Special Rapporteur on violence against women, its causes and
consequences
Individual Complaints
The Special Rapporteur is mandated to seek and receive
information on violence against women, its causes and consequences
from Governments, treaty bodies, specialized agencies, other special
rapporteurs responsible for various human rights questions and
intergovernmental and non-governmental organizations, including
women's organizations, and to respond effectively to such
information.
The Special Rapporteur transmits urgent appeals and
allegation letters (communications) to States regarding alleged
cases of violence against women which she receives. Allegations
may concern one or more individuals or may convey
information relating to a general prevailing situation condoning
and/or perpetrating violence against women. It should be
emphasized that, in accordance with her mandate, the Special
Rapporteur is in a position only to process cases of alleged
violence or threats of violence directed against women because of
their sex. The definition of gender-based violence used by the
Special Rapporteur is taken from the United Nations Declaration on
the Elimination of Violence against Women, adopted by the General
Assembly in its resolution 48/104 on December 1993.
The dialogue established with governments by the Special
Rapporteur and the transmission of allegations concerning their
countries in no way implies any kind of accusation or value judgment
on the part of the Special Rapporteur, but rather a request for
clarification with a view to trying to ensure, along with the
government concerned, the effective prevention,
investigation, and punishment of acts of violence against women and
compensation for victims of such violations.
Urgent Appeals
Urgent transmissions may be sent by the Special
Rapporteur to concerned Governments when reliable and credible
information is received concerning cases which
involve an imminent threat, or fear of threat, to the right to
personal integrity or the life of a woman. When transmitting
urgent actions, the Special Rapporteur appeals to the Governments
concerned to ensure effective protection of those under threat or at
risk of violence.
Allegation
Letters
For
those communications that do not require urgent action but relate to
violations that already occurred and/or to general patterns of
violations - including the legal framework and its application as
regards violence against women – the Special Rapporteur may send
allegation letters requiring Governments to clarify the substance of
the allegations received.
How to submit cases to the Special
Rapporteur
It is important to provide as much information as
possible. The individual
complaint form can be used to document
cases of violence against women.
It would
be helpful to receive a summary of the main points of the case. The
summary could identify the rights that have been or may be violated.
If your government has ratified human rights treaties, you could
refer to the specific provisions of the treaties you believe have
been violated.
If your
submission is in regard to a law, practice or policy which effects
women in general or women in a specific group, explain how other
women are affected or describe the group. A consistent pattern in
individual cases can be used to demonstrate a general failure to
prevent and respond to private abuses.
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
compensation for the violations. For example information on:
•
whether or not there is a law
which addresses the violation
•
any defects in existing laws
such as inadequate remedies or definitions of rights
•
the refusal or failure by
authorities to register or investigate your case and other similar
cases
•
the failure by the
authorities to prosecute your case and other similar
cases
•
patterns of gender
discrimination in the prosecution or sentencing of cases
•
statistics and other data
concerning the prevalence of the type of violation described in the
submission.
Please
bring to the attention of the Special Rapporteur any information
which becomes available after you have submitted information about a
case. For example, if your human rights concern has been adequately
addressed or a final outcome has been determined in an investigation
or trial, or an action which was planned or threatened has been
carried out.
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Contact
Reports
on Communications
A summary of communications and the replies received from the
concerned State are included in the Special Rapporteur's annual
Communications report to the Commission on Human Rights. Please note
that, as a general rule, both urgent appeals and letters of
allegation remain confidential until published.
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