Eleventh Session of the Human Rights Council

Item 3

Interactive dialogue with Special Rapporteur on violence against women, its causes and consequences, Ms Yakin Ertürk (3 June 2009)

Intervention by H.E. Mr. Andrej Logar, Ambassador/Permanent Representative of the Republic of Slovenia

Thank you Mr. President,

Slovenia fully aligns itself to the statement by CzechRepublic on behalf of the European Union.

On behalf of Slovenian Government I would like to thank all three Special Rapporteurs presenting their reports today and taking part in the constructive exercise of interactive dialogues. In our statement we would like to focus on the report of the Special Rapporteur on violence against women, its causes and consequences,Ms Yakin Ertürk.

Ms Special Rapporteur, we would like to thank for your exhaustive report to the Human Rights Council including the thematic report on the political economy of women’s human rights. Your work with all the activities, several meetings and fact-finding missions as well as the conclusions and recommendations issued from this work, largely contributes to the improving of the gender equality and to the diminishing the violence against women which still exist in all regions. It confirms also that there is universality of violence against women.

One of grounds for violence against women are gender based policies and laws. Many legal provisions, such as those with regard to marriage and family relations, political and public life, citizenship, inheritance, sexual and reproductive health, discriminate against women and continue to pose serious challenges to social, cultural, economic and political empowerment of women and gender equality. In this context and in relation with your overall work, we would like to ask you the following questions:

- Despite the numerous commitments made and the work of existing UN mechanisms – political forums and treaty bodies, including their special procedures, elimination of laws and practices that discriminate against women is not yet accomplished. The response to failure to meet the commitments made and to fulfil the obligations undertaken was an initiative to establish a Special Mechanism on Equality Before the Law/on Laws that Discriminate against Women. During the last four years the added value of such a mechanism has been discussed. What is your view in respect to this initiative? Would such a new mechanism accelerate achievement of the commitment to eliminate discriminatory legal provisions and practices, which continue to generate gender inequalities and consequently maintain an environment conducive to violence against women?

- In your report you address also the cases of violence against Dalit women in South Asia which are socially segregated and discriminated because positioned at the bottom of caste, class and gender hierarchies. In spite of international and national legal mechanism, providing equal rights for women and men, concluded and ratified by their countries, Dalit women still face multiple forms of discrimination and violence. How can impunity of violence against Dalit women be addressed in law? Could specific legislation be introduced? What type of legislation is needed to protect Dalit women from marital rape, communal sexual violence, and rape as punishment for breaking caste-taboos? How does the Special Rapporteur suggest access to justice for Dalit women can be improved?

Thank you Mr. President.

UNITED NATIONS Human Rights Council

ON EQUALITY BEFORE THE LAW: CONCRETE STEPS TO FURTHER WOMEN’S EQUALITY

Intervention by H.E. Mr. Andrej Logar, Ambassador/Permanent Representative of the Republic of Slovenia

Mr/Mrs President,

Slovenia aligns itself with the statement delivered by the Czech Republic on behalf of the European Union and would like to make some additional comments in a national capacity.

The United Nations has been a constant partner and ally of women in the setting of legal standards and in devising policy responses to ensure freedom from discrimination on the ground of sex and gender. Despite these continuous efforts of the United Nations system, its political forums and human rights treaty bodies, and despite significant progress achieved in the promotion of the human rights of women, legal provisions that constitute a direct or indirect discrimination against women continue to exist in all regions of the world. Sometimes, such provisions may be found even in new or recently amended legislation. This is why Slovenia supports the initiative to establish a special mechanism on equality before the law. We are convinced that such an instrument would help diminish the gender-based inequalities in legislation and would constitute a step forward in reducing the gap between the rights of women and men in law and afterwards in practice.

When women and girls are denied human rights in one of the substantive areas such as the right to sexual and reproductive health, they remain invisible and excluded from the protection and benefits in other areas. All human rights of women are interdependent and touch upon all aspects of everyday life and all individuals in their diversity. When women are compelled to have children during their childhood or to have more children then they want, inequalities between women and men exacerbate. In most cases, a limitation on women’s choice in matters of sexuality and reproduction limits the enjoyment of their rights to education and consequently their economic independence.

When laws and practices go against the cherished international standards such as women’s right to free and full consent to marriage, the right to equality with the partner throughout a marriage and at its dissolution, and the right to inheritance and property, they require serious international attention. Through various discriminatory legal provisions, the economic status of women remains unequal and consequently limits their participation in public and political decision-making.

Mr/Mrs President,

Slovenia believes that it is time to take up further challenges of improving the lives of women and girls by granting them full enjoyment of human rights on the basis of equality with men and without legal obstacles.

Thank you, Mr/Mrs President.