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_____________________________________________________________________
UN Special
Rapporteur on Violence Against Women
Research
Project - “Reparation to women who
have been subjected to violence”
Consultancy
Announcement
See Attached File on Terms of Reference for the consultancy and the application form.
Contact for Application: vawconsultancy@ohchr.org
Due Date
for Applications – 17 November 2009
The newly appointed Special Rapporteur on
Violence against Women, its causes and consequences, Ms. Rashida Manjoo,
wishes to carry out a comprehensive research project on the topic of reparations
for women who have been subjected to violence. The findings of the research
will inform her first annual report, which will be presented at the 14th
session of the Human Rights Council in June 2010.
Scope of the Consultant’s Duties
The consultant is expected to
undertake a study that addresses in a comprehensive and coherent manner the
main issues raised above and identify the
challenges in the field of reparations to women who have been subjected to
violence as well as any good practices and lessons learnt. The consultant will
look into the matter in contexts of peace, conflict, post-conflict and
transitional justice.
This entails the following
activities, inter alia:
a) Review and analyze existing
studies, surveys and reports which focus on women’s access to justice (and
reparations in particular), including academic literature, relevant reports
from United Nations agencies, regional organizations, governments and
non-governmental organizations.
b) Carry out consultations
with individuals, institutions and agencies working on issues related to
reparation to women subjected to violence. Consultations should include, among
others, States, United Nations agencies and other intergovernmental bodies,
human rights and women’s non-governmental organizations and academic
institutions. They could take various forms, such as an online forum,
questionnaires, and targeted email and phone contact.
c) Based on a preliminary
research and in consultation with the Special Rapporteur and relevant OHCHR
staff, develop an outline and define concretely the parameters and key issues
to be addressed in the thematic report. If possible, depending on time and
resources, seek feedback to the proposal elaborated from a peer group or other
mechanism, including through the consultant’s possible participation in an expert meeting convened by the Special Rapporteur on the subject.
e)
Prepare a first draft report, which identifies the main challenges in the field
of reparations for women who are subjected to violence,
and outlines good practices and lessons learnt.
f)
Prepare a final draft report, incorporating final comments provided by the
Special Rapporteur and OHCHR staff. The report should include a set of
conclusions and recommendations which provide guidance to the Special
Rapporteur in the preparation of her report to the Human Rights Council, and suggest areas for future research.
Duration of the consultancy: approximately 3
months (starting as soon as possible in December 2009).
Location: Any location would
be acceptable, as long as the consultant maintains close email and phone
contacts with the Special Rapporteur and relevant staff at OHCHR.
Fee: A lump sum will be
paid depending on the experience of the selected candidate in accordance with
consultancy rates of UN Secretariat.
Consultant’s qualifications
Ø Advanced university
degree or equivalent knowledge in the areas of international human rights law
and social sciences.
Ø At least 7 years of
experience / research on human rights, preferably in the field of gender
issues, and with a particular focus on violence against women. Experience /
research on the issue of reparations, preferably with a focus on women, is
highly desirable.
Ø Demonstrated
ability to conduct research, synthesize inputs and analyze extensive research
material.
Ø Ability to work in
a team and independently.
Ø Fluency in English and excellent drafting skills. Ability to read French / Spanish would be an asset.
Application: Candidates
fulfilling the indicated requirements are requested to send a completed P11
form (hereto attached) and a letter of motivation to vawconsultancy@ohchr.org by 17
November 2009.
by fax to: +41 22 917 9006
or by post to:
VAW Consultancy
Special Procedures Branch
Office of the High
Commissioner for Human Rights
United Nations Office at
1211
Applications by email are
strongly encouraged
On all correspondence, please
include the following subject line:
VAW Consultancy Application– Candidate’s name
_____________________________________________________________
Consultancy
for the thematic report of the Special Rapporteur on violence against women,
its causes and consequences on
“Reparation
to women who have been subjected to violence”
TERMS OF REFERENCE
Subject and aims of the consultancy
The
newly appointed Special Rapporteur on Violence against Women, its causes and
consequences, Ms. Rashida Manjoo, wishes to carry out a comprehensive research
project on the topic of reparations for women who have been subjected to
violence. The findings of the research will inform her first annual report,
which will be presented at the 14th session of the Human Rights
Council in June 2010.
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 December 2005,
start with the premise that “the State is responsible for ensuring that victims
of human rights violations enjoy an individual right to reparation”.
Both the Convention
on the Elimination of all Forms of Discrimination against Women and the
Declaration on the Elimination of Violence against Women place upon the State
the duty to prevent, investigate, punish and provide compensation for all acts
of violence wherever they occur. Article 4 of DEVAW states that women who are
subjected to violence should be informed about and provided with access to the
mechanisms of justice, as well as to just and effective remedies for the harm
that they have suffered, as provided by national legislation. However, as
pointed out by the previous Special Rapporteur, when it comes to 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”[1][1].
The
research will aim to draw on previous work done on the subject - in contexts of
peace, conflict, post-conflict and transitional justice- by a variety of
actors, including the UN special procedures and treaty bodies, as well as
international agencies, academics, civil society organisations and Governments.
Conceptual
framework
Over
the past fifteen years, the international legal response to violence against
women has experienced a number of positive developments that have resulted in
the explicit recognition of violence against women as a human rights concern
within the United Nations[2][2]. This is further illustrated by groundbreaking
judgments by the ICTY and ICTR and the explicit inclusion of some forms of
gender violence (rape, sexual slavery, enforced prostitution, forced pregnancy,
sexual enslavement, enforced sterilization and sexual violence) as war crimes
and crimes against humanity in the Rome Statue of the ICC. In this context,
largely because of the work of women’s rights activists and victims’ groups,
the issue of gender and reparation has received increasing attention.
The
obligation to provide adequate reparations involves ensuring the rights of
women to access both criminal and civil remedies as well as the establishment
of effective protection and support services for women survivors of violence.
Compensation for acts of violence against women may involve the award of
financial damages for any physical and psychological injuries suffered, for
loss of employment and educational opportunities, for loss of social benefits,
for harm to reputation and dignity as well as any legal, medical or social
costs incurred as a consequence of the violence. States are also required to
ensure that women victims of violence have access to appropriate rehabilitation
and support services. The notion of reparation may also include an element of
restorative justice.
While
it is evident that violence affects women in conflict or post conflict
situations, as well as women in stable societies that are not exposed to the
fallout of conflict, reparation programmes have mostly been designed in
transitional justice contexts, in an attempt to address the claims for justice of
victims and survivors of mass scale human rights violations and to consolidate
long-term peace based on equity, respect and inclusion. However, important
challenges linger, as most reparation programmes have remained insensitive to
gender specificities and have failed to address the differential impact and
subsequent different needs of women and men in a post conflict situation. It is
in this framework that the Nairobi Declaration on Women’s and Girl’s Right to a
Remedy and Reparation was adopted in March 2007, putting forward a vision of
reparation and transitional justice process that includes gender sensitive
compensation and material solutions, restorative justice aspects, as well as
broader political demands for a change in the overall status of women in
society[3][3].
Reparations
programmes, be it in contexts of peace, conflict or post-conflict, 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. This is indeed crucial for women
initiating reparation claims to surmount practical impediments - such as lack
of familiarity with public institutions, difficult access to legal assistance
because of poverty or illiteracy- as well as deeper obstacles relating to the
emotional and physical scars caused by the violence, including feelings of
guilt resulting from societal negative stereotypes, increased vulnerability
resulting from economic instability (in particular in cases where women have
survived the former head of a household) and negative stereotypes that often
result into revictimisation.
Scope of the Consultant’s Duties
The consultant is expected to
undertake a study that addresses in a comprehensive and coherent manner the
main issues raised above and identify the challenges in the field of
reparations to women who have been subjected to violence as well as any good
practices and lessons learnt. The consultant will look into the matter in
contexts of peace, conflict, post-conflict and transitional justice.
This entails the following
activities, inter alia:
a) Review and analyze existing
studies, surveys and reports which focus on women’s access to justice (and
reparations in particular), including academic literature, relevant reports
from United Nations agencies, regional organizations, governments and
non-governmental organizations.
b) Carry out consultations
with individuals, institutions and agencies working on issues related to
reparation to women subjected to violence. Consultations should include, among
others, States, United Nations agencies and other intergovernmental bodies,
human rights and women’s non-governmental organizations and academic
institutions. They could take various forms, such as an online forum,
questionnaires, and targeted email and phone contact.
c) Based on a preliminary
research and in consultation with the Special Rapporteur and relevant OHCHR
staff, develop an outline and define concretely the parameters and key issues
to be addressed in the thematic report. If possible, depending on time and
resources, seek feedback to the proposal elaborated from a peer group or other
mechanism, including through the consultant’s possible participation in an
expert meeting convened by the Special Rapporteur on the subject.
e) Prepare a first draft
report, which identifies the main challenges in the field of reparations for
women who are subjected to violence, and outlines good practices and lessons
learnt.
f) Prepare a final draft
report, incorporating final comments provided by the Special Rapporteur and
OHCHR staff. The report should include a set of conclusions and recommendations
which provide guidance to the Special Rapporteur in the preparation of her
report to the Human Rights Council, and suggest areas for future research.
Duration of the consultancy: approximately 3
months (starting as soon as possible in December 2009).
Location: Any location would
be acceptable, as long as the consultant maintains close email and phone
contacts with the Special Rapporteur and relevant staff at OHCHR.
Fee: A lump sum will be
paid depending on the experience of the selected candidate in accordance with
consultancy rates of UN Secretariat.
Consultant’s qualifications
Ø Advanced university
degree or equivalent knowledge in the areas of international human rights law
and social sciences.
Ø At least 7 years of
experience / research on human rights, preferably in the field of gender
issues, and with a particular focus on violence against women. Experience /
research on the issue of reparations, preferably with a focus on women, is
highly desirable.
Ø Demonstrated ability
to conduct research, synthesize inputs and analyze extensive research material.
Ø Ability to work in
a team and independently.
Ø Fluency in English and excellent drafting
skills. Ability to read French / Spanish would be an asset.
Application: Candidates
fulfilling the indicated requirements are requested to send a completed P11
form (hereto attached) and a letter of motivation to vawconsultancy@ohchr.org
by 17 November 2009.
by fax to: +41 22 917 9006
or by post to:
VAW Consultancy
Special Procedures Branch
Office of the High
Commissioner for Human Rights
United Nations Office at
1211
Applications by email are
strongly encouraged
On all correspondence, please
include the following subject line:
VAW Consultancy
Application– Candidate’s name
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[1][1] “Due Diligence Standard” (E/CN.4/2006/61)
[2][2] In particular, adoption of recommendation 19
in 1992 by CEDAW Committee, adoption of the Declaration on the Elimination of
Violence against Women (DEVAW) in 1993, and appointment of a Special Rapporteur
on Violence against women, its causes and consequences in 1994.
[3][3] The Declaration
calls for reparations programmes to include: i) mental and physical health
services, ii) provisions for compensation, rehabilitation and restitution; iii)
justice initiatives including guarantees of non recurrence; iv), programmes
aiming at restoring victim’s dignity; v) truth telling, together with the
recognition and acknowledgement of women’s suffering, vi) education programmes,
including on women’s rights and gender sensitivity; vii) the reform of
discriminatory laws and customs against women.