Third Hemispheric Report on the Implementation of the Belém Do Pará Convention

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Third Hemispheric Report on the Implementation of the Belém Do Pará Convention Third Hemispheric Report on the Implementation of the Belém do Pará Convention Prevention of Violence against Women in The Americas Paths to Follow Third Hemispheric Report on the Implementation of the Belém do Pará Convention Prevention of Violence against Women in The Americas Paths to Follow The Organization of American States (OAS) brings together the nations of the Western hemisphere to promote democracy, strengthen human rights, foster peace, security and cooperation and advance common interests. The origins of the Organization date back to 1890 when nations of the region formed the Pan American Union to forge closer hemispheric relations. This union later evolved into the OAS and in 1948, 21 nations signed its governing charter. Since then, the OAS has expanded to include the nations of the English-speaking Caribbean and Canada, and today all of the independent nations of North, Central and South America and the Caribbean make up its 35 member states. The Follow-up Mechanism to the Belém do Pará Convention (MESECVI) is an independent, consensus- based peer evaluation system that looks at the progress made by States Party to the Convention in fulfilling its objectives. MESECVI is financed by voluntary contributions from the States Party to the Convention and other donors, and the Inter-American Commission of Women (CIM) of the OAS acts as its Secretariat. Third Hemispheric Report on the Implementation of the Belém do Pará. Prevention of violence against women in the Americas: Paths to follow The following individuals participated in this investigation: Raizabel Diaz Acero; Veronica Carmona Barrenechea; Giuseppe Messsina; Mireidis Marcano Cabello of CENADEDH; and Eva Villarreal Pascual of the Technical Secretariat of the MESECVI. Coordinated by Luz Patricia Mejía Guerrero, Technical Secretary of the MESECVI. Copyright 2017 All rights reserved Inter-American Commission of Women. Follow-up Mechanism to the Belém do Pará Convention (MESECVI). Third Hemispheric Report on the Implementation of the Belém do Pará Convention : Prevention of violence against women in the Americas: Paths to follow. p. ; cm. (OAS. Official records ; OEA/Ser.L/II ISBN 978-0-8270-6735-6 1. Women’s rights--America. 2. Women--Violence against--America. I. Title. II. Title: Prevention of violence against women in the Americas: Paths to follow. III. Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, “Convention of Belém do Pará”. IV. Series. OEA/Ser.L/II.7.10 MESECVI/CEVI/doc.242/17 Follow-up Mechanism to the Belém do Pará Convention (MESECVI) 1889 F Street NW Washington, DC, 20006 United States. Tel: 1-202-370-4579 Fax: 1-202-458-6094 E-mail: [email protected] Web Page: http://www.oas.org/en/mesecvi Twitter: @MESECVI Graphic design, layout and illustration: Elena Domínguez Cover page photos: https://www.flickr.com/photos/horusfalcon35/15268386849/ https://www.flickr.com/photos/horusfalcon35/15268419679/ https://www.flickr.com/photos/mexicosolidarity/304538277/ | Contents PROLOGUE ................................................................................................. 1 Chapter 1. MESECVI 4 MESECVI: Establishment and Operation of the Follow up Mechanism to the Belém do Pará Convention .................................................................. 5 Background on the Development of the Third Hemispheric Evaluation Report ....................................................................................................... 8 Chapter 2. Obligation to Prevent in the Belém do Pará Convention 12 1. Different Forms of Violence against Women and Unequal Relationships of Power ....................................................................... 14 2. The Duty to Prevent Violations of the Human Rights of Women in Conformance with the Belém do Pará Convention ................................. 18 2.1 The international responsibility of the States for violation of the duty to prevent .................................................................................. 24 2.2 General and Special Prevention of violence against women .................... 27 Chapter 3. General Prevention, Legislation, National Plans, Information and Statistics, and Budget 32 1. Regulatory Framework and Legislative Progress .................................. 36 a) Existence of laws and/or public policies directed at preventing and eradicating discriminatory behavior or cultural practices based on the subordination or inferiority of women ........................................ 37 b) Laws Prohibiting Femicide ............................................................. 43 c) Regulations governing the right of people to be educated in an environment free from violence and discrimination in educational institutions. ....................................................................................... 46 d) Law or National Policy that guarantees a life free from violence and that considers ethnic diversity ............................................................ 50 e) Law or national policy that guarantees a life free from violence for girls, adolescents, adult and elderly women with physical or psychosocial (psychological) disabilities ............................................... 51 f) National mental health law or policy that specifically mentions the right to a life free from violence .................................................... 53 g) Law or national policy to guarantee a life free from violence for migrant, displaced or otherwise deprived of freedom girl children and adolescents, adult and older women .............................................. 55 h) Law that incorporates the right to gender identity and sexual diversity ........................................................................................... 58 1.1 Intercultural Regulatory Framework ..................................................... 59 a) Recognition of intercultural citizens in national legislation, taking into account the rights of rural, indigenous communities and their practices and knowledge ...................................................... 59 b) Processes for the development of national laws or policies that guarantee a life free from violence and address diversity ....................... 61 I. States that advance the development of laws ..................................... 61 II. States that pass public policies, plans and programs on disability ....................................................................................... 62 1.2 Action and Treatment Protocols and the Monitoring of their Application ....................................................................................... 63 a) Action and treatment protocols for violations of the right of women and girl children to be educated free from stereotyped behavior patterns and social and cultural practices based on the inferiority or subordination of women in public and private educational institutions ....................................................................................... 64 b) Action protocols on the different forms of violence for justice personnel, healthcare (providers), educators, and public servants ........... 65 c) Existence of protocols for investigation and judgment with a gender perspective ............................................................................ 66 d) Monitoring reports on the knowledge, understanding and application of protocols and specific regulations on the rights of women, as part of periodic evaluations to access incentives, credits and tiers (in the justice, healthcare and education sectors) ................... 67 e) Existence of administrative entities for the establishment of complaints for failure to implement the obligations associated with the right to an education free from discrimination ................................ 69 2 National Plans ................................................................................... 70 2.1 Execution and implementation of Plans/Strategies/National Actions to prevent punish and eradicate violence against women ....................... 71 a) States that advance public policies for the prevention of violence against women ................................................................................. 72 b) Existence of a national, state or municipal policy to eliminate gender stereotypes in education .......................................................... 72 c) Existence of public or private observatories for discriminatory behavior or institutional practices against women ................................. 74 d) Opinion polls on the identification of violence against women ............ 75 2.2 Execution and implementation of Plans/Strategies/National Actions to prevent, punish and eradicate violence against women that address diversity ......................................................................... 75 a) States that advance public policies plans and programs on disability .......................................................................................... 75 b) States that advance public policies plans and programs to address the prevention of violence against women that include a diversity perspective ........................................................................... 76 c) States that advance public policies plans and programs to address indigenous and intercultural issues ......................................... 76 2.3 Education and training plans for decision-making bodies and authorities on the issue of human rights of
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