UN-Complaints on Allegations of Violations of Human Rights-Gender

 

 

 

 

 

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Home > Issues > Special Procedures> Complaints Special Procedures Introduction Mandates Country mandates Thematic mandates Activities Individual complaints Country visits Annual Reports Crosscutting themes Annual Meeting Press Releases Enhancing the effectiveness of Special Procedures Reform agenda Strengthening Special Procedures: the way forward Links Commission on Human Rights Individual complaints Some special procedures mechanisms intervene directly with Governments on specific allegations of violations of human rights that come within their mandates. The intervention can relate to a human rights violation that has already occurred, is ongoing, or which has a high risk of occurring. The process, in general, involves the sending of a letter to the concerned Government requesting information and comments on the allegation and that preventive or investigatory action be taken. The decision to intervene is at the discretion of the special procedure mandate holder and will depend on the various criteria established by him or her. The criteria will generally relate to: the reliability of the source and the credibility of information received; the detail provided; and the scope of the mandate itself. However, it must be emphasized that the criteria and the procedure involved in responding to an individual complaint vary, so it is necessary to submit a complaint in accordance with the specific requirements established by each special procedure. The following minimum information must be provided for all special procedures in order for the complaint to be assessed: Identification of the alleged victim(s); Identification of the alleged perpetrators of the violation; Identification of the person(s) or organization(s) submitting the communication (this information will be kept confidential); Date and place of incident A detailed description of the circumstances of the incident in which the alleged violation occurred. Other details pertaining to the specific alleged violation may be required by the relevant thematic mandates (e.g. past and present places of detention of the victim; any medical certificate issued to the victim; identification of witnesses to the alleged violation; any measures undertaken to seek redress locally, etc.). As a general rule, communications that contain abusive language or that are obviously politically motivated are not considered. Communications should describe the facts of the incident and the relevant details referred to above clearly and concisely. To facilitate the examination of reported violations, questionnaires relating to several mandates are available to persons wishing to report cases of alleged violations. It should, however, be noted that communications are considered even when they are not submitted in the form of a questionnaire. For specific information concerning the individual complaint procedures of each special procedure mandate please consult the thematic mandates or country mandates lists. After consulting the requirements established by each mandate for the submission of individual complaints, a complaint can be submitted by fax to +41 22 917 90 06, by e-mail to urgent-action@ohchr.org, or by postal mail to: OHCHR-UNOG 8-14 Avenue de la Paix 1211 Geneva 10 Switzerland Please specify which special procedure mechanism the complaint is addressed to in the subject line of the e-mail or fax, or on the cover of the envelope. Several other individual complaint mechanisms have been established as part of the international human rights system. For more information please visit the Communications/Complaints section. __________________________________________________________________________________ http://www.ohchr.org/english/bodies/chr/special/questionnaires.htm    English  |  Español  |  Français  |    |    |  Field Activities      Issues      International Law      Human Rights Bodies      About OHCHR Home > Human Rights Bodies > Special Procedures > Model Questionnaires   Model Questionnaires Individual complaints     English French Spanish Working Group on Arbitrary Detention Questionnaire Questionnaire Cuestionario Working Group on Enforced or Involuntary Disappearances Questionnaire Questionnaire Cuestionario Special Rapporteur on extrajudicial, summary or arbitrary executions Questionnaire Questionnaire Cuestionario Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression Questionnaire Questionnaire Cuestionario Special Rapporteur on the sale of children, child prostitution and child pornography Questionnaire Questionnaire Cuestionario Special Rapporteur on the question of torture Questionnaire Questionnaire Cuestionario Special Rapporteur on violence against women, its causes and consequences Questionnaire Questionnaire Cuestionario Special Representative of the Secretary General  on Human Rights Defenders Questionnaire Questionnaire Modelo de cuestionario     ___________________________________________________________________________________________________

 

 

Quick Response
Desk

Special Procedures
Branch of the OHCHR

 

Geneva
2004

Dear
All,

 

We take
this opportunity to thank you for your continuous cooperation and precious
assistance in the work of the Special Procedures (Special Rapporteurs/Working
Groups/Special Representatives of the Secretary General/Independent Experts). In
view of this positive collaboration we would ask your further
support.

 

As you
may know, communications Special Procedures send to Governments are an important
part of their work. Special procedures send hundreds of cases, in the form of
letters of allegations and urgent appeals, to Governments every year.
Communications, together with the Governments’ replies, are then made public in
the reports that the different Special Procedures submit to the Commission on
Human Rights. As you are aware, communications are based on the information
received from you and your network of sources. Both your work and that of your
partners is of crucial importance to protect the rights of
people.

 

Gender
disaggregated data on communications in the first months of 2004 indicate that
only 10% of the individuals covered by urgent appeals and allegation letters are
women and in several cases the sex of the victim(s) is not specified in the
information we receive.

 

In view
of these figures and sure that we share common views on the importance to report
and seek redress for human rights violations affecting women as well as men, we
would like to share with you the following considerations and
suggestions.

 

In the
attempt to understand these figures and address the issue, we identified some
reasons that could explain the striking difference in communications concerning
men and those concerning women.

 

►The sex of the
victim(s) is often overlooked in the information received.

►Women’s human
rights violations tend to happen more in the so called “private” sphere, less
“visible” and considered by some to be more difficult to conceptualize in a
human rights framework.

►Human rights
violations occurring in the private sphere tend to be unreported, which in turn
triggers the vicious cycle of impunity and
re-victimization.

►Some human rights
violations affecting women are mistakenly thought not to be relevant to the
special procedures.

►Human rights
organizations might have limited contact with women’s
organizations.

 

In
light of these considerations, with a view to improving the communications’
gender sensitivity, the following suggestions have been identified:

 

1.
Always indicate the sex of individuals

 

2.
Try to report on less “traditional” cases of human rights violations which might
happen in less “public” contexts such as in communities and homes and might
affect women in particular.

 

3.
Locate broader sources of information, such as women’s community based
organizations and grass-root organisations, disseminate among them information
on special procedures and how these are relevant for human rights violations
affecting women.

 

3.
Explore the possibility of reporting cases of legislation (in force or to be
adopted) and policies that might affect the enjoyment of women’s human
rights.

 

4.
When
violations are committed by private individuals or groups (rather than
government officials), information is needed which might indicate that the
Government failed to exercise due diligence to prevent, investigate, punish, and
ensure compensation for the violations.

For
example, we would welcome information
on:

 

•
Whether or not there is a law which addresses the violation at
stake.

•
Any defects in existing laws such as inadequate remedies or definitions of
rights.

•
The refusal or failure by authorities to register or investigate the case and
other similar cases.

• The
failure by the authorities to prosecute case and other similar
cases.

• Patterns
of gender discrimination in the prosecution or sentencing of
cases.

• Statistics
and other data concerning the prevalence of the type of violation described in
the submission. 

 

These
are just some considerations and suggestions that we would like to share with
you and your network of partners.

 

We
will continue monitoring gender disaggregated data on communications of special
procedures and will inform you on further developments in this
area.

 

Please
note that your views and suggestions on the above are welcome and we hope to
open up a constructive dialogue on this.

For
any further clarification, please do not hesitate to contact us through our
urgent-action e-mail (urgent-action@ohchr.org).

 

Once
again we would like to thank you for your valuable work and cooperation with the
special procedures.

 

 

Best
Regards

 

The
Quick Response Desk

Special
Procedures Branch