PART II
5
INTERNATIONAL
HUMAN RIGHTS
STANDARDS
Impose criminal penalties where necessary;
Prohibit any defence of “honour” in regard to the assault or killing of a female
family member;
Provide provision of safe refuge for victims of family violence and support services.
Cultural relativism is often used as an excuse to permit inhumane and discriminatory practices against women in the community, despite clear provisions against such practices in
many human rights instruments. The OSCE commitments are firm in their dedication to
equal opportunities for women and men. To realize this equality, violence against women
must be eradicated; cultural peculiarities cannot be used to excuse violence. For example,
the Moscow Document states that full and true equality is a fundamental aspect of a just
and democratic society based on the rule of law. This is a firm commitment that every citizen should have the same protection by the judicial system, which goes beyond mere legislation.
Other appropriate measures also include, inter alia, provision of social services for women
victims of violence and ensuring that public officials entrusted with implementing the laws
have adequate training to sensitize them to the needs of women.
If a case involving violence against women is brought to the attention of the mission and
the complaint is based on a criminal act in which the state was not involved, the state still
has a responsibility to protect the victim and to prosecute the perpetrator. If the state is
not fulfilling these responsibilities in an individual case, or especially if there is a clear pattern of state failure to meet its responsibilities in such cases, the complaint might also be
cause for follow-up by a field mission.
5.4
DETENTION
5.4.1 ARBITRARY ARREST AND PRE-TRIAL DETENTION
In all OSCE participating States, people can be arrested and detained on the suspicion that
they have committed a criminal offence. Whatever the reason for pre-trial detention, and
whatever term may be used for it, e.g., “administrative detention”, “preventive detention”,
“arrest”, etc., persons detained by the authorities for any reason are entitled to a number of
rights and protections. OSCE commitments and other international standards spell out
that no one will be subject to arbitrary arrest or detention.
48
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