Goekce v. Austria

Facts of the case:

Sahide Goekce was a victim of continued domestic violence and was ultimately shot and killed by her husband Mustafa Goekce, while her children were present.  Prior to her death, her husband had made numerous threats to kill his wife Sahide.  These threats were known by the local authorities.  Moreover, Mustafa owned a handgun which the police were also aware of.  In the wake of her death Sahide's family complained that Sahide was a victim of a violation of the State (Austria) because it didn't follow up with all appropriate measures to protect Sahide.

Legal Issue:

Considering Austria is a member of CEDAW, did they violate Articles 1, 2, 3 and 5 of the convention?

Decision:

The Committee opined that there was no effective remedy provided in Austrian law, and therefore deemed the complaint admissible. It found a violation of the rights of the deceased Şahide Goekce to life and physical and mental integrity under article 2(a) and (c) through (f), and article 3 of the Convention read in conjunction with article 1 of the Convention and general recommendation 19 of the Committee. It considered that given the combination of factors, the police knew or should have known that Şahide Goekce was in serious danger, in particular because Mustafa Goekce had shown that he had the potential to be a very dangerous and violent criminal, and therefore considered that the police were accountable for failing to exercise due diligence to protect Şahide Goekce. The Committee noted that the authors also made claims that articles 1 and 5 of the Convention were violated by the State party but was of the view that the submissions of the authors of the communication and the State party did not warrant further findings. It made a number of recommendations to the State party including:
• strengthening the implementation and monitoring of the Federal Act for the Protection against Violence within the Family and related criminal law by acting with due diligence to prevent and respond to such violence against women and adequately providing for sanctions for the failure to do so;
3
• vigilantly and swiftly prosecuting perpetrators of domestic violence;
• ensure that in all action taken to protect women from violence, due consideration is given to the safety of women, emphasizing that the perpetrator’s rights cannot supersede women’s human rights to life and to physical and mental integrity;
• ensure enhanced coordination among law enforcement and judicial officers and also ensure that all levels of the criminal justice system routinely co-operate with non-governmental organizations that work to protect and support women victims of gender-based violence;
• and strengthen training programs and education on domestic violence for judges, lawyers and law enforcement officials.

Post by Nicholas

http://www.equalrightstrust.org/ertdocumentbank/ahide%20Goekce%20_deceased_%20v.%20Austria.pdf 

CEDAW in Canada

In November 2008, the CEDAW committee called on Canada to report its progress made to implement the recommendation to “examine the reasons for the failure to investigate the cases of missing or murdered aboriginal women and to take the necessary steps to remedy the deficiencies in the system" (p. 3). Amnesty International released this report in 2009.

Almost a year later, there has been little progress made. The situation in Canada involving Aboriginal or native women is seriously worse than that of other women in Canada."In a 2004 survey, Aboriginal women reported rates of violence, including domestic violence and sexual assault, 3.5 times higher than non-Aboriginal women" (p.4). In addition to physical violence, there have been cases of missing persons and discrimination. "The Native Women’s Association of Canada has compiled data on more than 520 Indigenous women who have gone missing or been murdered in the last three decades" (p. 4).

There are problems with the police forces in Canada and the way power is distributed in these offices. For instance, local police forces are having problems implementing the CEDAW recommendations because they are not receiving instructions from the higher offices. The police officers are not being adequately trained to deal specifically with cases involving Aboriginal women, and they are therefore not being reported or properly handled.

There is also an economic barrier between indigenous women and non-indigenous women, who, on average, earn about thirty percent more (p. 4-5). The lower economic status of the indigenous populations leads to more instances of violence. There are also very few domestic violence shelters in indigenous communities that could help women escape violence.

"A plan of action must include measures to ensure appropriate police response as well as measures to reduce the gap in standard of living and access to services for Indigenous women" (p.7). Some of the detailed recommendations that the committee has made to the Canadian government include, more comprehensive police reports on Aboriginal victims of abduction, violence or murder and more readily available services for Aboriginal women who are victims of violence. The gap in funding for Aboriginal programs, especially for children, should be eliminated as well as the gap in the quality of housing, education and health care.

Hopefully Canada will consider the recommendations made by the Committee. This report shows that even in countries that seem like all women are equal and in countries that seem like CEDAW is an irrelevant document, that there are still improvements and progress that can be made.
Post by Meghan.

"Canada: Follow Up to the Concluding Observations of the United Nations Committee on the Elimination of Discrimination against Women." Amnesty International, 2009. Web. 5 May 2011. <http://www2.ohchr.org/english/bodies/cedaw/docs/ngos/AI_CanadaFU.pdf>.

CEDAW in Colombia

Before May 2006, getting an abortion in Colombia was strictly illegal. As anyone knows, laws don't always stop people - and the result was that women were obtaining illegal abortions that sometimes ended in their deaths.

But in May of that year, Colombia recognized the need for exceptions: abortion is now legal in cases of rape, incest, if the fetus is expected to die, or if the mother's life is in danger. Women's health is an integral part of CEDAW.

This decision has been upheld in court decisions and no doubt has saved the lives of many women.

Inadequacies in U.S. Legislation and CEDAW’s Ability to Correct Such Laws

The 1994 Violence Against Women’s Act is undoubtedly a landmark piece of legislation that combats the physical abuse, sexual abuse, emotional abuse, and threats against women.  However, although the VAWA has been proactive in combating domestic violence, there are still more than 4 million women a year that report injuries from current or former partners in the United States.  For the United States to be considered a legitimate democracy and innovator of the free world, discrimination against women must be expelled from our society, and in order to assist in this process CEDAW ratification is a must.  Regardless, what some critics may say about CEDAW in accordance with U.S. law, if there’s a possibility that ratifying the treaty  may prevent just one incident of domestic violence, I thoroughly believe that ratification will be well warranted.

Many of those opposed to U.S. ratification of CEDAW make the claim that the U.S. already has laws in place to combat discrimination against women, i.e. VAWA, Fourteenth Amendment, and Title IX.  I argue that although some laws may be in place, they are for one, not enough, and for two, ineffective; in particular VAWA.  According to the National Organization for Women, “women experience about 4.8 million intimate partner-related physical assaults and rapes every year.  Less than 20 percent of battered women sought medical treatment following an injury.”¹ Some may be surprised that seven-teen years following the passing of VAWA there are still 4.8 million incidents involving domestic violence which is equivalent to roughly 13,000 incidents per day.  However, I offer one short observation that questions the U.S.’s commitment to gender discrimination and its lack of implementation.  The Fourteenth Amendment which includes the “Equal Protection Clause” was ratified in 1868; it took ninety-six years for legislative implementation of the Fourteenth Amendment through the Civil Rights Act of 1964.  Moreover, it took 126 years for legislative implementation to protect women when Congress passed VAWA.  This is an unacceptable fact that reeks with the unsavory realization that U.S. lawmakers are not committed to human rights, let alone women’s rights.


Domestic violence which I consider to be an epidemic because of the overwhelming number of incidents per year, I also consider to be a public health issue that affects the community as well as the victim.  According to the Center for Disease Control, “4.8 million intimate partner related physical assaults and rapes… resulted in 1,544 deaths.”² Coupled with these incidents was $8.3 billion in costs for, “medical care, mental health services, and lost productivity (e.g., time away from work)”³ in 2003 alone.

The United States which is only one of five permanent members of the UN’s Security Council must for the reason of domestic violence alone ratify CEDAW which is also closely related to the Declaration on the Elimination of Discrimination against Women.  The declaration is particularly important to this relationship because it deals directly with the definition of domestic violence as stated in Article 2 (a), “Physical, sexual and psychological violence occurring in the family, including battering, sexual abuse of female children in the household, dowry-related violence, marital rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploitation.”⁴ Although articles in the declaration are not binding, they are however, binding to members of CEDAW.  With a clear understanding of domestic violence which is provided in the declaration there comes a clear method of implementation which the convention provides.  For example, Article 5 of CEDAW clearly states, “States parties shall…modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women.”⁵  

In closing, ratifying CEDAW is not the finish line for eliminating violence against women.  However, with the reports and recommendations that come with being a member to the treaty, they will undoubtedly strengthen the effectiveness and legitimacy of current U.S. laws that denounce violence against women, particularly VAWA.  These reports and recommendations come to the U.S. as low cost and high reward.  Until the U.S. ratifies CEDAW millions of women will be overlooked in the legislative regards of congress, as well as continue to be victims of domestic violence.  In order for the U.S. to maintain its reputation as the leading democratic nation in the world, women’s rights must be addressed through CEDAW ratification.

Post by Nicholas

Notes:

 

1.      1.   "Violence Against Women in the United States: Statistics." National Organization for Women. N.p., 2011. Web. 15 Apr 2011. <http://www.now.org/issues/violence/stats.html>.

2.      2.    "Understanding Intimate Partner Violence." Fact Sheet 2006 n. pag. Center for Disease Control and Prevention. Web. 15 Apr 2011. <http://www.cdc.gov/ncipc/dvp/ipv_factsheet.pdf>.

3.      3.    Ibid.

4.      4.    United Nations. General Assembly. Declaration on the Elimination of Violence against Women. , 1993. Web. 15 Apr 2011. <http://www.un.org/documents/ga/res/48/a48r104.htm>.

5.    United Nations. Convention on the Elimination of All Forms of Discrimination against Women. , 1981. Web. 15 Apr 2011. <http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm>.

  

Violence Against Women in Egypt

                                                           Women campaigning in Cairo (2005)

There have been many gains in the consequences for people who commit violence against women in Egypt. The report submitted to the CEDAW committee on 28 January 2010 provided an update of the improvements made in Egypt in terms of women's rights. Egypt ratified the convention in 1981 and has been working towards the equality of women with notable success.

Not so long ago, there were laws on the books that exempted rapists from facing a prison term if they married their victim. Since that law has been repealed, there have been many advancements in combating violence against women. There has been more research and surveys done to determine the situation of violence that women deal with and perceive. Law enforcement officers are trained periodically so that they are prepared to deal with situations where women are experiencing violence. And their have been harsher penalties established for those who commit these crimes.

Violence against women is an issue that spans more areas than just physical abuse and neglect. It also encompasses the issue of female circumcision, which is now punishable by criminal courts in Egypt. The country now considers this procedure a violation of a woman's body and something that causes her physical harm, which constitutes violence. The rates of female have dropped dramatically in 2005, especially in urban areas where around 40% of girls receive the procedure. Though that number still seems high, compare it with a time when almost 100% of girls were circumcised.

However, there are still many challenges in Egypt in regard to violence against women. Some of these include:

• Many Women refrain from speaking openly about family violence or
reporting it to the police, as they consider it a family matter.
• Women's self-image. Some women, especially in rural areas where
education levels are low, still accept certain practices and would not think
about complaining about them.
• Reactionary ideas, individual practices, and negative customs persist in
society.
• Violent incidents have increased due to behavioural changes attributed to
the influence of violence in foreign films and media, which the Egyptian
cinema has begun to imitate.

There are many future efforts that continue to counter violence against women. Women must be better educated on their human rights. Many women still do not consider themselves equal to men, and therefore see violence as their fault or something they deserve. There must also be better education about violence in the media, specifically foreign films that portray graphic images of violence against women. There needs to be more safe houses established for women and children who are victims of violence. Overall the situation in Egypt has improved greatly with the ratification of CEDAW and will continue to make improvements under the committee's supervision.

Post by Meghan

"Egypt: Combined Sixth and Seventh Periodic Reports to CEDAW | Women Living Under Muslim Laws." Women Living Under Muslim Laws. 28 Jan. 2010. Web. 28 Apr. 2011. http://www.wluml.org/node/5913

A Timeline of CEDAW in the United States

1979: The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), a treaty to address all forms of discrimination against women was created and sent to countries for ratification.

July 1980: President Jimmy Carter signs CEDAW and submitted it to the Senate Foreign Relations Committee before leaving office, but it was not passed during his term.

1980-1990: Under the Reagan and Bush Senior Administrations, the treaty stalled in the Senate Foreign Relations Committee not going anywhere.

1990: The Senate Foreign Relations Committee held a hearing about CEDAW.

1993: The United States finally announces its intention to ratify CEDAW at the UN World Conference on Human Rights.

1994: The Clinton Administration expresses support of CEDAW; CEDAW passed in the Senate Foreign Relations Committee with a 13-5 vote; despite the Committee's recommendation for ratification, a group of conservative senators put a hold on the treaty, preventing it from passing in Senate and reverting it back to the Senate Foreign Relations Committee where it stalled again.

1995: The United States makes a commitment to ratify CEDAW by 2000 at the UN Fourth World Conference on Women (unfortunately this is not achieved).

1996: Many state legislatures have already passed resolutions supporting CEDAW; this year marks the first whereby state counties and cities start to pass pro-CEDAW resolutions, but the nation as a whole is still not passing it.

1998: The city of San Francisco becomes the first to adopt a CEDAW ordinance within the city, they undergo a critical gender analysis of all government activities in order to implement new policies that reflect nondiscriminatory practices in public life, their efforts show how even the most simple ordinances which seemingly have nothing to do with gender can have unintended implications which need to be addressed.

2002: The Bush Administration takes an initial position in support of CEDAW, quoted, as calling it is "generally desirable"; under the chairmanship of Joe Biden, Democrat from Delaware, and with growing Congressional support. The Senate Foreign Relations Committee passes CEDAW with a 12-7 vote, but it is never debated in Senate.

2002-2008: It stalled many times between the Senate Foreign Relations Committee and the State Department for the review of RUDs.

March 2009: President Obama sent the treaty to the State Department where the document was reviewed with the 2002 Senate Foreign Relations Committee's RUDs by an Interagency Working Group.

Post by Sara

All information from:

“Understanding CEDAW: A Timeline.” Physicians for Human Rights. 27 April 2011. .

Women in the 2009 Iranian Election

The primary media focus on Iran’s 2009 election centers on the June protests, deemed the “biggest unrest since the 1979 revolution,” and centered around protests against Mahmoud Ahmadinejad’s reelection. What was then overlooked was the presence of women’s rights and CEDAW in the array of presidential candidates, surprising considering Iran is one of the 7 nations yet to ratify the Convention.

President Ahmadinejad’s position on women remains conservative, promoting women in traditional roles. His administration renamed the Center for Women’s Participation to the Center for Women and Families, and adopted the Social Safety program which emphasizes traditional dress and restricts women’s education, as well as proposed provisions to the Family Support Bill (which have since been removed) to lesson restrictions on polygamy and tax the Mehrieh, money paid to women as specified in their marriage contract.

Mohsen Rezaee also maintained conservative views, emphasizing traditional roles of women, especially as housewives. He insisted steps would be taken to ensure equality of women for society, simultaneously assuring that salaries and insurance would be provided to housewives in Iran. Rezaee also declared pursuit of policies to balance familial responsibilities between men and women, promote women’s organizations, and encourage fair distribution of opportunities across realms for women.

Mehdi Karoubi’s stance on women and civil rights included the need to revise discriminatory laws and include women in governmental and state decisions in positions such as ministers and on the council of experts.  Karoubi specifically urged signing onto CEDAW, in addition to including articles in the Iranian constitution to support women’s rights. He also noted the importance of housewives in social structure, but also emphasized the importance of educational opportunities and access for women.

Karoubi’s progressive stance on human rights, and specifically women’s rights, aligns with Mirhossein Mousavi’s position as the primary challenger to Ahmadinejad. Mousavi released detailed policy initiatives to adopt as President which included reviewing discriminatory laws and reversing restrictions on women’s opportunities for education implemented by Ahmadinejad. Mousavi also encouraged ratifying CEDAW, though with reservations to “ensure that it is in line with Islamic and cultural values.”

2009 marks the first time women’s rights were discussed in such detail during an election. To read more, and read about several other trends in the electoral process in regards to women, check out this article.

Post by Hannah.

Ardalan, Davar I. "Iranian Women Demand Change." NPR, 5 June 2009. Web. <http://www.npr.org/blogs/sundaysoapbox/2009/06/women_rights_factors_in_irans.html>.

"Poll Results Prompt Iran Protests." AJE - Al Jazeera English. 14 June 2009. Web. <http://english.aljazeera.net/news/middleeast/2009/06/2009613172130303995.html>.