSION 12g
• The Use of Different Strategies to Achieve Common Goals 81
Appendix 1 Factors that Perpetuate Gender-based Violence 132
• The Impact of Diversity of Contexts and Political
Approaches When Choosing Strategies 86 Appendix 2 Convention on the Elimination of All Forms
• Collection of Evidence for Documentation Purposes 86 of Discrimination Against Women 134
• Documentation for Use at the International Level 90 Appendix 3 CEDAW Complaint Form 153
- Guidelines of the Quick Response Desk 90 Appendix 4 Complaint Form to the Special Rapporteur
- Complaints under CEDAW 92 on Violence Against Women 161
- Complaints to the Human Rights Committee Appendix 5 Useful Addresses . 167
- Communications with the Commission
on the Status of Women 93 Appendix 6 Women's Human Rights Resources 169
- Producing a Shadow Report 94
• Documentation at the National Level 95
- Information Needed for a Legal Case TabLe 1 Human rights provisions relevant
- Information Needed for a Campaign 96 to the issue of violence against women 46
• Choice of Methodology for Documentation Work 98 Table 2 Categories of violence against women 50
- General Aspects 98
Table 3 Key considerations 100
- Overall Principles 99
• Effective Remedial use of Documented Materials Table 4 Tracking promises made by governments 106
and Evidence 104
- The International Level 104
- International Human Rights Advocacy 112
- Campaigns and Tribunals 112
Q Documenting Women's Rights VioLations by Non-state Actors Documenting Women's Rights VioLations by Non-state Actors 0
GLOSSARY OF ACRONYMS
Asia Pacific Women, Law & Development
African Women's Leadership Institute
Beijing Declaration and Platform for Action
Convention on the Elimination of All Forms
of Discrimination Against Women
Commission on the Status of Women
Declaration on the Elimination of Violence Against Women
UN Economic and Social Council
Female genital mutilation
International Criminal Court
International Covenant on Civil and Political Rights
International Covenant on Economic, Social
and Cultural Rights
International Criminal Tribunal for Rwanda
International Criminal Tribunal for the Former Yugoslavia
India Development and Relief Fund
International non-governmental organizations
Ugandan army
Women Living Under Muslim Laws
Violence against women is perhaps
the most shamefrl human rights violation,
and it is perhaps the most pervasive.
It knows no boundaries of geography, culture
or wealth. As long as it continues, we cannot
claim to be making real progress towards
equality, development and peace.
Message of Kofi Annan, UN Secretary-General,
on International Day for the Elimination of
Violence Against Women, 19g9.
APWLD
AWLI
BDPA
CEDAW
CSW
DEVAW
ECOSOC
FGM
ICC
ICCPR
ICESCR
ICTR
ICTY
IDRF
INGOS
UPDF
WLUML
Documenting Women's Rights VioLations by Non-state Actors
Documenting Women's Rights VioLations by Non-state Actors
INTRODUCTION
Article 1 of the Universal Declaration of Human Rights
states that “All human beings are born free and equal in
dignity and rights.” Human rights are, therefore, universal.
In his opening statement to the gg World Conference on
Human Rights (Vienna), the former UN Secretary-General,
Boutros Boutros-Ghali, affirmed several principles. 1 Among
them were the following:
• Human rights “viewed at the universal level, bring us
face-to-face with the most challenging dialectical con-
flict ever: between ‘identity' and ‘otherness', between
the ‘myself' and ‘others They teach us in a direct,
straightforward manner that we are at the same time
identical and different.”
• Human rights ‘ .. are not the lowest common denomina-
tor among all nations, but rather [ ...] the ‘irreducible
human element', in other words, the quintessential
values through which we affirm together that we are a
single human community.”
• Human rights “... constitute the common language of
humanity. Adopting this language allows all people to
understand others and to be the authors of their own
history. Human rights, by definition, are the ultimate
norm of all politics.”
1 The full text of Boutros Boutros-Ghali's opening statement is available in World
Conference on Humon Rights: The Vienno Declorotion ond Progromme of Action, June
19g3, published by the United Nations.
Documenting Women's Rights VioLations by Non-state Actors Q
For years, the accepted wisdom was that human rights prin-
ciples and law applied only, or mainly, to the mediation of
the relationship between citizen and State. This view was
held and promoted by, among others, academics, lawyers
and jurists, as well as a number of international non-gov-
ernmental organizations (INGOs) and activists. The majority
of these institutions and individuals were based, lived and
worked in North America and Western Europe. At the same
time, the doctrine of due diligence (the State's obligation to
protect and promote rights and freedoms) was mainly inter-
preted as the obligation of the State to “sanction itself.” Its
agents (e.g., police, security forces, military) were to act in
a manner consistent with the protection of human rights.
Institutions (e.g., the justice system, legislative bodies,
ministries and departments) were to be established and run
on the same basis. Under this classical interpretation of
rights, only States could violate human rights and anyone
else who acted inappropriately was a criminal. In the case
of an institution or organization, it was seen as a criminal
enterprise. A wide margin of appreciation was granted to
States in terms of accountability and remedy. The notion
of a private sphere of human behaviour, in which the state
could not or should not interfere, was sustained.
With few exceptions, the approach taken by INGOs did not
change much until the mid to late 1990s and, even then,
the focus tended to be on such non-state actors as armed
opposition groups and/or secessionist movements. In part,
this reluctance reflected a concern that to apply human
rights methodology and monitoring to such entities would
confer on them a quasi-state status to which the rights,
privileges and immunities of a State would attach. The
unwillingness to deal with non-state actors systematically
also reflected the determination not to shift the emphasis
away from the responsibility of the State to ensure the
well-being of all persons living in the territory over which
it exercised jurisdiction. Failings or inadequacies, especially
in the area of civil law and personal status, including in
developed countries, were largely left to be discovered and
remedied through internal critique.
The question of jurisdiction and/or effective control of ter-
ritory still tends to define the thinking — in terms of non-
state entities — of a number of individuals and institutions
working in the area of human rights. As such, the emphasis
remains on individuals and groups in armed opposition. It
is posited: (a) “armed opposition groups exercising ‘effec-
tive power' over a significant segment of population and
conducting sustained organized armed hostilities” may “for
both conceptual and legal reasons be considered capable of
violating human rights”; (b) the behaviour of an “armed
opposition group not exercising effective power” cannot
be similarly characterized. 2 In the latter case, it is assumed
that States can and will responsibly apply relevant and
appropriate internal criminal sanctions against members of
such a group and that international and regional standards
and law generally do not apply to such entities.
The separation of behaviours and laws which may or may
not apply — between those of State/non-state and pub-
lic/private nature — may be tidy and even convenient.
Its effect, however, has been to establish an “international
methodology” which is still maintained in some quarters
and through which crimes against, and abuse and viola-
tions of women and girls (and, it may be argued, in some
2 NigelS. Rodley, “Can Armed Opposition Groups Violate Human Rights?” p. 298, in K.E.
Mahoney and P. Mahoney (eds.), Humon Rights in the Twenty-first Centuxy, (Martinus
Nijhoff, Netherlands), 1993.
Q Documenting Women's Rights VioLations by Non-state Actors
Documenting Women's Rights VioLations by Non-state Actors Q
instances against persons belonging to vulnerable groups)
are sidetracked. The question is: Can this still be justified?
With these and other points in mind, this manual aims to
provide tools to help further the work of activists — partic-
ularly those investigating and addressing violence against
women perpetrated by non-state actors. It is especially
designed for activists without legal backgrounds, with the
aim of directing them towards legal definitions and human
rights mechanisms that may help them in their efforts to
ensure that states fully meet their obligation to protect.
Despite the considerable achievements of the women's move-
ment over the last decades in exposing violence against
women as a human rights violation, it occurs in every coun-
try and cuts across class, race, ethnicity or religious affili-
ation. This violence is manifested in different ways in dif-
ferent contexts. The various ways in which it is described,
however, often tends to blurs its essential nature. As Widney
Brown rightly points out “whether we call it ‘honour crime'
in Jordan, or ‘crime of passion' in Mexico or ‘domestic vio-
lence' in the United States, and whether some terms appear
more loaded than others, what we are really talking about,
in each instance, is violence against women.” 3
While all women are vulnerable to violence, there are factors
that increase the risk of some women becoming victims of
violence and/or reduce their access to justice. For example:
• the dual effect of being female and economically deprived
or dependent, trapping a woman in a violent situation; 4
3 Widney Brown, Deputy Program Director, Human Rights Watch, phone interview,
October 12, 2DD4.
4 The Beijing Platform for Action (1995) defines the “low social and economic status of
women” as “both a cause and a consequence of violence against women,” chapter iv
(Strategic Objectives and Actions), article 112; A/CONF.177/20, October 17, 1995.
• race as an additional factor in some societies;
• the status of migrants in some societies; 5
• the isolation of rural settings, making it physically
impossible for women to use various services
(e.g., medical, temporary shelter, counselling);
• age, health status, sexual identity or access to knowledge.
It is important, therefore, to systematically consider the inter-
connection between various forms of oppression and violence.
The concept of non-state actors and its relationship with
international human rights law is complex and multi-fac-
eted. It is therefore not possible in one manual to address
each and every area. While gender violence affects both
women and men (and men in different ways than women),
the focus is specifically on violence against women.
S See for example, Mallika Dutt, Leni Martin and Helen Zia, Migrant Women's Human
Rights in 0-7 countries — Organizing Strategies, Family violence Prevention Fund
and center for Women's Global Leadership, 1997, p. 69.
The UN General Assembly, in its Declaration on Elimination of
Violence Against Women (1993, also referred to as DEVAW in
the text), expressed its concern that “Some groups of women,
such as women belonging to minority groups, indigenous
women, refugee women, migrant women, women living in rural
or remote communities, destitute women, women in institu-
tions or in detention, female children, women with disabilities,
elderly women and women in situations of armed conflicts, are
especially vulnerable to violence.”
Q Documenting Women's Rights VioLations by Non-state Actors
Documenting Women's Rights VioLations by Non-state Actors Q
Three categories of non-state actors are considered:
• Non-state actors in the family: blood relatives (parents,
siblings, extended family members) and partners (in
both married or common law unions);
• Non-state actors in the community: e.g., neighbours as
well as unknown persons, the medical profession, employ-
ers, religious leaders or educational institutions operat-
ing outside the state system (for example, madrassas);
• Non-state actors in the context of conifict — armed groups:
e.g., the use of sexual violence as a strategy of war, the need
to enforce at the legal level the accountability of membei of
armed groups who commit acts of violence against women.
In terms of relatives and other non-state actors within the
community, the legal framework most often cited is inter-
national human rights standards, in addition to regional
or national mechanisms. 6 With respect to armed groups,
international humanitarian law defines what is permissible
— or not — in armed conflicts, supported by provisions in
specific human rights instruments. 7
There are a number of issues that are not included in this
manual but that may be discussed in other publications.
They include the following:
• Violence against girls: prenatal sex selection, female
infanticide, malnourishment of girls to provide more food
for boys, sexual abuse, incest, sexual mutilation, early
marriage, forced labour, trafficking, denial of education,
imposition of dress codes, abduction by one parent, etc.;
• Violence against women perpetrated by mercenaries and
private security companies;
• The violence women face from their employers or
co-workers within the context of global trade.
The manual has two main aims: (a) to facilitate the
understanding of formal legal approaches by explaining
the steps involved in documenting human rights violations
by non-state actors within the international human rights
system; (b) to explore non-legal approaches, i.e., activ-
ist work that is carried on outside the formal law-based
human rights system but that uses human rights concepts
and principles.
It also describes documentation work related to the kinds of
abuses to which women fall victim. It highlights the process
of evidence collection, the use of different methodologies to
6 The terms “human rights standards” or “international standards” refer to the various
instruments (declarations, conventions, covenants, etc.) that set out the principles and
definitions of rights within the international system.
7 For example, the UN Declamtion on the Protection of Women and Children in Emergency
and Armed Conflict, adopted by the UN General Assembly in 1966 and entered into force
in March 1976; Security Council Resolution 1325 on the Rights of Women and Children
in Armed Conflict.
“Gender refers to socially constructed roles of men and women
ascribed to them on the basis of their sex, whereas the term
‘sex' refers to biological and physical characteristics. Gender
roles depend on a particular socio-economic, political and cul-
tural context, and are affected by other factors, including age,
race, class and ethnicity. Gender roles are learned, and vary
widely within and between cultures. Unlike a person's sex, gen-
der roles can change. Gender roles help to determine women's
access to rights, resources and opportunities.”
Implementation of the outcome of the Fourth World Conference on
Women, A/51/322, paras. 7—14.
Q Documenting Women's Rights VioLations by Non-state Actors
Documenting Women's Rights VioLations by Non-state Actors 0
gather such evidence, and information on what to do with
it. Attention is also given to some of the questions activists
must ask themselves beforehand. The scope of this manual
does not allow for a detailed explanation of the requirements
for legal documentation, since legal remedies and procedures
are based on the domestic legal framework of a given coun-
try. Information is included, however, on how activists use
evidence based on documentation work in non-legal ways.
It is not the aim of the manual to promote one strategy
over the other. At times, different strategies can be com-
bined. Depending on the political context, one approach
may be more effective than another. Also, one strategy may
be more appropriate in a certain setting, while benefiting
from the experiences gained elsewhere. The manual offers
examples of how women have used human rights in their
local context while providing information that can help
them become more familiar with — and possibly engage in
— the international human rights system.
The manual offers concrete examples of specific kinds of
violence against women perpetrated by non-state actors
and identifies strategies that have been used in various
regions to address them. The emphasis is on strategies that
have proved successful. Arguments that challenge the work
of women's advocates and the issue of possible backlash are
also addressed.
STANDARDS FOR
DOCUMENTING ABUSES
BY NON-STATE ACTORS
U
The principles of universality, inalienability, interdepen-
dency and indivisibility of human rights are affirmed in
all major international and regional human rights treaties
and associated instruments (such as declarations). This
principle does not allow for a system based on a hierarchy
of rights. The treaties clearly set out the duty of States to
ensure not only the respect of these rights but also their
protection and promotion. Many also refer to the duty of
States not to support, condone or tolerate activities and
actions by non-state actors that result in the abuse of the
human rights of others. The duty of States to protect re-
quires that they take appropriate and proportionate action,
when needed, against, for example, “a group or person,”
“private persons,” “any person, organization or enterprise,”
“individuals, groups of individuals, institutions or non gov-
ernmental organizations,” “legal persons” or “an organized
criminal group.” 8
Despite these and similar references in treaties, the inter-
national community has been slow to accept that violence
against women is a human rights violation and a criminal
act. In 1945, for example, the statutes of the Nuremberg
8 These and similar references are found in the International Bill of Human Rights, the
Convention on the Elimination of All Forms of Discrimination against Women, the
Declaration on the Elimination of Violence against Women, the Convention on the
Rights of the Child, the Convention on the Rights of Migrant Workers and Members
of Their Families, etc.
Documenting Women's Rights VioLations by Non-state Actors
Documenting Women's Rights VioLations by Non-state Actors
and the Tokyo tribunals failed to include rape in armed
conflict and did not define it as a war crime. Until recently,
female genital mutilation (FGM) was seen as a cultural prac-
tice and not a violation of women's rights (see article 2b
of the Declaration on the Elimination of Violence Against
Women). And, it has only been since late 2004 that marital
rape and “honour” crimes have been addressed within the
framework of international law. The challenge that remains
is to emphasize the provisions in relevant treaties and in-
struments that refer to non-state actors and to ensure that
states take remedial action as required.
Relevant Treaties, Instruments
and Resolutions
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights
(ICCPR) was adopted by the General Assembly of the UN in
December 1966 and entered into force in March 1976. The
male orientation of the language in the English version
of the Covenant reflects the age in which it was written
and assumed that the use of, for example, male pronouns
included the female. Thus, references to “his” rights must
be read as including women and may not be construed as
exclusionary. The preamble to the Covenant sets out the
principle that
the idea' of free human beings enjoying civil
and political freedom and freedom from fear and
want can only be achieved if conditions are cre-
ated whereby everyone may enjoy his [ her] civil and
political rights, as well as his [ her] economic, social
and cultural rights
Article 2 of the ICCPR states:
Each State Party [ a state that has acceded to or rati-
fied the ICCPR] to the present Covenant undertakes
to respect and to ensure to all individuals within its
territory and subject to its jurisdiction the rights
recognized in the [ ...] Covenant, without distinc-
tion of any kind, such as race, colour, sex, lan-
guage, religion, political or other opinion, national
or social origin, property, birth or other status.
In article 3, the States Parties to the Covenant undertake
to “ensure the equal right of men and women to the enjoy-
ment of all civil and political rights” set out in the ICCPR.
In addition to the protection provided by the non-discrimi-
nation clause in article 2, a number of articles elaborate
rights that are relevant when dealing with violence against
women and non-state actors. Several of these rights are
non-derogable — i.e., no justification can be given for vio-
lating them. These non-derogable rights are
• the inherent right to life (article 6);
• the right not to be subjected to torture or cruel, inhu-
man or degrading treatment or punishment (article 7);
• the right not to be imprisoned for an inability to fulfil
a contractual obligation (article 11);
• freedom of thought, conscience and religion (article 18).
Other articles in the Covenant deal with rights that are
often particularly important to women and the issue of
violence against them — whether sanctioned by the State
or perpetrated by non-state actors. These articles refer to
the following, among other things:
Q Documenting Women's Rights VioLations by Non-state Actors
Documenting Women's Rights VioLations by Non-state Actors
• effective remedy for violations of rights; Nothing in the present Covenant may be interpret-
ed as implying for any State, group or person any
• the prohibition of slavery and the slave-trade, as well as
of servitude; right to engage in any activity or perform any act
aimed at the destruction of any of the rights and
• the right to liberty and security of person; freedoms recognized [ in the Covenant] or at their
limitation to a greater extent than is provided for
• freedom of movement and the right to choose one's own
in the [ Covenant].
residence;
The Covenant requires States to ensure that the laws are
• freedom to leave and to return to one's own country;
consistent with its provisions. The reference to a group or
• equality before the law; person means that the State must apply the laws against a
• the right to recognition everywhere as a person before group or person whose actions violate the rights set out in
the Covenant.
the law;
International Covenant on Economic, Social
• the prohibition of arbitrary or unlawful interference
and Cultural Rights
with privacy, family, home or correspondence;
The International Covenant on Economic, Social and Cul-
• freedom to hold opinions without interference;
tural Rights (ICESCR) was adopted in December 1966 and
• freedom of expression (including the right to dissent) entered into force in January 1976.
and the right to seek, receive and impart information;
Article 2 (2) stipulates that
• the right to peaceful assembly;
States Parties [ ...] undertake to guarantee that the
• protection of the family by society and the State; rights enunciated in the [ ...] Covenant will be exer-
cised without discrimination of any kind as to race,
• the right to take part in the conduct of public affairs, to
colour, sex, language, religion, political or other
vote and to be elected;
opinion, national or social origin, property, birth or
• the right of persons belonging to minorities to enjoy other status.
their own culture, to profess and practice their own
As in the ICCPR, article 3 requires States Parties to ensure “the
religion or to use their own language.
equal right of men and women to the enjoyment of all eco-
As with other international human rights treaties, the pro- nomic, social and cultural rights” set out in the Covenant.
visions of the Covenant are primarily directed at the State.
Articles in the ICESCR that are particularly relevant to wom-
Article 5 of the ICCPR, however, specifically states that en in terms of situations and places in which they may be
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vulnerable to violence and/or unfair treatment by either the
State or a non-state entity refer to, among other things:
• the right to employment, equal pay for work of equal
value, conditions of work that are not inferior to those
enjoyed by men (article 7);
• the right to social security, including social insurance
(article g);
• protection and assistance to the family; special protec-
tion to mothers for a “reasonable period” before and
after childbirth; protection of children and young per-
sons from economic and social exploitation (article 10);
• the right to the highest attainable standard of physical
and mental health (article 12);
• the right to education (article 13).
Article 5 of the ICESCR sets out the same prohibition as in
the ICCPR on activities or acts by the State, a group or per-
son that are “aimed at the destruction of any of the rights
or freedoms” set out in the Covenant “or the limitation to a
greater extent than is permitted” in the ICESCR.
Convention on the Elimination of All Forms
of Discrimination Against Women
The Convention on the Elimination of All Forms of Discrimi-
nation Against Women (CEDAW 9 ) was adopted by the UN
General Assembly in 1979 and entered into force in 1981.
9 CEDAW is also referred to as the “Treaty for the Rights of Women” or the “Women's
Convention.” Arabic, Chinese, English, French, Russian and Spanish trans l ations of
CEDAW are available from the UN at wwm.un.org/womenwatch/daw/cedaw/
As of March 2005, 180 countries had ratified CEDAW. It
is the only human rights instrument that specifically ad-
dresses women's human rights.
The principles that animate the Convention are set out in
the preamble. The specific intent, in terms of the duties
and responsibilities of States, is set out in article 2:
States Parties condemn discrimination against women in
all its forms, agree to pursue by all appropriate means and
without delay a policy of eliminating discrimination against
women and, to this end, undertake:
(a) To embody the principle of equality of men and
women in their national constitutions or other appro-
priate legislation if not yet incorporated therein and
to ensure, through law and other appropriate means,
the practical realization of this principle;
(b) To adopt appropriate legislative and other measures,
including sanctions where appropriate, prohibiting
all discrimination against women;
(c) To establish legal protection of the rights of women
on an equal basis with men and to ensure through
competent national tribunals and other public insti-
tutions the effective protection of women against
any act of discrimination;
(d) To refrain from engaging in any act or practice of dis-
crimination against women and to ensure that public
authorities and institutions shall act in conformity
with this obligation;
(e) To take all appropriate measures to eliminate dis-
crimination against women by any person, organiza-
tion or enterprise; [ emphasis added]
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(f) To take a l l. appropriate measures, including legisla-
tion, to modify or abolish existing laws, regulations,
customs and practices which constitute discrimination
against women; [ emphasis added]
(g) To repeal all national penal provisions which con-
stitute discrimination against women.
Other articles in CEDAW deal with such issues as
• temporary special measures to accelerate de facto
equality between women and men (article 4);
• the elimination of prejudices, as well as customary
and other practices, based on the idea of the inferi-
ority or superiority of either sex, and the elimina-
tion of stereotypes of the roles of women and men
(article 5);
• the common responsibility of women and men in
the upbringing and development of their children
(article 5);
• suppression of all forms of trafficking in women and
the exploitation of prostitution of women (article 6);
• the right of women, on equal terms with men, to
participate in the political and public life of the
country — to vote and to be elected, to participate
in non-governmental organizations and associations
active in this area (article 7);
• the right of women to represent the government
at the international level and to participate in the
work of international organizations (article 8);
• the right to acquire, change or retain nationality;
the nationality of children (article g);
• equal rights with men and boys in the field of edu-
cation, including measures to reduce female student
drop-out rates (article 10);
• equality in employment and free choice of employ-
ment and profession (article 11);
• the elimination of discrimination against women in
the field of health care (article 12);
• the elimination of discrimination against women in
the areas of economic and social life (article 13);
• the particular problems faced by rural women (arti-
cle 14);
• equality before the law (article 15);
• the elimination of discrimination in all matters
related to marriage and family relations (article 16).
States that have ratified CEDAW are required to take
measures to eliminate discrimination against women and to
ensure that all of the rights that are set out in the Convention
are fully protected and promoted. The international system
allows States, however, to enter reservations to provisions of
the treaties they have voluntarily ratified and the obliga-
tions they have accepted. It is these reservations that con-
tinue to be a major obstacle to full implementation by States
Parties. CEDAW remains the human rights treaty to which
more States have entered reservations than any other.
The CEDAW Committee has stated its concern about both
the number and the extent of the reservations of States
Parties to some articles of the Convention, noting in
particular, articles 9, 15 and 16. These articles deal with
nationality, legal capacity, and marriage and family
relations. The Committee noted that the Convention has more
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reservations attached to it than any other UN treaty and
stated that there is a clear discrepancy between the promotion
of women's rights and the maintenance of reservations to the
Convention. In resolution 51/68 (of December 12 1996), the
General Assembly called on States to limit the extent of any
reservation they entered to ensure that no reservations were
incompatible with the object and purpose of the Convention.
The General Assembly also called upon States to review their
reservations regularly, with a view to withdrawing them.
As noted by Ann Elizabeth Mayer:
Although few Muslim countries have ratified CEDAW,
among those who have, all have entered reservations to
its substantive provisions, several on religious grounds.
[ ...] Implicitly, the UN acquiesced to the cultural rela-
tivist position on women's rights in the Middle East,
allowing parties to CEDAW to invoke Islam and their
culture as the defence for their non-compliance with
the terms of the convention. [ ...] CEDAW was prem-
ised on the notion that, where cultural constructs
of gender were an obstacle to the achievements of
women's rights, it was the culture that had to give way
— not that women's rights should be sacrificed in situ-
ations where their realization would require modifying
local social and cultural patterns. [ ...] Unquestioning
deference to Middle Eastern governments that insist
that the international community tolerate those gov-
ernments' discrimination against women constitutes a
misguided application of cultural relativism. 10
10 Ann Elizabeth Mayer, “Cultural Particularism as a Bar to Women's Rights: Reflections
on the Middle Eastern Experience”, Women Living Under Muslim Laws, Dossier No.
16, P. 23 and p. 25.
The following (representative rather than exhaustive) list
reflects some of the failings in law or the practices through
which women are specifically disadvantaged or their rights
are violated.
Acquisition, ownership and sale of land and/or property
• In Uganda, “women make up over 80 per cent of the
agricultural labour force, but owing to a combination of
customary law, Islamic law and statutory law only seven
per cent of women own land.” 11
Marriage
• Under a local tradition in Kenya, when a woman's hus-
band dies, she must marry a member of her husband's
family (e.g., brother-in-law, uncle). 12
• In southern Zambia, women have called for the end of
lobola (bride price) because “the payment of a lot of
money to the women's parents resulted in women being
enslaved by their husbands.” 13
• In a number of countries, the age of consent for mar-
riage remains lower for women than for men.
• There remain laws allowing men to practice polygamy
while forbidding women to do so.
11 Radhika Coomaraswamy, UN Special Rapporteur on Violence Against Women, in
her mport on cultum l practices in the family that are violent towards women,
E/CN.4/2002/83, para. 68.
12 “Kenya widows with HIV reject forced remarriage,” News he et, Vol. XIII, No. 3 (August
2001), p. 21, published by Women Living Under Muslim Laws, citing an article in
the May 6, 2001 edition of The Notion.
13 “Women demand end to bride price,” Ibid., p. 24, citing an article in Off our hocks,
March 2001.
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• In some countries, consent to marriage remains the pre-
rogative of a male relative and not of the girl or woman
who is to be married.
Divorce
• In Uzbekistan, the law provides an equal guarantee for
women and men of access to divorce. There is a percep-
tion by the courts, however, that their function is the
“preservation of families.” This was particularly appar-
ent in 1998, the year designated by the government as
the “Year of the Family.” In one case, despite having
produced evidence of recurring abuse by her husband,
a woman with two children was denied divorce. “After
two years and three separate court hearings she aban-
doned her efforts” and remained married. 14
• In Israel, divorce may be granted in civil court. Orthodox
Jewish women, however, are also subject to the get, a reli-
gious divorce. If a husband refuses to agree to a get, an
Orthodox Jewish woman “cannot remarry in a synagogue
and any descendants from a second marriage are considered
illegitimate for ten generations,” 15 This mle does not apply
to men, who are not seen as adulterers if they remarry.
“Honour” crimes
• Partial or complete “honour” defences remain in the Penal
Codes in a number of countries, including Pen, Bangladesh,
Argentina, Ecuador, Egypt, Guatemala, Iran, Israel, Jordan,
Syria, Lebanon, Turkey, the West Bank and Venezuela. 16
14 Socnficing Women to Sove the Fomily? Domestic Violence in Uzbekiston, Human Rights
Watch, Vol. 14, No. 4 (D), July 2001, p. 29.
15 “Jewish women protest against marriage law,” Newsheet, Vol. XIII, No. 4 (December
2001), p. 33, published by Women Living Under Muslim Law, citing an article in the
July 26, 2001 edition of The Independent (U.K).
16 Coomaraswamy, pam. 35.
• While the defence of honour is not permitted, per se,
under the law in a number of Western countries, there
remains a tendency on the part of some members of
the police, of prosecutors and of judges to accept the
defence of “provocation.” By this reasoning, the woman
is, essentially, the cause of her own demise because of
“provocative” behaviour of one kind or another. While
the defence does not necessarily lead to acquittal in
cases of marital rape or spouse murder it does produce
reduced sentences. In October 1999, a judge in Texas
(United States) sentenced a husband to four months in
prison “for murdering his wife and wounding her long-
time lover in front of their 10-year-old son.” 17
Rape
• The Penal Codes of Costa Rica, Ethiopia, Lebanon, Pen
and Unguay all have provisions under which the perpe-
trator of a rape will be pardoned if his victim agrees to
marry him.
Nationality and citizenship
• In some countries, citizenship may still only be passed
on to children through the male line. It was not until
1999 that the U.S. Supreme Court declared a similar law
unconstitutional.
Sexual slavery
• In Nepal, the Children's Act prohibits the Deuki system
under which “girls are offered to deities either by their
own families or by rich persons who buy a girl from
17 Ibid.
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her parents in order to be granted certain wishes or
heavenly favours. Such a girl, a Deuki, engages in pros-
titution. “There is a belief that sexual relations with a
Deuki are auspicious.” 18
Although prohibited by law since 1998, women remain
enslaved in Ghana under trokosi (slaves of the gods).
The practice is part of “a religious system in which a
fetish priest mediates between the gods and the people.
Young girls are enslaved to atone for the sins of a male
relative.” 19
Family
In Bangladesh, the State Acquisition and Tenancy Act
1950 includes a definition of the family under which
a daughter establishing a home separate from that of
her parents “shall not be considered as the head of her
family, whereas a son doing so would automatically
become the head of his family.” 2 °
It is important for human rights activists to argue for the
provisions of CEDAW to supersede national laws that do
not meet even the minimal requirements of the Conven-
tion. Meaningful implementation of CEDAW will also require
substantial change to a number of cultural norms that are
discriminatory towards women.
The Convention, combined with the provisions of other
human rights instruments, makes it possible for activists
to pressure governments to hold non-state actors account-
18 Ibid., para. 41.
19 Ibid., para. 42.
20 Sultana Kama l, Her Un,fearing Mind: Women ond Muslim Lows in Bonglodesh, Am o
Salish Kendro, Dhaka, 2001, p. 52.
able. Governments' argument that they cannot “interfere”
in what they define as “personal matters” is not valid. It
is therefore crucial that activists challenge governments
with actual facts. The following briefly sets out some of
the human rights tools that have proven useful to address
such issues as (a) the (mis)use of cultural arguments; (b)
the duty of States to hold accountable perpetrators in the
“private” sphere; (c) the duty to hold perpetrators belong-
ing to armed groups accountable.
An important aspect of CEDAW is that it specifically high-
lights culture and tradition as influential forces in society.
It acknowledges their impact in shaping gender roles and
in restricting women's enjoyment of rights. Other human
rights declarations or recommendations emphasize the
same point.
In addition to the UN CEDAW, regional instruments are being
developed to address violence against women. One of the best
examples of a human rights tool in terms of addressing vio-
lence against women is the 1994 Inter-American Convention
on the Prevention, Punishment and Eradication of Violence
Against Women (the Convention of Belem do Pará). Costa
Rican lawyer Ana Elena Obando pointed out that, “In the Inter-
American system, [ the Convention] is the first human rights
instrument to challenge the distinctions between the private
and the public spheres.”
Ana Elena Obando, States and Corporations: Legal Responsibili-
ties to the People, WHRNet, 2004, p.4, www.whrnet.org/docs/
issue-states_corporations. html.
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Reference points for activists are found in the following
statement by the CEDAW Committee and article 5 (a) of the
Convention:
• CEDAW Committee: Traditional attitudes by which women
are regarded as subordinate to men or as having stere-
otyped roles perpetuate widespread practices involving
violence or coercion, such as family violence and abuse,
forced marriage, dowry death, acid attacks, and female
circumcision. Such prejudices and practices may justify
gender-based violence as a form of protection or control
of women. The effect of such violence on the physical and
mental integrity of women is to deprive them of equal
enjoyment, exercise and knowledge of human rights and
fundamental freedoms. (Recommendation 19).
• CEDAW: Calling on States Parties to modify the social and
cultural patterns of conduct of men and women, with
a view to achieving the elimination of prejudices and
customary and all other practices which are based on the
idea of the inferiority or the superiority of either of the
sexes or on stereotyped roles for men and women.
When countering the argument that the State is not re-
sponsible for violations of human rights by non-state actors
(including in the family), the following points are helpful
for activists:
• The 1992 statement by the CEDAW Committee: It is
emphasized that discrimination under the Convention is
not restricted to action by or on behalf of Governments.
(Recommendation 19 on violence against women).
• Provisions in the Convention, including that States Parties
should (a) take all appropriate measures to eliminate dis-
crimination against women by any person, organization or
enterprise (article 2 (e)); (b) take all appropriate measures
to eliminate discrimination against women in all matters
relating to marriage and family relations (article 16.1).
In terms of countering the argument that the State is not
responsible for violations of human rights by armed groups,
one of the main legal concepts is based on “due diligence.”
The principle of due diligence holds that the State has a
responsibility to ensure that human rights are respected,
including in cases where both perpetrators and victims are
non-state actors. Various human rights declarations and
treaties refer to this crucial principle.
The Velasquez Rodriguez case
A landmark case relating to the principle of due diligence
was heard in the Inter-American Court of Human Rights.
Angel lvlanfredo Velasquez Rodriguez, also known as Manfredo
Velasquez, was a student who was involved in activities the
authorities considered “dangerous” to national security. He
was kidnapped in broad daylight by men in civilian clothes
who used a vehicle without license plates. The Court found, as
in other cases, the same type of denials by his captors and the
Armed Forces, the same omissions of the latter and of the gov-
ernment in investigating and revealing his whereabouts. The
Court also found the same ineffectiveness of the courts where
three writs of habeas cotpus and two criminal complaints had
been brought. The following facts were considered by the Court
to have been proven: (a) a practice of disappearances carried
out or tolerated by Honduran officials existed between 1981
and 1984; (b) Manfredo Velasquez disappeared at the hands
of or with the acquiescence of officials within the framework of
that practice; and (c) the government had failed to guarantee
the human rights affected by that practice.
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The Court stated:
A caLL to accountability
Thus, in principle, any violation of rights recognized by the
Convention carried out by an act of public authority or by
persons who use their position of authority is imputable to
the State. However, this does not define all the circumstanc-
es in which a State is obligated to prevent, investigate and
punish human rights violations, nor all the cases in which
the State might be found responsible for an infringement
of those rights. An illegal act which violates human rights
and which is initially not directly imputable to a State (for
example, because it is the act of a private person or because
the person responsible has not been identified) can lead
to international responsibility of the State, not because of
the act itself, but because of the lack of due diligence to
prevent the violation or to respond to it as required by the
Convention [ the American Convention on Human Rights].
Inter-American Court of Human Rights, Velasquez Rodriguez Case,
Judgment of Jury 29, 1988 para. 112.
Amnesty International highlighted the importance of this
legal principle in its Stop Violence Against Women cam-
paign. The organization stated:
The general principle of state responsibility requires
that when states know, or ought to know, about
abuses of human rights, and fail to act to take
appropriate steps to prevent the violations, then
they bear responsibility of the action. [ ...] Exercis-
ing due diligence includes taking effective steps
to prevent abuses, to investigate them when they
occur, to prosecute the alleged perpetrators and
bring them to justice in fair proceedings, and to
ensure adequate reparations for the victims, includ-
ing rehabilitation and redress! 1
In 2001, Catholics for a Free Choice (CFFC) launched its Call to
Accountability campaign, to expose sexual abuse perpetrated
by male clergy and to “hold accountable the individuals and
institutional leadership involved or complicit in this problem.”
The abuses occurred in dozens of countries on all continents.
CFFC's campaign focused on the abuse of nuns by priests, but
also dealt with three main forms of abuse: child sexual abuse,
sexual exploitation and sexual harassment. The campaign drew
from testimonies and academic research, such as a 1996 survey
which revealed that a “minimum” of 40 percent of nuns in the
United States (or about 34,000 women) had “suffered some
form of sexual trauma.”
See John T. ChibnaU., Ann Woft and Pau N. Duckro, “A Nationat
Survey of the Sexual Trauma Experiences of Catholic Nuns,”
Review of Religious Research, VoL 40, No. 2, December 1998,
Saint Louis University, pp.142-167. See also CFFC updated information
and briefing papers at www.catttoaccountabitity.org/
Optional Protocol to CEDAW
The Optional Protocol (the Protocol) to the Convention on the
Elimination of Discrimination Against Women was adopted
in December 1999 and entered into force in December 2000.
The Protocol provides for a complaints procedure through
which women may seek remedy for violations of their
human rights.
In the preamble to the Protocol, States Parties reaffirm
“their determination to ensure the full and equal enjoy-
ment by women of all human rights and fundamental free-
21 Amnesty International, Making Rights a Reality: Building your Campaign — Stop
Violence Agoinst Women, June 2004, p. 3, available at http://meb.amnesty.org/
actforwomen/reports-index-eng.
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doms and to take effective action to prevent violations of
these rights and freedoms.” Article 17 provides that no
reservations to the Protocol are permitted. A State that
has ratified or acceded to the Protocol may not, therefore,
establish grounds, situations or laws that, in the view of
the authorities, should not be subject to complaints under
the Protocol.
States Parties to the Protocol recognize the competence of
the Committee on the Elimination of Discrimination against
Women to receive and consider communications. Article 2
stipulates that communications
may be submitted by or on behalf of individuals
or groups of individuals, under the jurisdiction of a
State Party, claiming to be victims of a violation of
any of the rights set forth in the [ CEDAW] Conven-
tion by that State Party. Where a communication is
submitted on behalf of individuals or groups of indi-
viduals, this shall be with their consent unless the
author can justify acting on their behalf without
such consent.
Appendix 3 of this manual provides a copy of the form used
by the CEDAW Committee for receipt of communications.
Article 5 of the Protocol stipulates that
At any time after the receipt of a communica-
tion and before a determination on the merits has
been reached, the Committee may transmit to the
State Party concerned for its urgent consideration
a request that the State Party take such interim
measures as may be necessary to avoid possible
irreparable damage to the victim or victims of the
alleged violation.
Article 6 requires a State against which a complaint has
been submitted to the Committee, to provide written
explanations or statements clarifying the matter and the
remedy, if any, that may have been provided. After examin-
ing a communication, the Committee transmits its views on
it, together with its recommendations, if any, to the parties
concerned. The State is then required to submit to the Com-
mittee, within six months, a written response, including
information on any action taken in the light of the views
and recommendations of the Committee.
Under article 8, if the Committee receives reliable informa-
tion indicating grave or systematic violations of the rights
set out in CEDAW, the Committee may designate one or
more of its members to conduct an inquiry and to report
urgently to the Committee. If necessary, the inquiry may
include a visit to the State concerned. Article 11 requires
the State to “take all appropriate steps to ensure that indi-
viduals under its jurisdiction are not subjected to ill-treat-
ment or intimidation as a consequence of communicating
with the Committee pursuant to the present Protocol.”
As with the optional protocols to other human rights trea-
ties, the views and recommendations of the CEDAW Commit-
tee are not legally binding and there is no direct sanction
that the Committee can apply in response to the failure of
a State to take the necessary remedial action. This does not
mean, however, that the outcome of cases considered under
the Protocol have no value. It may well be that the State
will take the necessary action to correct a current situation
and to prevent future violations. The decisions of the Com-
mittee are also widely published and can provide the basis
upon which activists may orient their work in the future.
It is also possible that the cases will highlight situations
which may then be addressed either by individual States
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in their bilateral relations, or by other human rights proce-
dures within the UN system, or both.
Other Treaties
In addition to the treaties noted above, there are several
others that activists may want to review when dealing with
violence perpetrated by non-state actors. These include
• the Convention on the Prevention and Punishment of
Genocide (1948);
• the Convention Relative to the Protection of Civilian
Persons in Times of War (1949—the Fourth Geneva
Convention);
• the Convention Relating to the Status of Refugees (1951);
• the Convention for the Suppression of the Traffic in
Persons and of the Exploitation of the Prostitution of
Others (1951);
• the Protocol to Prevent, Suppress and Punish Traffick-
ing in Persons Especially Women and Children, supple-
menting the United Nations Convention against Tran-
snational Organized Crime (adopted by the General
Assembly in November 2000, not in force at the time
this manual was prepared);
• The International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their
Families (1990);
• the Convention on the Nationality of Married Women
(1958);
• the Convention on the Reduction of Statelessness (1975);
• the Convention relating to the Status of Stateless
Persons (1960);
• the Convention relating to the Status of Refugees (1954);
• the Protocol relating to the Status of Refugees (1967).
As well as international treaties, there are regional human
rights treaties with key provisions relating to the equality
rights of women. These include
• the European Convention for the Protection of Human
Rights and Fundamental Freedoms (1953);
• the American Convention on Human Rights (1978);
• the African Charter on Human and People's Rights (1981);
• the Inter-American Convention on the Prevention,
Punishment and Eradication of Violence Against
Women (1995).
As this section on international treaties demonstrates,
there are human rights provisions that are relevant to the
issue of violence against women and the role non-state
actors play in it. It is up to activists to decide whether or
not to use the international system. Should they choose
to do so, the following chart outlines some issues that can
be addressed: (a) the issue; (b) the relevant human rights
provision; (c) the source; (d) comments on why and/or how
provisions are legally enforceable.
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Table 1: Human rights provisions relevant to the issue of violence against women
The issue
Relevant human rights provisions
Source
Legal enforcement
Traditional
attitudes which
are detrimental to
women, and their
consequences, (i.e.,
harmful customary
practices, such as
female genital
mutilation)
Traditional attitudes by which women
are regarded as subordinate to men or
as having stereotyped roles perpetuate
widespread practices involving violence
or coercion, such as family violence and
abuse, forced marriage, dowry death, acid
attacks, and female circumcision. Such
prejudices and practices may justify
gender-based violence as a form of
protection or control of women. The
effect of such violence on the physical
and mental integrity of women is to
deprive them of equal enjoyment,
exercise and knowledge of human
rights and fundamental freedoms.
CEDAW
Committee,
Recommendation
ig
States Parties to
CEDAW must give
due weight to
the Committee's
recommendations
and can be
challenged when
they do not.
Gender-based
violence and sexual
exploitation
States Parties should take all appropriate
measures to modify the social and cultural
patterns of conduct of men and women,
with a view to achieving the elimination
of prejudices, and customary and all other
practices which are based on the idea of
the inferiority or the superiority of either
of the sexes or on stereotyped roles for
men and women.
CEDAW,
article 5 (a)
States Parties have
an obligation to
ensure that the
Convention is fully
implemented,
subject to any
reservations that
a State may have
entered to it.
Dowry death,
“honour” killing,
forced confinement
or sedusion, etc.
Everyone has the right to life, liberty and
security of person.
Universal
Declaration of
Human Rights
(UDHR), article
3; DEVAW, article
3 (a)
The UDHR and
DEVAW are part of
customary law and
entail legal obliga-
tions for the State.
Sexual violence
Everyone has the right not to be subjected
to torture, or to other cruel, inhuman or
degrading treatment or punishment.
UDHR, article 5;
DEVAW, article
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Declaration on the Elimination of Violence
Against Women
The Declaration on the Elimination of Violence Against
Women (DEVAW) was adopted by the UN General Assem-
bly in December 1993. The Declaration establishes that
violence against women shall be understood to encompass,
but not be limited to violence (a) occurring in the family;
(b) occurring in the general community; (c) perpetrated or
condoned by the State.
The Declaration is not a legally binding instrument as such
but it does clarify the right to equality in the family, includ-
ing in terms of security of the individual. Article 1 states
that “The term ‘violence against women' means any act of
gender-based violence that results in, or is likely to result
in, physical, sexual or psychological harm or suffering to
women, including threats of such acts, coercion or arbitrary
deprivation of liberty in public or in private life.” [ Emphasis
added] Article 2 (a) specifically refers to “physical, sexual
and psychological violence occurring in the family.”
Article 4 (c) of the Declaration urges States “to exercise
due diligence to prevent, investigate and, in accordance
with national legislation, punish acts of violence against
women, whether those acts are perpetrated by the State or
by private persons.”
From the perspective of women's rights activists, the broad
categories used in DEVAW do not necessarily reflect the
full spectrum of violations that women face in different
contexts.
Q Documenting Women's Rights VioLations by Non-state Actors
Documenting Women's Rights VioLations by Non-state Actors 0
Table 2: Categories of violence against women
This manual focuses on the first two categories since
“violence perpetrated or condoned by the State” does not
apply to non-state actors. Also, activists often point to such
practices and incidents as incest, virginity tests (enforced
by blood relatives or in-laws), enforced heterosexuality,
sexual coercion within marriage (including marital rape),
enforced impregnation, forced sterilization, or “honour”
killing. They distinguish between different categories of
sexual violence (e.g., rape in marriage, gang rape, rape by
employers, etc.). None of these is explicitly mentioned in
DEVAW, yet they take place on a regular basis throughout
the world. Recognizing this fact, the Declaration clearly
states that the types of violence noted in the table above
do not necessarily represent the entire range of violations
of women's human rights (“not limited to”). It may also
be helpful to note that in Recommendation 19, the CEDAW
Committee included other instances of violence against
women by non-state actors, referring to “widespread prac-
tices involving violence and coercion, such as family vio-
lence and abuse, forced marriage, dowry death, acid attacks
and female circumcision.”
Beijing Declaration and Platform for Action
The Fourth World Conference on Women was held in Beijing
in October 1995. The Beijing Declaration and Platform for
Action (BDPA) focuses on the human rights of women,
including in the areas of violence against women, health,
equality and non-discrimination under the law and in
practice. The Declaration and Platform also deal with such
issues as education and training, women and armed conflict
and participation in conflict resolution. Violence against
women was identified as one of 12 critical areas of concern
that required urgent action. The BDPA urges governments
to “take urgent action to combat and eliminate violence
against women, which is a human rights violation, result-
ing from harmful traditional or customary practices, cul-
tural prejudices and extremism.” 22
The Commission on the Status of Women
The Commission on the Status of Women (CSW) was estab-
lished in 1946 and consists of 32 State members. It reports
to the UN Economic and Social Council (ECOSOC) and makes
22 Strategic Objective 1.2, Article 232.g.
Violence occurring in the family
Physical, sexual and psychological violence, including
• battering
• sexual abuse of female children in the household
• dowry-related violence
• marital rape
• female genital mutilation and other traditional practices
harmful to women
• non-spousal violence
• violence related to exploitation
Violence occurring in the general community
Physical, sexual and psychological violence, including
• rape
• sexual abuse
• sexual harassment and intimidation at work,
in educational institutions and elsewhere
• trafficking in women
• forced prostitution
Violence perpetrated or condoned by the State
• Physical, sexual and psychological violence,
wherever it may occur
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recommendations on issues related to women's rights. Its
tasks are to promote implementation of the principle that
women and men have equal rights and to assist in main-
streaming a gender perspective in UN activities. Its focus is
on women's rights in the political, economic, social and ed-
ucational spheres. In 1987, the CSW mandate was expanded
to include regular “expert group” meetings. After the 1995
Fourth World Conference on Women, the General Assembly
mandated the Commission to regularly review critical areas
of concern (the main themes agreed upon in Beijing). The
Commission's work remains closely related to the BPFA with
the emphasis placed on its effective implementation.
Treaty Bodies and Other Procedures
Committee on the Elimination of Discrimination
Against Women
The Committee on the Elimination of Discrimination against
Women (the CEDAW Committee) was established in 1982
and consists of 23 experts “of high moral standard and
competence in the field.” Members are elected for a four-
year term. The Committee monitors the implementation of
CEDAW and also issues specific recommendations. Recom-
mendations that have a particular importance in relation
to non-state actors include the following:
• Recommendation 12 (1989): defining violence against
women as a form of discrimination that seriously “inhib-
its women's ability to enjoy rights and freedom on a basis
of equality with men”;
• Recommendation 14 (1990): dealing with female genital
mutilation and other traditional practices harmful to
women;
• Recommendation 18 (1991): acknowledging the “double
discrimination linked to [ disabled women's] special
living conditions”; this Recommendation calls on States
to take “special measures” to ensure that such women
have “equal access to education and employment, health
services and social security, and to ensure that they can
participate in all areas of social and cultural life.”
Human Rights Committee
The Human Rights Committee monitors implementation of
the International Covenant on Civil and Political Rights by
States that have either ratified or acceded to this treaty.
In 1995, the Committee amended its guidelines for States
Parties reporting to it and emphasized the responsibil-
ity of States to ensure the protection and promotion of
women's human rights. The Committee, made of up to 18
experts, often raises issues of violence against women, in-
cluding by non-state actors (e.g., trafficking, enforcement
of dress codes, marital rape, female genital mutilation).
States Parties must now report on “factors affecting the
equal enjoyment of rights by women under each article of
the Covenant” and include in their reports to the Commit-
tee “practical matters concerning equality of status and the
human rights of women.” 23
23 UN Division for the Advancement of Women (Department of Economic and Social
Affairs), Integroting o gender perspective into UN hurnon rights work, Women 2000,
December 1998, p. 7.
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UN Special Rapporteur on Violence Against Women
The mandate of the Special Rapporteur on Violence Against
Women, its Causes and Consequences, was established by the
Commission on Human Rights in 1994. The mandate allows the
Special Rapporteur to monitor and report on the following:
• violence in the family (including domestic violence,
traditional practices, infanticide, incest, etc.);
• violence in the community (including rape, sexual
assault, sexual harassment, commercialized violence,
labour exploitation, etc.);
• violence by the State (including violence in detention
and custody, as well as in situations of armed conflict,
violence against refugee women).
United Nations World Conferences
The declarations and programmes or platforms for action
that have been adopted by States at the various UN con-
ferences and follow-up meetings are not legally binding.
Nonetheless, States are expected to fulfil the commitments
that were made and to take measures to implement, in full,
the outcome documents of these conferences and summits.
It should also be noted that the responsibilities of the in-
ternational community and the UN system are elaborated in
these programmes and platforms.
• Nairobi, July 1985: The General Assembly declared 1976 to
1985 as the Decade for Women and highlighted three main
goals — equality, development and peace. The Nairobi
conference reviewed the progress made and the obstacles
encountered during the Decade for Women. The Forward
Looking Strategies document that was adopted in Nairobi
called for improvements in the areas of sexual equality,
women's autonomy and power, recognition of women's
unpaid work and advances in women's paid work.
• Vienna, June 1993: At the Vienna World Conference
on Human Rights, UN Member States officially recog-
nized women's rights as human rights and stated that
gender-based violence is a human rights violation.
This significantly expanded the international human
rights agenda to include gender-specific violations. The
Vienna Declaration and Programme for Action called
for the integration of efforts to ensure women's human
rights within all UN activities.
• Cairo, September 1994: The Programme of Action
adopted at the Conference on Population and Develop-
ment focused on gender equality, equity and empow-
erment. It endorsed a new strategy, emphasizing the
numerous links between population and development
and insisted on meeting the needs of individual women
and men rather than on achieving demographic targets.
The Programme of Action emphasizes the need for men
to take responsibility for their sexual behaviour as well
as their shared responsibility for and active involvement
in parenthood. The Conference also noted their respon-
sibility in the area of prevention of sexually transmitted
diseases, including HIV.
• Copenhagen, March 1995: The World Summit for Social
Development examined the issues of poverty and women's
economic rights. The Summit considered social develop-
ment as going beyond the provision of food, shelter, edu-
cation and health services. Social development was seen
to include empowerment and the creation of opportunities
for individuals and communities to determine their own
lives and well-being.
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Security Council Resolution 1325
In addition to the above treaties, political bodies, treaty
monitoring bodies and mechanisms, activists may also refer
to Security Council Resolution 1325 on Women, Peace and
Security. This resolution was adopted in October 2000.
In this resolution, the Security Council
• expressed concern that civilians, particularly women
and children, account for the vast majority of those
adversely affected by armed conflict, including as refu-
gees and internally displaced persons, and increasingly
are targeted by combatants and armed elements;
• reaffirmed the need to implement fully international
humanitarian and human rights law that protects the
rights of women and girls during and after conflicts;
• requested that the UN Secretary General provide States
with training guidelines and materials on the protec-
tion, rights and the particular needs of women, as well
as on the importance of involving women in all peace-
keeping and peace-building measures;
• called on all actors involved, when negotiating and
implementing peace agreements, to adopt a gender
perspective, including, inter alia, (a) the special needs
of women and girls during repatriation and resettle-
ment and for rehabilitation, reintegration and post-
conflict reconstruction; (b) measures that support local
women's peace initiatives and indigenous processes for
conflict resolution, and that involve women in all of the
implementation mechanisms of the peace agreements;
(c) measures that ensure the protection of and respect
for human rights of women and girls, particularly as
they relate to the constitution, the electoral system,
the police and the judiciary.
The Security Council called upon all parties to armed conflict
• to respect fully international law applicable to the
rights and protection of women and girls, especially
as civilians (e.g., the Geneva Conventions of 1949, the
Refugee Convention of 1951 and others);
• to take special measures to protect women and girls
from gender-based violence, particularly rape and other
forms of sexual abuse, and all other forms of violence in
situations of armed conflict;
• to respect the civilian and humanitarian character of
refugee camps and settlements, and to take into account
the particular needs of women and girls, including in
their design.
The Council further
• emphasized the responsibility of all States to put an
end to impunity and to prosecute those responsible
for genocide, crimes against humanity and war crimes,
including those relating to sexual and other violence
against women and girls;
• stressed the need to exclude these crimes, where feasi-
ble, from amnesty provisions;
• encouraged all those involved in the planning for disar-
mament, demobilization and reintegration to consider
the different needs of female and male ex-combatants
and to take into account the needs of their dependants;
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• expressed its wiflingness to ensure that Security Council
missions take into account gender considerations and
the rights of women, including through consultation
with local and international women's groups.
This resolution is important because of its reference to all
parties to conflict. This clearly means non-state groups di-
rectly involved in or supporting the conflict. The references
to conditions during the post-conflict period, as well as
those in refugee camps and places of temporary shelter for
displaced persons, underline the Council's concern about
the behaviour of non-state groups and organizations, as
well as individuals. These entities include any peacekeeping
forces that may be deployed as well as individuals working
in UN field operations or as part of international humani-
tarian and relief operations carried out by non-governmen-
tal organizations.
International Criminal Court
The Rome Statute, establishing the International Criminal
Court (ICC), was adopted in July 1998. The Statute was
ratified by the sixtieth country in April 2002 and the Court
was formally established in The Hague. The ICC has the
authority to investigate and try individuals accused of the
most serious violations of international humanitarian law:
war crimes, crimes against humanity and genocide. Crimes
committed prior to the establishment of the Court may not
be prosecuted. The ICC's stated goal is to end impunity and
to prevent and reduce the crimes being committed. Rape
that fits certain criteria (such as demonstrating a system-
atic pattern) is considered as genocide and a crime against
humanity. As such, the perpetrators of this crime may be
tried by the ICC.
VIOLENCE AGAINST
WOMEN BY NON-STATE
ACTORS AND HUMAN
RIGHTS: FRAMING THE
ISSUES
Numerous studies and the testimony of women who have
been victims of violence indicate both the high levels of
such violence and the fact that only a few women (rela-
tively speaking) use the criminal justice system to obtain
justice. The Committee on the Elimination of Discrimina-
tion Against Women has stated that an estimated 25 to 30
percent of all women experience domestic violence. Oth-
er instances of violence by non-state actors were noted,
including genital mutilation, with 130 million female vic-
tims worldwide, or trafficking, with at least 4 million
women and girls sold into sexual slavery each year. Much
of this violence is invisible. In many contexts and settings,
non-state actors who perpetrate the violence — delib-
erately intimidating, attacking or murdering women —
enjoy almost complete impunity. The data available on
this subject show that the overwhelming majority of
offenders are male.
Abuses by non-state actors, which are violations of human
rights, include the following:
• Female genital mutilation: in Egypt, FGM affects women
in all communities, Muslim and as well as Christian; it
is often presented as a religious requirement, although
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the practice is virtually unknown in other regions of the
world that profess the same faith; 24
• Acid throwing and murders: in Bangladesh the attacks are
perpetrated either by young men whose sexual advances
or marriage offers have been rejected by the victims
(often very young women), or by male family members;
• Fatwas against women: this practice is linked to the
wider process of “Islamization” of Muslim communities;
the concern arises from the increasing role of informal
bodies (such as village councils, or salish) and religious
actors (such as local imams) in the use of fatwas; 25
• Incest: a widespread phenomena of rape with the aggres-
sors most frequently being the father, then a brother or
a stepfather;
• Sexual violence in public spaces: for example, the tar-
geting for violent attacks (sexual assault, harassment,
rape, forced FGM) of women from one religious com-
munity by members of another; in the Muslim context,
attacks on women who are considered to be inappro-
24 Rehana Ghadially offers a concise definition of various forms of R IM, stating: “Some
divide the practice into three and some into four types. The first, and the least severe
type, is called ritualistic circumcision, where the clitoris is merely nicked. The second
form is called circumcision, or sunna. This involves the removal of the clitoral prepuce
(the outer layer of skin over the clitoris, sometimes called the “hood”); the gland and
the body of the clitoris remain intact. Clitoridectomy or excision, a third variety involves
removal of the entire clitoris and most of the adjacent parts. Lastly, infibulation or
pharaonic circumcision includes clitoridectomy and sewing of the vulva,” See Rehana
Chadially, “All for'Izzat' — The Practice of Female circumcision among Bohra Muslims
in India,” Women Living Under Muslim Laws, Dossier No. 16, pp. 13-20.
25 Fotwos penalize women with stoning, flogging or social boycott and have appropriated
the right of judicial punishment and contravened the customary practice of so i ls / i,
a form of mediation. Afotwo is a non-binding formal opinion given by a competent
legal scholaç consulted on a specific point of law. In recent years,fotwos have been
used by certain forces for the benefit of their political agenda and to the detriment
of women. See Am 0 Salish Kendra, “So, what is a Fatwa?” Fotwos Agoinst Women
in Bongiodesh, Women Living Under Muslim Laws, 1 I 6, p. 11.
priately dressed, on the basis that they are violating
Muslim identity;
• Forced marriages: this involves the abduction and sale
of young women originally from, for example, North
Africa for the purpose of forced marriage in Europe
(e.g., France and the U.K.);
• Widowhood practices: such practices included forcing
the widow to drink the water that the body of her
deceased husband was washed in, leading to health
complications (Ilepa); the confinement of a widow in
her husband's house until the mourning period is over,
with restrictions on how she may clean, dress and feed
herself; forcing a widow to submit to rape by priests
(aja ani); depriving a widow of assets and sharing them
among the husband's relatives;
• Social pressure: manifested through forced segregation,
forced seclusion, control of mobility, imposition of dress
codes; also, public condemnation of individuals whose
behaviour is labelled “inappropriate” by community
members; verbal abuse or threats by extremist religious
leaders against women in public spaces;
• Verbal and sexual assault in public spaces: loud bawdy
language regarding the female body, hair or cloth-
ing, ogling and loud noises, and touching, pinching or
poking the most private parts;
• Domestic violence: in some countries, this is catego-
rized by police as “a family dispute,” a euphemism for
wife beating; in many countries only a relatively small
number of these cases brought to the attention of the
police are actually handled in the judicial system;
• “Honour” killings: the perpetrators are overwhelm-
ingly relatives; in Pakistan, such killings are known as
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karo-kari in the provinces of Sindh and Baluchistan and
a recent trend involves people outside the immediate
family declaring, for example, the female victim “karl”
and killing her without her father's consent;
• HIV-AIDS prevalence: this is the result of culturally
enforced norms that prevent women from negotiating
sexual relationships; forced and early marriages are an
additional factor, with the practice of marrying young
virgins to older (already infected) men;
• Economic rights: in some cases, widows are thrown out
of their family homes after the death of their husbands
by sons who inherit and sell the properties; such prac-
tices are often justified by customary laws.
These forms of violations may present regional or cultural
specificities. A common feature of them, however, is their
link to the issue of sexuality. Perpetrators often argue that
their crimes are motivated by jealousy or by their inheent
responsibility (as head of the family or as leader of the com-
munity) to ensure women's proper behaviour and uphold
“morality.” These forms of violence against women by non-
state actors are regularly justified by the supposed need to
control women's sexuality. Or, as in the case of forced pros-
titution and trafficking, the motivation is to use women's
sexuality as a commodity.
Women should wear purdah [ veiling] to ensure that
innocent men are not unnecessarily forced into becoming
rapists. If women do not want to fall prey to such men they
should take the necessary precautions instead of forever
blaming men.
Comment by a member of the Malaysian Parliament during
a 1989 debate on the reform of rape laws.
Violence Against Women During Times
of War and Conflict
In situations involving armed groups within conflict zones,
the distinction between State and non-state actors is not
always as clear-cut as it seems. There are situations where
the State uses non-state actors to commit human rights
violations. There are also situations in which factions that
challenge State authority create their own parallel judicial,
police and other structures. These resemble State struc-
tures in terms of their well established, long-standing (if
not semi-permanent) character, as well as in terms of their
impact on regulating people's lives.
In any situation of internal or transborder conflict, civilians
are often the victims of indiscriminate attacks; they may
also be deliberately targeted as members of a specific ethnic
or religious group involved in the conflict. In a number of
instances, attacks on civilians have become a strategy of
war, with non-state actors involved in systematic humili-
ation and harassment, sexual violence, mutilations, extra-
judicial executions, forced disappearances or torture. The
level of violence specifically directed at women increases
in such situations and they are the victims of violence by
non-state actors from within the family and immediate
community, as well as from State and non-state actors
engaged in armed operations. Women also constitute the
majority of people displaced by conflicts.
Various militarized factions involved in conflict also spe-
cifically target women. Some (such as divorced or single
women, women engaged in prostitution, lesbian or trans-
sexual women) are more at risk — especially when non-
state actors seek to prove their effectiveness at eliminating
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“undesirable” members of the community. Displaced women
are also vulnerable to attacks in refugee camps.
In many countries that have suffered violent conflict, the
rates of interpersonal violence remain high even after the
cessation of hostilities — among other reasons because of
the way violence has become more socially acceptable and
the availability of weapons.
Observation by the World Health Organization (WHO)
The scope of sexual violence in situations of conflict in-
cludes the following:
• systematic campaigns of rape and forced impregnation
of women and adolescents girls by armed groups (e.g.,
in Algeria, “fundamentalist” armed groups), leading to
suicides by survivors or social rejection because of the
shame that raped or pregnant women allegedly bring to
their families;
• widespread sexual crimes including rape and genital
mutilation as part of terror tactics against civilian com-
munities (e.g., Colombia); in some cases, women may be
targeted because they challenge the authority of armed
groups or are seen as the means by which to inflict
humiliation on the enemy;
• the targeting of women, as part of a conscious strategy
to terrorize the “opposing community” (e.g., Gujarat,
Rwanda) through such violence as mutilations and
gang rapes.
HUMAN RIGHTS CONCEPTS
AND THE HUMAN RIGHTS
FRAMEWORK AS CRUCIAL
TOOLS TO ADDRESS
VIOLENCE AGAINST WOMEN
BY NON-STATE ACTORS
When there are abuses by non-state actors, women's rights
advocates can refer to human rights principles in their non-
legal activist work or decide to act within the formal frame-
work of human rights law. Strategies may include (a) formal
legal approaches, including a legal analysis of the liability
of non-state actors in the formal law system (lawsuits,
lobby for changes in laws); (b) such non-legal approaches
as using human rights concepts and ideas outside the legal
system (e.g., citizens' tribunals, petition campaigns, docu-
menting and exposing abuses in reports).
A combination of strategies (for example, achieving legal
change nationally or bringing awareness locally) is crucial
to affect change because the different spheres in which
activists operate are inter-related and interdependent.
International human rights law is an effective framework to
address violence against women. Women's global movements
have made substantial advances by using the international
human rights system or human rights ideas in their local or
national campaigns.
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These gains include
Changes in Tradition and Culture
• establishing the link between women, violence and legal
rights, creating opportunities to claim rights of equality
and non-discrimination as women, as part of a wider
framework of rights that apply to all human beings;
• defining everyday violence against women as human rights
violations, meaning that instances of violence (often
excused as “normal”) are defined as incidents that are
not legally permissible and are subject to prosecution;
• establishing the basis on which discriminatory practices
can be challenged and, by association, increasing the
understanding of power structures within societies (i.e.,
what allows patriarchal religious or cultural traditions
to prevail);
• establishing the potential for the human rights approach
to be used by various movements, making women's
struggles to end violence a part of a wider project, which
involve not only women but other groups discriminated
against (viz., ending violence against women is no
longer solely a “women's issue”);
• increasing the potential for perpetrators (including non-
state actors) to be held accountable for their actions.
All human rights are universal, indivisible and interdependent
and interrelated. The international community must treat
human rights globally in a fair and equal manner, on the
same footing, and with the same emphasis. While the
sign ffi-'cance of national and regional particularities and
various historical, cultural and religious backgrounds must
be borne in mind, it is the duty of States, regardless of their
political, economic and cultural systems, to promote and
protect all human rights and fundamental freedoms.
Vienna Declaration and Programme of Action, para. 1.5.
Traditions and cultural practices adapt, disappear, are revived
or are imported from one region to another — for good and
for bad. The following examples illustrate this point.
• Cultural practices adapt: There are about 130 million
women and girls worldwide who undergo FGM, mostly
in Africa. Many activists reject the medicalization of
the practice, because it makes FGM more “acceptable”
for some people. When unable to eradicate the practice,
activists have promoted milder forms of FGM or ceremo-
nial rites. In other instances, activists have opened safe
house and shelters for young women fleeing FGM. 26
• Cultural practices disappear: In China, foot binding
was customary among Chinese women for centuries,
spreading from the aristocratic classes to other levels
of society. 27 Foot binding was banned during the 1911
revolution and the practice had faded out by the end of
the 1920s. It is now unknown to younger generations.
• Cultural practices are revived: In Europe, the practice of
veiling (covering) was limited to conservative Jewish
26 For more information on women's efforts to fight FGM, see the Research, Action and
Information Network forthe Bodily Integrity of Women (RAINBO) website: www.rainbo.
org. Also see Nahid Toubia and Anika Rahman, Femole Genito l Idufilotion: A Guide to
Lows ond Policies Worldwide, Zed Books: London, 2003.
27 Foot binding (which has been traced back as far as the ninth century) was the painful
practice of tightly wrapping the feet of girls aged three to five, with the toes bent
under the feet. In some instances, a girl's feet were as short as thwe inches (7.5cm).
This was considered beautiful. Also, foot binding was believed to make women more
sexually attractive, aid good health and fertility, and was a route to upward social
mobility. In some regions, the resulting disfiguration of foot binding was a badge of
identity separating Han Chinese from lower-status ethnic minorities. In lower classes,
there were also “looser” forms of foot binding, which began when girls were older. An
estimated 10 percent of girls died in agony from the effects of foot binding, while many
women were confined to their homes because they could hardly walk.
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and Muslim communities. It is now increasingly common
in Muslim migrant communities in France, Germany or
the UK, mostly due to its promotion by some religious
leaders as a symbol of identity.
• Cultural practices are imported: The GIA (Islamic Armed
Group) introduced, in Sunni Algeria in the 1990s, the Shia
practice of muta (marriage contracted for a pre-determined
period, from one day to 99 years), which was mostly found
in Iran. Adopting muta gave a religious justification to
male fighters who abducted young women for their sexual
fulfilment and to do domestic chores for them.
Traditions are highly sacrosanct and untouchable where
women are concerned. Still, I have seen traditions change
during my lifetime. The change was so easy and smooth
when the men took the initiative. Change, however,
requires a lot of pain and hard work when it is initiated by
women. A clear example of this, in my own county, the
Sudan, is the quick disappearance of face marks (a mutilation
women and some men endured because it is considered a sign
of beauty to cut longitudinal or horizontal marks on the face of
the women; it was also a tribal ident(fication for both men and
women). When the men decided that it was a tradition with no
value and that they preferred women without face marks, there
was a whole new attitude that affected the change. Suddenly
love songs were describing a woman with a smooth face and
women without face marks having a better chance of getting
married. Whether women understood the change in attitude or
whether they saw themselves as prettier without the marks did
not seem to have any weight in getting rid of the tradition — it
was the change in attitude of the men.
Asma Mohamed Abdel Halim, “Tools of Oppression,” in Gen-
der Violence and Women's Human Rights in Africa, Center
for Women's Global Leadership, New Jersey, 1994, p. 22.
Changes in National Legislation
Formal legal systems evolve to reflect changes in societies.
In general, these changes are not for their own sake but
are intended to correspond to “new” realities. Among other
things, changes in law may define and re-define crime,
establish or extend protections, elaborate a charter of
rights and freedoms, discontinue outmoded public institu-
tions, create new institutions, and establish health and
welfare social safety nets. The following examples highlight
several positive changes in legal regimes in recent years:
Asylum: In 1993, the Canadian government recognized
gender-based persecution as a ground for applications
for asylum. The change allows, for example, women
fleeing FGM or “honour” killings to be considered
for asylum. Other governments — including those of
Australia, the United States and New Zealand — have
also introduced guidelines that take into account
gender-based persecutions in asylum proceedings.
• “Honour” killings: In Colombia, through the 1997 enact-
ment of Law 360, the Penal Code was reformed in the
area of sexual offences. The phrase “offences to sexual
liberty and sexual propriety” was changed to “offences to
sexual liberty and human dignity.” The reform increased
the punishment for crimes committed against a spouse,
partner or ex-partner, or against a person with whom
the offender had a child. It also removed the termina-
tion of criminal proceedings in a case where the offender
marries the victim (of a rape for example).
• Equality before the law: In Morocco, the Mudawana (the
new family code), was passed in January 2004, with the
endorsement of King Mohammed VI. Prior to the change,
Moroccan men could verbally divorce their wives at any
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time (talak), and their decision was legally binding.
Under the new law, husbands must go to court to make
their repudiation binding and women are no longer
legally required to be “obedient” to their husbands. The
Mudawana takes the sharia legal concept of the wall (a
male guardian who decides the fate of a female relative)
and extends it to allow women to appoint themselves
their own legal guardian at the age of 18. The law allows
polygamy but makes it almost impossible in practice.
• Sexual violence: After lobbying by women's organiza-
tions, a new criminal law was passed in the Philippines
in 1997. The new law defines rape as violence against a
person and includes oral sex and acts of sexual torture.
Changes in the Human Rights Framework
Since the Universal Declaration of Human Rights was
adopted in 1948, States and activists alike have debated
and argued about how human rights should be interpret-
ed — individual versus collective, Western versus other,
duties versus rights. As a result, the human rights system,
intended to ensure the maximum protection and promo-
tion of rights, is in a state of constant evolution. In some
instances, the system expands as new needs emerge and,
in others, some States focus their efforts on restricting the
space in which the system may work.
The Use of Cultural Relativism
The cultural relativism debate has been going on for more
than two decades. The relativism argument, used by both
States and non-state actors, is often used to oppose efforts
by women's rights advocates to secure justice and equality
for women. The result — if not the actual aim — of such ar-
guments is to justify violence against women and other less
privileged groups in the name of cultural values. Several of
the main arguments of proponents of the cultural relativist
approach are outlined below.
Some governments refuse to address discriminatory prac-
tices, or to modify discriminatory legislation to ensure that
it reflects universal rights as guaranteed in the Universal
Declaration of Human Rights. They argue that there is no
single set of standards that can apply to all. Their main
argument is that, because cultures and traditional practices
are diverse, members of specific communities have different
rights, which ought to be based on value systems particular
to a given region. Thus, relativists promote, for example,
respect of “Asian values” or “Islamic values.” In the case
of some non-state relativist arguments, human rights are
rejected as a direct attack against “God's law.”
There is also an argument based on equating human rights
with an attack on “our” traditions and religion, inevitably
leading to a collapse of “our” cultural or religious tradi-
tions and, ultimately, of “our” societies. It is not always
clear, however, what leaders are talking about when they
refer to “our” traditions. Traditions may (a) reflect systems
of power within the same country or community, or (b)
apply differently to different categories of population.
Gender, class, caste, ethnicity, sexuality, ability, knowl-
edge, education, and marital status place individuals within
a given social hierarchy, and give — or deny — each person
certain privileges. Those enjoying privileged positions in
society are likely to want the traditions that provide them
with power to remain untouched. Others, in less privileged
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positions, likely want those traditions to change. Women,
Cultural relativists also conflate history, religion and
because of their endemic inferior status, often want the tra-
ditions that oppress them to be changed or the traditions
that are beneficial to them to be respected. The danger
in presenting traditions as immutable or fixed is that this
approach disguises the fact that traditions are, as a rule,
selectively picked to preserve power structures.
Both State and non-state actors promote notions, some-
times conflicting, of cultural identity which fit their politi-
cal needs. This carefully crafted construction of identity is
justified by references to religious or cultural traditions.
When women fight for their human rights, they are labelled
traitors to their community, religion, or tradition. In fact,
women often have no means to challenge the validity of
what is imposed on them in the name of, for example,
religious traditions.
The fact that Muslim countries have such different policies
regarding reproductive rights is in itself enlightening for
women. Algeria refused for 20 years to allow knowledge
about contraception and abortion; the Algerian govern-
ment finally changed course on contraception when the
population's growth rate reached 3.5 per cent, threatening
the ruling class privileges. Tunisia offers both contraception
and free abortion sen /ices to women. And in Bangladesh
there is forced contraception, abortion and sterilization.
In all these countries, political leaders pretend to act in
conformity with Islam, while they are simply imposing a
political solution on their population problems.
Marie Aimée Hetie-Lucas, Women Living Under Mustim Laws,
Ours by Right: Women's Rights as Human Rights, Joanna
Kerr (ed.), Led Books/The North-South Institute, jgg3, pp.
52-64, p. 53.
culture, using culture and religion to justify violations of
women's human rights and to obscure the actual history of
certain discriminatory practices. For example, Asma Khader
has challenged the myth according to which “honour”
killings are in accordance with sharia and religious prac-
tice. Khader points out that it actually derives from the
European criminal code that prevailed 200 years ago. 28 This
illustrates that the codification of colonial practices (at the
expense of indigenous traditions that were in the interest
of women) and the presentation of them as “authentic”
traditions is another tool used by some of the most vocal
cultural relativists to the detriment of women's rights.
[ An interesting fact] is that traditions which are favourable
to women are eradicated and replaced by practices inherited
from colonization. For instance, women in the Arab world
used to be called by the name of their father throughout
their lives. Recently, legal measures have been introduced
which forced women to bear the name of their husbands.
This means that in countries with high rates of divorce, and
repudiation where women may undergo several marriages
in a bfetime, a woman may have to change her name sev-
eral times, resulting in a loss of identity. This shows that
although self-proclaimed “Islamic” states pretend to regain
their identity by rejecting all Western elements imposed on
them through colonization and imperialism, they do not
mind (especially when it comes to women) incorporating
Western traditions which deprive women of an element fa-
vourable to them in the Arabo-Muslim culture.
Marie Aimée Hélie-Lucas, Ours by Right: Women's Rights as
Human Rights, p. 54.
28 Asma Khadeç in crimes Against Women Are crimes Against Humanity, report of the panel
held in December 1999, Women's Caucus for GenderJustice.
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It must be acknowledged that women, whose role in society
is often confined to being the “keepers of traditions,” can
themselves, at times, justify the need to observe cultural
practices that are harmful to other women. For example,
while violence against women is overwhelmingly carried out
by men, some women are implicated either as instigators
or as perpetrators of violence. Often, because these women
have internalized social norms whose enforcement is de-
manded by men, they take part in the violence that occurs
in the family. Also, as members of the collectivity, women
may be engaged in communal politics and support “their”
men who commit sexual violence against “other” women.
The main point here is that hypocrisy and double standards
affect the ways in which culture, tradition, religion and
social norms are defined and used. Relativists (both State
and non-state) take advantage of culture to tolerate discrim-
ination, violence and violations of women's human rights.
Another variation of relativism is found in the rejection, by
some extremist religious forces, of human rights principles.
They argue that these principles and rights are man-made
and that only “God's laws,” which only they can interpret,
should be followed. In many cases, these forces manipulate
religious identities and interpret “God's will” to preserve
their own power and to dismiss women's rights.
As a result of her work, theologian Siti Musdah Mu-
ha became a target of conservative religious leaders in
Indonesia. Musdah focused her efforts on formulating
“Islamic teachings that are more friendly to women” and to
“accommodate contemporary issues” from within a religious
framework. She insisted that “religion demands people to use
their reason.” In response to being labelled “a tool for Western
concepts,” Musdah stated that “the concept of egality, frater-
nity and equality must not be claimed as Western values, and
Muslims must not think of it as Western related. It's a univer-
sal value. And those concepts were already practiced ideally
in the period of Prophet Muhammad in the seventh century.
Sharia must be based on the Islamic principles, and it has to
constantly accommodate those universal principles.” 29
Faced with the cultural relativists' arguments, one option
for women is to reclaim the traditions that are positive
toward women from within their own cultures.
Nigeria: fighting domestic vioLence
An Igbo tradition, used in Eastern Nigeria prior to coloniza-
tion, helped address various community issues — including
wife battering. Women gathered in large numbers at the home
of the victim to confront her husband. This public confronta-
tion shifted the “shame” from the abused to the batterer. “The
village's wives association provided a very effective, clear-cut
and authoritative organization in which all the wives were
involved. [ ...] The association intervened in marital disputes.
It could mobilize effectively against a defaulting husband
through ridicule and the process of'sitting on a man', whereby
the women sat outside the man's compound singing abusing
songs and refusing to leave until he meets their demands.
Besides sanctions directed at individual men (and women), the
association could also apply collective sanctions against the
male community, such as threatening to leave the village en
masse, refusing to cook, or refusal to intercourse.”
Nina E. Mba, “Heroines of the Women's War,” in Bc1anie Awe (ed.),
Nigerian Women in Historical Perspective, Sankore/Bookcraft, Ibadan,
Nigeria, 1992, p. 16.
29 Hera Diani, “Genderexpert Musdah speaks within reason,” The Jokorfo Post, October 3,
2004. Ms. Siti Musdah Mulia is the Secretaiy General of the Indonesian Conference on
Religion and Peace and director of the Religion and Gender Evaluation Institute.
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To counter the myth that human rights principles are for-
eign to societies outside the Western world, it is crucial
to research strategies designed by women in different
communities to confront violence against women and to
assert women's rights. It is also important to document the
work of feminist figures within the relevant tradition. For
example, the WLUML. network has compiled examples of
women's rights advocates in the Muslim world, ranging from
the eighth to the twentieth centuries. The examples refer
not only to well-known women but also those whose work
and lives have been erased from mainstream history. This
is to affirm that, as in other regions, feminism in Muslim
societies is a reality, which can be reclaimed both histori-
cally and currently, worldwide as well as locally, universally
and in terms of specific areas of activities.
In addition to arguments based on cultural relativism,
opponents of the protection and promotion of women's
human rights often denounce human rights because, they
say, these principles privilege individual members of a com-
munity, rather than the community as a whole. The rights
of an individual are seen as antagonistic to the rights of a
woman's (or women's) community.
This argument seeks to establish a (false) dichotomy
between women and their communities, as if women exist
outside the collective space. It also ignores that living free
of violence is not a privilege but a universal right and cannot
be negotiated for the alleged benefit of the community.
Jordan: Letting men get away with murder to strengthen
the social fabric
In September 2003, the Jordanian Parliament rejected a pro-
posed law to introduce harsher legal penalties for perpetrators
of “honour” killings. Despite a sustained campaign to secure
more severe punishment for men who kill their female relatives,
60 out of 85 MPs argued that this would ultimately “destroy
social values, violate religious traditions and generally damage
the fabric of Jordan's society.”
Shirkat Gah, Great Ancestors: Women Asserting Rights in Muslim
Contexts, Women Living Under Muslim Laws, December 2004.
Another strategy employed by opponents of women's
human rights is to characterize those rights as a “racist”
tool, devised by the West. They point to the fact that
certain customary practices (e.g., FGM, stoning) are defined
as “backward” or “barbarian.” It is important for activists,
therefore, to insist on the fact that all people are born
equal and should enjoy a life free of violence, no matter
where they are born. For example, women's reproductive
rights are a contentious issue throughout the world. Abor-
tion is a particularly sensitive issue. Conservative African
American groups in the United States, for example, portray
the right to abortion as a strategy designed by white elites
to eradicate black communities. Furthermore, they target
African-American women who perform or have abortions,
labelling them traitors to their communities.
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DOCUMENTATION WORK
FROM AN ACTIVIST
PERSPECTIVE
The examples set out in this section provide the basis for
an exploration of how women are adapting and making use
of the human rights framework at the international level,
as well as regionally, nationally and locally. Options for
activism include (a) lobbying within the UN system (e.g.,
the Commission on Human Rights); (b) efforts aimed at
implementation of CEDAW and treaty-based laws in
individual countries; (c) campaigns, based on human
rights principles, to raise awareness in local communities
or to gather wider support for the cause; (d) actions on
behalf of individuals whose human rights are being or have
been violated. The examples also demonstrate the different
strategies used by activists. Each strategy requires specific
knowledge — e.g., of the relevant legal system, an under-
standing of local conditions, of what is likely to be effective
in a given community. These different approaches are not
only possible but essential to achieve substantive changes
in how to address and deal with violence against women.
Acknowledgment of the diverse and complementary
approaches underscores that there are contexts where polit-
ical circumstances make it difficult to approach issues from
a human rights perspective. It also recognizes women's
resourcefulness in designing various strategies that address
violence against women. Finally, it asserts that non-state
actors can use human rights in flexible ways to respond to
and deal with violations.
Documenting Women's Rights VioLations by Non-state Actors Q
The issue of access to justice was also addressed
The human rights framework assists our work. It gives
us a set of principles to act upon. Our work informs the
human rights framework internationally and we are in
turn informed by it, in the cases we bring to the courts,
when using CEDAW or other human rights tools. It is a
two-way street.
Gita Sahgal, Head of the Gender Unit, Amnesty International,
oral presentation, Raising Standards to Tackle Violence against
Black and Minority Women, national conference organized by
Southall Black Sisters, London, November 15, 2004.
The “two-way street” Sahgal described is only effective,
however, when activists are familiar with their domestic
legal system (the laws in their own country) and are also
aware of which international human rights instrument
their government has ratified. This knowledge is the basis
on which to remind and pressure States to respect their
obligations, including in areas in which non-state actors
must be held accountable for their actions. Thus, activists
work towards holding their own governments accountable
for violations committed by the State, while at the same
time insisting that the State hold others accountable under
the human rights system.
As the International Council on Human Rights Policy has noted:
This often involves a long process of lobbying, sig-
nature and ratification of specific treaties by a gov-
ernment. Then, the bigger challenge usually lies
with the process which requires that states ensure
that the provisions of treaties are incorporated into
national law and practice. There is also the question
of access to justice and redress which underpin all
such processes. 3 °
• in article 4 (d) of DEVAW, which states that “Women who
are subject to violence should be provided with access to
justice and effective remedies for the harm suffered”;
• by Radhika Commaraswamy, former UN Special
Rapporteur on Violence Against Women, its Causes and
Consequences, who noted the need for governments to
provide women with information on their rights and
who stated in 1996 that “Recognizing that women and
girls often do not report the violence that is perpetrated
against them because they do not understand that they
are victims of, rather than participants in, the violence,
states should undertake legal literacy campaigns to
inform women of their legal rights and educate them
specifically about domestic violence.” 31
The Use of Different Strategies
to Achieve Common Goals
Violence against women by non-state actors takes many
forms, all of them equally unacceptable. This means that
campaigners could potentially tackle a whole range of
issues. There are a few basic questions that need to be
answered before crucial decisions can be made about the
30 International Council on Human Rights Policy, Errhoncirrg occess to humon rights,
March 2004, www.ichrp.org. The ICHRP's project report lists women among the “large
groups [ who] tend to suffer from lack of access to a marked degree.” The report
also states that “the causes of lack of access are manifold and they often overlap
and mutually reinforce each other.” It identifies such obstacles, to enjoyment of
human rights as “limits of law, institutional obstacles, social attitudes, isolation
and physical access.”
31 Radhika Coomaraswamy, Report to the Commission on Human Rights, E/CN.4/1g 6/s3,
February 6, 19 6, paragraph 142 (g).
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best possible strategy to pursue. It is important to be clear
about (a) the problem that needs to be addressed; (b) the
goal to be achieved; (c) the level at which to make an
intervention so that it can be most effective. The overall
objective(s) can be either broad or narrow.
Four questions can serve as the basic starting point when
devising a strategy:
• Which problem is the most prevalent in the society?
• Is there a single strategy that makes it possible to
address several issues (e.g., lobbying the government to
pass legislation outlawing discrimination on the basis
of sex, or to ratify CEDAW)?
• Will there be support for the initiative from other organ-
izations (e.g., human rights and/or women's groups)?
• What are the potential or likely obstacles? From what
or whom do they originate? Is there a way to overcome
them?
In cases where there is a specific issued-based focus, help-
ful questions to consider include the following:
• Are there the necessary skills and contacts to lobby the
UN system? If so, how will this be done?
• Is there a possibility of contributing to the efforts of
another organization that is lobbying within the UN
system (e.g., by giving evidence, providing data)?
• Is there an intention to pursue a legal case that, if suc-
cessful, would create a precedent that could help other
women in a similar situation?
• Is there potential to launch a campaign (a) at the regional
level, strategizing with women's groups to address an
issue affecting the whole region (e.g., trafficking or
sexual violence in conflict); (b) at the national level
(gathering signatures for a petition to the government);
(c) engaging with the media (sensitizing journalists to
a specific issue affecting women, developing media con-
tacts to ensure that an organization or individual is able
to publish articles related to women's human rights)?
• Are human rights education activities such as the fol-
lowing a viable option: (a) contacting primary schools
or other educational institutions to offer human rights
training to staff and pupils; (b) conducting awareness-
raising sessions aimed at specific groups of women (e.g.,
employment rights with domestic workers, reproductive
rights with teenagers at risk of early marriage, rights
within the family to housewives and homemakers, etc.);
(c) conducting awareness-raising sessions for male com-
munity leaders in a certain area?
If the decision is made to undertake multiple strategies,
several elements are required:
• proven facts about violence against women on which
the case can be based;
• for strategies involving the UN or the local legat
system(s), the use of data that are acceptable to the
courts or UN bodies (involving either the use of exist-
ing data or collecting new or additional evidence, viz.,
documentation work);
• when engaging in documentation, a process through
which women's rights advocates can assess how this
serves their purpose locally.
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It should be noted that the process of collecting data and
evidence that are of an acceptable international standard
(i.e., suitable for lobbying at the UN level) is both labour-
intensive and time-consuming. For this reason, some activ-
ists remain reluctant to pursue this course and undertake
this necessary work.
Ayesha Imam and Nira Yuval Davis ask: [ ...J how much
activists need to invest in working with the United Nations
and other international human rights organizations. These
are important forums, but it is also important not to fall
into the habit of producing documentation for its own
sake, as a sort of fetish rather than a guide to action, nor
to let such activities suck in all the energies of grass-roots
movements.
Ayesha Imam and Nira Yuvat-Davis (eds), Introduction,
Warning Signs of Fundamentatisms, Women Living Under
Mustim Laws, December 2004.
Two other points should also be borne in mind. First, strate-
gies should not be seen as fragmented or as operating in
isolation. It is true that there is no guarantee of success,
whatever approach is taken. Yet, making use of the UN
system is always linked to the goal of improving women's
lives. Therefore, strategies pursued at the international,
national or local levels are always linked — even though
they place different types of demands on activists.
Second, different strategies should not be seen as oppo-
site or contradictory, but as complementary. This is true
when discussing women's human rights generally, as well as
when considering specific issues. Advocates from different
regions, gathered in ggg to address “honour” crimes, came
to the same conclusion:
Violations such as “honour” crimes' press us to reflect
on the limitations of “standard” (international
human rights law-based) human rights activism as
an approach to addressing them. The human rights
approach needs to supplement rather than undermine
other approaches and to recognise the need for (and
the validity of) complementary approaches. A critical
re-examination of existing approaches would mean,
at the very least, recognizing that certain principles
(such as the rights to sexual autonomy or the choice
of a partner or lifestyle) may be new to many of the
societies in which activists work. Denying such social
realities could undermine the potential effectiveness
of both human rights and women's organizations. 32
In addition to complementary strategies, activists can also
combine different approaches and intervene at various
levels. An example of a mufli-faceted campaign is one
undertaken in Jordan against “honour” crimes. Activ-
ists specifically worked for the repeal of two articles in
the Penal Code — article 340 (exempting perpetrators
from prosecution) and article 8 (reduction of sentences
for perpetrators). The multiple strategies used included
(a) ensuring coverage of the issue in the national press;
(b) actions to involve communities and civil society as a
whole — e.g., collection of 13,000 signatures calling for a
new bill; (c) public statements by religious leaders, includ-
ing from influential clerics denouncing such crimes as un-
Islamic; (d) efforts to involve people who could influence
public opinion.
32 GM EL/Interights, Roundtable on Strategies to Address ‘crimes of Honour' — Summosy
Report, Women Living Under Muslim Laws, Occasional Paper No. 12, November 2001,
p. 22.
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While progress at the national level has been slow, Jordani- As a basic starting point, the following are some of the
an advocates joined others from different regions who had questions to be considered when determining which strat-
been lobbying the UN since 1998 on the issue of “honour” egy is likely to be most effective:
crimes. At its 2004 session, the General Assembly finally
• What do the Constitution and criminal and civil law
adopted a resolution (A/RES/59/165) entitled “Working
provide for in terms of citizens' rights?
towards the elimination of crimes against women and girls
committed in the name of honour.” This success highlights • Is there constitutional recognition of religious laws or
the benefits of international networking. It also draws the does the Constitution have a secular basis?
links between how the UN system is informed by local reali-
• How are minority rights spelled out?
ties and how, in turn, local contexts can be positively af-
fected by both international human rights instruments and • What are the specific provisions in national legislation
decisions taken by international bodies. to address violence against women?
• What is lacking in national legislation in this area?
The Impact of Diversity of Contexts and • If the Constitution guarantees gender equality, are
Political Approaches When Choosing there laws contradicting this provision?
Strategies • Is knowledge of basic human rights widespread or lim-
ited to an elite?
Experience shows that concepts, approaches or strategies
can usually be borrowed from anywhere and can also in- • Is there acceptance of or opposition to using a human
spire activists in other settings. Activists with a sound rights framework?
knowledge of the beneficial and obstructive factors at work
• Is there a tradition of women's activism — e.g., a move-
in a specific situation are best placed to adapt strategies
ment that grew out of an anti-colonial struggle?
successfully. The importance of local contexts in terms of
designing appropriate strategies cannot be underestimated. • Has the women's movement gained recognition at the
Indeed, different women's groups operating in the same political level?
context may choose different approaches, depending on
• Does the movement have a strong mobilizing capacity?
their means, constituency, political aims, and so on.
• Are there national networks specifically working on
In various contexts, some activists may feel that the situ-
violence against women?
ation is not conducive to a rights-based approach, fearing
that any such demand would inevitably fail, or cause a seri- • Are there established links with the international femi-
ous backlash. nist movement and with regional women's groups upon
which local activists can rely?
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• Is the current political context favourable or hostile to
women's demands?
• Are there events in the national agenda that women can
use to their advantage — e.g., the end of a dictatorship,
the end of a conflict, national elections, a government's
report to the CEDAW Committee and so on?
• How much power and influence do religious, traditional
and cultural groups have? How do they influence laws
and policies in ways that violate women's human rights?
• Is a backlash to a campaign or initiative likely from any
particular sector?
• Is there a danger of co-option of the human rights
framework by political movements that could cause the
strategy used to be turned upside down?
The strength of the local women's movement(s) is a key fac-
tor in assessing whether or not to make use of human rights
arguments, and how. Often, when the women's human
rights movement is still emerging, or where strong links
with the international movement(s) are lacking, national
efforts can remain focused on issues such as education or
health. The public debate is then centered on development
issues, with no reference to the principle that women are
entitled to enjoy human rights on an equal basis with men.
For example, the anti-FGM movement in Africa was split in
terms of which strategy to adopt. Many activists avoided
addressing the power structures behind the issue, and
therefore failed to include FGM within a broader analysis of
social inequalities. Others adopted a rights-based approach
but were at times left to operate in isolation.
Establishing links with allies in other movements can help
to uncover the dynamic of power behind different types of
oppression. These links are particularly useful in contexts
where violence against women is considered legal or cus-
tomary (such as in cases of “honour” killing or forced mar-
riages). It is also important to set concrete and achievable
objectives and to distinguish between attainable, short-
term goals and long-term ones. Local contexts will often
determine what is possible, what is appropriate, what is
useful and who stands to benefit from a specific strategy.
Collection of Evidence for Documentation
Purposes
There are three steps involved in any documentation pro-
cess: monitoring, documenting and acting. Campaigners or
advocates should ask themselves a number of preliminary
questions, keeping in mind the fact that documentation
work has a political dimension. It is possible that the find-
ings, once made public, will be distorted by others. It is also
possible that the documentation produced may inadver-
tently serve the needs and purposes of others who are not
working for improvements in the situation of women.
Several basic issues need to be clarified before undertaking
documentation work.
In terms of general aspects, the following questions should
be considered:
• What is the purpose of the documentation?
• Who is the intended audience?
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• What will the work involve and are the necessary
resources available?
• What are the expected outcomes?
• What, if any, are the risks (e.g., potential backlash, manip-
ulation by the media, alienating the local community)?
Documentation for Use at the
International Level
The two main avenues for action within the UN system on
violations of women's human rights are the CEDAW Com-
mittee, through the Optional Protocol (New York), and the
Special Rapporteur on Violence against Women, a special
procedures mandate-holder to which cases may be sent.
The Human Rights Committee may also prove helpful under
the Optional Protocol and the Commission on the Status
of Women has a mechanism through which situations and
cases may be considered.
Guidelines of the Quick Response Desk
The Quick Response Desk (within the Special Procedures
Branch) at the Office of the High Commissioner on
Human Rights (OHCHR) processes allegations of human
rights violations, particularly, those that are sent to the
Special Rapporteurs, Working Groups, Special Representa-
tives of the Secretary General, or Independent Experts. 33
The Quick Response Desk (the Desk) has called on women's
rights activists to contribute to a more effective and gen-
der-sensitive monitoring of women's human rights viola-
33 The full texts of thematic reports by special procedures are available on the OHCHR
Website at www.o hchr.org/english/bodies/chr/special/gender. htm.
The Quick Response Desk
It is helpful for activists to familiarize themselves with the
Desk's guidelines. The following lists the minimum of informa-
tion that must be provided for all special procedures in order
for the complaint to be assessed:
— identification of the alleged victim(s);
— identification of the alleged perpetrators of the violation;
— identification of the person(s) or organization(s)
submitting the communication (this information will be
kept confidential);
— the date and place of the incident;
— a detailed description of the circumstances of the incident
in which the alleged violation occurred.
Other details pertaining to the specific alleged violation may be
required by the relevant thematic mandate (e.g., past and present
places of detention of the victim; any medical certificate issued
to the victim; identification of witnesses to the alleged violation;
any measures undertaken to seek redress locally, etc.).
A complaint can be submitted to the Desk
by fax (÷ 4122 917 90 06),
by e-mail (urgent-action ohchr.org) or by mail:
OHCHR-UNOG, 8-14 Avenue de La Paix
1211 Geneva 10, Switzerland ,
If the communication does not require a rapid response,
written complaints can be sent to any of the special proce-
dures. The main expert dealing with violence against wom-
en and related issues, however, is the Special Rapporteur on
Violence Against Women, its Causes and Consequences. The com-
plaint form used by the Special Rapporteur is included in Ap-
pendix 4, or can be downloaded from the OHCHR Website at
www.unhchr.ch/html/menu2/7/b/women/womform.htm.
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tions through special procedures. It has expressed concern
about the gender imbalance in terms of the communications
it receives, noting that, in 2004, “Only 10 per cent of
the individuals covered by urgent appeals and allegations
letters [ were] women, and in several cases the sex of the
victim(s) [ was] not specified.” The Quick Response Desk
concluded that “In view of these figures, and sure that we
share common views on the importance to report and seek
redress for human rights violations affecting women as well
as men, [ there is a need] to improve the communications'
gender sensitivity.”
Complaints under CEDAW
The CEDAW Committee meets twice a year for three weeks
(usually in January and June). It reviews the reports
submitted by State Parties. Various guides are available
which outline the process of submitting an individual com-
plaint to the CEDAW Committee under the Optional Pro-
tocol. 34 While the Protocol does not create new rights, it
provides a new enforcement mechanism for rights that were
and are to be implemented by States as of the date they
ratify or accede to CEDAW.
See Appendix 3 for the CEDAW complaint form. The form can
also be found on line at www.un.org/womenwatch/daw/cedaw
34 For example, see A Guide to Reporting Under the Convention on the Eliminotion
of All Forms of Discrimination Against Women, 2000. This manual is the result of
collaboration between the commonwealth Secretariat and the International Women's
Rights Action Watch (IWRAW). It has been updated by the Women's Rights Unit of
the UN Division for the Advancement of Women.
Complaints to the Human Rights Committee
The Human Rights Committee handles written complaints
related to violations of the gender equality provisions
of the International Covenant on Civil and Political Rights,
(article 26). The individual complaint procedure is set
out in the Optional Protocol to the ICCPR and applies
only to States that have either ratified or acceded to the
Protocol. The communication must be submitted by the
alleged victim, or by someone assigned by the victim to act
on her behalf. The Committee cannot consider a communi-
cation if “the same matter is being examined under another
procedure of international investigation or settlement.”
The form for submitting a complaint to the Human Rights
Committee can be downloaded at
www.unhchr.ch/html/menu o/2/annex l.pdf.
Communications with the Commission
on the Status of Women
The Commission on the Status of Women meets twice a year
and may receive communications from individuals or groups
of individuals concerning discrimination against women.
No action is taken, however, on individual complaints.
Information can be sent by mail to the CSW:
Division for the Advancement of Women
Department of Economic and Social Affairs
United Nations Secretariat
2 United Nations Plaza, DC-2/l2th Floor
New York, NY 10017
United States
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Producing a Shadow Report
States that have ratified or acceded to a human rights treaty
have an obligation to report periodically to the relevant
treaty monitoring body. When reporting to the CEDAW Com-
mittee, many governments tend to paint a positive picture
of the situation of women in their countries. NGOs can
therefore gather documentation in order to present an inde-
pendent and accurate description to the Committee. These
NGO reports are often called “shadow reports.” While they
focus on a State's success or failure in improving the lives of
women — and not on non-state actors — it is possible to ad-
dress the government's inability or failure to protect women
from violence by non-state actors. Women's groups often also
publish shadow reports as a way to make their findings and
recommendations available to a wider audience.
There are guides to assist activists and to clarify the process of
preparing and submitting a shadow report. See, for example:
(a) Women's Rights Advocacy Programme of International
Human Rights Law Group & the Network of East-West
Women, Shadowing the States — Guidelines for Preparing
Shadow Reports as Alternatives to State Reports Under
International Human Rights Treaties, July 1997;
(b) International Women's Rights Action Watch (IWRAW), Pro-
ducing Shadow Reports to CEDAW: A Procedural Guide, 2003.
Most national and grassroots women's NGOs underesti-
mate and under-use their power International visibility, of
organizations and ideas, changes public opinion. [ ...] [ It
is crucial] to provide independent information concerning
the status of women and the efforts made by ratifying
governments to comply with the provisions of CEDAW [ It is
equally crucial] to stimulate increased involvement in the re-
porting and review process by non-governmental groups and
individual activists at the national and local levels.
Internationa Women's Rights Action Watch, IWRAW to CEDAW
Country Reports, October 1995.
Documentation at the National Level
The types of information gathered for work at the national
level depend on whether the aim is to devise, launch and
carry out a campaign or to prepare a legal case. In some
instances, the information may be helpful for either or both
approaches. In others, specific information and a specific
way of presenting it are required.
Information Needed for a Legal Case
The way in which a legal case is prepared will vary, depend-
ing on domestic legislation and the type of court system in
place. There is basic information, however, that is likely to
be required in all cases. As a minimum, the following infor-
mation should be provided:
• name and personal details of the victim (date and place
of birth, citizenship, etc.);
• contact details for the victim;
• specific time and place of the violation or crime;
Shadow reports may be submitted to the Committee:
c/o Division for the Advancement of Women
Department of Economic and Social Affairs
United Nations Secretariat
2 United Nations Plaza, DC-2/l2th floor
New York, NY 10017
United States
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people involved (perpetrator, witnesses);
• nature of the crime;
legal definition of the crime;
• citation of relevant legal provisions (in the domestic
system and, if applicable, in human rights treaties);
• medical evidence and/or certificates.
Information Needed for a Campaign
In general, a campaign can be built using less specific data,
although some initiatives may require greater detail. While
campaigners may choose to highlight one or several spe-
cific cases in order to illustrate the nature of human rights
violations, they do not need to. A campaign that aims to
raise awareness may take as its starting point the simple
statement that “there are 200 to 300 documented cases
of ‘honour' killings taking place in [ country] every year”
or that “domestic violence constitutes 80 percent of all
violent crimes committed in [ the same country].” It is
important to stress, however, that campaigns shoutd be
based on verifiable facts and solid research. A reliance
on anecdotal or very general information may cause the
campaign to lose credibility or inadvertently discredit
important issues.
Before a campaign is launched, a number of areas need to be
considered, and decisions taken, including (at a minimum):
• Identification of the main problem to be addressed;
• Context in which the campaign will operate:
— key factors, within the organization and externally,
which are likely to affect the overall goal;
— potential allies;
— potential sources of resistance to the campaign
and its message(s);
— the persons who or institutions that must be
influenced in order for the campaign to succeed;
• Establishment of concrete objectives:
— legislative change;
— change in the practices of a given community;
— the steps needed to reach the overall goal;
— the time frame for the campaign;
• Identification of a preferred strategy:
— partners for the campaign;
— the difficulties likely to be encountered and
how to deal with them;
• Design of specific activities (for example):
— organizing training sessions, meetings, candlelight
vigils, demonstrations;
— producing leaflets or posters;
— writing and staging street theatre;
— publishing articles in the written media or
launching a radio program, etc.
Once the campaign is over, every effort shou'd be made to
evaluate how successful the process was. The questions that
should be considered include the following:
• What was positive?
• What was problematic?
• What obstacles were not anticipated and why?
• Was the networking effective and, if so, why?
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• Were new allies in the cause developed? If so, what was Overall Principles
learned from them?
One of the most challenging aspects of the work for activ-
• Would a future campaign be planned and handled ists is to establish priorities in terms of which cases will
differently on the basis of the knowledge gained? be presented, based on their “strategic” importance in a
specific context. 35 This may mean that an issue of equal
importance to others is not brought to the forefront. The
Choice of Methodolo r for Documentation choice is a difficult one but any campaign or legal approach
Work
cannot be all things to all people all of the time.
General Aspects The crucial concerns that should be taken into account and
Before documentation work begins, a number of points that may be used as guidelines when making choices are
should be borne in mind, including the following:
• having done preparatory work in order to be familiar • the security of the person giving testimony or the sur-
with the issue to be addressed; vivor of violence;
• getting some training in such key areas as how to conduct • ethical dimensions and respect for the person testifying
interviews, legal research or collection of data; a good or the survivor of violence;
starting point may be to set up meetings with experienced • confidentiality;
activists and discuss with them the work that is planned;
• accuracy;
• establishing “measurements” that appropriately reflect
and take into account women's specific experiences; • avoidance of sensationalism;
• identifying the sources upon which the campaign or • avoidance of stereotyping;
action will rely (interviews, research based on case law, • the risk of manipulation, especially if dealing with the
etc.) and how to secure access to them; media, but also manipulation by political forces with
• identifying resources needed (human and financial different agendas.
— e.g., the investment of time, the cost of engaging
interpreters and securing recording equipment);
• planning logistical arrangements (including alternative
arrangements in case the first one does not work out);
• establishing security measures if necessary. 35 Much of the information in this section was provided by Professor Lynn Freedman,
lawyer and professor of Public Health at Columbia University, as well as a member
of the WLUML Core Group.
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Table 3: Key considerations
Security
Awareness of security issues is key when
documenting human rights violations.
A crucial concern is how to protect the
victims — and the researchers — from
further violence, since retaliation (from
the family as well as the community) is
common. It is essential to make the best
interests of the person abused the priority,
and to inform her of the potential dangers
she faces if she is testifying.
Ethics
and
Respect
It is critically important that the process
of documentation does not re-victimize
individuals. Insensitive or trivial interview-
ing is to be avoided at all times. It is also
crucial to respect the survivor's wishes,
which may not necessarily be consistent
with the goal activists have set for them-
selves. For example, women's rights advo-
cates may be keen to document a specific
instance of violation in order to pursue a
legal case because they feel it can advance
the overall cause of women's rights. This
may put undue pressure on the victim,
however, to support the prosecution or a
related process. The fact that a “case” has
the potential to bring a landmark judg-
ment, with a positive impact on others,
cannot justify making the women behind
the case, and their wishes, invisible or
irrelevant. Thus, there is a need not only
to recognize, but to accept, a victim's wish
not to pursue a legal case.
Confidentiality
Respect for the woman survivor who
is willing to meet and speak with
researchers about her experience
includes very strict standards of confi-
dentiality. Information should not be
divulged unless it is necessary for the
case to go forward and only after the
woman has given her consent.
Sensationalism
Media sensationalism may distract
the public and law enforcement
officers from focusing on the viola-
tions committed. For example, the
issues of forced marriages or “honour”
crimes were long ignored in Europe
but then became “fashionable” topics.
While making such crimes visible has
been crucial, the way the process has
been handled has blurred their actual
nature. As a result, there is little, if
any, recognition of the fact that forced
marriages may involve kidnapping,
unlawful imprisonment, assault, rape,
and the failure to secure consent on
the part of the woman. The sole ref-
erence to forced marriages tends to
dilute the gravity of the violation and
makes it more difficult to prosecute
cases on the basis of existing offences.
Similarly, “honour” crimes, when they
involve killing, must be called murder
to emphasize that there are no legal
justifications for this practice.
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Table 3: Key considerations (continued)
Accuracy
Accuracy is a critical element in documen-
tation work. It is even more so when the
victim is not fluent in the language in
which her testimony is recorded or if the
researcher does not speak her language.
It is helpful to arrange for gender-trained
interpreters in situations where languages
are or become an issue.
Stereotyping
While specific forms of violence may be
more prevalent in one community than
another, women from all societies experi-
ence some kind of gender-specific
violence. While domestic violence, for
example, always occurs in a specific
cultural setting, it is not helpful to equate
a one type of violation (e.g., forced
marriages or FGM) with a specific com-
munity while failing to draw the link with
the violence women face everywhere. The
failure to draw the link can feed racism
or racist tendencies or promote caricature.
For example, women from Muslim commu-
nities are almost systematically portrayed
as submissive, helpless, slaves to oppres-
sive traditions, uneducated or lacking any
understanding of their rights. The way
Afghan women are regularly depicted (in
the media, by politicians, mid by well-
meaning people, including activists) is
thoroughly counterproductive and untrue.
Care should be taken in terms of how
the victim and the crime are presented
and characterized. Documentation work
can assist in developing a legal case, but
it is also done in order to pursue other
kinds of activist strategies. Activists
need to think critically and carefully
about the choices they make concerning
the portrayal of victims and the crimes
against them. Failure to do so may lead
to stereotypes of gender, class or race
being reinforced. On the other hand,
due care in this area can help in the
fight against stereotypes.
As the above demonstrates, documentation work involves
a series of decisions, which, ultimately, have political
relevance. As Lynn Freedman notes:
The point is that we need to realize that we do
make choices when we decide how to pitch a case
and therefore have the power to do it in a way that
supports our bigger goals. It is therefore important
to take into consideration how will the ‘victim' be
portrayed, how her community will be depicted and
what is the nature of the crime. 36
36 Personal communication with professor Lynn Freedman, lawyerand professor of Public
Health at Columbia University, as well as a member of the WLUML Core Group.
Risk of
manipulation
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Effective Remedial Use of Documented
Materials and Evidence
This section provides examples of how activists can and do
use documentation and the evidence collected, as a remedy
to redress violence against women by non-state actors and
for human rights violations at all levels. Examples of both
formal human rights approaches and non-legal human
rights advocacy are included.
The International Level
It is important at the outset to clarify the issue that is
to be addressed, what the goal is and what is entailed in
achieving it. It is also important to have at least some idea
of who might be allies in the effort and to set concrete and
practical goals.
Steps that may be taken in planning the work include:
• Clarifying the commitments the government has made
in terms of, for example:
— core human rights treaties (CEDAW, the Convention
against Torture, the International Covenants on civil,
cultural, economic, political and social rights, etc.);
— other international agreements (e.g., the Vienna
Declaration and Programme of Action, the Beijing
Platform for Action, etc.);
— regional instruments (African Charter for Women's
Rights, Inter-American Convention, etc.);
— the national legal framework (constitutional provi-
sions, other laws that apply to the issue).
• Getting in touch with women's organizations in the
country or region to find out, for example:
— Has the state/government ratified CEDAW?
— Were reservations to the Convention files made and,
if so, on what grounds?
— Did the authorities make a commitment to undertake
specific actions?
— If so, was a time frame given for those actions?
— Has the State/government ratified any regional trea-
ties? If so, which one(s)?
— Are there other treaties that the State still needs to
ratify?
• Checking on the specific commitments the government
has made in UN conferences:
— Which of these commitments are most relevant (e.g.,
in the areas of violence, armed conflict or human
rights)?
The following table was developed by the International
Women's Tribune Center. It was developed to help women
monitor their governments' progress in terms of the com-
mitments that were made in Beijing. The table can be
adapted to the needs of any campaign or legal approach. 37
The practical effect of the table is to assist activists in
tracking what promises have been made and comparing
them with what has been actually implemented.
37 InternationaL Women's Tribune Center, Postview ‘95, No. 6, ApriL 1996, p. 9.
Documenting Women's Rights VioLations by Non-state Actors
Documenting Women's Rights VioLations by Non-state Actors
Other steps that may be followed in planning the campaign
or other kind of initiative include:
• Linking to the international human rights agenda:
being aware of the current issues on the agenda, hold-
ing preparatory meetings and discussing designated
themes at the national and regional levels;
• Being aware of significant forthcoming events on the
human rights agenda (e.g., the review of the Beijing Plat-
form for Action in March 2005, also called Beijing +10);
• Finding out how the organization, association or indi-
viduals may participate in such events;
• Finding out when the government is due to report
on the implementation of treaties (i.e., to the CEDAW
Committee or the Human Rights Committee);
• Finding out what the priority themes are for future ses-
sions of, for example, the CSW.
There are a number of ways activists can use UN institutions
to advance their cause. As noted earlier in this manual,
activists may choose to involve UN bodies or officials by,
among other means, providing general, situational or case-
specific information to them (e.g., filing complaints with
the relevant treaty body, submitting cases to one or more
of the OHCHR special procedures). Organizations may also
choose, either alone or with others, to prepare a shadow
report to the relevant treaty body (e.g., CEDAW Committee,
see above).
In recent years another possibly important channel to
the international system of justice has been opened. The
International Criminal Court has now been established and
is operating. The statute of the Court is specific and does
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Documenting Women's Rights VioLations by Non-state Actors
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not include jurisdiction over all the issues concerning wom-
en, even in the area of violence against women. There is,
however, a fair amount of latitude for the Court to consider
cases in which non-state actors are implicated, particularly
in the context of armed conflict, genocide and/or crimes
against humanity. In addition to international treaties
dealing with these types of crimes and selected and specific
provisions of human rights treaties, the legal framework for
the Court includes provisions in international humanitar-
ian law (the Geneva Conventions, to cite but one source).
While the prospect of trying to gather evidence that could
be used in a case before the Court may be daunting, it is
important for activists to remain open to the possibility of
seeking remedy in this forum. 38
On the importance of the International Criminal Court,
Brigid Inder, Director of the Women's Initiatives for Gender
Justice has stated the following:
The ICC provides a unique opportunity for women's
movements because it represents a huge leap for-
ward in both International Humanitarian Law, and
human rights. For the first time in history, rape,
sexual slavery, enforced prostitution, forced preg-
nancy, enforced sterilization, and other forms of
sexual violence have been included in the definition
of war crimes and crimes against humanity. This
means the legislative and procedural framework for
38 Human Rights Watch has compiled a guide for NGOs seeking to collabomte with
the ICC with regard to the prosecution of war criminals, The International Criminal
Court: How Non-governmentol Orgonizotions Con Contribute to the Prosecution of
War Criminals, September 2004; see especially pp. 14-24. Information designed for
women's advocates is also available from Women's Initiatives for Gender Justice
(WIGJ). The WIGJ website (www.iccwomen.org) provides information on current
campaigns (e.g., on gender parity in terms of ICC staff recruitment) as well as
guidelines for and methods to be used when approaching the Court.
the ICC recognizes women, it gives visibility to the
crimes committed against women during conflict
and war, and it has made a commitment to pros-
ecute those responsible. [ ...]
By implication the jurisprudence of the ICC raises
questions about how violence against women during
peacetime can continue to be ignored and justified by
governments as just another unsolvable issue. It is
unclear what relationship the ICC will have with the
United Nations Treaty Bodies agencies, including the
UN High Commission for Human Rights and Special
Rapporteurs, but there may be opportunities for
women's organizations and human rights actors to
utilize advances in International Humanitarian Law,
and human rights norms to explore new answers for
old questions. 39
To support the ongoing work of women's advocates at the
ICC, it is important for activists to ensure that all govern-
ments ratify the Rome Statute of the ICC. In countries that
have already ratified, activists can work towards national
implementation of the ICC in domestic legislation. Each
State Party is required to adopt laws that set out how the
State is going to implement its obligations under the Stat-
ute, especially with regard to upholding the ICC's defini-
tions of genocide, crimes against humanity and war crimes
— including sexual violence.
39 Brigid Inder, WIGJ, Interview with the Association for Women's Rights in Development
(AWID), August 2004, pp. 3-4.
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Documenting Women's Rights VioLations by Non-state Actors
Northern Uganda: the ICC's first case
The first case to be prosecuted by the ICC concerned Uganda.
The decision to take the case was based, at least in part, on
representations by the Ugandan government related to the
conflict in the north of the country that had been going on for
18 years. The following is an example of the strategy that was
developed by the WIGJ, in collaboration with ISIS-WICCE and
Ugandan women activists. The aim was to ensure that the per-
spectives and experiences of women in Northern Uganda were
included in the Court's consideration of the case.
An eight-member international team conducted a 10-day field mis-
sion to Northern Uganda. The main purpose of the mission was
— to meet and consult with those most affected by the
conflict, particularly women;
— to hear their views and experiences of the conflict and its
impact on their lives and that of their communities;
— to provide local communities with introductory information
about the ICC and its functions;
— to hear their views and issues regarding the referral by the
Ugandan government concerning the conflict to the Court;
— to hear their views on the priorities and form of “justice.”
During the visit, the mission met with women's groups, NGOs,
local leaders, and many victims/survivors of the conflict.
Visits were also conducted to several camps for internally
displaced people, and night shelters. In all, the mission met
and consulted with around 500 people, the majority of whom
were women.
The visit provided the team with an insight into the complex
nature of the conflict in the affected regions. Their findings
included the following: (a) the Lord's Resistance Army (LRA)
was committing most of the violations and crimes; (b) similar
violations and crimes were being committed by the Ugandan
army (the UPDF); (c) there were also violations by the Karama-
jong raiders, particularly in the northeastern districts of the
country. The crimes committed during the conflict, particularly
against women, girls and boys included abduction, killing,
mutilation, rape, torture, sexual slavery, enslavement and other
forms of sexual violence. The conflict had forced more than
one million people in the region to live in camps for internally
displaced persons.
Most of the women, victims and survivors with whom the team
spoke referred to the failure of the Ugandan State and local
authorities' to protect and provide them with security as the
cause of their suffering. They were of the view that the State
should provide them with compensation and allocate the nec-
essary resources for their economic, physical and psychological
rehabilitation.
The report drafted by the team after the visit included recom-
mendations addressed to both the Ugandan government and
the ICC.
Summary based on a press release issued by Women's Initiatives for
Gender Justice, in collaboration with ISIS-WI-CCE and Uganda Women
Activists, November 23, 2004. See also Brigid Inder, Justice for Women
in Northern Uganda, the International Criminal Court Monitor, April
2005, www.iccnw.org
It is not clear what impact the establishment of the ICC will
have on the UN practice of creating special tribunals in cer-
tain cases. As of June 2005, there were four such tribunals.
Both the International Criminal Tribunal for Rwanda (ICTR)
and the International Criminal Tribunal for the Former
Yugoslavia (ICT ' !) had prosecuted cases of gender-based
violence (e.g., rape). In May 2003, the Trial Chamber of the
Special Court for Sierra Leone approved a motion to add a
Documenting Women's Rights VioLations by Non-state Actors
Documenting Women's Rights VioLations by Non-state Actors
new count of “forced marriage” to indictments against six
defendants. This marked the first time that forced marriage
was prosecuted as a crime against humanity. As of the date
of writing, the Tribunal that was established to consider
cases arising from the genocide committed by the Khmer
Rouge in Cambodia had not begun work.
Preparing documentation, a case or cases for such an
ad-hoc criminal tribunal may be beyond the reach of many
women's organizations and activists. Information has been
compiled by various organizations, however, to assist those
who may choose to explore this avenue. 40
International Human Rights Advocacy
The goal of a number of international campaigns is to bring
the concerns of women to the attention of the interna-
tional community. In the process, they also serve as aware-
ness-raising and mobilizing tools at the regional, national
or even local level. A number of approaches have been
adopted by activists to achieve this goal.
Campaigns and Tribunals
The “Women's Rights are Human Rights” campaign (ini-
tially co-sponsored by the International Women's Tribune
Centre and the Center for Women's Global Leadership) is an
example of campaigning from the community level up to
the international level. The impetus for the campaign was
the failure to acknowledge women or to recognize any spe-
cific gender aspects of human rights in the UN resolution
mandating the holding of a World Conference on Human
Rights. The campaign took the form of a petition addressed
40 See, for example GahIle Breton-Le Goff and Anne Saris, Accessing the Intern otionol
Criminol Tribunol for Rwondo (ICTR), Rights & Democracy, September 2000.
to the UN World Conference on Human Rights (Vienna,
1993) and called upon the UN to “comprehensively address
women's human rights at every level of its proceedings.”
The petition also demanded that “gender violence be rec-
ognized as a violation of human rights requiring immediate
action.” The petition was translated into 24 languages and
sponsored by over 1000 groups. Nearly half a million signa-
tures were gathered from 124 countries all over the world.
In addition to signatures, the petition bore the fingerprints
of illiterate women. This campaign was a success, since it
was instrumental in having the UN define violence against
women as a human rights violation. It also provided a tool
for women in various contexts to initiate discussions on the
issue at local and national levels. 41
Other successful initiatives include women's international
hearings and tribunals, which have been and continue to
be organized on every continent. These forums are set
up as formal tribunals, although their recommendations
(or findings) are symbolic. The format generally includes
testimonies by female survivors of violence, or accounts on
behalf of a murdered woman, a panel of judges selected on
the basis of their expertise on the issue at stake, delibera-
tions and final judgment. Examples of such tribunals are
the Lahore Tribunal on Violence Against Women, held from
December 1993 to January 1994 as part of a series of tri-
bunals planned in the Asian region by the Asian Women's
Human Rights Council 42 and the “World Court of Women on
US War Crimes” (January 18, 2004) held at the World Social
41 Center for Women's Global Leadership, Internotionol Compoign for Women's Humon
Rights, lgg2- lgg3 Report, pp. 37 38.
42 Organized by Simorgh Women's Resource and Publication Center. See Simorgh,
In the Court of Women — The Lohore Tribunol on Violence Agoinst Women 1 gg3
19g4, Jgg5•
Documenting Women's Rights VioLations by Non-state Actors
Documenting Women's Rights VioLations by Non-state Actors
Forum in Mumbai, which included expert testimonies by
speakers from the Philippines, Puerto Rico, Iraq, Hawaii,
Cuba, Palestine, Croatia and South Africa.
Reparation for “comfort women”
The issue of the so-called “comfort women” gained inter-
national attention through the combined efforts of various
national women's organizations and networks such as the
Violence Against Women in War Network, Japan (VAWW-NET
Japan) and the Women's Caucus for Gender Justice (now WIGJ).
In 1991, in order to publicize Japan's regime of enforced
prostitution during the Second World War, activists started
to collect data about the women victims of sexual slavery.
After 50 years of silence, women survivors, in their 70s and
80s, came forward to demand justice and redress. One of the
main outcomes of this lengthy and sustained documentation
work was the Women's International War Crimes Tribunal on
Japanese Military Sexual Slavery. The Tokyo Tribunal, as it came
to be called, was held in December 2000 in Tokyo. The Tribunal
was attended by 70 victims and more than 1100 participants.
The final judgment was passed in December 2001, at a Women's
International Tribunal held in The Hague, Netherlands , The
Japanese government was found guilty of war crimes and
crimes against humanity. The “findings” demanded both state
reparation for victims and accountability of perpetrators.
Koalisi Perempuan Indonesia, Indonesian Indictment — Judgment of
the Women's International Tribunal, The Hague, December 3, 4, 2001,
48 P. See also Tokyo Tribunal and Comfort Women, Bibliography, Rights
& Democracy, 2001, www.dd-rd.ca
Combined efforts from different regions tend to bring about
tangible results more often than isolated initiatives. There
are, however, contexts in which campaigns may be dis-
missed as “foreign intervention.” For this reason, when
issuing Alerts For Action (publicizing cases that require
urgent solidarity), the WLUML network is careful to assess
to which audience it should be addressed. In collabora-
tion with activists in the region or community where the
situation is occurring, the network tries to determine if
launching an international alert will be detrimental to the
outcome of the case. State authorities might use the fact of
a global campaign as an excuse to ignore the call, arguing
that it is interference from “the West” or from non-Muslim
countries. In some cases, the network prefers to approach
selected allies from a specific region, who carry more weight
in the eyes of a given government. Thus, when the risk of a
backlash does not endanger an overall campaign, collabora-
tive efforts are often a good strategy to address violations
of women's human rights by non-state actors.
Campaigns on Behalf of an Individual
Campaigns can also aim to support the rights of an indi-
vidual and to hold non-state actors accountable. There are
many types of cases that may be handled. The following
two examples, taken from the work of WLUML, illustrate
how campaigns may be designed. The second case, though,
specifically demonstrates the capacity of organizations to
learn and to incorporate the principles of human rights law
into their campaigns.
Documenting women's Rights VioLations by Non-state Actors
Documenting women's Rights VioLations by Non-state Actors
The Akobé case
The Yacoub case
Eight organizations joined with WLUML to free Véronique
Akobé, a 23-year-old woman from Côte d'Ivoire. Akobé was
an illegal immigrant and employed as a domestic worker in
France. Soon after starting her job, she was raped several
times by her employer and his son. In August 1987, she killed
the son and wounded the father. Although there was evi-
dence proving that she had been raped, this fact was not
taken into account by the lawyers assigned to the case by
the Court. In January 1990, Akobé was sentenced to 20 years'
imprisonment by the assize court in Nice, France. The cam-
paign on Akobé's behalf
— called for mobilization in the form of rallies in front
of French embassies to coincide with a national
demonstration in Paris;
— gathered additional petitions after the President of France
did not respond to 30,000 signatures that had already
been collected and submitted to him;
— emphasized that a presidential pardon should be granted
to Akobé and assurances given that she would not be
expelled from France;
— affirmed that failure to grant the presidential pardon
would imply agreement with a verdict that advocates
asserted had been marked by sexism and racism.
In July, 1996, Akobé was granted a presidential pardon. While
successful, this campaign was based on the racist and sexist
character of the case. There was no reference to human rights
principles or to any of the human rights conventions or cov-
enants that France had ratified.
A campaign was launched in October 1995 on behalf of Zara
Mahamat Yacoub, a female Chadian film director, against whom
afatwa had been issued, The facts of this case included the
following:
— The fatwa was issued after the showing of Yacoub's film
“Dilemme au Féminin” (“Feminine Dilemma”);
— The Chadian Council of Communication had authorized the
showing of the film on television in Chad;
— By order of the High Council of Islamic Affairs and the
Imam of the Grand Mosque of Ndjamena, the 15 mosques
of the town of Ndjamena cursed, excommunicated and
condemned Zara Yacoub in their sermons;
— Zara Yacoub was accused of an offence against the Muslim
religion for showing in the film a scene of an excision (the
amputation of a female clitoris, and hence nudity), as well
as an interview with the Chief Imam;
— In a letter addressed to the Chadian people, an association
calling itself the Union of Young Chadian Muslims declared
that the film was against good morals, human values and
divine law; the Union demanded that severe administrative
sanctions be taken against Yacoub, and against the
Director of television in Chad.
Yacoub received anonymous telephone calls and death threats;
the principal actor in the film, a 10-year-old girl, was also
threatened and her schooling interrupted.
The campaign organized by WLUML urged people to pressure
the Chadian authorities by
— asking for the annulment of the ,fatwa against Yacoub by
the High Council of Islamic Affairs;
— seeking assurance that no sanctions would be taken
against her or the authorities of Chadian television;
Documenting Women's Rights VioLations by Non-state Actors
Documenting Women's Rights VioLations by Non-state Actors
— requesting official protection for Yacoub, the principal
actor and others involved in the film or its broadcast;
— emphasizing that Yacoub had committed no offence and
had merely exercised her right to freedom of expression,
one of the fundamental human rights recognized by the
United Nations and the Constitution of the Republic
of Chad;
— pointing out the importance of Yacoub's work in protecting
the rights of young girls and women, in this case in the
context of the continued practice of FGM.
In a jgg letter to WLUML, Yacoub stated the following:
Your action has been very effective , There was no official
reaction but the letters and faxes sent to the Chadian
authorities after your call for action led the President of
the Republic to tell the imam to calm down and forget this
case. I have now stopped taking security precautions and
am trying to regain confidence. It is time to say thank you
to all the people who have helped.
Research and Networking
A campaign at the international level may involve not
only documentation but detective-like work. An example
of this type of initiative is the Campaign to Stop Funding
Hate. The campaign was launched in November 2002 in
the United States by a coalition of people concerned about
Hindu extremist right-wing groups based in India acquiring
much of their financial resources from Hindu Indians liv-
ing abroad. The activists tracked down how donations were
used for sectarian purposes and uncovered significant finan-
cial networks. With that information at hand, the first stage
of the campaign, Project Saffron Dollar, was designed to put
an end to the collection of substantial sums of money by an
organization called the India Development and Relief Fund
(IDRF). The IDRF characterized itself as a non-sectarian,
non-political charity that provided funding for development
and relief work in India. An independent report documented
in detail the connections between the IDRF and extremist
groups in India (known as Sangh Parivar). 43
As a result of activists exchanging their findings, the docu-
mentation work done in the United States encouraged and
enabled similar initiatives in Britain. There, a London-based
pressure group succeeded in exposing the international
character of the problem through an investigation of Hindu
organizations based in the U.K. with financial links to the
Sangh Parivar in India.
The Sangh Parivar was, through its various front organiza-
tions, the main instigator and perpetrator of the killings
in Gujarat in 2002 and had systematically incited sexual
violence against women of the Muslim community.”
The regional level
There is no human rights forum in Asia (commission and/or
court). As of the end of December 2005, Africa did not have
a regional court on human rights. Activists in Africa and
Asia, therefore, must depend upon precedents arising from
case law at the national level in which the human rights set
out in various international instruments have been cited.
43 The report, entitled “A Foreign Exchange of Hate,” indicated that 82 percent of the
funds disbursed at the discretion of IDRF were going to Sangh Parivar organizations.
Of the remaining, the majority went to sectarian Hindu charities that may or may
not have had a direct Sangh affiliation. Less than five percent of the funds went to
agendas that did not have a distinct Hindu-religious identification.
44 International Initiative for Justice in Gujamt (113), Thraotanad existence: o femi-
nist ono lysis of the ganodda in Gujorot, Bombay, India, 2003, 244 p., available at
www.onlinevolunteers.org/gujarat/reports/iijg/2003/
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Documenting Women's Rights VioLations by Non-state Actors
In countries where the State has ratified or acceded to all
or some of the international human rights treaties, it is
important to know the status accorded to them under that
State's law and whether they are “self-executing.”
With regard to Africa, the following instruments provide a
helpful normative framework for activists:
• the African Charter on Human and Peoples' Rights;
• the African Charter on the Rights and Welfare of the Child;
• the Protocol to the African Charter on Human and
Peoples' Rights on the Establishment of an African Court
on Human and Peoples' Rights;
• the Protocol to the African Charter on Human and
Peoples' Rights on the Rights of Women in Africa.
The South African Constitution
The South African Constitution Act No. 108 of 1996 (Section
39 (1) (b) and (c)) specifically provides that when the Bill of
Rights is interpreted by a court, tribunal or forum, internation-
al law must be considered and foreign law may be considered.
Section 231 (1(4) of the Constitution provides that “Any
international agreement becomes law in the Republic when it
is enacted into law by national legislation; but a self-executing
provision of an agreement that has been approved by Parha-
ment is law in the Republic unless it is inconsistent with the
Constitution or an Act of Parliament.”
These and associated instruments for a comprehensive uni-
tary system for the protection of human rights have been
developed on the African continent.
Human Rights Advocacy at the Regional Level
Initiatives such as “leadership institutes” have become
increasingly popular among women's rights activists. These
are often intensive residential summer programmes that
aim to foster leadership qualities in women advocates.
Many focus on human rights, including documentation, and
provide advocacy tools, training, and forums for debate.
One example is the annual African Women's Leadership
Institute (AWLI), established in 1996 by Akina Mama Wa
Afrikia (AmWA), following the Fourth World Conference
on Women. An intensive three-week regional residential
leadership training institute is convened every year (in ad-
dition to sub-regional and national training programmes).
The goal of the AWLI is to contribute to the strengthening
of the African women's movement. The following is the mis-
sion statement of the organization:
The AWLI is a regional networking, information and
training forum which trains African women aged 25
to 40 in critical thinking on gender issues, femi-
nist theory and practice, organisational building
and resource development. The ultimate goal of the
AWLI is to encourage and train significant numbers
of women for informed positions that will ultimately
promote a progressive African women's development
agenda. The development of a feminist constituency
among the next generation of African women lead-
ers is essential to the future of the African women's
movement.
Documenting Women's Rights VioLations by Non-state Actors
Documenting Women's Rights VioLations by Non-state Actors
Human Rights Advocacy at the National
Level
Using Existing State Institutions
Many advocates, working in different contexts, have noted
that taking legal action (to seek redress for domestic abuse,
denial of property rights, etc.) is seen as shameful. They
have warned that women who pursue a legal case (espe-
cially against relatives) risk being ostracized or intimidated
by their immediate family or community. Advocates have
also noted that “relying on the incarceration for abusers
does not address situations where women do not want or
cannot afford to have their husbands [ or other male rela-
tives] go to jail.” 45
For activists contemplating a legal or fact-finding action, it is
important to bear in mind that this is likely to be a lengthy
and often emotionally demanding process. Police and mem-
bers of the judicial system (judges, prosecutors) may be
judgmental or hostile to the victims. Questions that must be
considered before proceeding include the following:
• Does the context allow it?
• Will the proposed action endanger the members of the
organization or provoke retaliation against either the
community or those taking the action?
• Is the risk is worth taking?
• Will there be support from some sections of society?
• Is the process worth it?
• Will the effort lead to some progress (even if only in the
long term)?
• Are there allies willing to back up the efforts?
• What are the realistic expectations?
• What are the political risks involved — is a backlash
likely and will it jeopardize the gains already made?
If the decision is made to proceed, either with legal or
some other kind of action, activists may want to consider
contacting, where they exist, the local or national human
rights commission, women's commission, gender commis-
sion or government women's ministry.
Given that, increasingly, national legislation in different
countries has distinct provisions that specifically address
violence against women, activists may choose to take a
case or cases to court. In such instances, the focus may
be on using existing provisions to underscore the rights
of women and to secure the prosecution of crimes perpe-
trated by non-state actors. In many cases, however, laws
do not mention such issues as domestic abuse, acid throw-
ing, and others. Women therefore need advice specifically
tailored to their needs from legal experts in order to iden-
tify which general provisions can actually be used to fit
their case (including provisions in the Constitution and in
human rights treaties).
45 Julie Mertus, with Nancy Flowers and Mallika Dutt, Locol Action, Gloiwl Chonge:
Leorning obout the Humon Rights of Women ond Girls, UNIFEM and the Center for
Women's Global Leadership, 1999, p. 103.
Documenting Women's Rights VioLations by Non-state Actors
Documenting Women's Rights VioLations by Non-state Actors
Using State institutions in India
The LawaL case
dilhe Constitution of India guarantees universal rights: we
therefore have tremendous possibilities to use it in court We
even had successes using the Beijing Platform for Action, when
there [ was] a gap in existing laws , And judges have been will-
ing to agree to uphold the Beijing Platform for Action, even
though it is more a policy document than a legal document.”
“ [ Furthermore] in 1984, we [ ...] enacted a gender-specific
law regarding cruelty against women. Cruelty is defined as
encompassing factors affecting the physical and mental health
and well-being of women. In our context, culturally speaking,
women must bear children. Hence women who do not are often
discriminated against There are documented cases of hus-
bands who have repeatedly used derogatory language against
their wives who had not borne children, resulting in extreme
forms of depression. We have secured convictions against these
men on the basis of cruelty.”
Statement by Indira Jaysing, Senior Advocate of the Supreme Court of
India and founding member of the Lawyers' Collective (Women's Rights
Initiative); oral presentation at Raising Standards to Tackle Violence
against Black and Minority Women, a national conference organized by
Southall Black Sisters, London, November 15, 2004.
A more difficult issue arises in situations where women's
rights advocates must refer cases to courts that do not
uphold human rights principles or, as in the following case,
to religious courts.
In September 2002, in Nigeria, Amina Lawal was sentenced
to death by stoning by a lower sharia court, on the charge of
adultery. The conviction was fought on appeal by the Women's
Right Advancement and Protection Alternatives (WRAPA) and
BA0BAB for Women's Human Rights. In September 2003, the
Katsina State sharia court of appeal upheld the appeal against
the conviction and sentence. This court held that pregnancy
outside of marriage was not proof of adultery, that Ms. Lawal's
alleged confession was not a confession in law, and, that
her rights of defence had not been properly recognized in
the lower courts. The decision of those acting on Ms. Lawal's
behalf to appeal the case through the sharia courts was
criticized on the grounds that there was a risk of legitimiz-
ing them and the result, while positive, did not contribute to
laying down the foundation for better law. In response, Sindi
Medar Gould, BAOBAB Director, stated that it was important
to “understand and support our strategy and the nuances of
working on rights in the context of Nigeria's religious and
ethnic identity politics.”
Human Rights Advocacy
at the Community Level
In various contexts, activists often undertake human rights
education and media campaigns that refer to human rights
concepts in order to raise awareness in communities about
various issues and the rights that accompany them. In
many instances, the work done at one level (documenta-
tion) informs the work carried out at another (community
awareness). Examples of the complementarity of approach-
es include the following.
Documenting Women's Rights VioLations by Non-state Actors
Documenting Women's Rights VioLations by Non-state Actors
Prevention of domestic vioLence
On the issue of FGM, opponents are at risk of being accused
In the United States, Harman International, in collaboration
with the Family Violence Prevention Fund, ran a project, from
2001 to 2003, on the prevention of domestic violence. The
project included (a) a new company policy regarding abuse;
(b) training on domestic violence and the new company
policy; (c) distribution of information, safety cards and posters;
(d) creating opportunities for employee volunteerism to
support local programmes on domestic violence; (e) referral
services. In the opinion of experts, this was the most compre-
hensive workplace project on the prevention domestic violence
ever devised.
An evaluation of the effectiveness of the programme high-
lighted the following areas:
— increased awareness of domestic violence;
— greater understanding of what constitutes abuse;
— a dramatic rise in the willingness of others to help victims;
— greater knowledge of how to help victims.
The evaluation demonstrated conclusively that prevention pro-
grammes based in the workplace can change attitudes about
domestic violence and influence behaviours. Sidney Harman,
Executive Chairman of Harman International stated that, in
the area of domestic violence, workplace training “benefits
victims of abuse, it benefits communities, and it benefits the
companies that sponsor the training.”
Formoreinformation on this project, see Family Violence Prevention Fund,
Innovative Workplace-Based Program Helps Employees Understand,
Address Abuse, 1 September 2004, http://endabuse.org/newsflash/
index.php3?SearchArticle&NewsFlash lD=550.
of betraying their own culture. This threat influences the
strategic choices that are made about how to address FGM.
Below are some examples of approaches shared at the Femi-
nism in the Muslim World Leadership Institutes.
FemaLe genitaL mutiLation
In Gambia, Amie Bojang-Sissoho, a journalist, uses human
rights concepts in her radio programmes to denounce the
failure of the state to prevent FGM and to counter identity-
based justifications of the practice. The programmes have been
particularly effective in terms of reaching rural and illiter-
ate women. Another strategy carried out in Gambia, by the
Committee Against Harmful Traditional Practices (Gamcotrap),
is to provide training for traditional birth attendants, mid-
wives, health workers, youth, community leaders, religious
leaders, parliamentarians, and government officials on the
harmful effects of FGM. As part of this process, reference to
human rights concepts and instruments is provided to com-
munities via locally based organizations.
Similar strategies have been used in, for example:
• Mali: use of CEDAW articles during awareness-raising
training, providing women with information about their
right not to submit to FGM;
• Sri Lanka: call-in radio programmes led by activists from
Muslim Women Research and Action Forum, focusing
on women's rights, including the right not to submit
to FGM; the programmes offer callers an opportunity
to raise their concerns and gain knowledge about their
legal rights.
Documenting Women's Rights vioLations by Non-state Actors
Documenting Women's Rights vioLations by Non-state Actors
In summary, while each case or situation has its own charac-
teristics, there are common points concerning human rights
documentation work generally, including the following:
• adopting a human rights framework does not preclude
pursuing other strategies and may possibly be used in
conjunction with others;
• a careful assessment and thorough knowledge of the
local and community contexts is needed to avoid poten-
tial pitfalls and increase the chances of success;
• strategies ought to be devised with the support of wom-
en's rights advocates together, with the full knowledge
and consent of the affected woman or women;
• step-by-step support needs to be given to the woman
or women whose rights are violated; this support may
need to be extended beyond the immediate term;
• financial resources and a substantial expenditure of
time are likely to be required.
As stated by Widney Brown, Deputy Program Director at
Human Rights Watch, “The overwhelming reason [ for
human rights groups] to undertake and carry out thor-
ough documentation of violence against women is to move
away from the unreliability of governments” who otherwise
would not address a particular issue. 46
46 Quoted fioni a telephone interview, October 12, 2004.
CONCLUSION
As this manual has tried to demonstrate, informing women
of their rights is crucial to empowering them, and ulti-
mately to promoting the vision of a world in which violence
against women does not occur.
Human rights principles, when used as a campaign tool,
are effective (a) in highlighting human rights violations;
(b) in influencing and mobilizing public and community
opinion; (c) in pressuring social actors, even at a very mod-
est, localized level. International human rights tools and
mechanisms are also useful for women's rights advocates
to make violations perpetrated by non-state actors visible
and to ensure that these issues are a high priority for the
international community.
One of the slogans adopted by Amnesty International for
its Stop Violence against Women campaign was It's in our
hands. The UN system can only work to the benefit of
women to the extent that activists and advocates interact
with the system regularly. In November 2004, the OHCHR
Quick Response Desk reminded women's rights advocates
that “communications [ to governments] are based on the
information received from you and your network of sources.
Both your work and that of your partners is of crucial
importance to protect the rights of people.”
While there is no doubt that much progress has been made
over the last decades, a number of areas still need to be
strengthened, or explored further. One such area is how
rights-based approaches in which human rights principles
are woven into other kinds of programming and policy-
Documenting Women's Rights VioLations by Non-state Actors
Documenting Women's Rights VioLations by Non-state Actors
making — e.g., rights principles built into doctor-patient
interactions; rights principles used to decide on the distri-
bution of health resources; rights principles used to involve
communities in decisions over the use of shared resources,
and so on.
Participants at a workshop on violence against women,
co-organized by Asia Pacific Women, Law & Development
(APWLD) and Amnesty International, made a number of
recommendations, highlighting areas for future work and
action. The recommendations referred to the following,
among other things:
• the need to look at the human rights framework as more
than a legal framework and to see it as including the
social policy dimension of violence against women;
• the need to strengthen the use of the human rights
framework as a tool for empowerment;
• the need to continue to challenge narrowly focused hier-
archical human rights concepts and to develop a holistic,
integrated and inclusive framework that links women's
specific human rights to the struggles for the rights of
others (e.g., indigenous peoples, lesbians, gays, bisexuals
and transsexuals, persons with disabilities, etc.). 47
In the context of domestic violence and violence in the com-
munity, exploitation by non-state actors can be addressed
through international human rights law. The unwillingness
of a State to deal with non-state actors can be challenged
through advocacy and campaigns, with documents such as
this manual providing guidelines.
47 APWLD/ AT, “Violence Against Women — taking stock of the gains and challenges,”
Thailand, July 2004; the APWLD newsletter, ForurnNews, is available online at www.
apwld.org/forumnews. htm.
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Documenting Women's Rights VioLations by Non-state Actors
APPENDIX ONE
Factors that Perpetuate
Gender-based Violence
Cultural factors
Economic factors
Legal factors
Political factors
Gender-specific socializa- Women's economic Lesser legal status of Under-representation of
tion dependence on men women by written law women in power, politics,
and/or by practice the media and in the legal
Cultural definitions Limited access to cash and medical professions
of appropriate sex roles and credit Laws regarding divorce,
child custody, mainte- Domestic violence not
Expectations of roles within Discriminatory laws nance and inheritance taken seriously
relationships re inheritance, property
rights, use of communal Legal definitions of rape Notions of family being
Belief in the inherent lands, and maintenance and domestic abuse private and beyond control
superiority of males after divorce or widowhood of the State
Low levels of legal literacy
Values that give men Limited access to among women Risk of challenge to status
proprietary rights over employment in formal quo/religious laws
women and girls and informal sector Insensitive treatment
of women and girls by Limited orgmiization of
Notion of the family as Limited access to education police and judiciary women as a political force
the private sphere and and training for women
under male control Limited participation
of women in organized
Customs of marriage political system
(bride price/dowry)
Acceptability of violence as
a means to resolve conflict
From Lori Heise and others, “Violence Against Women: A Neglected Public Health Issue in
Less Developed Countries,” Socio( Science Medicine, vol. 39, 1994, pp. 1165-1170.
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APPENDIX TWO
Convention on the Elimination
of All Forms of Discrimination
Against Women
PREAMBLE
The States Parties to the present Convention,
Noting that the Charter of the United Nations reaffirms faith
in fundamental human rights, in the dignity and worth of the
human person and in the equal rights of men and women,
Noting that the Universal Declaration of Human Rights affirms
the principle of the inadmissibility of discrimination and pro-
claims that all human beings are born free and equal in dignity
and rights and that everyone is entitled to all the rights and
freedoms set forth therein, without distinction of any kind,
including distinction based on sex,
Noting that the States Parties to the International Covenants on
Human Rights have the obligation to ensure the equal rights of
men and women to enjoy all economic, social, cultural, civil and
political rights,
Considering the international conventions concluded under the
auspices of the United Nations and the specialized agencies
promoting equality of rights of men and women,
Noting also the resolutions, declarations and recommendations
adopted by the United Nations and the specialized agencies
promoting equality of rights of men and women,
Concerned, however, that despite these various instruments
extensive discrimination against women continues to exist,
Recalling that discrimination against women violates the prin-
ciples of equality of rights and respect for human dignity, is an
obstacle to the participation of women, on equal terms with
men, in the political, social, economic and cultural life of their
countries, hampers the growth of the prosperity of society and
the family and makes more difficult the full development of the
potentialities of women in the service of their countries and of
humanity,
Concerned that in situations of poverty women have the least
access to food, health, education, training and opportunities for
employment and other needs,
Convinced that the establishment of the new international
economic order based on equity and justice will contribute
significantly towards the promotion of equality between men
and women,
Emphasizing that the eradication of apartheid, all forms of
racism, racial discrimination, colonialism, neo-colonialism,
aggression, foreign occupation and domination and interference
in the internal affairs of States is essential to the full enjoyment
of the rights of men and women,
Affirming that the strengthening of international peace and
security, the relaxation of international tension, mutual
co-operation among all States irrespective of their social and
economic systems, general and complete disarmament, in partic-
ular nuclear disarmament under strict and effective international
control, the affirmation of the principles of justice, equality and
mutual benefit in relations among countries and the realization
of the right of peoples under alien and colonial domination
and foreign occupation to self-determination and independ-
ence, as well as respect for national sovereignty and territorial
integrity, will promote social progress and development and as
a consequence will contribute to the attainment of full equality
between men and women,
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Convinced that the full and complete development of
a country, the welfare of the world and the cause of peace
require the maximum participation of women on equal terms
with men in all fields,
Bearing in mind the great contribution of women to the
welfare of the family and to the development of society, so
far not fully recognized, the social significance of mater-
nity and the role of both parents in the family and in the
upbringing of children, and aware that the role of women in
procreation should not be a basis for discrimination but that
the upbringing of children requires a sharing of responsibility
between men and women and society as a whole,
Aware that a change in the traditional role of men as well as the
role of women in society and in the family is needed to achieve
full equality between men and women,
Determined to implement the principles set forth in the
Declaration on the Elimination of Discrimination against
Women and, for that purpose, to adopt the measures
required for the elimination of such discrimination in all its
forms and manifestations,
Have agreed on the following:
PART I
Article 1
For the purposes of the present Convention, the term “discrimi-
nation against women” shall mean any distinction, exclusion
or restriction made on the basis of sex which has the effect or
purpose of impairing or nullifying the recognition, enjoyment
or exercise by women, irrespective of their marital status, on a
basis of equality of men and women, of human rights and funda-
mental freedoms in the political, economic, social, cultural, civil
or any other field.
Article 2
States Parties condemn discrimination against women in all its
forms, agree to pursue by all appropriate means and without
delay a policy of eliminating discrimination against women and,
to this end, undertake:
(a) To embody the principle of the equality of men and women
in their national constitutions or other appropriate legisla-
tion if not yet incorporated therein and to ensure, through
law and other appropriate means, the practical realization of
this principle;
(b) To adopt appropriate legislative and other measures, includ-
ing sanctions where appropriate, prohibiting all discrimina-
tion against women;
(c) To establish legal protection of the rights of women on an
equal basis with men and to ensure through competent
national tribunals and other public institutions the effective
protection of women against any act of discrimination;
(d) To refrain from engaging in any act or practice of discrimina-
tion against women and to ensure that public authorities and
institutions shall act in conformity with this obligation;
(e) To take all appropriate measures to eliminate discrimination
against women by any person, organization or enterprise;
(f) To take all appropriate measures, including legislation, to
modify or abolish existing laws, regulations, customs and
practices which constitute discrimination against women;
(g) To repeal all national penal provisions which constitute
discrimination against women.
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Article 3
Article 6
States Parties shall take in all fields, in particular in the politi-
caL sociaL economic and cultural fields, all appropriate meas-
ures, including legislation, to ensure the full development and
advancement of women, for the purpose of guaranteeing them
the exercise and enjoyment of human rights and fundamental
freedoms on a basis of equality with men.
Article 4
1. Adoption by States Parties of temporary special measures
aimed at accelerating de facto equality between men and
women shall not be considered discrimination as defined in
the present Convention, but shall in no way entail as a con-
sequence the maintenance of unequal or separate standards;
these measures shall be discontinued when the objectives of
equality of opportunity and treatment have been achieved.
2. Adoption by States Parties of special measures, including
those measures contained in the present Convention, aimed at
protecting maternity shall not be considered discriminatory.
Article 5
States Parties shall take all appropriate measures:
(a) To modify the social and cultural patterns of conduct of men
and women, with a view to achieving the elimination of prej-
udices and customary and all other practices which are based
on the idea of the inferiority or the superiority of either of
the sexes or on stereotyped roles for men and women;
(b) To ensure that family education includes a proper under-
standing of maternity as a social function and the recogni-
tion of the common responsibility of men and women in
the upbringing and development of their children, it being
understood that the interest of the children is the primordial
consideration in all cases.
States Parties shall take all appropriate measures, including
legislation, to suppress all forms of traffic in women and exploi-
tation of prostitution of women.
PART II
Article 7
States Parties shall take all appropriate measures to eliminate
discrimination against women in the political and public life of
the country and, in particular, shall ensure to women, on equal
terms with men, the right:
(a) To vote in all elections and public referenda and to be eligi-
ble for election to all publicly elected bodies;
(b) To participate in the formulation of government policy and
the implementation thereof and to hold public office and
perform all public functions at all levels of government;
(c) To participate in non-governmental organizations and asso-
ciations concerned with the public and political life of the
country.
Article 8
States Parties shall take all appropriate measures to ensure to
women, on equal terms with men and without any discrimina-
tion, the opportunity to represent their Governments at the
international level and to participate in the work of interna-
tional organizations.
Article 9
1. States Parties shall grant women equal rights with men to
acquire, change or retain their nationality. They shall ensure
in particular that neither marriage to an alien nor change of
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nationality by the husband during marriage shall automati-
cally change the nationality of the wife, render her stateless
or force upon her the nationality of the husband.
2. States Parties shall grant women equal rights with men with
respect to the nationality of their children.
PART III
Article 10
States Parties shall take all appropriate measures to eliminate
discrimination against women in order to ensure to them equal
rights with men in the field of education and in particular to
ensure, on a basis of equality of men and women:
(a) The same conditions for career and vocational guidance,
for access to studies and for the achievement of diplomas
in educational establishments of all categories in rural as
well as in urban areas; this equality shall be ensured in pre-
schooL general, technical, professional and higher technical
education, as well as in all types of vocational training;
(b) Access to the same curricula, the same examinations, teach-
ing staff with qualifications of the same standard and school
premises and equipment of the same quality;
(c) The elimination of any stereotyped concept of the roles of
men and women at all levels and in all forms of education by
encouraging coeducation and other types of education which
will help to achieve this aim and, in particular, by the revi-
sion of textbooks and school programmes and the adaptation
of teaching methods;
(d) The same opportunities to benefit from scholarships and
other study grants;
(e) The same opportunities for access to programmes of con-
tinuing education, including adult and functional literacy
programmes, particularly those aimed at reducing, at the
earliest possible time, any gap in education existing between
men and women;
(f) The reduction of female student drop-out rates and the
organization of programmes for girls and women who have
left school prematurely;
(g) The same Opportunities to participate actively in sports and
physical education;
(h) Access to specific educational information to help to ensure
the health and well-being of families, including information
and advice on family planning.
Article 11
1. States Parties shall take all appropriate measures to elimi-
nate discrimination against women in the field of employ-
ment in order to ensure, on a basis of equality of men and
women, the same rights, in particular:
(a) The right to work as an inalienable right of all human beings;
(b) The right to the same employment opportunities, including
the application of the same criteria for selection in matters
of employment;
(c) The right to free choice of profession and employment, the
right to promotion, job security and all benefits and condi-
tions of service and the right to receive vocational training
and retraining, including apprenticeships, advanced voca-
tional training and recurrent training;
(d) The right to equal remuneration, including benefits, and to
equal treatment in respect of work of equal value, as well as
equality of treatment in the evaluation of the quality of work;
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(e) The right to social security, particularly in cases of retire-
ment, unemployment, sickness, invalidity and old age and
other incapacity to work, as well as the right to paid leave;
(f) The right to protection of health and to safety in working
conditions, including the safeguarding of the function of
reproduction.
2. In order to prevent discrimination against women on the
grounds of marriage or maternity and to ensure their effec-
tive right to work, States Parties shall take appropriate
measures:
(a) To prohibit, subject to the imposition of sanctions, dismissal
on the grounds of pregnancy or of maternity leave and dis-
crimination in dismissals on the basis of marital status;
(b) To introduce maternity leave with pay or with comparable
social benefits without loss of former employment, seniority
or social allowances;
(c) To encourage the provision of the necessary supporting
social services to enable parents to combine family obliga-
tions with work responsibilities and participation in public
life, in particular through promoting the establishment and
development of a network of child-care facilities;
(d) To provide special protection to women during pregnancy in
types of work proved to be harmful to them.
3. Protective legislation relating to matters covered in this
article shall be reviewed periodically in the light of scientific
and technological knowledge and shall be revised, repealed
or extended as necessary.
Article 12
1. States Parties shall take all appropriate measures to elimi-
nate discrimination against women in the field of health care
in order to ensure, on a basis of equality of men and women,
access to health care services, including those related to
family planning.
2. Notwithstanding the provisions of paragraph I of this article,
States Parties shall ensure to women appropriate services in
connection with pregnancy, confinement and the post-natal
period, granting free services where necessary, as well as
adequate nutrition during pregnancy and lactation.
Article 13
States Parties shall take all appropriate measures to eliminate
discrimination against women in other areas of economic and
social life in order to ensure, on a basis of equality of men and
women, the same rights, in particular:
(a) The right to family benefits;
(b) The right to bank loans, mortgages and other forms of finan-
cial credit;
(c) The right to participate in recreational activities, sports and
all aspects of cultural life.
Article 14
1. States Parties shall take into account the particular prob-
lems faced by rural women and the significant roles which
rural women play in the economic survival of their families,
including their work in the non-monetized sectors of the
economy, and shall take all appropriate measures to ensure
the application of the provisions of the present Convention
to women in rural areas.
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2. States Parties shall take all appropriate measures to elimi-
nate discrimination against women in rural areas in order to
ensure, on a basis of equality of men and women that they
participate in and benefit from rural development and, in
particular, shall ensure to such women the right:
(a) To participate in the elaboration and implementation of
development planning at all levels;
(b) To have access to adequate health care facilities, including
information, counselling and services in family planning;
(c) To benefit directly from social security programmes;
(d) To obtain all types of training and education, formal and
non-formal, including that relating to functional literacy, as
well as, inter alia, the benefit of all community and extension
services, in order to increase their technical proficiency;
(e) To organize self-help groups and co-operatives in order to
obtain equal access to economic opportunities through
employment or self employment;
(f) To participate in all community activities;
(g) To have access to agricultural credit and loans, marketing
facilities, appropriate technology and equal treatment in
land and agrarian reform as well as in land resettlement
schemes;
(h) To enjoy adequate living conditions, particularly in relation
to housing, sanitation, electricity and water supply, trans-
port and communications.
PART IV
Article 15
1. States Parties shall accord to women equality with men
before the law.
2. States Parties shall accord to women, in civil matters, a legal
capacity identical to that of men and the same opportuni-
ties to exercise that capacity. In particular, they shall give
women equal rights to conclude contracts and to administer
property and shall treat them equally in all stages of proce-
dure in courts and tribunals.
3. States Parties agree that all contracts and all other private
instruments of any kind with a legal effect which is directed
at restricting the legal capacity of women shall be deemed
null and void.
4. States Parties shall accord to men and women the same rights
with regard to the law relating to the movement of persons
and the freedom to choose their residence and domicile.
Article 16
1. States Parties shall take all appropriate measures to elimi-
nate discrimination against women in all matters relating to
marriage and family relations and in particular shall ensure,
on a basis of equality of men and women:
(a) The same right to enter into marriage;
(b) The same right freely to choose a spouse and to enter into
marriage only with their free and full consent;
(c) The same rights and responsibilities during marriage and at
its dissolution;
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(d) The same rights and responsibilities as parents, irrespective
of their marital status, in matters relating to their children;
in all cases the interests of the children shall be paramount;
(e) The same rights to decide freely and responsibly on the
number and spacing of their children and to have access to
the information, education and means to enable them to
exercise these rights;
(f) The same rights and responsibilities with regard to guardi-
anship, wardship, trusteeship and adoption of children, or
similar institutions where these concepts exist in national
legislation; in all cases the interests of the children shall be
paramount;
(g) The same personal rights as husband and wife, including the
right to choose a family name, a profession and an occupa-
tion;
(h) The same rights for both spouses in respect of the owner-
ship, acquisition, management, administration, enjoyment
and disposition of property, whether free of charge or for a
valuable consideration.
2. The betrothal and the marriage of a child shall have no
legal effect, and all necessary action, including legislation,
shall be taken to specify a minimum age for marriage and
to make the registration of marriages in an official registry
com pulsory.
PART V
Article 17
1. For the purpose of considering the progress made in the
implementation of the present Convention, there shall be
established a Committee on the Elimination of Discrimi-
nation against Women (hereinafter referred to as the
Committee) consisting, at the time of entry into force of
the Convention, of eighteen and, after ratification of or
accession to the Convention by the thirty-fifth State Party,
of twenty-three experts of high moral standing and compe-
tence in the field covered by the Convention. The experts
shall be elected by States Parties from among their nation-
als and shall serve in their personal capacity, consideration
being given to equitable geographical distribution and to
the representation of the different forms of civilization as
well as the principal legal systems.
2. The members of the Committee shall be elected by secret
ballot from a list of persons nominated by States Parties.
Each State Party may nominate one person from among its
own nationals.
3. The initial election shall be held six months after the date
of the entry into force of the present Convention. At least
three months before the date of each election the Secretary-
General of the United Nations shall address a letter to the
States Parties inviting them to submit their nominations
within two months. The Secretary-General shall prepare a list
in alphabetical order of all persons thus nominated, indicat-
ing the States Parties which have nominated them, and shall
submit it to the States Parties.
4. Elections of the members of the Committee shall be held at a
meeting of States Parties convened by the Secretary-General
at United Nations Headquarters. At that meeting, for which
two thirds of the States Parties shall constitute a quorum,
the persons elected to the Committee shall be those nomi-
nees who obtain the largest number of votes and an absolute
majority of the votes of the representatives of States Parties
present and voting.
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5. The members of the Committee shall be elected for a term
of four years. However, the terms of nine of the members
elected at the first election shall expire at the end of two
years; immediately after the first election the names of these
nine members shall be chosen by lot by the Chairman of the
Committee.
6. The election of the five additional members of the
Committee shall be held in accordance with the provisions of
paragraphs 2, 3 and 4 of this article, following the thirty-
fifth ratification or accession. The terms of two of the addi-
tional members elected on this occasion shall expire at the
end of two years, the names of these two members having
been chosen by lot by the Chairman of the Committee.
7. For the filling of casual vacancies, the State Party whose
expert has ceased to function as a member of the Commit-
tee shall appoint another expert from among its nationals,
subject to the approval of the Committee.
8. The members of the Committee shall, with the approval of the
General Assembly, receive emoluments from United Nations
resources on such terms and conditions as the Assembly may
decide, having regard to the importance of the Committee's
responsibilities.
9. The Secretary-General of the United Nations shall provide
the necessary staff and facilities for the effective perform-
ance of the functions of the Committee under the present
Convention.
Article 18
1. States Parties undertake to submit to the Secretary-General of
the United Nations, for consideration by the Committee, a report
on the legislative, judicial, administrative or other measures
which they have adopted to give effect to the provisions of the
present Convention and on the progress made in this respect:
(a) Within one year after the entry into force for the State
concerned;
(b) Thereafter at least every four years and further whenever the
Committee so requests.
2. Reports may indicate factors and difficulties affecting
the degree of fulfilment of obligations under the present
Convention.
Article 19
1. The Committee shall adopt its own rules of procedure.
2. The Committee shall elect its officers for a term of two years.
Article 20
1. The Committee shall normally meet for a period of not more
than two weeks annually in order to consider the reports
submitted in accordance with article 18 of the present
Convention.
2. The meetings of the Committee shall normally be held at
United Nations Headquarters or at any other convenient
place as determined by the Committee.
Article 21
1. The Committee shall, through the Economic and Social
Council, report annually to the General Assembly of the
United Nations on its activities and may make suggestions
and general recommendations based on the examination of
reports and information received from the States Parties.
Such suggestions and general recommendations shall be
included in the report of the Committee together with com-
ments, if any, from States Parties.
2. The Secretary-General of the United Nations shall transmit
the reports of the Committee to the Commission on the
Status of Women for its information.
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Article 22
The specialized agencies shall be entitled to be represented
at the consideration of the implementation of such provisions
of the present Convention as fall within the scope of their
activities. The Committee may invite the specialized agencies to
submit reports on the implementation of the Convention in areas
falling within the scope of their activities.
PART VI
Article 23
Nothing in the present Convention shall affect any provisions
that are more conducive to the achievement of equality between
men and women which may be contained:
(a) In the legislation of a State Party; or
(b) In any other international convention, treaty or agreement
in force for that State.
Article 24
States Parties undertake to adopt all necessary measures at
the national level aimed at achieving the full realization of the
rights recognized in the present Convention.
Article 25
1. The present Convention shall be open for signature by all
States.
2. The Secretary-General of the United Nations is designated as
the depositary of the present Convention.
3. The present Convention is subject to ratification. Instru-
ments of ratification shaft be deposited with the Secretary-
General of the United Nations.
4. The present Convention shall be open to accession by all
States. Accession shall be effected by the deposit of an
instrument of accession with the Secretary-General of the
United Nations.
Article 26
1. A request for the revision of the present Convention may be
made at any time by any State Party by means of a notifica-
tion in writing addressed to the Secretary-General of the
United Nations.
2. The General Assembly of the United Nations shaft decide
upon the steps, if any, to be taken in respect of such a
request.
Article 27
1. The present Convention shaft enter into force on the thirti-
eth day after the date of deposit with the Secretary-General
of the United Nations of the twentieth instrument of ratifica-
tion or accession.
2. For each State ratifying the present Convention or acceding
to it after the deposit of the twentieth instrument of rati-
fication or accession, the Convention shall enter into force
on the thirtieth day after the date of the deposit of its own
instrument of ratification or accession.
Article 28
1. The Secretary-General of the United Nations shall receive
and circulate to all States the text of reservations made by
States at the time of ratification or accession.
2. A reservation incompatible with the object and purpose of
the present Convention shall not be permitted.
3. Reservations may be withdrawn at any time by notification
to this effect addressed to the Secretary-General of the
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United Nations, who shall then inform all States thereof.
Such notification shall take effect on the date on which it is
received.
Article 29
APPENDIX THREE
CEDAW Complaint Form
1. Any dispute between two or more States Parties concerning
the interpretation or application of the present Convention
which is not settled by negotiation shall, at the request
of one of them, be submitted to arbitration. If within six
months from the date of the request for arbitration the par-
ties are unable to agree on the organization of the arbitra-
tion, any one of those parties may refer the dispute to the
International Court of Justice by request in conformity with
the Statute of the Court.
2. Each State Party may at the time of signature or ratifica-
tion of the present Convention or accession thereto declare
that it does not consider itself bound by paragraph I of this
article. The other States Parties shall not be bound by that
paragraph with respect to any State Party which has made
such a reservation.
3. Any State Party which has made a reservation in accordance
with paragraph 2 of this article may at any time withdraw
that reservation by notification to the Secretary-General of
the United Nations.
Article 30
The present Convention, the Arabic, Chinese, English, French,
Russian and Spanish texts of which are equally authentic, shall
be deposited with the Secretary-General of the United Nations.
IN WITNESS WHEREOF the undersigned, duly authorized, have
signed the present Convention.
The complete text of CEDAW is also available on line at
www.ohchr.org/english/law
Complaint Form to the Committee on the Elimination
of Discrimination Against Women
Note: To be considered by the Committee, a communication:
— must be in writing;
— may not be anonymous;
— must refer to a State which is a party to both the Convention
on the Elimination of All Forms of Discrimination against
Women and the Optional Protocol;
— must be submitted by, or on behalf of, an individual or a
group of individuals under the jurisdiction of a State which
is a party to the Convention and the Optional ProtocoL In
cases where a communication is submitted on behalf of an
individual or a group of individuals, their consent is neces-
sary unless the person submitting the communication can
justify acting on their behalf without such consent.
A communication will not normally be considered by the
Committee:
— unless all available domestic remedies have been
exhausted;
— where the same matter is being or has already been exam-
ined by the Committee or another international procedure;
— if it concerns an alleged violation occurring before the entry
into force of the Optional Protocol for the State.
In order for a communication to be considered the victim or
victims must agree to disclose her/their identity to the State
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against which the violation is alleged. The communication, if Sex
admissible, will be brought confidentially to the attention of the
State party concerned.
Profession
If you wish to submit a communication, please follow the guide-
lines below as much as possible. Also, please submit any relevant
information which becomes available after you have submitted
this form. Ethnic background, religious affiliation, social group (if relevant)
Further information on the Convention on the Elimination of All
Forms of Discrimination against Women and its Optional Proto- Present address
col, as well as the rules of procedure of the Committee can be
found at www.un.org/womenwatch/daw/cedaw/index.html
The following questionnaire provides a guideline for those who
wish to submit a communication. Please provide as much infor- Mailing address for exchange of confidential correspondence
mation as available in response to the items listed below. Attach (if other than present address)
additional pages as necessary.
1. Information concerning the author of the
Fax/telephone/e-mail
communication
Family Name
Indicate whether you are submitting the communication as:
First name(s)
(a) Alleged victim(s). If there is a group of individuals alleged to
be victims, provide basic information about each individual
Date and place of birth
(b) On behalf of the alleged victim(s). Provide evidence showing
Nationality/citizenship . . . .
the consent of the victim(s), or reasons that justify submit-
_________________________________________________________ ting the communication without such consent
Passport/identity card number (if available) ____________________________________________________________
Documenting Women's Rights VioLations by Non-state Actors Documenting Women's Rights VioLations by Non-state Actors
2. Information concerning the alleged victim(s) Mailing address for confidential correspondence (if other than
(if other than the author) present address)
Family name _______________________________________________________
First name Fax/telephone/e-mail
Date and place of birth ____________________________________________________________
Nationality/citizenship 3. Information on the State party concerned
Name of the State party (country)
Passport/identity card number (if available) ______________________________________________________________
Sex 4. Nature of the alleged violation(s)
_________________________________________________________ Provide detailed information to substantiate your claim,
including:
Marital status/children
Description of alleged violation(s) andalleged perpetrator(s)
Profession
Date(s)
Ethnic background, religious affiliation, social group (if relevant)
Place(s)
Present address
Documenting Women's Rights VioLations by Non-state Actors Documenting Women's Rights VioLations by Non-state Actors
Provisions of the Convention on the Elimination of ALL If domestic remedies have not been exhausted, explain why.
Forms of Discrimination against Women that were allegedly
violated. If the communication refers to more than one provi-
sion, describe each issue separately. ____________________________________________________________
Please note: Enclose copies of all relevant documentation.
6. Other international procedures
5. Steps taken to exhaust domestic remedies Has the same matter already been examined or is it being exam-
ined under another procedure of international investigation or
Describe the action taken to exhaust domestic remedies; for
settlement? If yes, explain:
example, attempts to obtain legal, administrative, legislative,
policy or programme remedies, including: Type of procedure(s)
Type(s) of remedy sought _________________________________________________________
____________________________________________________________ Date(s)
Date(s)
____________________ Place(s)
Place(s) ______________________________________________
Results (if any)
Who initiated the action Please note: Enclose copies of all relevant documentation.
Which authority or body was addressed 7. Date and signature
______________________________________________________________ Date/place
Name of court hearing the case (if any) ____________________________________________________
Documenting Women's Rights VioLations by Non-state Actors Documenting Women's Rights VioLations by Non-state Actors
Signature of author(s) and/or victim(s)
APPENDIX FOUR
8. List of documents attached (do not send originals,
only copies)
Complaint Form to the Special
Rapporteur on Violence Against
Women
CONFIDENTIAL
VIOLENCE AGAINST WOMEN
INFORMATION FORM
Cases can be submitted by mail to:
Committee on the Elimination of Discrimination against Women
Division for the Advancement of Women
Department of Economic and Social Affairs
United Nations Secretariat
2 United Nations Plaza, DC-2/ l2th Floor
New York, NY 10017
United States
Fax: + 1-212-963-3463
INFORMER: the name and address of the person/organization
submitting the information will remain confidential. Please also
mention whether we can contact you for additional information,
and if so by what means.
Name of person/organization:
Address:
Fax/tel/e-mail:
VICTIM(S): information about the victim(s) including full name,
age, sex, residence, professional and/or other activities related
to the alleged violation, and any other information helpful in
identifying a person (such as passport or identity card number).
Please mention whether the victim is willing for the case to be
transmitted to the Government concerned.
Documenting Women's Rights VioLations by Non-state Actors
Documenting Women's Rights VioLations by Non-state Actors 0
Name: compensation for the violations. Include information about the
steps taken by the victims or their families to obtain remedies
including complaints filed with the police, other officials or
Address: independent national human rights institutions. If no com-
plaints have been filed, explain why not. Include information
about steps taken by officials to investigate the alleged viola-
Date of birth: tion (or threatened violation) and to prevent similar acts in the
future. If a complaint has been filed, include information about
the action taken by the authorities, the status of the investiga-
Nationality: tion at the time the communication is submitted, and/or how
the results of the investigation are inadequate.
Date:
Sex:
Time:
Occupation:
Location/country:
Ethnic background, religious, social group (if relevant):
Number of assailants:
THE INCIDENT: including dates, place, and the harm suffered
or to be prevented. If your submission concerns a law or policy Are the assailant(s) known to the victim?
rather than a specific incident, summarize the law or policy and
the effects of its implementation on women's human rights.
Include information about the alleged perpetrators: their names Name of assailant(s):
(if known), any relationship they may have to the victims and/or
to the Government, and an explanation of the reasons why you
believe they are the perpetrators. If you submit information
about violations committed by private individuals or groups
(rather than government officials), include any information
which might indicate that the Government failed to exercise
due diligence to prevent, investigate, punish, and ensure
Documenting Women's Rights VioLations by Non-state Actors Documenting Women's Rights VioLations by Non-state Actors
Does the victim have a relationship with the assailant(s)? If so Does the victim believe she was specifically targeted because of
what is the nature of the relationship? gender?
Description of the assailant(s) (include any identifying features): If yes, why?
DESCRIPTION OF THE INCIDENT: Has the incident been reported to the relevant State authorities?
If so, which authorities and when?
Have the authorities taken any action after the incident?
If so, which authorities?
What action?
When?
Documenting Women's Rights VioLations by Non-state Actors Documenting Women's Rights VioLations by Non-state Actors 0
WITNESSES: Were there any witnesses?
APPENDIX FIVE
Name/age/relationship/contact address:
Useful Addresses
WOMEN'S ORGANIZATIONS
Please bring to the attention of the Special Rapporteur any infor-
mation which becomes available after you have submitted this
form. For example, please inform the Special Rapporteur if your
human rights concern has been adequately addressed, or a fina l .
outcome has been determined in an investigation or trial, or an
action which was planned or threatened has been carried out.
Please return to the
Special Rapporteur on Violence Against Women
OHCH R-UNOG,
1211 Geneva 10
Switzerland
Fax: 00 41 22 917 90006
E-mail: urgent-action ohchr.org
Women's Initiatives for Gender Justice
Anna Paulownastraat 103, 2518BC, The Hague
TeL: 31 (0) 70 365 2042 Fax 31 (0) 70 392 5270
Web site: www.iccwomen.org
RELEVANT UN BODIES
UN Division on the Advancement of Women (DAW)
(includes Commission on the Status of Women)
2 UN Plaza, DC2-l2th Floor
New York, NY, 10017, USA
Fax: +1-212-963-3463 E-mail: daw un.org
Web site: www.un.org/womenwatch/daw
RELEVANT UN ORGANIZATIONS
CONGO (also known as NGOCONGO, The Conference of NGOs in
consultative relationship with the United Nations)
Geneva office
Isolda Agazzi Ben Attia, Programme Officer
(isolda.agazzi @ngocongo.or)
Rik Panganiban, Comm unications Coordinator
(rik.panganiban ®ngocongo.org)
Address: 11, Avenue De La Paix, 1st Floor, 1202
Geneva, Switzerland
Post: CP 50, 1211 Geneva 20, Switzerland
Tel.: +41 22 301 1000 Fax: +41 22 301 2000
Documenting Women's Rights vioLations by Non-state Actors
Documenting Women's Rights vioLations by Non-state Actors
New York office APPENDIX SIX
Anita Thomas, Coordinator, CONGO New York
Women's Human Rights Resources
Conference of NGOs
777 United Nations Pl.aza, 6th floor, New York, NY 10017, USA
TeL: +1 212 986 8557 Fax: +1 212 986 0821
E-mail: congony ngocongo.org RESOURCES ON THE INTERNET
Vienna office General UN Human Rights Information
VIC, Room C0266A www.un.org
P.O. Box 500 VIC, A 1400 Vienna, Austria
TeL.: +43 1 260 60 4422 Fax: +43 1 260 60 5985 International Human Rights Instruments — Women's Human Rights
E-mail: congovie@ngocongo.org www.un hchr.ch/htm Ijinttinst.htm
Geneva NGO Subcommittee on the Status of Women United Nations High Commissioner for Human Rights
(Committee of Substance) www.ohchr.org
Conchita Poncini, President
International. Federation of University Women United Nations Commission on the Status of Women
Room E2, NGO Lounge, PaLais des Nations www .un.org/womenwatch/daw/cedaw/csw
1211 Geneva 10, Switzerland
TeL: +41-22 917 4735 Fax: +4122 917 0181 United Nations Convention on the Elimination of All Forms
E-mail.: ngocsw iproLink.ch of Discrimination Against Women
www.un.org/womenwatch/daw/cedaw/index.htm
Women's Human Rights
www. Law-Li b.utoronto.ca/dian a/
Women sNet ®igc
www.igc.apc.org/womensnet/
Women's Resources on the Web
www.wom en-on Line.com/women/
Documenting women's Rights vioLations by Non-state Actors Documenting women's Rights VioLations by Non-state Actors
WOMEN'S HUMAN RIGHTS EDUCATION MANUALS
AFKHAMI, Mahnaz; VALIRI, Haleh. Claiming our rights: a manual
for women's human rights education in Muslim societies. Bethesda
(MD): Sisterhood is Global Institute, 1996. 154 p.
Asian Centre for Women's Human Rights. Indochina Training Module
on Monitoring, Investigating and Documenting Women's Human
Rights Violations. Phnom Penh, Cambodia, January 18-22, 1999.
Quezon City (Philippines): ASCENT, 1999. 107 p.
Commonwealth Secretariat; International Women's Rights Action
Watch. Assessing the Status of Women: A Guide to Reporting
Under the Convention on the Elimination of All Forms of Discrimi-
nation Against Women. 1996. 89 p.
KLOES, Jennifer. To Promote and Protect Women's Human
Rights: A Handbook of Mobilization Strategies for Women's
Nongovernmental Organizations. Arlington (Virginia): VOICE
International, 1999. 110 p.
MERTUS, Julie; FLOWERS, Nancy; DUlL Mallika. Local Action,
Global Change: Learning About the Human Rights of Women and
Girls. New York: Center for Women's Global Leadership; UNIFEM,
1999. 254 p.
MERTUS, Julie; FLOWERS, Nancy; DUll, Mallika. Our human rights:
a manual for women's human rights: draft distributed for com-
ments August 1995 at the Fourth UN World Conference for Women,
Beijing, China. New York: Organizing Committee for the People's
Decade for Human Rights Education, 1995. 201 p.
RHRC Consortium (Reproductive Health Response in Conflict).
Gender-based Violence Tools Manual: For Assessment & Program
Design, Monitoring & Evaluation in Conflict-affected Settings.
New York: 2004. 207 p.
Women Law & Development International. Women's human rights
step by step: a practical guide to using international human rights
law and mechanisms to defend women's human rights. Washing-
ton (DC): 1997. 197 p.
Documenting Women's Rights VioLations by Non-state Actors
Documenting Women's Rights VioLations by Non-state Actors
IN THE SAME COLLECTION
NOTES:
A Methodology for Gender-Sensitive
Research (1999). Agnes Callarmard,
co-pub hshed with Amnesty International.
Documenting Human Rights Violations
by States Agents (1999).
Agnes Callamard, co-published
with Amnesty international.
Investigating Women's Rights
Violations in Armed Conflicts (2001).
Agnes Caaamard in coRaboration
with Barbara Bedont, Ariane Brunet,
Dyan Mazurana, and Madeleine Rees,
co-published with Amnesty International.
S •• . :riU
1001 de Maisonneuve Blvd. East
Suite 1100
Montréal, Québec
Canada H2L 4P9
Tel.: 1(514) 283-6073
Fax: 1(514) 283-3792
dd-rd@dd-rd.ca
www.dd-rd.ca
International
Coordination Office
P0 Box 28445
London, N19 5NZ, UK
wlurnl@wluml.org
www.wluml.org
Africa & Middle East
Coordination Office
BAOBAB for Womens
Human Rights
P0 Box 73630
Victoria Island, Lagos, Nigeria
baobab@baobabwomen.org
www,baobabwomen org
Asia Coordination Office
Shirkat Gah Womens
Resource Centre
P0 Box 5192
Lahore, Pakistan
sgah@sgahorgpk
www.sgah.org.pk
Rights & Democracy
international centre tnt HiJman eightn
S and Oemocratic Oenelnprnert
Rights & Democracy (International Centre for Human
Rights and Democratic Development) is an indepen-
dent Canadian institution created by an Act of
Parliament in 1988. It has an international mandate
to promote, advocate and defend the democratic
and human rights set out in the International Bill of
Human Rights. In cooperation with civil society and
governments in Canada and abroad, Rights &
Democracy initiates and supports programmes to
strengthen laws and democratic institutions, princi-
pally in developing countries.
4Cl4 SJ&t3e 4 ;ci
Women living under muslim laws
4ohudl lØ Jb .$
Femmes sous lois musulmanes
Formed in 1984, Women Living Under Muslim Laws
is an international solidarity network that provides
information, support and a collective space for
women whose lives are shaped, conditioned or
governed by laws and customs said to derive from
Islam. Present in more than 70 countries ranging
from South Africa to Indonesia and Brazil to France,
it links women living in countries where Islam is
the state religion, in secular states with Muslim
majorities, and in Muslim communities governed by
minority religious laws; as well as women in secu-
lar states where political groups are demanding
religious laws; women in migrant Muslim commu-
nities; and non-Muslim women who may have
Muslim laws applied to them.
