Model Strategies and Practical Measures On The Elimination of Violence Against Women in The Field of Crime Prevention and Criminal Justice
Model Strategies and Practical Measures On The Elimination of Violence Against Women in The Field of Crime Prevention and Criminal Justice
Model Strategies and Practical Measures On The Elimination of Violence Against Women in The Field of Crime Prevention and Criminal Justice
Distr.: General
General Assembly 31 March 2011
Sixty-fifth session
Agenda item 105
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1
See resolution 48/104.
2
Report of the Fourth World Conference on Women, Beijing, 4–15 September 1995 (United Nations
publication, Sales No. E.96.IV.13), chap. I, resolution 1, annex I.
3
Ibid., annex II.
4
Report of the International Conference on Population and Development, Cairo, 5–13 September 1994
(United Nations publication, Sales No. E.95.XIII.18), chap. I, resolution 1, annex.
5
Resolution S-23/2, annex, and resolution S-23/3, annex.
6
See Official Records of the Economic and Social Council, 2005, Supplement No. 7 and corrigendum
(E/2005/27 and Corr.1), chap. I, sect. A; see also Economic and Social Council decision 2005/232.
7
See Official Records of the Economic and Social Council, 2010, Supplement No. 7 and corrigendum
(E/2010/27 and Corr.1), chap. I, sect. A; see also Economic and Social Council decision 2010/232.
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Stressing that States have the obligation to promote and protect all human
rights and fundamental freedoms for all, including women and girls, and must
exercise due diligence to prevent and investigate acts of violence against women
and girls and punish the perpetrators, eliminate impunity and provide protection to
the victims, and that failure to do so violates and impairs or nullifies the enjoyment
of their human rights and fundamental freedoms,
Emphasizing the importance of preventing violence against migrant women
through the implementation, inter alia, of measures aimed at combating racism,
xenophobia and related forms of intolerance,
Deeply concerned that all forms of discrimination, including racism, racial
discrimination, xenophobia and related intolerance and multiple or aggravated forms
of discrimination and disadvantage, can lead to the targeting or particular
vulnerability to violence of girls and some groups of women, such as women
belonging to minority groups, indigenous women, refugee and internally displaced
women, migrant women, women living in rural or remote communities, destitute
women, women in institutions or in detention, women with disabilities, elderly
women, widows, women in situations of armed conflict, women who are otherwise
discriminated against, including on the basis of HIV status, and women victims of
commercial sexual exploitation,
Greatly concerned that some groups of women, such as migrant women,
refugees and women in detention, in situations of armed conflict or in territories
under occupation, might be more vulnerable to violence,
Recognizing that women’s poverty and lack of empowerment, as well as their
marginalization resulting from their exclusion from social policies and from the
benefits of sustained development, can place them at increased risk of violence and
that violence against women impedes the social and economic development of
communities and States, as well as the achievement of the internationally agreed
development goals, including the Millennium Development Goals,
Reaffirming its resolution 52/86 of 12 December 1997, in which it adopted the
Model Strategies and Practical Measures on the Elimination of Violence against
Women in the Field of Crime Prevention and Criminal Justice,
Recalling its resolutions 61/143 of 19 December 2006, 62/133 of 18 December
2007, 63/155 of 18 December 2008 and 64/137 of 18 December 2009 on the
intensification of efforts to eliminate all forms of violence against women,
Recalling also the Bangkok Declaration on Synergies and Responses: Strategic
Alliances in Crime Prevention and Criminal Justice, adopted at the Eleventh United
Nations Congress on Crime Prevention and Criminal Justice, 9 in which
Governments recognized that comprehensive crime prevention strategies could
significantly reduce crime and victimization and urged that such strategies be
developed at the local, national and international levels and that they, inter alia, take
into account the Guidelines for the Prevention of Crime, 10 and emphasized the
importance of promoting the interests of victims of crime, including taking account
of their gender,
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9
Resolution 60/177, annex.
10
Economic and Social Council resolution 2002/13, annex.
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11
See Official Records of the General Assembly, Sixty-fourth Session, Supplement No. 53 (A/64/53),
chap. III, sect. A.
12
United Nations, Treaty Series, vol. 2187, No. 38544.
13
See Official Records of the Economic and Social Council, 2008, Supplement No. 10 (E/2008/30), chap. I,
sect. D.
14
See E/CN.15/2010/2.
3
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15
Resolution 40/34, annex.
4
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16
Available from www.un.org/esa/vawdatabase.
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Development Fund for Women, the Division for the Advancement of Women of the
Secretariat, the United Nations Children’s Fund, the United Nations Population
Fund and the Office of the United Nations High Commissioner for Human Rights,
and the Special Rapporteur on violence against women, its causes and
consequences, as well as other relevant intergovernmental and non-governmental
organizations, so as to make efficient use of the financial, technical, material and
human resources in the application of the updated Model Strategies and Practical
Measures;
21. Also invites the United Nations Office on Drugs and Crime to cooperate
with the Department of Peacekeeping Operations of the Secretariat in the
development of training material based on the updated Model Strategies and
Practical Measures for military, police and civilian personnel of peacekeeping and
peacebuilding operations;
22. Requests the Secretary-General to report to the Commission on Crime
Prevention and Criminal Justice at its twenty-first session on the implementation of
the present resolution.
Annex
Updated Model Strategies and Practical Measures on the Elimination of Violence
against Women in the Field of Crime Prevention and Criminal Justice
Preamble
1. The multifaceted nature of violence against women necessitates different
strategies to respond to the diverse manifestations of violence and the various
settings in which it occurs, both in private and in public life, whether committed in
the home, the workplace, educational and training institutions, the community or
society, in custody or in situations of armed conflict or natural disaster. In the
updated Model Strategies and Practical Measures on the Elimination of Violence
against Women in the Field of Crime Prevention and Criminal Justice, the
importance of adopting a systematic, comprehensive, coordinated, multisectoral and
sustained approach to fighting violence against women is recognized. The practical
measures, strategies and activities described below can be introduced in the field of
crime prevention and criminal justice to address violence against women. Except
where otherwise specified, the term “women” encompasses “girl children”.
2. Violence against women exists in every country in the world as a pervasive
violation of human rights and a major impediment to achieving gender equality,
development and peace. Violence against women is rooted in historically unequal
power relations between men and women. All forms of violence against women
seriously violate and impair or nullify the enjoyment by women of all human rights
and fundamental freedoms and have serious immediate and long-term implications
for health, including sexual and reproductive health, for example through increased
vulnerability to HIV/AIDS, and public safety, and have a negative impact on the
psychological, social and economic development of individuals, families, communities
and States.
3. Violence against women is often embedded in and supported by social values,
cultural patterns and practices. The criminal justice system and legislators are not
immune to such values and thus have not always regarded violence against women
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with the same seriousness as other types of violence. Therefore, it is important that
States strongly condemn all forms of violence against women and refrain from
invoking any custom, tradition or religious consideration to avoid their obligation
with respect to its elimination and that the criminal justice system recognize
violence against women as a gender-related problem and as an expression of power
and inequality.
4. Violence against women is defined in the Declaration on the Elimination of
Violence against Women1 and reiterated in the Platform for Action adopted by the
Fourth World Conference on Women 3to mean any act of gender-based violence that
results in, or is likely to result in, physical, sexual or psychological harm or
suffering to women, including threats of such acts, coercion or arbitrary deprivation
of liberty, whether occurring in public or in private life. The updated Model
Strategies and Practical Measures build on the measures adopted by Governments in
the Platform for Action, which was adopted in 1995 and subsequently reaffirmed in
2000 and 2005, the Model Strategies and Practical Measures on the Elimination of
Violence against Women in the Field of Crime Prevention and Criminal Justice
adopted in 1997, 17 and relevant General Assembly resolutions, including resolutions
61/143 and 63/155, bearing in mind that some groups of women are especially
exposed and vulnerable to violence.
5. The updated Model Strategies and Practical Measures specifically
acknowledge the need for an active policy of mainstreaming a gender perspective in
all policies, programmes and practices to ensure gender equality and equal and fair
access to justice, as well as establishing the goal of gender balance in all areas of
decision-making, including those related to the elimination of violence against
women. The updated Model Strategies and Practical Measures should be applied as
guidelines in a manner consistent with relevant international instruments, including
the Convention on the Elimination of All Forms of Discrimination against Women, 8
the Convention on the Rights of the Child, 18 the Optional Protocol to the
Convention on the Rights of the Child on the sale of children, child prostitution and
child pornography, 19 the International Covenant on Civil and Political Rights, 20 the
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women
and Children, supplementing the United Nations Convention against Transnational
Organized Crime, 21 the Rome Statute of the International Criminal Court 12 and the
Guidelines for the Prevention of Crime,10 with a view to furthering their fair and
effective implementation. The updated Model Strategies and Practical Measures
reaffirm the commitment of States to promote gender equality and empower women
with a view to meeting Goal 3 of the Millennium Development Goals.
6. The updated Model Strategies and Practical Measures should be endorsed by
national legislation and implemented by Member States and other entities in a
manner consistent with the right to equality before the law, while also recognizing
that gender equality may sometimes require the adoption of different approaches
that acknowledge the different ways in which violence affects women as compared
to men. Member States should ensure that women have equal protection under the
law and equal access to justice in order to facilitate efforts by Governments to
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17
Resolution 52/86, annex.
18
United Nations, Treaty Series, vol. 1577, No. 27531.
19
Ibid., vol. 2171, No. 27531.
20
See resolution 2200 A (XXI), annex.
21
United Nations, Treaty Series, vol. 2237, No. 39574.
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prevent and sanction acts of violence against women through comprehensive and
coordinated policies and strategies, and to deal with all forms of violence against
women within the criminal justice system.
7. The updated Model Strategies and Practical Measures recognize that crime
prevention and criminal justice responses to violence against women must be
focused on the needs of victims and empower individual women who are victims of
violence. They aim to ensure that prevention and intervention efforts are made to
not only stop and appropriately sanction violence against women, but also restore a
sense of dignity and control to the victims of such violence.
8. The updated Model Strategies and Practical Measures aim to contribute to
de jure and de facto equality between women and men. They do not give
preferential treatment to women but aim to ensure that any inequalities or forms of
discrimination that women face in accessing justice, particularly in respect of acts of
violence, are redressed.
9. The updated Model Strategies and Practical Measures recognize that sexual
violence is an issue of international peace and security, as outlined in Security
Council resolutions 1325 (2000) of 31 October 2000 and 1820 (2008) of 19 June
2008 on women and peace and security, particularly the need for parties to armed
conflict to adopt prevention and protection measures in order to end sexual violence.
10. The updated Model Strategies and Practical Measures recognize that some
special groups of women are particularly vulnerable to violence, either because of
their nationality, ethnicity, religion or language or because they belong to an
indigenous group, are migrants, are stateless, are refugees, live in underdeveloped,
rural or remote communities, are homeless, are in institutions or in detention, have
disabilities, are elderly, are widowed or live in conflict, post-conflict or disaster
situations and, as such, require special attention, intervention and protection in the
development of crime prevention and criminal justice responses to violence against
women.
11. The updated Model Strategies and Practical Measures recognize advances in
crime prevention and criminal justice responses to violence against women and the
importance of investing in the prevention of violence against women.
12. The updated Model Strategies and Practical Measures recognize that States
have the obligation to promote and protect the human rights and fundamental
freedoms of all people, including women, and that they must exercise due diligence
and take relevant measures to prevent, investigate and punish the perpetrators of
violence against women, to eliminate impunity and to provide protection to the
victims, and that failure to do so violates and impairs or nullifies the enjoyment of
women’s human rights and fundamental freedoms.
I. Guiding principles
13. Member States are urged:
(a) To be guided by the overall principle that effective crime prevention and
criminal justice responses to violence against women are human rights-based,
manage risk and promote victim safety and empowerment while ensuring offender
accountability;
(b) To develop mechanisms to ensure a comprehensive, coordinated,
systematic and sustained approach for the implementation of the updated Model
Strategies and Practical Measures at the national, regional and international levels;
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(e) To review and, where appropriate, revise, amend or abolish any laws,
regulations, policies, practices and customs that discriminate against women or have
a discriminatory impact on women, and to ensure that provisions of multiple legal
systems, where they exist, comply with international human rights obligations,
commitments and principles, in particular the principle of non-discrimination.
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22
“Secondary victimization” is victimization that occurs not as a direct result of a criminal act but through
the inadequate response of institutions and individuals to the victim.
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such powers cannot be granted to the police, measures must be taken to ensure
timely access to court decisions in order to ensure swift action by the court. Such
protective measures should not be dependent on the initiation of a criminal case;
(i) Comprehensive services are provided and protection measures are taken
when necessary to ensure the safety, privacy and dignity of victims and their
families at all stages of the criminal justice process, without prejudice to the
victim’s ability or willingness to participate in an investigation or prosecution, and
to protect them from intimidation and retaliation, including by establishing
comprehensive witness and victim protection programmes;
(j) Safety risks, including the vulnerability of victims, are taken into account
in decisions concerning non-custodial or quasi-custodial sentences, the granting of
bail, conditional release, parole or probation, especially when dealing with repeat
and dangerous offenders;
(k) Claims of self-defence by women who have been victims of violence,
particularly in cases of battered woman syndrome, 23 are taken into account in
investigations, prosecutions and sentences against them;
(l) All procedures and complaint mechanisms are accessible to women who
are victims of violence without fear of reprisal or discrimination.
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23
Battered woman syndrome is suffered by women who, because of repeated violent acts by an intimate
partner, may suffer depression and are unable to take any independent action that would allow them to
escape the abuse, including refusing to press charges or to accept offers of support.
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(c) To establish better linkages between health and social services, both public
and private, particularly in emergency situations, and criminal justice agencies for the
purposes of reporting, recording and responding appropriately to acts of violence
against women, while protecting the privacy of women subjected to violence;
(d) To design and sponsor sustainable programmes to prevent and treat
alcohol and other substance abuse, given the frequent presence of substance abuse
in incidents of violence against women;
(e) To ensure that violent acts and sexual crimes against children are
reported to the police and other law enforcement agencies when suspected by the
health and social services;
(f) To promote collaboration and coordination among relevant agencies and
services, including through the establishment, where possible, of specialized units
specifically trained to deal with the complexities and sensitivities of victims
involved in cases of violence against women where victims can receive
comprehensive assistance, protection and intervention services, including health and
social services, legal advice and police assistance;
(g) To ensure that adequate medical, legal and social services sensitive to the
needs of victims are in place to enhance the criminal justice management of cases
involving violence against women and to encourage the development of specialized
health services, including comprehensive, free and confidential forensic
examinations by trained health providers and appropriate treatment, including
HIV-specific treatment.
VIII. Training
20. Member States, in cooperation with relevant non-governmental organizations
and professional associations, are urged, as appropriate:
(a) To provide for or to encourage mandatory cross-cultural gender and
child-sensitivity training modules for police, criminal justice officials and
professionals involved in the criminal justice system on the unacceptability of all
forms of violence against women and on their harmful impact and consequences on
all those who experience such violence;
(b) To ensure that police, criminal justice officials and other professionals
involved in the criminal justice system receive adequate training and continued
education on all relevant national laws, policies and programmes, as well as
international legal instruments;
(c) To ensure that police, criminal justice officials and other relevant
authorities are adequately trained to identify and respond appropriately to the
specific needs of women victims of violence, including victims of trafficking; to
receive and treat all victims respectfully with a view to avoiding secondary
victimization; to handle complaints confidentially; to conduct safety assessments
and risk management; and to use and enforce protection orders;
(d) To encourage relevant professional associations to develop enforceable
standards of practice and behaviour and codes of conduct that promote justice and
gender equality.
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