BUILDING ON ACHIEVEMENTS:
WOMEN'S HUMAN RIGHTS FIVE YEARS AFTER
BEIJING
May 2000
Contents
Introduction
I.
Protecting the human rights of women
A.
Reaffirming basic principles and standards
1. Women's
rights are human rights
2.
Universality and indivisibility of all human rights
3.
Equality and non-discrimination
B. The
human rights of women: some key issues
1.
Reproductive health rights
2. Gender
equality and property, land rights and inheritance
3. Gender
equality and the family
4.
Trafficking in women and children
II. Implementing
the human rights of women since Beijing
Steps forward
Introduction
1. The Fourth World Conference on
Women in l995 resulted in the Beijing Platform for Action, and was a landmark in the recognition of the human
rights of women. Through their commitments, Governments recognised that the human
rights of women and of the girl child are an inalienable, integral and indivisible part of universal
human rights, must be promoted, protected
and recognized at all stages of the life cycle, and must reflect the diversity
of women in all its manifestations. The
review of the Beijing Conference currently being undertaken provides an opportunity to evaluate what progress has been
made since 1995 towards realising these
commitments.
2. The Beijing Conference reflected
the Vienna Declaration and Programme of Action and explicitly reaffirmed that "the human rights of women and
of the girl child are an inalienable, integral and indivisible part of universal human
rights". It also underlined that equality is not just an issue for women, but also for men. The Beijing
Declaration and Platform for Action has become a key document in the struggle for respect for the
human rights of women and the girl child,
and for the human rights of all.
3. Since the Beijing Conference,
United Nations treaty bodies and special mechanisms have implemented the standards which were affirmed in Vienna,
and elaborated in Beijing, by providing
authoritative interpretations of their content, and giving them practical
application. This paper summarises these
developments, which constitute key building blocks for the implementation of the commitments made in Beijing,
and are of central relevance to the five year review.
4. OHCHR recommends that those
involved in the five year review of Beijing maintain the integrity of those standards, and now focus on their
implementation and the effective protection of those rights.
I. PROTECTING THE
HUMAN RIGHTS OF WOMEN
A. Reaffirming basic principles and
standards
1. Women's rights are human
rights
5. The Universal Declaration of Human
Rights states: "All human beings are born free and equal in dignity and rights. They are endowed with reason
and conscience and should act towards one
another in a spirit of brotherhood". In 1993, the Vienna World Conference on
Human Rights devoted particular attention
to the question of gender inequality in the full enjoyment of human
rights. That Conference clearly acknowledged that
women's rights are human rights and that the human rights of women are an inalienable part of universal
human rights and form an integral part of
the human rights activities of the United Nations, including the promotion of
all human rights instruments relating,
directly or indirectly, to women.
6. The Beijing Declaration and
Platform for Action reaffirmed that the human rights of women and the girl child are an inalienable, integral and
indivisible part of universal human rights
and established a number of specific strategic objectives to ensure that women
enjoy their full human rights. The Vienna
Declaration also set as a priority for Governments and the United
Nations the achievement of the full and equal
enjoyment by women of all human rights, the full participation of women as both agents and beneficiaries of
development, and the integration of human
rights into the mainstream of United Nations system-wide action. It is clear
that the practical realization of those
objectives present a very great challenge today and in the years
ahead.
2. Universality and
indivisibility of all human rights
7. The Vienna Declaration and
Programme of Action proclaimed that "all human rights are universal, indivisible, interdependent and interrelated",
which means that human rights must be the
same everywhere and for everyone. Moreover, although national and regional
particularities and historical cultural
and religious backgrounds need to be considered, it is the duty and
responsibility of States to promote and protect
all human rights and fundamental freedoms for all, regardless of their political, economic and
cultural systems.
8. Human rights are also indivisible
and interdependent, which means that civil, political, economic, social and cultural rights should be treated
equally. Moreover, the interdependence of
rights requires for the consideration, promotion and protection of all the
rights at the same time and without giving
priority to one over the other.
3. Equality and
non-discrimination
9. The international community has a
duty to ensure the realization of equality among all human beings, men and women, as required by all
international human rights instruments. The principle of equality is inherent in the notion of human
rights and should be a basis for their realization. The Convention on the Elimination of all Forms
of Discrimination against Women requires
in its article 1 not only that women should be accorded rights equal to those of
men, and that is there should be no de
jure discrimination, but also that women should be able to enjoy all
their rights, which requires that
other-than-legal obstacles be identified and eliminated. However, eliminating de facto discrimination is a much more
complex and difficult task than enacting laws which recognize equal rights for all.
10. Women are thus entitled to the enjoyment
of all human rights, including those relating to economic development and resources, as part of their
equal entitlement to all human rights. Lack of equal access to resources and opportunities
represents a denial of rights, which creates obstacles to equality between men and women, and results in
the perpetuation of women's economic
inequality and poverty. Women's equal treatment in economic and social
life are therefore cornerstones for the
full realization of these rights.
11. The legal principles of equality and
non-discrimination are at the core of human rights treaties and declarations, and provide the foundation for
the enjoyment of human rights. The Convention on the Elimination of All Forms of
Discrimination against Women elaborates this principle as it applies in all aspects of women's
lives.
12. It is clear that the term "equity",
which is conditioned by subjective criteria, cannot become a substitute for the fundamental legal principle of
equality. Thus any language in the draft document for the five-year review of the Fourth World
Conference on Women that would suggest
replacement of the principle of equality by "equity" would undermine this
principle, and should be avoided.
13. It is also clear from the text of
international human rights instruments that references to "dignity of women" do not encompass and cannot be
substituted for the principle of "the dignity and worth of the human person and the equal rights of men
and women" enshrined in the Preamble of
the Universal Declaration of Human Rights.
14. Human rights treaty bodies have provided
authoritative interpretations of the principle of equality enshrined in the treaties.
15. In March 2000, the Human Rights
Committee gave its interpretation of article 3 of the International Covenant on Civil and Political Rights
in a comprehensive new General Comment regarding the equal rights of men and women..
16. The Human Rights Committee confirmed
that gender equality is an overarching principle that applies to the enjoyment of all rights: civil,
cultural, economic, political and social and that the right to gender equality is not merely a right to
non-discrimination. Affirmative action is required. States parties are under an obligation to
take all necessary steps to enable every person to enjoy the rights provided for in the Covenant "on an
equal basis and in their totality". Such steps include "the removal of obstacles to the equal
enjoyment of such rights, the education of the population and of state officials in human rights and
the adjustment of domestic legislation so
as to give effect to the undertaking set forth in the Covenant. The State
party must not only adopt measures of
protection, but also positive measures in all areas so as to achieve the
effective and equal empowerment of
women. States parties must provide information regarding the actual
role of women in society so that the Committee
may ascertain what measures, in addition to legislative provisions, have been or should be taken to
give effect to these obligations."
17. The far-reaching implications of the
General Comment are evident in the requirement that States parties must prohibit discrimination on the ground
of sex and "put an end to discriminatory
actions both in the public and the private sector" (emphasis added). In
its concluding observations following the
examination of State party reports, the Human Rights Committee has placed increasing emphasis on the need to
adopt appropriate measures to combat discrimination by non-State actors. In her most
recent report to the Commission on Human Rights (E/CN.4/2000/3, paras.
54-57, 116),
18. In the General Comment, the Committee
stated that it was keenly aware that "inequality in the enjoyment of rights by women throughout the world is
deeply embedded in tradition, history and
culture, including religious attitudes". Indeed, the subordinate role of
women in some countries is illustrated by
the tragic incidence of pre-natal sex selection and the abortion of
female fetuses. Bearing in mind that women are
particularly vulnerable in times of internal or international armed conflicts, States parties must take
special measures to protect women from rape, abduction and other forms of gender based
violence.
19. The General Comment further discusses
the application of the principle of equality to the problem of trafficking of women and children as well as
forced prostitution; to freedom of movement; to access to justice; to the conduct of public
affairs; to equality between boys and girls; regarding so-called "honor crimes"; to the
dissemination of obscene and pornographic material portraying women as objects of violence; and to
issues that affect reproductive health and
equality within the family.
20. The Committee on the Rights of the Child
is increasingly asked to define and interpret article 2 of the Convention on the Rights of the Child,
which requires States parties to "respect and ensure the rights set forth in the … Convention to each
child within their jurisdiction without discrimination of any kind, irrespective of the child's or
his or her parent's or legal guardian's race, colour, sex, …". The Committee has examined the
reports presented by States parties on their implementation of the Convention, and has dealt with
the problems posed by and for States in
which social structures and attitudes have a discriminatory impact, sometimes
for girls and sometimes for boys, in the
enjoyment of their human rights.
21. Earlier this year, the Committee on the
Elimination of All Forms of Racial Discriminationadopted General Comment 25 on
gender-related dimensions of racial discrimination. The Committee notes that racial discrimination does not always
affect women and men equally or in the
same way. There are circumstances in which racial discrimination only or
primarily affects women, or affects women
in a different way, or to a different degree than men. Such racial
discrimination will often escape detection if
there is no explicit recognition or acknowledgment of the different life experiences of women and men, in
areas of both public and private life.
22. Further, certain forms of racial
discrimination may be directed towards women specifically because of their gender, and the consequences
of racial discrimination may primarily or
only affect women. Women may also be hindered by a lack of access to remedies
and complaint mechanisms able to address
racial discrimination because of gender related impediments, such as gender-bias in the legal system and
discrimination against women in private
spheres of life. Recognizing that some forms of racial discrimination have
a unique and specific impact on women, the
Committee has determined that its future work will take into account gender factors or issues which may be interlinked
with racial discrimination.
B. The human rights
of women: some key issues
1. Reproductive health
rights
23. The Programme of Action of the Cairo
International Conference on Population and Development (ICPD) set out the context and content of
reproductive rights. "Reproductive rights embrace certain human rights that are already recognized in
national laws, international human rights
documents and other relevant United Nations consensus documents. These rights
rest on the recognition of the basic right
of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children and to
have the information and means to do so, and the right to attain the highest standard of sexual and
reproductive health. They also includes the right of all to make decisions concerning reproduction
free of discrimination, coercion and violence as expressed in human rights documents."
24. The Beijing Conference incorporated much
of the ICPD language on reproductive rights directly into the Platform for Action. The Platform states:
"Good health is essential to leading a
productive and fulfilling life, and the right of all women to control all
aspects of their health, in particular
their own fertility, is basic to their empowerment." Further: "The human rights
of women include their right to have
control over and decide freely and responsibly on matters related to their sexuality, including sexual and
reproductive health, free of coercion, discrimination and violence."
25. In l999, the Committee on the
Elimination of All Forms of Discrimination against Womeninterpreted Article 12
of the Convention, which requires states to eliminate discrimination
against women in access to health services
throughout the life cycle, particularly in the areas of family planning, pregnancy and confinement and during the
post-natal period. The Committee affirmed that access to health care, including reproductive health,
is a basic right under the Convention, stating, inter alia:
"States parties should
implement a comprehensive national strategy to promote women's health throughout their
lifespan. This will include interventions aimed at both the prevention and
treatment of diseases and conditions affecting women, as well as responding to violence
against women, and will ensure universal access for all women to a full range of
high-quality and affordable health care, including sexual and reproductive health
services.
"States parties should
allocate adequate budgetary, human and administrative resources to ensure that women's
health receives a share of the overall health budget comparable with that for
men's health, taking into account their different health needs."
26. The Human Rights Committee's General
Comment 28 on equality is of particular relevance to women's reproductive health rights. It notes
that "where there is a requirement for the
husband's authorization to make a decision in regard to sterilization...or where
States impose a legal duty upon doctors
and other health personnel to report cases of women who have undergone abortion... Women's privacy may also be
interfered with by private actors, such as employers who request a pregnancy test before hiring a
woman".
27. The Committee recommended that States
parties, when reporting on the right to life, should provide data on birth rates and on pregnancy and
childbirth-related deaths of women. Gender-disaggregrated data should be provided on infant
mortality rates. Moreover, "States parties should give information on any measures taken by
the State to help women prevent unwanted
pregnancies, and to ensure that they do not have to undertake
life-threatening clandestine
abortions".
28. To assess compliance with article 7
(prohibition of torture and ill-treatment) of the Covenant, as well as with article 24 (special protection of
children), the Committee stated that it
must receive information on national laws and practice with regard to domestic
and other types of violence against women,
including rape, on access to safe abortion to women who have become pregnant as a result of rape, and on measures to
prevent forced abortion or forced sterilization. "In States where the practice of
genital mutilation exists, information on its extent and on measures to eliminate it should be provided".
29. The Special Rapporteur on Violence
against Women has addressed policies and practices that impact women's reproductive rights and contribute to,
cause or constitute violence against women. In her l999 report to the Commission on Human
Rights, the Special Rapporteur stated that
many forms of violence against women result in violations of women's
reproductive rights because such violence
often imperils their reproductive capacities and/or prevents them from
exercising reproductive and sexual choices.
Similarly, many reproductive rights violations constitute violence against women per se; this is defined
as "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".
30. The Special Rapporteur stated that
inadequate levels of knowledge about human sexuality and inappropriate or inadequate reproductive health
information and services, culturally- imbedded discrimination against women and girls, and limits
on women's control over their own sexual
and reproductive lives, all contribute to violations of women's reproductive
health. The Special Rapporteur
recommended that States ensure that respect for the individual rights of
women is the foremost concern in the formulation
and implementation of reproductive health and family planning programmes.
31. The Committee on the Rights
of the Child has raised in a systematic manner issues of reproductive and sexual rights of girls. It has formulated
recommendations upon its examination of a
large number of reports from States parties on their implementation of the
Convention on the Rights of the Child
regarding matters such as: legal ages for marriage that are seen to be
too low, or lower for girls than for boys;
legal age of consent for sexual relations that can be too low, or lower for girls than for boys, and can be linked to
insufficient legal protection against sexual abuse and exploitation for girls deemed to be above the
legal age of sexual consent; high rates of
adolescent pregnancy and/or abortion; access to age-appropriate sex education
through effective channels: right of
children to obtain medical advice and treatment without requiring
parental consent, in accordance with their age
and maturity; and greater vulnerability of girls to HIV/AIDS and to sexually transmitted diseases.
2. Gender
equality and property, land rights, inheritance
32. At its recent session in
April 2000, the Commission on Human Rights adopted a resolution on women's equal ownership of, access to and
control over land and their equal rights to own property and to adequate housing. In that
resolution the Commission inter alia affirmed that discrimination in law against women with respect to
acquiring and securing land, property and
housing, as well as financing for land, property and housing, constitutes a
violation of women's human right to
protection against discrimination. It urged Governments to comply fully
with their international and regional obligations
and commitments concerning land tenure and the equal rights of women to own property and to an
adequate standard of living, including adequate housing; to design and revise laws to ensure
that women are accorded full and equal rights to own land and other property, and the right to
adequate housing, including through the right to inheritance; and to undertake administrative
reforms and other necessary measure to give women the same right as men to credit, capital, appropriate
technologies, access to markets and information.
33. The Commission on Human
Rights has also encouraged Governments to support the transformation of customs and traditions that discriminate
against women. Such customs deny women
security of tenure and equal ownership of, access to and control over land and
equal rights to own property and to
adequate housing, and to ensure the right of women to equal treatment in land and agrarian reform as well as in land
resettlement schemes and in ownership of
property and in adequate housing. Governments were urged to take other measures
to increase land and housing availability
to women living in poverty, particularly female heads of households. The Commission also recommended that
Governments encourage financial lending institutions to ensure that their policies and practices do
not discriminate against women; and, recommended that international institutions, regional,
national and local housing financing institutions and other credit facilities promote the
participation of women, take into account their views, and remove discriminatory policies and practices,
giving special consideration to single women and households headed by women.
34. In 1997, the Committee on
Economic, Social and Cultural Rights adopted a General Comment (No. 7) on the right to adequate housing and forced
evictions, noted inter alia that women are
especially vulnerable, given the extent of statutory and other forms of
discrimination which often apply in
relation to property rights (including home ownership) or rights of
access to property or accommodation, and
their particular vulnerability to acts of violence and sexual abuse when they are rendered homeless. The Committee
stated that the non-discrimination provisions of the Covenant impose an additional obligation
upon Governments to ensure that, where
evictions do occur, appropriate measures are taken to ensure that no form of
discrimination is involved.
35. The Special Rapporteur on
Violence against Women reported to the 2000 session of the Commission on Human Rights on economic and social policy
and its impact on violence against women.
She noted that unequal ownership rights leave women dependent on men. In
many countries there is no legal provision
enabling women to own property. Under some traditional laws, women do not inherit land as it is assumed that a
women will marry and then be provided for
by her husband outside her community. Again, when her husband dies she will not
inherit as the land falls back to the
husband's family. Widows are often left without means to support
themselves financially, or obtain necessary
medical care. and may be made to leave their marital home. Where women receive property or funds, they may incur
the anger of other family members, and
suffer from (threats of) violence or even death. When women do not hold any
land, they frequently are unable to obtain
credit, even when women are legally able to do so, as land is required as collateral. Not being a full member of
society in legal terms prevents female heads of household from being able to support their family.
"Formal" housing might not be available or
affordable and the family may be exposed to the vagaries of the informal housing
sector. But married women are also
affected by this situation, as they are dependent on their husbands in
legal and economic terms. Where the husband does
not allocate the resources equally, women are at a severe disadvantage and powerless. In cases of
domestic violence, the inability to live life independently without a husband or father may prevent women
from seeking safety.
3. Gender
equality and the family
36. The Human Rights
Committee affirms the principle of equality within the family, in its
General Comment 28. The Committee notes that the
right to marriage entails equality for men and women to enter marriage only with free and full
consent. "Many factors may prevent women from being able to make the decision to marry freely.
One factor relates to the minimum age for marriage. That age should be set by the State on the
basis of equal criteria for men and women. These criteria should ensure women's capacity to make an
informed and uncoerced decision."
37. The Committee pointed
to a second factor. In some States, either by statutory or customary law, consent to marriage is given by a
guardian, who is generally male, instead of by the woman herself. The existence of social attitudes, which
tend to marginalize women victims of rape
and which put pressure on them to agree to marriage, are incompatible with a
woman's right under article 23 of the
Covenant. "A woman's free and full consent to marriage may also be
undermined by laws which allow the rapist to have
his criminal responsibility extinguished or mitigated if he marries the victim". The Committee
notes further that polygamy violates the dignity of women and should be abolished wherever it
continues to exist.
38. For the Committee,
equality during marriage implies that husband and wife should participate equally in responsibility and authority within
the family. States must also ensure equality in regard to the dissolution of marriage, which
excludes the possibility of repudiation.
39. In l991, the Committee
on Economic, Social and Cultural Rights adopted a General Comment on the right to adequate housing which stated inter
alia that the right to adequate housing
applies to everyone. While the reference to "himself and his family" in
article 11 of the Covenant reflected
assumptions as to gender roles and economic activity patterns commonly
accepted in 1966 when the Covenant was adopted,
the Committee asserted that the phrase cannot be read today as implying any limitations upon the
applicability of the right to individuals or to female-headed households or other such groups. Thus,
the concept of "family" must be understood
in a wide sense. Further, individuals, as well as families, are entitled
to adequate housing regardless of age,
economic status, group or other affiliation or status and other such
factors. In particular, enjoyment of this
right must, in accordance with article 2 (2) of the Covenant, not be subject to any form of
discrimination.
40. An important
contribution to the definition of the family and gender equality has been
made by the Special Rapporteur on Violence
against Women. As set forth in her first report on domestic violence, the Special Rapporteur calls for a broad
understanding of family to include the
multiplicity of family forms and provide protection for those within the family,
irrespective of family form.
41. In her 1999 report to
the Human Rights Commission, the Special Rapporteur stated that the State, through legal and moral regulation, plays an
important role in family life, as well as an important role in determining the status, rights and
remedies of individual family actors. Women's traditional familial roles are enshrined in secular
and religious laws on, inter alia, sexuality, violence (including marital rape or the lack
thereof), privacy, divorce, adultery, property, succession, employment, and child custody. Such
laws validate and entrench the dominant
ideology of the traditional family and the woman's position within it.
"Familial ideology is often Janus faced.
On the one hand, it offers private space for nurturing and intimacy.
On the other hand, it is often the site of
violence against women and social constructions of women's role in society that are dis-empowering."
42. Throughout the world,
there exist divisions between the dominant, normative ideal of the
family and the empirical realities of family
forms. Whether the ideal is the nuclear family or a variation of the joint or extended family, such ideals in
many cases are not wholly consistent with the realities of modern family forms. These family forms
include, in increasingly large numbers, female-headed households in which women live alone or with
their children because of choice (including sexual and employment choices), widowhood,
abandonment, displacement or militarization. Despite such differences, however, the
culturally-specific, ideologically dominant family form in any given society shapes both the norm and
that which is defined as existing outside
of the norm and, hence, classified as deviant. Thus, the dominant family
structure - whether it is dominant in fact
or merely in theory - serves as a basis against which relationships
are judged. Further, it serves as the standard
against which individual women are judged and, in many cases, demonized for failing to ascribe to moral and
legal dictates with respect to family and
sexuality. The extent to which such concepts apply to and have an impact upon
women's lives is mediated by class, caste,
race, ethnicity, access to resources and other ways in which women
are marginalized.
43. The dominance of
familial ideology both within and outside the walls of the family home
entrenches women's roles as wives and mothers and
impedes their access to non-traditional roles. Such ideology exposes women to violence both within and
outside the home by perpetuating women's
dependent status, particularly among poor and working class women, and by
exposing those women who do not fit within
or ascribe to traditional sex roles to gender-based hate crimes.
Such demonization fuels and legitimates violence
against women in the form of sexual harassment, rape, domestic violence, female genital
mutilation, forced marriages, honour killings and other forms of femicide. Commentators argue that
in order to ensure that women's human rights are protected in both public and private life, the
acceptance of non-traditional family forms is necessary. It is essential to recognize the potential
for, and work to prevent, violence against women and the oppression of women within all family
forms.
44. The Special Rapporteur
noted that one of the primary ways in which dominant familial ideology affects women, as well as men, is through dictates
on sexuality. She further points out that asylum law in some countries has also recognized the
need to bring sexual orientation within the gambit of international human rights protection.
45. The Special Rapporteur
points out that the Programme of Action adopted by the International Conference on Population and Development
affirms the plurality of family forms and
recognizes that there is no universal family model. Juxtaposed with the
articulation of the family as the basic
unit of society is the recognition that the family is socially constructed
and thus is affected and transformed by
demographic and socio-economic changes. International standards may influence those changes positively by
requiring that consent and equality remain the basic principles around which such relationships are
reconstructed.
46. Further, while
traditionally human rights texts have given protection to families on the
basis of the full and free consent of partners,
international norms have now also begun to address the question of sexual autonomy and the right to privacy of
individual human beings. The Beijing Platform for Action states, for example, that "the human
rights of women include their right to have control over and decide freely and responsibly on
matters relating to their sexuality, including their sexual and reproductive health, free of
discrimination, coercion and violence".
47. The Special Rapporteur
has received information about numerous forms of violence against women in the family, including but not limited to
traditional forms such as wife battery and
domestic assault. The Special Rapporteur included in her 1996 report a
framework for model legislation on
domestic violence. She urged States to adopt the broadest possible definitions
of acts of domestic violence and
relationships within which domestic violence occurs, bearing in mind that such violations are not as culture-specific as
initially observed, since increasing migration flows are blurring distinctive cultural
practices, formally or informally. Furthermore, the broadest definitions should be adopted with a view to
compatibility with international standards. States are urged to enact comprehensive domestic
violence legislation which integrates criminal and civil remedies rather than making marginal
amendments to existing penal and civil laws.
4. Trafficking in women and
children
48. Trafficking is now
recognised as a serious human rights issue - a special and global
infringement of the human rights of women.
Trafficking was a major issue of discussion in the context of violence against women in Beijing and the
Beijing Platform of Action reflects a broad understanding of trafficking. Although no definition has
been agreed upon at the international level, the link between trafficking, forced prostitution
and the violation of women=s rights has been clearly established. An essential aspect is the
recognition that because of the core elements of coercion and exploitation, trafficking constitutes
violence against women, and consequently a
violation of the human rights of the women.
49. Both the UN General
Assembly and the Commission on Human Rights have recently emphasized the human rights dimensions of the problem of
trafficking in women and children. Among
the human rights treaty bodies, the Committee on the Elimination of
Discrimination against Women (CEDAW), the
Committee on the Rights of the Child (CRC), the Human Rights Committee (HRC) and the Committee on Economic, Social and
Cultural Rights (CESCR) have reviewed the
issue in examining reports from State Parties.
50. The principal body
dealing with trafficking is the Working Group on Contemporary Forms of Slavery of the Sub-Commission on Protection and
Promotion of Human Rights (itself a
subsidiary body of the Commission on Human Rights). In 1999, trafficking in
persons and exploitation of prostitution
of others was a primary focus. A number of Special
Rapporteurs have also continued to address
the trafficking of women in the context of their respective mandates, and the Special Rapporteur on Violence against
Women gave particular attention to the
issue of trafficking in women and girls in her 1999 report.
51. A consistent and
concerted approach to trafficking requires a common understanding of
the problem and general agreement on preferred
approaches and solutions. OHCHR recognises that trafficking is not a single event but a series of
constitutive acts and circumstances implicating a wide range of actors. It is essential that
anti-trafficking measures take account of this fact and that efforts are made to address the entire cycle of
trafficking. This will involve improving the information base, ensuring an adequate legal framework and
an effective law enforcement, prevention,
protection and support for trafficked persons, cooperation and coordination
between national, regional and
international responses.
52. In developing detailed
responses to each stage of the trafficking cycle it is essential that
certain basic policy principles guide and inform
any anti-trafficking initiative. These principles must ensure a uniform adherence to a human rights-based
approach and can also provide a means of
measuring the success of anti-trafficking measures:
First: The protection of human rights
and the dignity of trafficked persons must be given the highest priority.
Second: Governments must accept
responsibility for the problem of trafficking and for the development and implementation of
appropriate responses. Trafficking is not a private wrong - this is an injustice that involves and
implicates us all.
Third: The definition of the term -
trafficking - in laws, policies and programmes should not be restricted to sexual exploitation. It
should be broad enough to cover other identified purposes without ambiguity, such as
bonded or forced labour and other slavery- like practices. It should use child and
gender sensitive language to signal that children and women are the ones most vulnerable to
trafficking.
Fourth: Traffickers and their
collaborators must be prosecuted and adequately penalized - paying full attention to due process
rights and without compromising the rights of victims.
Fifth: Trafficked persons should not
be criminalized for the involuntary illegality of their entry or residence in countries of transit and
destination, or for the involuntary activities they perform as a consequence of their being
trafficked.
Sixth: Victims of trafficking,
including those with "irregular" immigration status, should be granted protection and necessary physical
and mental care by the authorities of receiving countries.
Seventh: Victims of trafficking
should be provided legal and other assistance in the course of any criminal, civil and other
actions against traffickers. Governments should be encouraged to provide temporary or
permanent residence permits, safe shelter and adequate witness protection during legal
proceedings.
Eight: The safe and, as far as
possible, voluntary return of victims, instead of automatic repatriation, should be ensured, particularly
in cases of organized criminal involvement.
Ninth: Children should not be
treated the same way as adults in the identification, rescue and repatriation process. Children have
special rights and special needs that must be recognized and protected.
Finally: efforts must be made to address the root
causes of trafficking such as poverty, inequality, discrimination and racism.
II.
IMPLEMENTING THE HUMAN RIGHTS OF WOMEN SINCE BEIJING
53. Since the adoption of
the Beijing Platform for Action, the United Nations system has implemented the Platform's objectives through, a
system-wide medium-term plan for the advancement of women. The first plan (1996-2001) follows
the structure of the Beijing Platform for
Action and most of the participating organizations and entities of the United
Nations system approached the advancement
of women through main-streaming gender concerns into the full range of their activities. Some committed themselves to
support programmes specifically targeted at women while others adopted the advancement and
empowerment of women and the achievement
of women's equality as their primary focus. Basically, all entities of the
United Nations are, to varying degrees and
in their specific areas of concern, participating in activities to implement the Beijing Platform for Action.
54. The second system-wide
plan for the advancement of women for 2002–2005 is to be prepared in two phases. A first phase consists of an
assessment of activities undertaken by the United Nations system and of obstacles encountered and
lessons learned from the current plan and
the system-wide process of its implementation. The second phase should consist
of a new plan reflecting the growing
emphasis on action and delivery.
55. The system-wide plan
is a useful indicator of the extent to which the advancement of women and gender integration is being successfully
implemented by the United Nations system. It is however obvious that the understanding of women's
issues as the human rights of women to be
integrated throughout the system still need to be developed. The Commission on
the Status of Women is still at the
initial stage of the integration of the human rights dimension in its
agenda.
56. The integration
of a gender perspective in all human rights activities, and ensuring
that the human rights of women are
included as an important element of all activities of the system
has been a priority objective of the Office of
the High Commissioner for Human Rights since Beijing. OHCHR, in coordination with the Division for the
Advancement of Women, has developed a
multi-level approach to main-streaming gender in the Office and in human
rights mechanisms as a means of realizing
the human rights of women and girl children.
Steps forward 57. Respecting and protecting the
human rights of women are now central purposes of the United Nations. The results of the five year review of the
Beijing Declaration and Platform for Action will be crucial to the effectiveness of future
efforts to this end, and it is crucial that the high human rights standards which were agreed in Beijing
are safeguarded.
58. At the international
level, priority should be given to achieving universal ratification,
without reservation, of those treaties which
protect the human rights of women, including the Optional Protocol to Convention on the Elimination of
Discrimination against Women.
59. At the national level,
governments should take effective action to respect, protect and
fulfill those standards. Priority should be
given to national implementation of international human rights norms as interpreted by the human rights
treaty bodies and the mechanisms of the special procedures system. It is important to underline
that those norms now reflect a very high degree of consensus: there is almost universal
ratification of the Convention on the Rights of the Child, and widespread accession to the Convention on
the Elimination of Discrimination Against
Women.
60. In approaching the
future it is essential to be guided by the following words of the Beijing
Platform for Action; "Unless the human rights of
women, as defined by international human rights instruments, are fully recognized and effectively
protected, applied, implemented and enforced in national law as well as in national practice in
family, civil, penal, labour and commercial codes and administrative rules and regulations,
they will exist in name only."
Geneva, 10 May 2000
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