Violence against women
(15) Although the Committee takes note of the various measures introduced by the State party to combat and
eliminate violence against women, it remains concerned by the prevalence of all forms of violence against women
and girls in Nicaragua and by the rise in the number of murders of women over the past few years as part of the
wider problem of gender violence, particularly domestic and sexual violence. The Committee notes with concern
that victims have insufficient access to justice, that information on the court sentences and punishments imposed for
violence against women is lacking and that a means to assess the effectiveness of measures adopted to eradicate all
forms of violence against women and girls is unavailable (art. 16).
The Committee urges the State party to devote priority attention to the adoption of comprehensive
measures to combat and eliminate violence against women. The Committee calls upon the State party
to ensure the full implementation of legislation on violence against women, to bring the perpetrators to
justice and to impose due punishment. The Committee urges the State party to ensure that all victims
of violence have access to immediate redress, protection, support and legal assistance. The Committee
further recommends that ongoing training activities should be organized for police officers, especially
those serving in the Special Police Units for Women, on the questions of gender violence and violence
against children. In accordance with the latest concluding comments of the Committee on the
Elimination of Discrimination against Women (CEDAW/C/NIC/CO/6) of February 2007, the
Committee urges the State party to adopt and put into practice an integrated and multifaceted
national strategy to eliminate violence against women and girls. This strategy should include legal,
educational, financial and social components. The Committee also requests the State party to include
detailed information in its next periodic report on the measures adopted and their results and, in
particular, to provide data on the number and type of reported cases of violence against women, the
sentences passed and the penalties imposed on perpetrators, and the assistance provided and
compensation granted to victims.
(16) The Committee is deeply concerned by the general prohibition of abortion set forth in articles 143-145 of the
Criminal Code, even in cases of rape, incest or apparently life-threatening pregnancies that in many cases are the
direct result of crimes of gender violence. For the woman in question, this situation entails constant exposure to the
violation committed against her and causes serious traumatic stress and a risk of long-lasting psychological
problems such as anxiety and depression. The Committee also notes with concern that women who, for the reasons
mentioned above, seek an abortion face the risk of being penalized for doing so. The Committee is also concerned
that the law authorizing therapeutic abortion in such cases was repealed by Parliament in 2006 and that, since the
prohibition was adopted, there have been several documented cases in which the death of a pregnant woman has
been associated with the lack of timely medical intervention to save her life, in clear violation of numerous ethical
standards of the medical profession. The Committee also notes with concern that medical personnel may be
investigated and punished by the State party for carrying out a therapeutic abortion under sections 148 and 149 of
the Criminal Code (art. 16).
The Committee urges the State party to review its legislation on abortion, as recommended by the
Human Rights Council, the Committee on the Elimination of Discrimination against Women and the
Committee on Economic, Social and Cultural Rights in their latest concluding observations, and to
consider the possibility of providing for exceptions to the general prohibition of abortion for cases of
therapeutic abortion and pregnancy resulting from rape or incest. The State party should, in
accordance with the guidelines issued by the World Health Organization, guarantee immediate and
unconditional treatment for persons seeking emergency medical care. The State party should also
avoid penalizing medical professionals for the exercise of their professional responsibilities.
Protection of children against torture and cruel, inhuman or degrading treatment
(17) Although the Committee takes a favourable view of the National Plan of Action for the Prevention of
Domestic and Sexual Violence, it is concerned by the fact that domestic violence, including sexual violence, and
ill-treatment of children are an enduring and persistent phenomenon in the State party (art. 16).
The Committee urges the State party to intensify its efforts to deal with ill-treatment of children in the
family and to strengthen mechanisms for combating all forms of violence, particularly in the family, at
school and in social service, educational or correctional institutions or other centres.
110
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