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Key Text Integration of the Human Rights of Women and the Gender Perspective: Violence Against Women

Author: R Coomaraswamy
Date: 2000
Size: 38 pages (148 KB)

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Summary

What are the root causes of trafficking of women? How can states better tackle this problem and protect the human rights of trafficked women? This report from the United Nations (UN) Special Rapporteur on violence against women examines these questions, as well as critiquing current international legislation on people trafficking. It emphasises the duty of states to prevent violations, and how the feminisation of poverty has led to the feminisation of migration.

Currently, the main international instrument relating to trafficking is the 1949 Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others. It is ineffective in combating trafficking and protecting the rights of women, and suffers from a number of defects. It fails to define trafficking, and by confining its understanding of trafficking to prostitution, fails to protect vast numbers of women. In addition, it views women as vulnerable beings in need of protection from 'the evils of prostitution' rather than as being endowed with rights and reason.

The State fails to provide independent legal protections for documented, and particularly undocumented immigrant women, and to deal with women's social and cultural marginalisation. In this way, it places women in situations of enhanced vulnerability to violence.

Trafficked women are more likely to suffer violence, due to the culture of impunity that exists in relation to violations committed by traffickers, and the lack of rights, remedies and redress afforded to trafficked persons.
Violence and threats of violence against women are common. Rape and other forms of sexual violence are often used to break women physically and mentally to ensure their compliance in forced labour, irrespective of the type of work they are to perform. They are also often deprived of their liberty by both state and non-state actors.
Governments adopt a law and order approach to trafficking, and a strong anti-immigration policy. This is often at odds with the protection of human rights, can force migrant women into the hands of traffickers and lead to them being treated and perceived as criminals.
Trafficking in women flourishes because the vulnerabilities arising from women's lack of access to resources, poverty and gender discrimination are maintained, with the collusion of the market, state, community and family unit.

Any strategy to combat trafficking must be assessed in terms of whether and how it provides protection for the human rights of women.

When trafficked women appear in the developmental agenda it is as objects of discursive and practical projects which aim to rescue, rehabilitate, improve, discipline, control and police them.
There is a need to move from this paradigm to one designed to protect and promote women's civil, political, economic and social rights. Protection is vital both in countries of origin and countries of destination.
States should adopt bilateral and multilateral agreements providing for the legal labour migration of women. This has been shown to reduce reliance on third parties who seek to profit from migration.
States should support the institutionalisation of the rule of law in countries in transition, in situations of armed conflict or under military regimes.
Measures designed to limit women's legal entry into countries of destination should be weighed against the disadvantages to potential immigrants and women. Victims must be guaranteed: Adequate medical and psychological care; HIV testing and counselling; the right to press criminal charges against perpetrators; free legal assistance; and freedom from persecution and harassment by those in authorit

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Source: United Nations, 2000, 'Integration of the Human Rights of Women and the Gender Perspective: Violence Against Women', Report of the United Nations Special Rapporteur on Violence Against Women