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Website of the UN Special Rapporteur on Violence Against Women - http://www.ohchr.org/EN/Issues/Women/SRWomen/Pages/SRWomenIndex.aspx
http://www.ohchr.org/EN/Issues/Women/SRWomen/Pages/Complaints.aspx
Submission of Individual
Complaints to the UN Special Rapporteur on Violence Against Women
The Special Rapporteur is mandated to seek and receive information
on violence against women, its causes and consequences from Governments, treaty
bodies, specialized agencies, other special rapporteurs responsible for various
human rights questions and intergovernmental and non-governmental
organizations, including women's organizations, and to respond effectively to
such information.
The Special Rapporteur transmits urgent appeals and allegation
letters (communications) to States regarding alleged cases of violence against
women which she receives. Allegations may concern one or more individuals or
may convey information relating to a general prevailing situation condoning
and/or perpetrating violence against women. It should be emphasized that, in
accordance with her mandate, the Special Rapporteur is in a position only to
process cases of alleged violence or threats of violence directed against women
because of their sex. The definition of gender-based violence used by the Special
Rapporteur is taken from the United Nations Declaration on the Elimination of
Violence against Women, adopted by the General Assembly in its resolution
48/104 on December 1993.
The dialogue established with governments by the Special
Rapporteur and the transmission of allegations concerning their countries in no
way implies any kind of accusation or value judgment on the part of the Special
Rapporteur, but rather a request for clarification with a view to trying to
ensure, along with the government concerned, the effective prevention,
investigation, and punishment of acts of violence against women and
compensation for victims of such violations.
Urgent Appeals
Urgent transmissions may be sent by the Special Rapporteur to
concerned Governments when reliable and credible information is received
concerning cases which involve an imminent threat, or fear of threat, to the
right to personal integrity or the life of a woman. When transmitting urgent
actions, the Special Rapporteur appeals to the Governments concerned to ensure
effective protection of those under threat or at risk of violence.
Allegation Letters
For those communications that do not require urgent action but
relate to violations that already occurred and/or to general patterns of
violations - including the legal framework and its application as regards
violence against women – the Special Rapporteur may send allegation letters
requiring Governments to clarify the substance of the allegations received.
How to submit cases to the
Special Rapporteur
It is important to provide as much information as possible.
The individual complaint form can be used to document
cases of violence against women.
It would be helpful to receive a summary of the main points of the
case. The summary could identify the rights that have been or may be violated.
If your government has ratified human rights treaties, you could refer to the
specific provisions of the treaties you believe have been violated.
If your submission is in regard to a law, practice or policy which
affects women in general or women in a specific group, explain how other women
are affected or describe the group. A consistent pattern in individual cases
can be used to demonstrate a general failure to prevent and respond to private
abuses.
If you submit information about violations committed by private
individuals or groups (rather than government officials), include any
information which might indicate that the government failed to exercise due
diligence to prevent, investigate, punish, and ensure compensation for the
violations. For example information on:
Confidentiality
The identity of an alleged victim will always be included in any
contact between the Special Rapporteur and State authorities. The Special
Rapporteur cannot intervene without revealing the victim’s identity. If the
victim is a minor (below 18 years of age), the Special Rapporteur will include
his or her identity in contact with the State, but will not include it in any
subsequent public report. Similarly, if there are grounds to believe that
revealing the identity of the victim in a public report might put the victim at
further risk, they will not be included in any public report. The source of the
information provided or the victim may also request that the victim’s name not
be included in public reports. The name of the victim will be made public in
the joint communications report of special procedures mandate holders, issued
three times per year (March, June and September), unless the victim requests
not to have his/her identity revealed in the said report. The identity of the
source of information on the alleged violation is always kept confidential,
unless the source agrees that it may be revealed. When submitting information
you may indicate whether there are any other details which you would like to
remain confidential.
Follow-up
Communications from the Special Rapporteur to the government are confidential at an initial stage until the summary of the letters and the answer of the government are included in the joint Communications Report of Special Procedures submitted periodically to the Human Rights Council. It is important for the Special Rapporteur to receive updated and relevant information on the situations referred to in the complaints submitted to enable him/her to continue to follow-up on the issue through his/her dialogue with the involved Parties. Person(s) or organization(s) that have submitted information and complaints are urged to consider the response made by Government and to submit their comments, if necessary, to the Special Rapporteur. Also note that several other individual complaint mechanisms have been established as part of the international human rights system. For more information please visit the Special Procedures page and the Human Rights Bodies-Complaints Procedures page.