اليوم الدولى للقضاء على العنف ضد المرأة - أعلن تضامنى اللامحدود..

UNITED A
NATIONS
General Assembly
Distr.
GENERAL
A/RES/48/104
23 February 1994
Forty-eighth session
Agenda item 111
RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY
[on the report of the Third Committee (A/48/629)]
48/104. Declaration on the Elimination of Violence against
Women
The General Assembly,
Recognizing the urgent need for the universal application to women of
the rights and principles with regard to equality, security, liberty,
integrity and dignity of all human beings,
Noting that those rights and principles are enshrined in international
instruments, including the Universal Declaration of Human Rights, 1/ the
International Covenant on Civil and Political Rights, 2/ the International
Covenant on Economic, Social and Cultural Rights, 2/ the Convention on the
Elimination of All Forms of Discrimination against Women 3/ and the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
4/
Recognizing that effective implementation of the Convention on the
Elimination of All Forms of Discrimination against Women would contribute to
the elimination of violence against women and that the Declaration on the
Elimination of Violence against Women, set forth in the present resolution,
will strengthen and complement that process,
___________
1/ Resolution 217 A (III).
2/ See resolution 2200 A (XXI), annex.
3/ Resolution 34/180, annex.
4/ Resolution 39/46, annex.
/...
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Concerned that violence against women is an obstacle to the achievement
of equality, development and peace, as recognized in the Nairobi Forwardlooking
Strategies for the Advancement of Women, 5/ in which a set of measures
to combat violence against women was recommended, and to the full
implementation of the Convention on the Elimination of All Forms of
Discrimination against Women,
Affirming that violence against women constitutes a violation of the
rights and fundamental freedoms of women and impairs or nullifies their
enjoyment of those rights and freedoms, and concerned about the long-standing
failure to protect and promote those rights and freedoms in the case of
violence against women,
Recognizing that violence against women is a manifestation of
historically unequal power relations between men and women, which have led to
domination over and discrimination against women by men and to the prevention
of the full advancement of women, and that violence against women is one of
the crucial social mechanisms by which women are forced into a subordinate
position compared with men,
Concerned that some groups of women, such as women belonging to minority
groups, indigenous women, refugee women, migrant women, women living in rural
or remote communities, destitute women, women in institutions or in detention,
female children, women with disabilities, elderly women and women in
situations of armed conflict, are especially vulnerable to violence,
Recalling the conclusion in paragraph 23 of the annex to Economic and
Social Council resolution 1990/15 of 24 May 1990 that the recognition that
violence against women in the family and society was pervasive and cut across
lines of income, class and culture had to be matched by urgent and effective
steps to eliminate its incidence,
Recalling also Economic and Social Council resolution 1991/18 of 30 May
1991, in which the Council recommended the development of a framework for an
international instrument that would address explicitly the issue of violence
against women,
Welcoming the role that women’s movements are playing in drawing
increasing attention to the nature, severity and magnitude of the problem of
violence against women,
Alarmed that opportunities for women to achieve legal, social, political
and economic equality in society are limited, inter alia, by
continuing and endemic violence,
__________
5/ Report of the World Conference to Review and Appraise the
Achievements of the United Nations Decade for Women: Equality, Development
and Peace, Nairobi, 15-26 July 1985 (United Nations publication, Sales
No. E.85.IV.10), chap. I, sect. A.
/...
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Convinced that in the light of the above there is a need for a clear and
comprehensive definition of violence against women, a clear statement of the
rights to be applied to ensure the elimination of violence against women in
all its forms, a commitment by States in respect of their responsibilities,
and a commitment by the international community at large to the elimination of
violence against women,
Solemnly proclaims the following Declaration on the Elimination of
Violence against Women and urges that every effort be made so that it becomes
generally known and respected:
Article 1
For the purposes of this Declaration, the term "violence against
women" means any act of gender-based violence that results in, or is
likely to result in, physical, sexual or psychological harm or suffering
to women, including threats of such acts, coercion or arbitrary
deprivation of liberty, whether occurring in public or in private life.
Article 2
Violence against women shall be understood to encompass, but not
be limited to, the following:
(a) Physical, sexual and psychological violence occurring in the
family, including battering, sexual abuse of female children in the
household, dowry-related violence, marital rape, female genital
mutilation and other traditional practices harmful to women, non-spousal
violence and violence related to exploitation;
(b) Physical, sexual and psychological violence occurring within
the general community, including rape, sexual abuse, sexual harassment
and intimidation at work, in educational institutions and elsewhere,
trafficking in women and forced prostitution;
(c) Physical, sexual and psychological violence perpetrated or
condoned by the State, wherever it occurs.
Article 3
Women are entitled to the equal enjoyment and protection of all
human rights and fundamental freedoms in the political, economic,
social, cultural, civil or any other field. These rights include, inter
alia:
(a) The right to life; 6/
(b) The right to equality; 7/
_____________
6/ Universal Declaration of Human Rights, article 3; and
International Covenant on Civil and Political Rights, article 6.
7/ International Covenant on Civil and Political Rights, article 26.
/...
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(c) The right to liberty and security of person; 8/
(d) The right to equal protection under the law; 7/
(e) The right to be free from all forms of discrimination; 7/
(f) The right to the highest standard attainable of physical and
mental health; 9/
(g) The right to just and favourable conditions of work; 10/
(h) The right not to be subjected to torture, or other cruel,
inhuman or degrading treatment or punishment. 11/
Article 4
States should condemn violence against women and should not invoke
any custom, tradition or religious consideration to avoid their
obligations with respect to its elimination. States should pursue by
all appropriate means and without delay a policy of eliminating violence
against women and, to this end, should:
(a) Consider, where they have not yet done so, ratifying or
acceding to the Convention on the Elimination of All Forms of
Discrimination against Women or withdrawing reservations to that
Convention;
(b) Refrain from engaging in violence against women;
(c) Exercise due diligence to prevent, investigate and, in
accordance with national legislation, punish acts of violence against
women, whether those acts are perpetrated by the State or by private
persons;
_____________
8/ Universal Declaration of Human Rights, article 3; and
International Covenant on Civil and Political Rights, article 9.
9/ International Covenant on Economic, Social and Cultural Rights,
article 12.
10/ Universal Declaration of Human Rights, article 23; and
International Covenant on Economic, Social and Cultural Rights, articles 6 and
7.
11/ Universal Declaration of Human Rights, article 5; International
Covenant on Civil and Political Rights, article 7; and Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
/...
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(d) Develop penal, civil, labour and administrative sanctions in
domestic legislation to punish and redress the wrongs caused to women
who are subjected to violence; women who are subjected to violence
should be provided with access to the mechanisms of justice and, as
provided for by national legislation, to just and effective remedies for
the harm that they have suffered; States should also inform women of
their rights in seeking redress through such mechanisms;
(e) Consider the possibility of developing national plans of
action to promote the protection of women against any form of violence,
or to include provisions for that purpose in plans already existing,
taking into account, as appropriate, such cooperation as can be provided
by non-governmental organizations, particularly those concerned with the
issue of violence against women;
(f) Develop, in a comprehensive way, preventive approaches and
all those measures of a legal, political, administrative and cultural
nature that promote the protection of women against any form of
violence, and ensure that the re-victimization of women does not occur
because of laws insensitive to gender considerations, enforcement
practices or other interventions;
(g) Work to ensure, to the maximum extent feasible in the light
of their available resources and, where needed, within the framework of
international cooperation, that women subjected to violence and, where
appropriate, their children have specialized assistance, such as
rehabilitation, assistance in child care and maintenance, treatment,
counselling, and health and social services, facilities and programmes,
as well as support structures, and should take all other appropriate
measures to promote their safety and physical and psychological
rehabilitation;
(h) Include in government budgets adequate resources for their
activities related to the elimination of violence against women;
(i) Take measures to ensure that law enforcement officers and
public officials responsible for implementing policies to prevent,
investigate and punish violence against women receive training to
sensitize them to the needs of women;
(j) Adopt all appropriate measures, especially in the field of
education, to modify the social and cultural patterns of conduct of men
and women and to eliminate prejudices, customary practices and all other
practices based on the idea of the inferiority or superiority of either
of the sexes and on stereotyped roles for men and women;
(k) Promote research, collect data and compile statistics,
especially concerning domestic violence, relating to the prevalence of
different forms of violence against women and encourage research on the
causes, nature, seriousness and consequences of violence against women
and on the effectiveness of measures implemented to prevent and redress
violence against women; those statistics and findings of the research
will be made public;
(l) Adopt measures directed towards the elimination of violence
against women who are especially vulnerable to violence;
/...
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(m) Include, in submitting reports as required under relevant
human rights instruments of the United Nations, information pertaining
to violence against women and measures taken to implement the present
Declaration;
(n) Encourage the development of appropriate guidelines to
assist in the implementation of the principles set forth in the present
Declaration;
(o) Recognize the important role of the women’s movement and
non-governmental organizations world wide in raising awareness and
alleviating the problem of violence against women;
(p) Facilitate and enhance the work of the women’s movement and
non-governmental organizations and cooperate with them at local,
national and regional levels;
(q) Encourage intergovernmental regional organizations of which
they are members to include the elimination of violence against women in
their programmes, as appropriate.
Article 5
The organs and specialized agencies of the United Nations system
should, within their respective fields of competence, contribute to the
recognition and realization of the rights and the principles set forth
in the present Declaration and, to this end, should, inter alia:
(a) Foster international and regional cooperation with a view to
defining regional strategies for combating violence, exchanging
experiences and financing programmes relating to the elimination of
violence against women;
(b) Promote meetings and seminars with the aim of creating and
raising awareness among all persons of the issue of the elimination of
violence against women;
(c) Foster coordination and exchange within the United Nations
system between human rights treaty bodies to address the issue of
violence against women effectively;
(d) Include in analyses prepared by organizations and bodies of
the United Nations system of social trends and problems, such as the
periodic reports on the world social situation, examination of trends in
violence against women;
(e) Encourage coordination between organizations and bodies of
the United Nations system to incorporate the issue of violence against
women into ongoing programmes, especially with reference to groups of
women particularly vulnerable to violence;
(f) Promote the formulation of guidelines or manuals relating to
violence against women, taking into account the measures referred to in
the present Declaration;
/...
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(g) Consider the issue of the elimination of violence against
women, as appropriate, in fulfilling their mandates with respect to the
implementation of human rights instruments;
(h) Cooperate with non-governmental organizations in addressing
the issue of violence against women.
Article 6
Nothing in the present Declaration shall affect any provision that
is more conducive to the elimination of violence against women that may
be contained in the legislation of a State or in any international
convention, treaty or other instrument in force in a State.
85th plenary meeting
20 December 1993