Nov 22, 2019 | News
A wide range of stakeholders in Mbabane, Eswatini came together to discuss the challenges they face in combating sexual and gender-based violence (SGBV) in the country.
On 21 November, the ICJ hosted a symposium with representatives of the Attorney General, Ministry of Justice, police, Human Rights Commission and Law Society on cases involving economic, social, and cultural rights and SGBV. The event was followed by an integrated meeting involving State officials in the justice sector to discuss the implementation of the Sexual Offences and Domestic Violence (SODV) Act was discussed.
The Kingdom of Eswatini faces widespread instances of SGBV and it is hoped that new initiatives, such the enactment of the Sexual Offences and Domestic Violence (SODV) Act in 2018, will be effective in addressing the scourge of SGBV in the country.
The symposium was led by Justice Qinisile Mabuza, Principal Judge of the Eswatini High Court and ICJ Commissioner, accompanied by ICJ Commissioners Justice Sanji Monageng of Botswana and Professor Michelo Hansugule of the University of Pretoria, and Justice of the High Court in Zimbabwe Amy Tsanga. The ICJ’s Senior International Legal Adviser Emerlynne Gil gave a presentation on gender stereotypes and international legal standards on SGBV ICJ Africa legal associate Khanyo Farisè and ICJ consultant Mary Pais Da Silva also participated in the symposium.
Speakers emphasized the critical role of the judiciary and other justice sector actors in ensuring that Eswatini meets its legal obligations under international human rights law, including standards governing the African region, to protect survivors of SGBV.
“The judiciary is a critical component in the intervention against SGBV. The judges have to know about human rights, appreciate what SGBV actually entails, understand what those violations mean, and the international standards and local roles where they exist. Judges also should be able to use jurisprudence from other jurisdictions to justify their decisions,” Commissioner Monageng said.
The participants of the symposium, were subsequently joined by representatives from the Department of Public Prosecutions (DPP), the One Stop Care Centre for sexual violence survivors, and the Deputy Prime Minister’s Office, came together to discuss the implementation of the SODV Act. Recommendations included better collaboration with judicial actors, the training of law enforcement agencies on receiving report of sexual violence, better case management and the development of forensic laboratories were made.
Contact
Khanyo Farisè (Legal Associate): e: Nokukhanya.Farise(a)icj.org
Shaazia Ebrahim (Media Officer): e: shaazia.ebrahim(a)icj.org
Nov 20, 2019
On 18 November, the ICJ, together with 35 other non-governmental organizations, addressed an open letter to the members of the National Council of the Slovak Republic, expressing deep concern at ongoing legislative attempts to roll back on the reproductive rights of women in Slovakia.
At this time the Slovak Parliament is debating new draft legislation that would require women seeking abortion care to undergo a mandatory ultrasound scanning, to view and obtain the ultrasound image of the embryo or the foetus, and where technically possible, to also listen to the “heartbeat of the embryo or the foetus.” The proposed legislation also seeks to prohibit “advertising” on abortion and to impose a fine of up to 66,400 Euros on those who order or disseminate it.
In the letter, the signatory organizations raised concern that, if adopted, this legislation would harm women’s health and well-being, obstruct their access to safe abortion care and violate Slovakia’s international human rights obligations.
Download
Slovakia-Reproductive rights-Advocacy-Open Letter-2019-ENG (letter available in PDF)
Nov 7, 2019 | News
Today, the ICJ published an Arabic translation of Practitioners’ Guide N°12 on Women’s Access to Justice for Gender-based Violence.
The Guide is designed to support legal practitioners and human rights defenders involved or interested in pursuing cases of gender-based violence.
It provides information about regional and international law and standards relevant to gender-based violence, advice on implementing these standards as part of domestic law reform and examples of existing good practice in seeking protection for women.
The Guide (Arabic version here) also addresses the practical issues that are faced by women who have been subject to gender-based violence and the steps that are necessary to secure their access to justice in practice. It considers women’s experiences of the criminal justice system and reflects on how the justice system deals with women’s safety and need for access to services beyond legal assistance.
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Universal-Womens accesss to justice-Publications-Practitioners’ Guide Series-2019-ARA (full guide, in PDF)
Nov 3, 2019 | News
Bangkok, Thailand – From 1 to 2 November 2019, ICJ in collaboration with the UN Office of the High Commissioner for Human Rights (OHCHR) and the Ralph Bunche Institute for International Studies, hosted a consultation on gender and the right to freedom of religion or belief with the UN Special Rapporteur on Freedom of Religion or Belief, Dr. Ahmed Shaheed.
The primary objective of the consultation was to provide a forum for human rights defenders, particularly women and human rights defenders belonging to sexual orientation, gender identity, gender expression and sex characteristics (SOGIESC) minorities to share their perspectives on laws, practices and anti-rights strategies based on religion or belief that discriminate against women and SOGI groups and individuals in Asia. The consultation was attended by at least fifty-two (52) human rights defenders from all over Asia.
Emerlynne Gil, ICJ’s Senior International Legal Adviser, in her opening address, emphasized that gender equality and the right to freedom of religion or belief should not be viewed as inimical to each other. She said, “Women and individuals belonging to sexual orientation and gender identity minorities should also be able to being to a faith or religion of their choice, or religion into which they are born and they should continue to belong to the religion or belief without being discriminated against by the faith or religious community.”
The consultation included discussions on the domestic contexts and legal frameworks in relation to freedom of religion and the rights of women and SOGIESC minorities, including in relation to the right to health. The participants considered challenges faced by women and SOGIESEC minorities when religious leaders act as justice actors were also discussed. The consultation, while highlighting the good practices in advancing the rights of women and SOGIESC minorities, also explored existing challenges and tensions in respect of achieving gender equality.
At the conclusion of the consultation, Dr. Shaheed noted the diversity of the participants in the room, who came from all over Asia. He emphasized that “in order to engage more effectively and strategically, it is imperative that we improve our literacy in relation to the human rights framework and of religion in order to better understand its intersectionality.”
Contact
Sushmitha Thayanandan, National Legal Advisor, Sri Lanka (ICJ) e: sushmitha.thayanandan(a)icj.org
Oct 20, 2019 | Advocacy, News
From 18 and 19 October 2019, the ICJ, in collaboration with UN Women and the Federal Court of Malaysia, convened the 2019 Southeast Asia Regional Judicial Dialogue in Kuala Lumpur, Malaysia.
The judges from Malaysia, Philippines, Indonesia, and Timor-Leste discussed how to apply the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and other international legal instruments in their work at the domestic level to eliminate the negative impact of stereotyping and gender bias in the judiciary.
“We need to ensure that CEDAW and international human rights obligations are fully applied by national authorities, and not just taken as aspiration or long-term goal,” said Frederick Rawski, ICJ Regional Director for Asia and the Pacific.
“These standards need to have the force of law and made real, in workplace and in domestic settings, to ensure that women are free from violence and that there is access to justice when violence does occur.”
The judicial dialogue was opened by Malaysia’s first female Chief Justice, The Right Honourable Tan Sri Tengku Maimun binti Tuan Mat. The Chief Justice emphasized during her keynote speech the need for regular capacity strengthening initiatives for judges to be aware of gender-related issues. She emphasized further that “Judicial stereotyping can undermine the ability of women to exercise and enforce other rights guaranteed by law.”
This message was echoed by Carla Silbert of UN Women who said: “We see that women are often impacted disproportionately and thus judges should uphold women’s rights as human rights. It is a crucial role for the court to deliver justice with gender sensitivity.”
ICJ Commissioner Dato Ambiga Sreenavasan and the Ambassador of Sweden to Malaysia, Dag Juhlin-Dannfelt addressed the ongoing reforms in Malaysia and gender equality.
“Malaysia has its first female Chief Justice and has shown a remarkable growth of female leaders in influential positions. However, the participation of women in the labor workforce is still very low and it remains a challenge for us,” said Dato Ambiga Sreenavasan, Commissioner of the ICJ.
“The drive for democracy is to support and strengthen gender equality and the rule of law,” said Ambassador Dag Juhlin-Dannfelt. “ICJ’s Bangkok General Guidance for Judges on Applying a Gender Perspective in Southeast Asia is an important tool to address gender equality in judiciary.”
The dialogue included discussion on the topics of equality & non-discrimination, access to justice under international human rights law, gender stereotyping and gender discriminatory practices in cases involving women who are victims of trafficking.
Many participating judges said that they would be applying in their judicial work the tools introduced to them in the dialogue, including the Bangkok General Guidance. These could be used in decision-making, assessing evidence presented before them, and handling witnesses in their courts. Some also said that they plan to disseminate the information and tools to their colleagues in the judiciary.
Contact
Boram Jang, International Legal Adviser, Asia & the Pacific Programme, e: boram.jang(a)icj.org
Resources:
To access pictures from the event, click here.
