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One in three Australian women has experienced physical violence by Dubravka Simonovic Special Rapporteur on Violence against Women End of mission statement by Dubravka Simonovic, United Nations Special Rapporteur on Violence against women, its causes and consequences, on her visit to Australia. I will confine myself today to present only some preliminary findings which will be elaborated further in my final report that will contain a set of action-oriented recommendations which I will present at the UN Human Rights Council. As recognized by the Council of Australian Governments (COAG), violence against women (VAW) is disturbingly common and continues to have a significant negative impact on women, children and the wider community in Australia as in any other country in the world. The scourge of violence against women takes on average the lives of 1 or 2 women every week throughout the country; one in three Australian women has experienced physical violence, and almost one in five Australian women have experienced sexual violence. One in four Australian women has experienced physical or sexual violence at the hands of a current or former male partner. However, the true scale of the problem is likely much greater as it is estimated that on many instances, violence go unreported. There is no doubt that violence against women has gained increased visibility being publicly recognized as a pandemic. All the interlocutors I met at Federal, State and Territory level have all stated that addressing VAW was a high priority. I was in particular deeply impressed by the personal commitments and dedication of those who have experienced family or domestic violence and who had the strengths to find the silver lining in their tragedy to become tireless advocates on actions needed to address violence against women and on the importance of integrating victims’ voices into all laws, policies and programmes. I am thinking about Rosie Batty and many others, some I had the privilege to meet with during my visit. Let me stress the importance of a human rights-based approach to State’s responsibility to prevent and combat violence against women. Gender based violence against women constitutes discrimination and a human rights violation under the Convention on the Elimination of all forms of discrimination against women (CEDAW) while States have a human rights obligation to prevent violence against women committed by the state agents and due diligence obligation to prevent such violence by private persons, provide service for victims and prosecute perpetrators. Australia remains a democratic nation without comprehensive constitutional or legislative protection of basic human rights at a federal level. This contributes to the fact that despite commitments made at the international level, there is lack of full incorporation of and references to the human rights framework in general and the human rights narrative is not being used at the national level, including with respect to women’s rights. The rights set out in the international human rights conventions like CEDAW are not directly applicable and are not fully incorporated into the national legal system and the consequences are that those rights are not legally enforceable or justiciable; and there is no domestic law requirement that the Australian Government act compatibly with, or even give proper consideration to, human rights. The Australian Parliament has passed some legislation that protect human rights but overall, women''s human rights in Australia are protected in an incomplete, patchwork way in different States and Territories what result in different level of harmonisation of such laws with CEDAW and different level of protection of a woman''s right to life free from violence. The overarching national legislation governing women’s rights in Australia is the Sex Discrimination Act which was amended in 2011 to encompass different areas towards the achievement of gender equality. The Council of Australian Governments (COAG) and its Advisory Panel on Reducing Violence against women and their children have, in particular in the absence of a national legislation on violence against women, play a pivotal role in ensuring consistency across jurisdictions and information sharing. Taking into consideration the lack of direct applicability and the lack of full incorporation of CEDAW, the lack of a national legal framework on violence against women and complex federal system in which domestic violence laws and intervention orders fall under the state’s/territory’s authority while family law courts are federal, there is a need to improve cross-jurisdictional coherence. There is no single nationally agreed definition of family and domestic violence (different definitions coexist in different jurisdictions). I have been made aware of important initiatives going in the direction of harmonisation, such as the draft legislation on protection orders and its accompanying new scheme on recognizing domestic violence orders across states, a national approach to perpetrator interventions ensuring sharing of information about offences, and initiatives to tackle issues of online violence to mention a few. This confirms a need for harmonization of national framework on VAW with international commitments. In that respect I would like to make the following recommendations: CEDAW and other human rights treaties should be directly applicable through the adoption of a Human rights act that would enable such application, or fully incorporate CEDAW at the Federal and State level, or enact a Federal Law (or Model law) on combating and preventing violence against and domestic violence based on CEDAW. I welcome the National Plan to Reduce Violence against Women and their Children 2010-2022 and its third plan within that plan (2016-2019) with: goal of achieving a significant and sustained reduction of violence against women and their children. However this plan focuses on specific areas and lacks a holistic approach to prevent violence against women, and to ensure the provision of services and the punishment of perpetrators in a coordinated manner. The National Plan insufficiently addresses the need for adequate crisis services, shelters or refuges for women and to provide them with opportunities for empowerment. Specific National Action Plans on violence against women and gender equality should be elaborated to address the situation of indigenous women. Domestic/family violence is one of the leading causes of homelessness in Australia. It is essential that women escaping violence can access affordable and safe housing and that the barriers towards doing this are removed. From all the services providers and other interlocutors I met, all pointed to me the dire shortage of refuges for women and children escaping violence and for public housing in general. It is extremely worrying that the situation of some women, who are already confronted, in particular when they live in remote areas and in indigenous communities, with the dilemma of being homeless with no safe refuge, possibly with children, or staying with their abusers, might even worsen. Women''s shelters and housing program should be adequately funded. Sufficient numbers of shelters is specially needed for aboriginal communities that would be run by them and used as a hub for other services needed for recovery and empowerment. The current funding of some legal community services, including the family violence legal services providing frontline support services to domestic violence victims, has been recognized by the independent Australian research and advisory body (the Productivity Commission) as insufficient to ensure that women fleeing domestic/family violence get the support they need. While I note that there is a plan to cut $35 million of federal funding to Community Legal Centre over three years, I also note other additional funding which has been promised for Community Legal Centres, Legal Aid Commissions and other services that support victims of family and domestic violence. As recognition and reporting of domestic and family violence increases, the demand for integral legal help in relation to protection orders, family law, child protection and criminal matters, especially breaches of protection orders, is likely increase. People fleeing domestic and family violence also regularly seek legal services for housing, credit and debt challenges and access to social security. I therefore urge the Government to provide the necessary funding to match the current and future needs of women who are seeking advice and assistance to protect their lives in line with its human rights obligations. Particular attention should be given to appropriate funding for the Aboriginal and Torres Strait Islander Legal Services which has experience decreases in funding. In addition short-term project contracts for NGOs that provide different services limit the possibility for mid or long term planning and sustainability of their services and threaten the ability of their staff for long term assignment. Violence against Aboriginal and Torres Strait Islander Women and girls It has been recognized by the Government that the prevalence of violence against Aboriginal and Torres Strait Islander women emanates from colonisation, and the dispossession and discrimination that First Nations peoples have been subjected to for more than two centuries and resulted in their exclusion and disadvantaged position. Strategies such as like the “Close the Gap” aimed at reducing disadvantage among Indigenous people, are not yet significantly closing the gap with respect to targets envisaged and by that, certainly not the gap related to gender equality and violence against women within indigenous communities. Aboriginal and Torres Strait Islander women face institutional, systemic, multiple, intersecting forms of discrimination. In addition to sexism and racism, many women also face class-based discrimination due to the low socioeconomic status, as well as social exclusion arising from their regional or remote geographical location. These forms of discrimination and exclusion culminate to create extremely difficult social conditions and manifest themselves in an alarmingly high prevalence of violence against Aboriginal and Torres Strait Islander women who continue to experience higher rates of domestic/family violence and more severe forms of such violence as compared to other women. For example, they are 34 times more likely to be hospitalised as a result of domestic/family violence and up to 3.7 times more likely than other women to be victims of sexual violence. I was informed that some of the policies that I thought were belonging to the past, such as the removal of children from their families still continue, aboriginal children being around 7 times more likely than non-Indigenous children to be in contact with the child protection system or to be subject to substantiated abuse or neglect; 9 times more likely to be on a care and protection order; and around 10 times more likely to be in out-of-home care. This maintains the cycle of violence, with aboriginal women being made unable to break it and change it. The third action plan on Family violence has made Aboriginal and Torres Strait Islander women and their children one of its six national priorities. But this is not sufficient. Due to the current situation, I would like to stress that in addition to inclusion and consultation with Aboriginal and Torres Strait Islander peoples and communities, a specific National Action Plan on violence against Aboriginal and Torres Strait Islander and gender equality should be developed with appropriate temporary special measures that would accelerate advancement of women. This would be in line with the commitments taken under Article 22 and 23 of the UN Declaration on the Rights of Indigenous Peoples which states that Aboriginal and Torres Strait Islander women should have ownership of, and administer, initiatives to improve their law and justice outcomes as well as advance their human rights and temporary special measures under article 4.1 of CEDAW. Universal access to community-based infrastructure should also be improved. I was informed for example that children school attendance was difficult in remote areas and that in a location I visited, school buses had been discontinued and that basic cards are not covering expenses related to escape from violence. In short, I would like to recommend that policies be made with communities — rather than to communities; budgets for Indigenous Affairs and policies based on human rights implementation should be restored and increased; support should be provided for justice reinvestment — where money is redirected to address underlying causes of crime; and temporary special measures be introduced for employment of Aboriginal and Torres Strait Islander in the States’ and Territories’ governments at all levels , especially in police force policing Aboriginal Communities and prisons. Violence against women and girls with disabilities I am concerned at reports of the high incidence of violence against, and sexual abuse of, women and girls with disabilities, in particular in institutional settings. Despite such reported high incidence, the issue is not addressed adequately in legislation or policy framework on violence against women or on disability rights. I would also like to echo the concerns of treaty bodies, including CEDAW in relation to the continuing practice of involuntary or coerced sterilization of persons with disabilities which were confirmed by the Senate inquiry into this issue in July 2013 and support recommendations made by these bodies. * Access the full statement via the link below. Visit the related web page |
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In humanitarian emergencies, gender inequality becomes even more harmful by Action Against Hunger International Women''s Day is an opportunity to acknowledge the transformative contributions women have made to their communities and societies today and throughout history. It is also, however, an important time to examine the significant inequalities that women and girls face around the world that limit their basic human rights, their social status, their decision-making power at home and in their societies, and that rob them of the freedom to define their futures and pursue their potential. In humanitarian emergencies, gender inequality becomes even more dramatic and harmful. Every year, conflicts and natural disasters leave millions of people unable to meet even their most basic needs, and an estimated 80 percent of those affected by conflict and natural disaster are women. Conflicts, violence against women and girls, and hunger are closely linked in humanitarian emergencies to which Action Against Hunger is responding, such as South Sudan, where famine was declared in parts of the country recently; and northeast Nigeria, where populations face an elevated risk of famine in areas affected by the Boko Haram conflict; and Somalia, where drought and insecurity have contributed to a food crisis that has left 50 percent of the population is in need of humanitarian assistance. According to Clara Ituero, Action Against Hunger''s gender and development advisor, "In some contexts, women have less access to education and paid employment, and they have little voice in decisions that affect humanitarian assistance or their basic living conditions. Although society entrusts them with the duty of feeding their families on a daily basis, they lack the ability to make basic decisions over control over land and family incomes. This system keeps them vulnerable in terms of their own ability to reliably access food for themselves or, their children. This has implications for their nutritional status." In times of conflict, during massive population displacements, violence against women and girls increases. "Forced to flee from their homes, without access to crops or markets, women are forced to travel long distances to find food. They are then exposed to specific dangers such as kidnapping, robbery, sexual assault, or abuse. Escaping these situations is difficult because if a woman does not go out to find food, she and her family do not eat, and children become severely malnourished, "says Chiara Saccardi, head of one of Action Against Hunger''s rapid deployment emergency teams. Today, as we acknowledge the challenges that women endure and overcome in humanitarian emergencies around the world, we want to share an inspiring story of a courageous group of mothers in northeast Nigeria. Action Against Hunger launched the “Porridge Moms” program in Maiduguri in northeast Nigeria''s Borno State to provide vulnerable displaced women with a daily nutritious meal, as well as health education and training to prevent their at-risk children from becoming severely malnourished. These women have been through the unthinkable. They’ve been forced to flee their homes in areas controlled by the violent militant group Boko Haram, leaving everything behind but their children as they escaped conflict. The Boko Haram crisis in northeast Nigeria has displaced 2.3 million people, and the conflict cut off entire communities from humanitarian assistance for about two years, leading to an extreme hunger crisis in Borno State. The Porridge Moms program also provides these mothers with a critical peer support network, a “sisterhood” where they can help each other cope with the trauma, violence, and loss they have endured. This program is already creating a ripple effect. When women are empowered, everyone wins. * Watch the video via the link below to learn more. Visit the related web page |
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