Human Rights Council: Report of UN Special Rapporteur On Violence Against Women 2010

03 June 2010

This is the first thematic report submitted to the Human Rights Council by Rashida Manjoo, Special Rapporteur on violence against women, its causes and consequences, since her appointment in June 2009. In addition to providing an overview of the main activities carried out by the Special Rapporteur, the report focuses on the topic of reparations to women who have been subjected to violence in contexts of both peace and post-conflict. This may be of interest to members working with survivors of armed violence.

The obligation to provide adequate reparations involves ensuring the rights of women to access both criminal and civil remedies and the establishment of effective protection, support and rehabilitation services for survivors of violence. The notion of reparation may also include elements of restorative justice and the need to address the pre-existing inequalities, injustices, prejudices and biases or other societal perceptions and practices that enabled violations to occur, including discrimination against women and girls.

However, as pointed out by the previous Special Rapporteur, when it comes to the implementation of the due diligence obligation to reparation, “very little information is available regarding State obligations to provide adequate reparations for acts of violence against women … this aspect of due diligence remains grossly underdeveloped”.

Most human rights and humanitarian law treaties provide for a right to a remedy. In the context of gross and systematic violations of human rights, the Basic Principles and Guidelines on the Right to Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and serious violations of International Humanitarian Law, adopted by the General Assembly in 2005, start with the premise that "the State is responsible for ensuring that victims of human rights violations enjoy an individual right to reparation".

Source:
Human Rights Council

Original Document:
A.HRC_.14.22_AEV.pdf (188868 bytes)