2000 - Advocacy Guide to Women's World Demands

ERADICATING VIOLENCE
AGAINST WOMEN

Violence against women is a universal reality that is a consequence of the historically unequal power relations between women and men. Violence is no more an inevitable part of life than is poverty. Violence arises from the patriarchal system, which since time immemorial has exerted control over women's lives.

Violence affects all women and girls. Those who are particularly vulnerable are women who live in extremely precarious conditions or who are discriminated against on the basis of race, language, ethnic group, culture, age, opinion, social condition, religion, sexual orientation, handicap, or membership in a minority group. Indigenous women and women who are displaced, migrants, refugees or living under foreign occupation are also vulnerable.

Violence can come in many forms and affects both the physical and psychological integrity of women. Its form may be subtle. While often imperceptible from without, violence has no less devastating effects within. The term "violence 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 private life. Violence against women both violates and impairs or nullifies the enjoyment by women of their human rights and fundamental freedoms" 1.

Physical, sexual and psychological violence against women within a couple and in the family consists of battery, sexual abuse, female genital mutilation and other traditional practices harmful to women and girls, marital rape, dowry-related violence, incest, non-spousal violence, for example, a son's violence against his mother and violence related to exploitation or the deprivation of freedoms.

Physical, sexual and psychological violence occurring within the general community includes battery, rape, sexual assault, sexual harassment and intimidation at work, forced treatments and abusive medication, the exploitation and the commercialization of women's bodies. This commercialization of women's bodies is related to their increased poverty that is mainly a result of unbridled economic liberalism. Violence against women also includes contraception imposed by constraint or force, forced sterilization or abortions, selective abortion of female foetuses and female infanticide.

Physical, sexual and psychological violence is too often perpetrated or tolerated by States that prioritize custom or tradition over the respect of fundamental freedoms. The rise of religious fundamentalism is extremely disturbing as regards women's rights to their economic autonomy and their freedom of choice. In some countries, the social exclusion of women is so great that it constitutes a new form of apartheid. Women are considered second-class beings, of lesser value, deprived of their fundamental rights.

Violence against women is also exercised as a weapon of war in situations of armed conflict. Its many forms include murder, systematic rape, sexual slavery, hostage-taking, and forced pregnancy.

The Special Rapporteur of the Commission on Human Rights on Violence against Women has cited additional violations of human rights and fundamental freedoms such as the trafficking in women and girls for the sex trade, forced prostitution, rape, sexual abuse and sex tourism that have become a focus of international organized crime. She has also stated that additional measures should be taken to abolish all forms of forced labour, commercialization of sex, and forced marriage. Women and girls are at an increased risk of unwanted pregnancy and sexually transmitted infection, including infection with HIV/AIDS.2

COMBATING STRUCTURAL CAUSES OF VIOLENCE

The causes of violence against women go beyond the economic system in which we live. Violence is not caused by the weakness or frailness of women. Attempts to explain violence based only on individual aberrant behaviours are inadequate when it comes to understanding a phenomenon as universal and systemic as violence against women. The scope, frequency and various dimensions of this violence are a result of the inequality between the sexes that is inherent in the very structure of our societies.

This inequality is demonstrated and perpetuated through education, culture, language and religion and may even be amplified by other forms of social and economic inequalities. Combating causes of violence means fighting all individual and collective manifestations of sexism as well as the myths and falsehoods that maintain and perpetuate them.

THE NEED FOR COLLECTIVE ACTION

Women are aware of the kind of action that is needed to end violence against women: women's rights education, access to services, legal reform encompassing the harmonization of national laws with international laws, criminalization of acts of violence against women, court reform, training of legal and judicial personnel as well as other public services professionals. Women also need States to establish complaint mechanisms and to allocate of adequate funding within the government budget for actions related to the elimination of violence against women, public education, and media awareness.

Women condemn the inaction, inefficiency and the silence of States, which are the very structures that must provide the means to fight violence against women, namely through the criminalization of the perpetrators of violent crimes, mandatory compensation and the implementation of awareness and education campaigns on violence against women. Moreover, States must include systemic violence against women in the criteria for granting refugee status. Lastly, as stated in the Beijing Platform for Action, fundamental rights must take precedence over customs, traditions or religions.

Women demand that respect be accorded to their bodies and their person. They expect significant action and a concrete investment in the elimination of all forms of violence perpetrated against them. They want a society where States take seriously their responsibility to assure the safety and well-being of the whole population.

They want a society where all men (husbands, spouses, sons, fathers, grandfathers, uncles, cousins and neighbours) commit to ending definitively all forms of violence against women. They want a society where men themselves strongly denounce, without complacency, all wrongs committed against women, and seek to develop relations with women that are based on equality and respect. Women continue to collectively strive for an end to violence.

The World March of Women in the Year 2000 wants to eliminate violence against women by:

• demanding the efficient application of commitments made through international instruments as regards women without exception;
• promoting the International Criminal Court;
• promoting peace-building;
• favouring the right to asylum for reasons of discrimination on the grounds of sex or sexual orientation;
• urging States to establish a national plan to counter violence against women.

Application of conventions and covenants without reserves

The world has made many commitments since the turn of the century, specifically since 1975, the International Women's Year as regards women's living conditions. International meetings have been held, and the UN General Assembly has adopted declarations, conventions, covenants and even protocols.

A few countries have not ratified certain agreements, or have not yet decided to be part of the control process established by the UN. More specifically, states have not submitted an implementation plan for the Beijing Platform for Action. Reserves often render entire plans inoperative for various treaties by allowing countries to opt out of obligations. These reserves are incompatible with the very goals and purposes of a convention.

WE ARE MARCHING TO DEMAND:
V-4 That the United Nations bring extraordinary pressure to bear on member states to ratify without reservation and implement the conventions and covenants relating to the rights of women and children, in particular,

• the International Covenant on Civil and Political Rights;
• the Convention on the Elimination of all Forms of Discrimination Against Women;
• the Convention on the Rights of the Child 3;
• the Convention on the Elimination of All Forms of Racial Discrimination;
• the International Convention on the Protection of the Rights of All Migrant Workers.

V-4 b) That States harmonize their national laws with:

• the Universal Declaration of Human Rights 4;
• the Declaration on the Elimination of Violence Against Women;
• the Cairo and Vienna Declarations;
• the Beijing Declaration and Platform for Action.

Suppressing the traffic in human beings

In 1949, the UN brought together a series of elements contained in four other documents that the international community had adopted since the turn of the century, and created the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others.

Since then, these issues have been discussed.

In Mexico City, 1975 at the International Women's Year World Conferences delegates highlighted that prostitution constitutes one of the most serious breaches of the dignity of women and demanded that strong measures be taken to put an end to forced prostitution and the traffic in women. In 1978, the Commission on the Status of Women requested a report on the application of the 1949 Convention. In 1980, in Copenhagen, the World Conference of the United Nations Decade for Women demanded that the UN table the report and urged governments to ratify the Convention and to submit their reports. In force as of 1981, the Convention on the Elimination of all Forms of Discrimination Against Women stipulates in Article 6 that: "States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women". In 1982, the UN named a special rapporteur whose report inspired the Economic and Social Council 5 in 1983 to define the necessary conditions for policies to counter this scourge. In Beijing, in 1995, women repeated the need and urgency to eliminate the traffic in women and to help women who are victims of the violence engendered by prostitution and trafficking. In 1996, the UN General Assembly adopted two resolutions encouraging member States to take active measures to document this phenomenon, prevent it, criminalize it and provide assistance to women who are its victims.

Two additional studies will be tabled in the near future: one is on the sale of children and the other is on the legal and social problems of sexual minorities including male prostitutes. These studies will be submitted to the Sub-Commission on the Prevention of Discrimination and Protection of Minorities. Also, the Special Rapporteur to the United Nations Commission on Human Rights will be tabling a report soon on the traffic in persons.

Nonetheless, as embark upon a new millenium, we must sadly admit that little has changed in this area.

WE ARE MARCHING TO DEMAND:
V-6 That mechanisms be established to implement the 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, taking into account recent relevant documents such as the two resolutions of the United Nations General Assembly (1996) concerning trafficking in women and girls and violence against migrant women.

The rights of lesbians

With the exception of one law 6, international human rights laws do not afford protection for lesbians as regards their human rights and freedoms. Nearly half of the countries in the world criminalize homosexuality. No country in the world offers equality of rights for lesbians. This brings about numerous types of violations of rights that are recognized for everyone: right to life, security and integrity of one's person; to freedom of expression and association; the right not to be subjected to harassment, arbitrary detention, torture and all other forms of violence and discrimination; right to live one's sexual orientation and not be subjected to forced marriage.

All women must have the right to life, respect and the dignity of their person. All women must have the right not to be discriminated against or abused.

WE ARE MARCHING TO DEMAND:
V- 10 That, based on the principle of equality of all persons, the United Nations and States of the international community recognize formally that a person's sexual orientation should not bar them from the full exercise of the rights set out in the following international instruments:

• the Universal Declaration of Human Rights;
• the International Covenant on Civil and Political Rights;
• the International Covenant on Economic, Social and Cultural Rights;
• the Convention on the Elimination of all Forms of Discrimination Against Women.

Complaint and control mechanisms

The application and implementation of multilateral commitments requires that the international community provide monitoring mechanisms. Provisions have already been made for controls and means to measure results. Protocols provide the possibility of making a complaint.

WE ARE MARCHING TO DEMAND:
V-5 That, as soon as possible, protocols be adopted (and implementation mechanisms be established):

• to the Convention on the Elimination of all Forms of Discrimination Against Women;
• to the Convention on the Rights of the Child.

The International Criminal Court

The International Criminal Court will allow us to take great steps forward in the struggle against impunity and will pressure States to adopt more transparent external affairs policies in accordance with the respect of the many international treaties concerning human rights. It will facilitate the defense of the rights of victims in order that they may know the truth, and that they may have recourse to a justice system that is impartial and independent of all political power.

Rape as a war crime

The Beijing Platform for Action repeats that rape is a war crime and a crime against humanity. Rape is now considered an act of genocide in certain circumstances, which is a new element in the United Nations documents.

In this vein, this Court could allow the recognition of violations of the fundamental rights of women and allow the rapes and sexual assaults to be judged by a court capable of truly executing its investigative power, while respecting the rights of witnesses.

WE ARE MARCHING TO DEMAND:
V-7 That States recognize the jurisdiction of the International Criminal Court and conform in particular to the provisions, especially those that define rape and sexual abuse as war crimes and crimes against

• That States support its rapid implementation.
• That its funding be independent, that it may act quickly so that time is not a factor allowing perpetrators to remain unpunished because witnesses are no longer living to tell the truth!

Peace-building

Women, or at least most women, are in profound disagreement with the use of violence among peoples and within the same people. They favour negotiation over confrontation. They have shown their deep desire for peace on several occasions through their participation in interethnic marches or by joining world peace movements.

Women denounce arms merchants and countries that go into debt to purchase military supplies rather than investing in health or education.

WE ARE MARCHING TO DEMAND:
V-8 That all States adopt and implement disarmament policies with respect to conventional, nuclear and biological weapons.

That all countries ratify the Convention Against Land Mines.

That the United Nations end all forms of intervention, aggression and military occupation, assure the right of refugees to return to their homeland, and bring pressure to bear on governments to enforce the observance of human rights and to resolve conflicts.

P-6 That the embargoes and blockades - principally affecting women and children - imposed by the major powers on many countries, be lifted.

The right to asylum

For a great many feminist jurists, the right to asylum for women who are victims of discrimination, sexist persecutions and sexual violence is already recognized by the United Nations Convention relating to the Status of Refugees.

This convention includes provisions for the right to asylum for women who are victims of discrimination, sexist persecutions and sexual violence. This means that the signatory States cannot in any way expel or return a refugee to the border of territories where his or her life or freedom would be threatened on the grounds of race, religion, nationality, membership in a certain social group or for political opinions.

The terms "social group" and "political opinions" were broadened to include discrimination against women, including discrimination based on sexual orientation. Women represent a social group and can be persecuted for their opinion on issues such as genital mutilation or forced sterilization become refugees for political reasons.

Nevertheless, the following demands should be promoted in order to guarantee the exercise of the right to asylum for these reasons.

WE ARE MARCHING TO DEMAND:
V-9 That the right to asylum for women victims of sexist discrimination and persecution and sexual violence be adopted as soon possible.

V-11 That the right to asylum for victims of discrimination and persecution based on sexual orientation be adopted as soon as possible.

NATIONAL PLANS TO FIGHT VIOLENCE AGAINST WOMEN

Like the Beijing Platform for Action, the World March is also demanding these plans to fight violence. Some new elements have been added: the obligation of States to legislate against violence, to prosecute and punish perpetrators of acts of violence and to train in particular social workers, medical staff and persons who are in charge of refugees so that they may recognize violence based on sex and react with sensitivity. We are asking international human rights tribunals to adopt an attitude based on differences between the sexes in their work. The text of the demand renews in clear terms the mandate of the special rapporteur on violence against women.

WE ARE MARCHING TO DEMAND:
V-3 That States implement action plans, effective policies and programs equipped with adequate financial and other means to end all forms of violence against women.

These action plans must include the following elements in particular:

• prevention, public education, non-sexist education, training programs for judges and police
• research and statistics on all forms of violence against women
• campaigns against pornography, procuring, and sexual assault, including child rape
• easier access to the criminal justice system, legal action, "treatment" for attackers, assistance to and protection of victims

The protection of women's integrity

Several States attempt to argue that customs, traditions or religious may explain discriminatory practices against women. This is how they justify excision, veiling, prohibitions on divorce, forced marriage, inequalities in pay, and so on. Feminists around the world refute this argument and plead rather for complete equality between women and men as women must, as human beings, benefit equally from the same individual and collective rights.

The section "Women and Health" in the Beijing Platform for Action recognizes that "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."

The International Conference on Population and Development (Cairo, 1994) affirmed that women's reproductive rights are fundamental rights for couples and individuals. It reaffirmed women's rights in regards to prenatal and postnatal health services and their right to rapid access to information services as regards sexual and reproductive health. Quite often, violence takes the form of controlling women's bodies, especially their reproductive function.

WE ARE MARCHING TO DEMAND:
V-2 That States recognize, in their statutes and actions, that all forms of violence against women are violations of fundamental human rights and cannot be justified by any custom, religion, cultural practice or political power.

Therefore, all states must recognize a woman's right to determine her own destiny, and to exercise control over her body and reproductive function.

Several governments purport to defend human rights yet show a certain reticence in recognizing wrongs committed on their own territory. The commercial or geopolitical interests of these governments take precedence over the need for strong intervention in States that systematically deny fundamental human rights, including women's rights.

WE ARE MARCHING TO DEMAND:
V-1 That governments claiming to be defenders of human rights condemn any authority-political, religious, economic or cultural-that controls women and girls, and denounce any regime that violates their fundamental rights.

NOTES

1. As defined in paragraph 113 of the Platform for Action of the Fourth World UN World Conference on Women, Beijing, 1995.
2. As stated in a report by Ms. Radhika Coomaraswamy, Special Rapporteur.
3. See the appendix for more information on the above-mentioned covenant and conventions.
4. See the appendix for a summary of this declaration.
5. See the appendix for more information on the Economic and Social Council.
6. The European Convention on the Protection of Fundamental Human Rights and Freedoms recognizes certain protections for same sex couples.