A/HRC/13/39/Add.5
under this provision in June 2008, a Danish couple of Sudanese origin was arrested on
suspicion of having taken their two daughters to Sudan in 2003 for circumcision.149
203. Frequently, I have also sent specific communications to Governments who
reportedly did not take the risk of FGM upon return into consideration when deciding on
claims for asylum, such as in the case of a mother of three children in Nigeria. A fourth
child, her eldest daughter, had allegedly died on 16 July 1994, when she was 18 months
old, as a result of profuse bleeding arising from the forcible perpetration of FGM on her.
Her husband’s family had insisted on carrying out FGM on her. On at least three occasions,
members of the extended family had tried to kidnap the two remaining girls, the mother and
her husband decided that she and the children should leave Nigeria for their safety. The
mother, together with her two daughters, claimed asylum in Ireland in January 2005 on the
basis that she feared for the safety of her two younger daughters, but their claim was
reportedly turned down.150
4.
The most current form of violence against women, however, is perpetrated by
husbands and other intimate partners
204. While in some countries the use of violence against women is still legal and
husbands who “discipline” their wives are exempt from criminal liability, the legal systems
of many countries I have visited, such as Moldova, Uruguay and Kazakhstan,151 provided
for some form of prohibition of domestic violence and other safeguards, like the possibility
of granting protective orders obliging the perpetrator to stay away from the victim.
Denmark is to be mentioned as a particularly positive example, having put into place a
number of measures that have shown positive effects, decreasing the number of reported
incidents. These measures include a comprehensive criminalization of rape and ‘stalking’;
the provision of assault alarms to women at risk; the establishment of a nationwide network
of free local counselling services for victims; the obligation to carry out ex officio criminal
investigations of assault cases; strategies and plans of action in this regard.152
205. A recurring theme in most countries, however, was the lack of awareness among
public officials of the need to address domestic violence. In Uruguay, for example, I was
alarmed to hear about the increasing number of reported cases of domestic violence, some
of them even after precautionary measures were imposed by the judiciary. A clear example
of this trend was that in 2008, five women were killed as a result of domestic violence,
despite the fact that they had obtained precautionary measures from a judge. Some of the
difficulties faced in effectively addressing domestic violence were the reluctance of judges
to implement the law and the lack of an enforcement procedure. In Kazakhstan, despite
reports of widespread violence against women within families, measures were taken only if
domestic violence resulted in serious injuries. Lack of awareness and sensitivity or
prejudices of police and judicial personnel make women who file complaints particularly
prone to possible re-victimization.
206. Another observation I made in many countries was that the infrastructure to support
survivors of domestic violence was often lacking. In Moldova, only one shelter existed in
July 2008, which was privately run and situated in the capital. In Uruguay, there were no
shelters for women at all. In light of these shortcomings, I call on all Governments to
149
150
151
152
Politiken.dk, “Forældre anholdt for omskæring af døtre”, 12 June 2008, http://politiken.dk/
indland/article523017.ece.
A/HRC/10/44/Add.4, para. 174.
A/HRC/10/44/Add.3, para. 53; A/HRC/13/39/Add.2, para. 72 and A/HRC/13/39/Add.3, para. 37.
A/HRC/10/44/Add.2, paras. 49 et. seq.
55
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