FAWCO's Sara von Moos attended this session and submitted her report on Yakin Ertürk's third and final report - Special Rapporteur on Violence Against Women, its Causes and Consequences: ‘The Political Economy of Women’s Rights’ .
Report submitted by Sara von Moos
In her final address to the Council as Special Rapporteur on Violence against Women, its Causes and Consequences, Yakin Ertürk presented her third and final thematic report on the subject of the ‘Political Economy of Women’s Rights’ which analyzes the challenge of the neo-liberal policy environment, making explicit the interconnections between the economic, social and political realms.
In her report, Ms. Ertürk explained how power operates not only through coercion, but also through the structured relation of production and reproduction that govern the distribution and use of resources, benefits, privileges and authority within the home and society at large.
The report further argued that the current neo-liberal order profoundly affects both the prevalence of violence against women and our efforts to eliminate it; yet, it is often neglected in the analysis of women’s human rights and is rarely included in the strategies to address violence against them. This results in the detachment of the problem of violence against women, not only from its underlying causes, but also from the broader struggles for socioeconomic equality and human security. “In the neo-liberal era, the declining regulatory role of the state and the privatization of public services and social security provisions have created a vacuum for the poor masses in societies who increasingly have to rely on community level survival strategies based largely on women’s initiatives and their labor. Such circumstances have also necessitated a return to communal enforcement mechanisms which have strengthened the role of non-state actors in determining the parameters of identity politics along conservative interpretations of culture and religion. Such trends, while mobilizing women into their ranks, more often than not, have caused new challenges for the rule of law and the universal application of human rights norms.”
The report also addressed the longstanding feminist critique of the dichotomization between first generation and second generation rights as contained in the twin Covenants. “It is by now, well documented and acknowledged that unless women develop their capabilities and achieve economic independence, the human rights they are promised will remain abstract concepts. The primacy accorded to civil rights within the human rights movement has perpetuated a bias toward violation of human rights in the public sphere. This has not only excluded violations of women’s physical integrity in the private sphere from public scrutiny, but also has marginalized many of the socioeconomic rights associated with domestic life, such as health, education and reproduction.”
In conclusion, Ms. Ertürk appealled to the President of the Council for the adoption of an integrated perspective that combines the obligations set out in the twin Covenants on civil and political rights and economic and social rights. She emphasized that the current approaches to understanding and responding to violence against women must be broadened to take account of women’s poverty and labor exploitation, their socioeconomic inequality and their exclusion from decision making processes. In this respect, a political economy approach would avoid the compartmentalization and selective and isolated treatment of violence against women, thus providing a framework for states and other actors to more fully realize their obligations to promote, protect and fulfill women’s human rights in good and bad times.
Lastly, Ms. Ertürk presented to the Council, a comprehensive study which she initiated and which takes stock of the achievements of 15 years of work on the Violence against Women mandate and the challenges which still lie ahead. She expressed her hopes that this document, ‘15 Years of the United Nations Special Rapporteur on Violence against Women, its Causes and Consequences: A Critical Review,’ would serve as a frame of reference for the next Special Rapporteur, governments, civil society and the UN agencies in their initiatives to move forward in the struggle to eradicate violence against women.
After her report, Ms Ertürk gave an overview of her country visits in the last year to Tajikistan*, Saudi Arabia** and Moldova***, pointing out the advances on violence against women made in each of these countries as well as progress yet to be made. The three states responded, with appreciative acknowledgment of Ms. Ertürk’s remarks and with measures of improvement taken since the Special Rapporteur’s visit.
The Special Rapporteur’s report was followed by an Interactive Dialogue session in which member states of the Council individually commented on Ms. Ertürk’s report, agreeing by and large with her holistic approach on the issue of violence against women. They all agreed that the international economic and financial crisis has had a severe impact on the condition of women and girls worldwide. An effective fight against all forms of violence against women could be led by a greater economic and social integration of women, coupled with appropriate judicial instruments giving body to political will. A greater place should be given to women’s professional training, in particular for those from rural areas, allowing them to avoid exclusion and poverty. One of the grounds for violence against women is gender based policies and laws. Many legal provisions, such as those with regard to marriage and family relations, political and public life, citizenship, inheritance, and sexual and reproductive health discriminated against women and continued to pose serious challenges to social, cultural, economic and political empowerment of women and gender equality.
The session was closed with expressed appreciation from the Council and member states to Yakin Ertürk for her 6 years of exceptional service as Special Rapporteur.
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*With respect to Tajikistan, Ms. Ertürk said that Tajik women have been especially impacted by the transition from a command economy to a market-led economy since its independence from the Soviet Union. In Tajikistan, violence against women is accepted by men and women alike as everyday behavior. Violence by husbands and other family members is particularly widespread. Women and girls are also victims of sexual violence and subject to exploitation on the streets as well as to trafficking inside and outside of Tajikistan. She said that while some encouraging steps have been taken, responses by state bodies to protect and support victims of violence and prosecute perpetrators have so far been insufficient. The government should take measures to ensure women’s empowerment and gender equality and to eliminate violence against women and girls.
In response, Tajikistan expressed appreciation for all recommendations indicated by the Special Rapporteur, recognizing that the challenges posed by the transition to a market economy, the consequences of civil upset and poverty constrained the country’s socio-economic development and its ability to promote and protect at the relevant level the rights and well-being of its population. He informed the Council that the government of Tajikistan had ratified numerous international instruments, including the Convention on the Elimination of all forms of Discrimination against Women, all of which formed an integral part of the legal system of the country and had adopted various programs which ensured equal rights and opportunities. In summary, that equality between men and women was guaranteed under the Constitution of Tajikistan and the existing legislative framework.
**Regarding Saudi Arabia, she noted that a number of positive developments have taken place affecting the status of women, particularly in access to education, which has resulted in significant improvements in women’s literacy rates within a relatively short time period. Further, in recent years, violence has been recognized as a public policy issue. However, current judicial practices pertaining to divorce and child custody, as well as women’s lack of autonomy and economic independence, continue to limit their ability to escape from abusive marriages. Issues related to early/forced marriages are also gaining public attention. Further, violence against female domestic workers is not sufficiently recognized. The report provides a number of recommendations with respect to measures necessary to women’s empowerment and increased participation in the public sphere and the elimination of violence against women and girls.
In response, Saudi Arabia paid tribute to the Special Rapporteur for her high quality and competence though wished to clarify certain points. Firstly, regarding the view that Islamic law was enjoying hegemony in the country, that the kingdom was pursuing a moderate policy based on an equitable middle-of-the-road Islamic approach. This was followed by technical clarification that the Commission for the Promotion of Virtue and prevention of Vice is a government agency, whose functions were set down by royal decree in 1980 and which are strictly regulated by the law, therefore, this agency could not be referred to as a source of terror for women.
***Regarding Moldova, she noted that the transformation of the Republic of Moldova to a political democracy and market economy resulted in economic and social difficulties, placing a heavy burden on women. Gender equality is ensured by law; however, in practice, women’s subordination is exacerbated by high levels of unemployment and/or low paid jobs. Parallel to this, patriarchal and discriminatory attitudes are increasing women’s vulnerability to violence and abuse. The need to escape an abusive environment, including domestic violence, prejudice and increased economic deprivation are factors motivating women to seek work abroad. The report concludes with a number of specific recommendations to eliminate violence against women, to empower them and make them equal.
In response, Moldova said that promotion and protection of human rights, including gender equality, was a key objective of the Moldovan government that applied to both domestic legislation and international policies. The government has recently instituted a National Policy for Gender Equality and a National Action Plan for 2009 – 2015. Women play an important role in Moldova, and have an increasing presence in high-ranking political functions, education, industry, health care, etc. Migration policy is a high priority and Moldova is working on the strengthening of a new migration management system in accordance with EU Member States’ good practices and standards, which includes migration and development, prevention and fighting illegal migration, trafficking and smuggling of human beings as well as promotion of an effective readmission and return policy. Disagreement was expressed regarding some of the UN statistical data on migrants.
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