Using Human Rights to Protect Women against Violence

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Using Human Rights to Protect Women against
Violence
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Introduction

• Workshop for womens rights advocates on using
  human rights to protect women against violence
• Purpose
• improve understanding of human rights related to
  violence
• develop capacity of community advocates to use
  human rights
• strengthen womens rights network
• improve access to justice for women
• Supported by the Victorian Womens Trust

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Violence against Women in Australia

• 1 in 3 women experience physical violence
• 1 in 5 women experience sexual violence
• Aboriginal women are 40 times more likely to
  experience domestic violence
• International evidence suggests that 80 of women
  with intellectual disabilities have experienced
  some form of sexual abuse
• Access Economics Report estimated that, in
  2002-2003, domestic violence cost Australia over
  8 billion

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Human Rights Approach to Violence

• Violence is a systemic issue that requires a
  comprehensive legal and social response
• Human rights are one tool that can be used to
  address this wrong
• Human rights are a tool that carry legitimacy
  with Government

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Loddon Campaspe Community Legal Centre

• Peter Noble, Principal Solicitor
• Violence is Out of Bounds

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What are human rights?

• Human rights are those rights one needs to live a
  dignified life (a life worthy of a human being)
• Human rights are
• derived from human dignity
• universal, core minimum standards
• common sense and common values
• essential in a democratic and inclusive society
  that respects the rule of law, human dignity,
  equality and freedom (Victorian Charter)
• Human rights belong to all human beings by virtue
  of them being human

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What are human rights?

• Freedom movement, assembly association, forced
  work, expression, thought religion, liberty
  security, fair hearing
• Respect life, protection of families and
  children, cultural rights, property
• Equality non-discrimination, equal recognition,
  participation
• Dignity torture cruel treatment, privacy
  reputation, humane treatment in detention

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What are human rights?

• Examples of key human rights include
• Civil and political rights Economic, social and
  cultural rights
• Right to life Right to health
• Right to privacy Right to food
• Freedom from discrimination Right to adequate
  shelter
• Freedom of expression Right to work and to just
  conditions of work
• Freedom from slavery Right to education
• Right to liberty and security Cultural rights
• Right to a fair hearing Protection of families
  and children
• Freedom from torture Right to an adequate
  standard of living
• Freedom of religion Right to social security

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Human rights obligations

• Obligation to respect rights
• Government must not violate human rights
• Obligation to protect rights
• Government must protect others from violating
  human rights
• Obligation to fulfill rights
• Government must take steps to ensure that human
  rights are enjoyed by all persons

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Where do we find human rights internationally?

• International Covenant on Civil and Political
  Rights (ICCPR) ?
• International Covenant on Economic, Social and
  Cultural Rights (ICESCR) ?
• Convention on the Elimination of Racial
  Discrimination (CERD) ?
• Convention on the Elimination of All Forms of
  Discrimination against Women (CEDAW) ?
• Convention on the Rights of the Child (CRC) ?
• Convention against Torture and Other Cruel,
  Inhuman or Degrading Treatment (CAT) ?
• Convention on the Rights of Persons with
  Disabilities (CRPD) ?
• Convention on the Protection of the Rights of All
  Migrant Workers and Members of Their Families ?

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CEDAW

• International Bill of Rights for Women
• Adopted by UN General Assembly in 1979
• Entered into force in 1981
• Introduced because, despite existence of other
  human rights treaties, extensive discrimination
  against women persisted

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CEDAW

• Object and purpose to eliminate all forms of
  discrimination against women, with a view to
  ensuring substantive equality
• Wrongful gender stereotyping (art 5)
• Trafficking (art 6)
• Representation in Political and Public Life (arts
  7-8)
• Nationality (art 9)
• Education (art 10)
• Employment (art 11)
• Reproductive and sexual health (art 12)
• Socio-economic life, sport and culture (art 13)
• Rural women (art 14)
• Equality before the law / civil matters (art 15)
• Marriage and family relations (art 16)

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CEDAW and Violence

• CEDAW does not explicitly prohibit VAW
• General Recommendation No. 19
• VAW discrimination against women
• VAW human rights violation
• States must take positive steps to eliminate VAW
• State agents and officials must not commit VAW
• State agents and officials must protect women
  against violence perpetrated by private actors

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CEDAW and Violence

• CEDAW therefore requires the elimination of VAW
• What other rights in CEDAW are relevant to VAW?
• What happens if Australia doesnt comply with its
  obligations under CEDAW?
• Reporting obligations and Concluding Observations
• Optional Protocol

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CEDAW and Violence

• What does the Government report say about VAW?
• What does the NGO report say about VAW?
• What do the Concluding Observations say about
  VAW?
• What is the impact of these documents?

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Where do we find human rights in Australia?

• Charter of Human Rights and Responsibilities 2006
  (Vic)
• Equal Opportunity Act 1995 (Vic)
• Family Violence Prevention Act 2008 (Vic)
• Sex Discrimination Act 1984 (Cth)
• National Human Rights Act 2010 (Cth) ????

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Victorian Charter

• The Charter protects and promotes human rights in
  Victoria
• It requires all arms of the Victorian Government
  to act compatibly with human rights

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Victorian Charter

• Government
• Human rights standards should be built into laws
  and policies
• Should assess all new laws for compliance with
  human rights and report to Parliament
• Respond to declarations made by the Supreme Court
  
• Parliament
• Pass laws after assessing them for compliance
  with human rights
• In exceptional circumstances, can override the
  Charter in passing legislation
• Has final say on all laws
• Courts
• Where possible, should interpret law to be
  compatible with the Charter
• Supreme Court can make a declaration that a law
  is not consistent with the Charter

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Public authorities

• Charter applies to public authorities
• Public authorities are bodies that perform public
  functions
• A private entity performing a public function
  will be a public authority
• Examples include
• Police
• Public transport officials
• Health providers
• Local council
• Prison authorities
• Schools
• Government departments

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Victorian Charter

• Right to recognition and equality before the law
  (s 8)
• Right to life (s 9)
• Freedom from torture and cruel, inhuman or
  degrading treatment (s 10)
• Freedom of movement (s 12)
• Right to protection of families and children (s
  17)
• Right to liberty and security of person (s 21)

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Victorian Charter equality

• Right to recognition as a person before the law
• all people have legal rights in a general sense
• Enjoyment of human rights without discrimination
• every person should be able to enjoy the human
  rights that are set out in the Charter without
  discrimination
• Equality before the law, equal protection of the
  law, protection against discrimination
• people must not be discriminated against based on
  any of the attributes listed in the Equal
  Opportunity Act 1995 (eg age, gender, race)

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What if domestic avenues fail?

• Optional Protocol to CEDAW
• Communication procedure
• Akin to an international court case
• Submit complaint to CEDAW Committee
• Has been used repeatedly to address VAW eg,
  Goekce v Austria
• Inquiry procedure
• Can submit information to CEDAW Committee
  requesting that it conduct an inquiry into
  allegation of grave or systematic violations of
  CEDAW
• Has been used to address VAW eg, Ciudad Juarez
  inquiry

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Why use human rights?

• Universally agreed set of norms and principles
• Human rights have legitimacy and currency with
  Government
• Government doesnt want to be embarrassed by
  violating human rights
• Private sector is now more accepting of human
  rights and this is applying pressure on
  Government
• A lot of issues are universal we can learn from
  how human rights have been applied to address
  violence elsewhere
• Clarity of framework (esp where there are
  competing rights)

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Using human rights to protect against VAW

• Empower victims/survivors
• Protect and promote rights of victims/survivors
• Advocacy work
• Policy and law reform work
• Community education
• Media engagement
• Funding applications

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Using human rights to protect against VAW

• Small group exercises on using human rights to
  protect against violence against women
• Group 1 exercises 1-2
• Group 2 exercises 3-4
• Report back

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Further Information

• PILCH
• Lucy McKernan or Simone Cusack
• Level 17, 461 Bourke Street, Melbourne VIC 3000
• Tel [phone] (Lucy) or 8636 4415 (Simone)
• E lucy.mckernan_at_pilch.org.au or
  simone.cusack_at_pilch.org.au
• Loddon Campaspe Community Legal Centre
• Peter Noble
• 29 Queen Street, Bendigo VIC 3550
• Tel [phone] (freecall) or 5444 4364
• E admin_at_advocacyandrights.org.au