Declaration on the Elimination of Violence Against Women
Encyclopedia
The Declaration on the Elimination of Violence Against Women was adopted without vote by the United Nations General Assembly
in its resolution 48/104 of 20 December 1993. Contained within it is the recognition of "the urgent need for the universal application to women of the rights and principles with regard to equality, security, liberty, integrity and dignity of all human beings". The resolution is often seen as complementary to, and a strengthening of, the work of the Convention on the Elimination of All Forms of Discrimination against Women
and Vienna Declaration and Programme of Action
. It recalls and embodies the same rights and principles as those enshrined in such instruments as the Universal Declaration of Human Rights
and Articles 1 and 2 provide the most widely used definition of violence against women
. As a consequence of the resolution, in 1999, the General Assembly, led by the representative from the Dominican Republic, designated 25 November as the International Day for the Elimination of Violence against Women
.
, but did not specifically target the high rates of female targeted violence until 1993. One of the aims of the resolution was to overturn the prevailing governmental stance that violence against women was a private, domestic matter not requiring state intervention. To mark International Women's Day
on 8 March 1993, General Secretary, Boutros Boutros-Ghali
, issued a statement in preparation of the declaration explicitly outlining the UN's role in the 'promotion' and 'protection' of women's rights:
as its first United Nations Special Rapporteur on violence against women, including its causes and consequences. The Special Rapporteur has a mandate to collect and analyse data from governments, treaty bodies, specialized agencies, NGOs, and other interested parties, and to respond effectively to such information. Furthermore, they also have a role in making recommendations on an international, national and regional level, as well as liaising with other Special Rapporteurs, special representatives, working groups and independent experts of the Commission on Human Rights.
On 18 June 2009 the Human Rights Council appointed Rashida Manjoo as the third incumbent of the role after the tenure of her predecessor, Dr. Yakin Erturk, came to an end.
marks the start of '16 Days of Activism Against Gender Violence'. Human Rights organisations such as Center for Women's Global Leadership
, Unifem
, Women Won't Wait, Women for a Change, Women's Aid
, and other groups join together to speak out against gender violence and to promote the rights and principles of the declaration.
On 10 April 2009, Amnesty International
held a demonstration in Narayanghat, Nepal
, to highlight the plight of women's rights activists after the Nepalese state failed to protect two activists from violent attacks and, finally, their murder. Despite ratifying the declaration, Nepal had failed to abide by Article 4-c which asserts the clear obligation of states to:
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
in its resolution 48/104 of 20 December 1993. Contained within it is the recognition of "the urgent need for the universal application to women of the rights and principles with regard to equality, security, liberty, integrity and dignity of all human beings". The resolution is often seen as complementary to, and a strengthening of, the work of the Convention on the Elimination of All Forms of Discrimination against Women
Convention on the Elimination of All Forms of Discrimination Against Women
The Convention on the Elimination of all Forms of Discrimination against Women is an international convention adopted in 1979 by the United Nations General Assembly....
and Vienna Declaration and Programme of Action
Vienna Declaration and Programme of Action
The Vienna Declaration and Programme of Action, also known as VDPA, is a human rights declaration adopted by consensus at the World Conference on Human Rights on 25 June 1993 in Vienna, Austria...
. It recalls and embodies the same rights and principles as those enshrined in such instruments as the Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
and Articles 1 and 2 provide the most widely used definition of violence against women
Violence against women
Violence against women is a technical term used to collectively refer to violent acts that are primarily or exclusively committed against women...
. As a consequence of the resolution, in 1999, the General Assembly, led by the representative from the Dominican Republic, designated 25 November as the International Day for the Elimination of Violence against Women
International Day for the Elimination of Violence against Women
Women's activists have marked November 25 as a day to fight violence against women since 1981. On December 17, 1999, the United Nations General Assembly designated 25 November as the International Day for the Elimination of Violence Against Women...
.
Background
The international recognition that women have a right to a life free from violence is a recent one. Historically, their struggles with violence, and with the impunity that often protects the perpetrators, is linked with their fight to overcome discrimination. Since its founding the United Nations has concerned itself with the advancement of women's rightsWomen's rights
Women's rights are entitlements and freedoms claimed for women and girls of all ages in many societies.In some places these rights are institutionalized or supported by law, local custom, and behaviour, whereas in others they may be ignored or suppressed...
, but did not specifically target the high rates of female targeted violence until 1993. One of the aims of the resolution was to overturn the prevailing governmental stance that violence against women was a private, domestic matter not requiring state intervention. To mark International Women's Day
International Women's Day
International Women's Day , originally called International Working Women’s Day, is marked on March 8 every year. In different regions the focus of the celebrations ranges from general celebration of respect, appreciation and love towards women to a celebration for women's economic, political and...
on 8 March 1993, General Secretary, Boutros Boutros-Ghali
Boutros Boutros-Ghali
Boutros Boutros-Ghali is an Egyptian politician and diplomat who was the sixth Secretary-General of the United Nations from January 1992 to December 1996...
, issued a statement in preparation of the declaration explicitly outlining the UN's role in the 'promotion' and 'protection' of women's rights:
"The struggle for women's rights, and the task of creating a new United Nations, able to promote peace and the values which nurture and sustain it, are one and the same. Today - more than ever - the cause of women is the cause of all humanity."
Definition of Violence Against Women
Articles 1 and 2 of the resolution provide the most widely used definition of violence against women.
Article One:
For the purposes of this Declaration, the term "violence against womenViolence against womenViolence against women is a technical term used to collectively refer to violent acts that are primarily or exclusively committed 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, whether occurring in public or in private life.
Article Two:
Violence against women shall be understood to encompass, but not be limited to, the following:
Physical, sexual and psychological violence occurring in the family, including battering, sexual abuse of female children in the household, dowryDowryA dowry is the money, goods, or estate that a woman brings forth to the marriage. It contrasts with bride price, which is paid to the bride's parents, and dower, which is property settled on the bride herself by the groom at the time of marriage. The same culture may simultaneously practice both...
-related violence, marital rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploitation; Physical, sexual and psychological violence occurring within the general community, including rapeRapeRape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
, sexual abuseSexual abuseSexual abuse, also referred to as molestation, is the forcing of undesired sexual behavior by one person upon another. When that force is immediate, of short duration, or infrequent, it is called sexual assault. The offender is referred to as a sexual abuser or molester...
, sexual harassmentSexual harassmentSexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...
and intimidation at work, in educational institutions and elsewhere, traffickingHuman traffickingHuman trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...
in women and forced prostitutionProstitutionProstitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...
; Physical, sexual and psychological violence perpetrated or condoned by the State, wherever it occurs.
Special Rapporteur on Violence Against Women
As a consequence of the declaration on 4 March 1994, the Commission on Human Rights adopted Resolution 1994/45 in which it decided to appoint Radhika CoomaraswamyRadhika Coomaraswamy
Radhika Coomaraswamy is the Under-Secretary-General of the United Nations, Special Representative for Children and Armed Conflict. Secretary-General Kofi Annan appointed her to the position in April 2006...
as its first United Nations Special Rapporteur on violence against women, including its causes and consequences. The Special Rapporteur has a mandate to collect and analyse data from governments, treaty bodies, specialized agencies, NGOs, and other interested parties, and to respond effectively to such information. Furthermore, they also have a role in making recommendations on an international, national and regional level, as well as liaising with other Special Rapporteurs, special representatives, working groups and independent experts of the Commission on Human Rights.
On 18 June 2009 the Human Rights Council appointed Rashida Manjoo as the third incumbent of the role after the tenure of her predecessor, Dr. Yakin Erturk, came to an end.
Problems
Many advocates of Women's Rights as Human Rights have expressed concerns that much of the ground gained by the declaration has been threatened by the rise of more conservative forces within the international community. In March 2003, during a meeting of the UN Commission on the Status of Women the delegate from Iran objected to the inclusion of a paragraph that called on governments to "condemn violence against women and refrain from invoking any custom, tradition, or religious consideration to avoid their obligations with respect to its elimination as set out in the Declaration of the Elimination of Violence against Women." Representatives from Egypt, Pakistan, Sudan and US also raised objections; making it the first ever diplomatic failure at the UN Commission on the Status of Women.Campaigns
Each year, the International Day for the Elimination of Violence against WomenInternational Day for the Elimination of Violence against Women
Women's activists have marked November 25 as a day to fight violence against women since 1981. On December 17, 1999, the United Nations General Assembly designated 25 November as the International Day for the Elimination of Violence Against Women...
marks the start of '16 Days of Activism Against Gender Violence'. Human Rights organisations such as Center for Women's Global Leadership
Center for Women's Global Leadership
The Center for Women’s Global Leadership, based at Rutgers University, was founded in 1989 by Charlotte Bunch, the former Executive Director and an internationally renowned activist for women's human rights...
, Unifem
UNIFEM
The United Nations Development Fund for Women, commonly known as UNIFEM was established in December 1976 originally as the Voluntary Fund for the United Nations Decade for Women in the International Women's Year. Its first director was Dr. Margaret Snyder, Ph.D...
, Women Won't Wait, Women for a Change, Women's Aid
Women's Aid
Women's Aid is a group of feminist charities across the United Kingdom. There are four main Women's Aid Federations, one for each country. Its aim is to end domestic violence against women and children...
, and other groups join together to speak out against gender violence and to promote the rights and principles of the declaration.
On 10 April 2009, Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
held a demonstration in Narayanghat, Nepal
Nepal
Nepal , officially the Federal Democratic Republic of Nepal, is a landlocked sovereign state located in South Asia. It is located in the Himalayas and bordered to the north by the People's Republic of China, and to the south, east, and west by the Republic of India...
, to highlight the plight of women's rights activists after the Nepalese state failed to protect two activists from violent attacks and, finally, their murder. Despite ratifying the declaration, Nepal had failed to abide by Article 4-c which asserts the clear obligation of 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."