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;
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• 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.