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Using Human Rights in the Fight against Violence against Women

Using Human Rights in the Fight against Violence against Women. Introduction. Workshop for community advocates and service providers on using human rights in the fight against violence Purpose: improve understanding of human rights related to violence

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Using Human Rights in the Fight against Violence against Women

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  1. Using Human Rights in the Fight against Violence against Women

  2. Introduction • Workshop for community advocates and service providers on using human rights in the fight against violence • Purpose: • improve understanding of human rights related to violence • develop capacity of community advocates and service providers to use human rights • Public Interest Law Clearing House (Vic) Inc and Department of Planning and Community Development

  3. Violence against Women in Australia • 1 in 3 women experience physical violence • 1 in 5 women experience sexual violence • Aboriginal women are 40 times more likely to experience domestic violence • International evidence suggests that 80% of women with intellectual disabilities have experienced some form of sexual abuse • Access Economics Report estimated that, in 2002-2003, domestic violence cost Australia over $8 billion

  4. Why Use Human Rights in the Fight against Violence? • Violence is a systemic issue requiring a legal and social response • Tool to hold Government accountable for violence • Universally agreed set of norms and principles • Human rights have legitimacy and currency with Government • Government doesn’t want to be embarrassed by violating rights • Private sector is now more accepting of rights; applies pressure on Govt • We can learn from how rights have been applied to address violence elsewhere • Clarity of framework (esp where there are competing rights)

  5. What are human rights? • Human rights are those rights one needs to live a dignified life (a life worthy of a human being) • Human rights are: • derived from human dignity • universal, core minimum standards • common sense and common values • essential in a democratic and inclusive society that respects the rule of law, human dignity, equality and freedom (Victorian Charter) • Human rights belong to all humans by virtue of them being human. They are universal and inalienable

  6. What are human rights? Freedom movement, assembly & association, forced work, expression, thought & religion, liberty & security, fair hearing Respect life, protection of families and children, cultural rights, property Equality non-discrimination, equal recognition, participation Dignity torture & cruel treatment, privacy & reputation, humane treatment in detention

  7. What are human rights? Examples of key human rights include: Civil and political rights Economic, social and cultural rights Right to life Right to health Right to privacy Right to food Freedom from discrimination Right to adequate shelter Freedom of expression Right to work and to just conditions of work Freedom from slavery Right to education Right to liberty and security Cultural rights Right to a fair hearing Protection of families and children Freedom from torture Right to an adequate standard of living Freedom of religion Right to social security

  8. Human rights obligations • Obligation to respect rights • Government must not violate human rights • Obligation to protect rights • Government must protect others from violating human rights • Obligation to fulfill rights • Government must take positive steps to ensure that human rights are enjoyed by all persons

  9. Where do we find human rights in Australia? Human rights legislation / Australia’s Human Rights Framework • No Bill of Rights at the federal level – NHRC • Victoria has the Charter of Human Rights and Responsibilities Act 2006 (Vic) Australian Constitution • Express and implied rights (nothing about violence) Federal and state legislation • Age Discrimination Act 2004 (Cth); Disability Discrimination Act 1992 (Cth); Racial Discrimination Act 1975 (Cth); Sex Discrimination Act 1984 (Cth) • Family Violence Prevention Act 2008 (Vic); Equal Opportunity Act 2010 (Vic) Common law (ie, court-made law)

  10. Victorian Charter • Charter protects and promotes human rights in Victoria • It requires all arms of Vic Govt (executive, legislature, judiciary) to act compatibly with human rights • Charter applies to public authorities • Public authorities are bodies that perform public functions • A private entity performing a public function will be a public authority • Examples include police and public health providers

  11. Victorian Charter and Violence • No explicit provision on gender-based violence • Right to recognition and equality before the law (s 8) • Right to life (s 9) • Freedom from torture and cruel, inhuman or degrading treatment (s 10) • Freedom of movement (s 12) • Right to protection of families and children (s 17) • Right to liberty and security of person (s 21) NB: 4 year review of the Victorian Charter

  12. Comparative approaches to violence • R v. Ewanchuk (Canada) • Maria da Penha v. Brazil (IACHR) • How could the Victorian Charter be used in a similar way?

  13. Where do we find human rights internationally? • International Covenant on Civil and Political Rights (ICCPR)  • International Covenant on Economic, Social and Cultural Rights (ICESCR)  • Convention on the Elimination of Racial Discrimination (CERD)  • Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)  • Convention on the Rights of the Child (CRC)  • Convention against Torture and Other Cruel, Inhuman or Degrading Treatment (CAT)  • Convention on the Rights of Persons with Disabilities (CRPD)  • Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 

  14. CEDAW and Violence • CEDAW does not explicitly prohibit VAW • General Recommendation No. 19 • VAW = discrimination against women • VAW = human rights violation • States must take positive steps to eliminate VAW • State agents and officials must not commit VAW • State agents and officials must protect women against violence perpetrated by private actors • Other rights include right to health, right to equality in marriage and family relations, right to employment • What if domestic avenues fail? Optional Protocol to CEDAW

  15. Using human rights to protect against violence • Empower victims/survivors • Protect and promote rights of victims/survivors • Advocacy work • Policy and law reform work • Community education • Media engagement • Funding applications

  16. Using human rights to protect against violence Small group exercises on using human rights in the fight against violence Group 1: exercises 1-2 Group 2: exercises 1-3 Report back

  17. Further Information PILCH Level 17, 461 Bourke Street, Melbourne VIC 3000 Tel: 8636 4414 (Lucy) or 8636 4415 (Simone) E: lucy.mckernan@pilch.org.au or simone.cusack@pilch.org.au South West CLC 50 Fairy Street, Warrnambool VIC 3280 Tel: 1300 361 680 E: wjones@comconnect.com.au

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