2014

UNHRC

BACKGROUND GUIDE

JKMUN-2014

UNTIED NATIONS HUMAN RIGHTS COUNCIL

2 UNHRC JKMUN-2014

INDEX

Letter From The Executive Board.......................................................................3

Committee Structure .........................................................................................4

Overview..................................................................................................4

Structure..................................................................................................5

Agenda...............................................................................................................6

Overview...................................................................................................7

Violations Against Women..................................................................................7

Trafficking Of women................................................................................7

Violence Against Women In Custody.........................................................8

Acid Burning And Dowry Deaths................................................................8

"Honor" Killing...........................................................................................8

Domestic Violence.....................................................................................8

Gender Based Asylum................................................................................9

The Problem Of Impunity .........................................................................9

Education...................................................................................................9

Female Infanticide And Sex-Selective Abortion ......................................10

The International Framework............................................................................10

The UN Declaration On The Elimination Of Violence Against Women...11

The Convention On The Elimination Of Discrimination Against Women

(CEDAW)..................................................................................................11

The CEDAW Committee...........................................................................11

The Special Rapporteur On Violence Against Women.............................11

The Working Group.................................................................................11

THE MAPUTO PROTOCOL........................................................................12

THE EU DIRECTIVE...................................................................................12

UN WOMEN.............................................................................................12

Other Links For Research Purposes...................................................................14

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LETTER FROM THE EXECUTIVE BOARD

We are thrilled to welcome you all to the UNITED NATIONS HUMAN RIGHTS COUNCIL at

JKMUN 2014. This year, UNHRC will reach new pinnacle when we, together, dive deep into

the depths of knowledge and emerge victorious with our elevated level of understanding.

The vast array of topics and committee will further ensure a uniquely engaging and thought-

provoking experience for each and every delegate.

We encourage the delegates to not only be proficient in information but also show the

principle qualities of a delegate like diplomacy, agility in thinking as well as speaking skills to

name a few. It will be our pleasure to host the committee in the presence of such

enthusiastic delegates. we hope to witness a committee session of memorable experiences,

diplomatic relations and the zeal to perform with high fervour.

The Background Guide presented is a comprehensive channel to grasp a better

understanding of the agenda. The links provided herein can be used to further extend the

research scope. The Guide covers all aspects of the agenda and should be thoroughly

studied so as to create fruitful discussions during the session. The Background Guide

contains the general structure of the information which can be exploited in the committee

session.

NOTE - The Background Guide is solely for research purposes and should NOT be used as a

means to provide proof for supporting your arguments.

We wish you the best and hope to enjoy the session together. Let us transform the

committee into a whole new level of debating arena where It Plays Silver And Everybody

Speaks Golden.

The contact details of the Executive Board have been provided so that you may contact us

lest some problem might arise.

Hope to see you in the session with full zeal and enthusiasm.

EXECUTIVE BOARD - UNITED NATIONS HUMAN RIGHTS COUNCIL

TAHIL CHOUDHARY VANSHIKA SHARMA

Chairperson Director

tahil.choudhary5@gmail.com

+91-9596909983

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COMMITTEE STRUCTURE

OVERVIEW

“All victims of human rights abuses should be able to look to the Human Rights Council as a

forum and a springboard for action.”

- Ban Ki-moon, UN Secretary-General, 12 March 2007, Opening of the 4th Human Rights Council

Session

The United Nations Human Rights Council (UNHRC) is a United Nations System inter-

governmental body whose 47 member states are responsible for promoting and

protecting human rights around the world.

The UNHRC is the successor to the UN Commission on Human Rights (UNCHR, herein CHR), and

is a subsidiary body of the UN General Assembly. The council works closely with the Office of the

High Commissioner for Human Rights (OHCHR) and engages the United Nations' special

procedures.

The UNHRC has addressed conflicts including the Israeli-Palestinian conflict and also addresses

rights-related situations in countries such as in Burma, Guinea, North Korea, Côte d'Ivoire,

Kyrgyzstan, Syria, Libya, Iran, and Sri Lanka. The UNHRC also addresses important thematic

human rights issues such as freedom of association and assembly, freedom of

expression, freedom of belief and religion, women's rights, LGBT rights, and the rights of racial

and ethnic minorities.[a]

Secretaries General Kofi Annan and Ban Ki-moon, former president of the council Doru Costea,

the European Union, Canada, and the United States have accused the council of focusing

disproportionately on the Israeli–Palestinian conflict. The United States boycotted the Council

during the George W. Bush administration, but reversed its position on it during the Obama

administration. Beginning in 2009 however, with the United States taking a leading role in the

organization, American commentators began to argue that the UNHRC was becoming

increasingly relevant.

The UN General Assembly elects the members who occupy the UNHRC's 47 seats. The General

Assembly takes into account the candidate States’ contribution to the promotion and protection

of human rights, as well as their voluntary pledges and commitments in this regard. The term of

each seat is three years, and no member may occupy a seat for more than two consecutive

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terms. The seats are distributed among the UN's regional groups as follows: 13 for Africa, 13 for

Asia, six for Eastern Europe, eight for Latin America and the Caribbean (GRULAC), and seven for

the Western European and Others Group (WEOG). The General Assembly, via a two-thirds

majority, can suspend the rights and privileges of any Council member that it decides has

persistently committed gross and systematic violations of human rights during its term of

membership. The resolution establishing the UNHRC states that "members elected to the

Council shall uphold the highest standards in the promotion and protection of human rights".

On 18 June 2007, one year after holding its first meeting, the UNHRC adopted its Institution-

building package, which provides elements to guide it in its future work. Among the elements

was the Universal Periodic Review. The Universal Periodic Review assesses the human rights

situations in all 193 UN Member States. Another element is an Advisory Committee, which

serves as the UNHRC’s think tank, and provides it with expertise and advice on thematic human

rights issues, that is, issues which pertain to all parts of the world. A further element is

a Complaint procedure, which allows individuals and organizations to bring complaints about

The members of the General Assembly elect the members who occupy the UNHRC's 47 seats.

The term of each seat is three years, and no member may occupy a seat for more than two

consecutive terms. The seats are distributed among the UN's regional groups as follows: 13 for

Africa, 13 for Asia, six for Eastern Europe, eight for Latin America and the Caribbean (GRULAC),

and seven for the Western European and Others Group (WEOG). The previous CHR had a

membership of 53 elected by the Economic and Social Council (ECOSOC) through a majority of

those present and voting.

The General Assembly can suspend the rights and privileges of any Council member that it

decides has persistently committed gross and systematic violations of human rights during its

term of membership. The suspension process requires a two-thirds majority vote by the General

Assembly. The resolution establishing human rights violations to the attention of the Council.

STRUCTURE

The UNHRC states that "when electing members of the Council, Member States shall take into

account the contribution of candidates to the promotion and protection of human rights and

their voluntary pledges and commitments made thereto", and that "members elected to the

Council shall uphold the highest standards in the promotion and protection of human rights".

SESSIONS

The UNHRC holds regular sessions three times a year, in March, June, and September. The

UNHRC can decide at any time to hold a special session to address human rights violations and

emergencies, at the request of one-third of the member states. To date there have been 20

Special Sessions.

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AGENDA :

.

Combating aggression and

discrimination against

women based on gender

disparity

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Gender equality is at the very heart of human rights and United Nations values. A fundamental

principle of the United Nations Charter adopted by world leaders in 1945 is "equal rights of

men and women", and protecting and promoting women's human rights is the responsibility of

all States.

Yet millions of women around the world continue to experience discrimination:

Laws and policies prohibit women from equal access to land, property, and housing

Economic and social discrimination results in fewer and poorer life choices for women,

rendering them vulnerable to trafficking

Gender-based violence affects at least 30% of women globally

Women are denied their sexual and reproductive health rights

Women human rights defenders are ostracized by their communities and seen as a

threat to religion, honour or culture

Women’s crucial role in peace and security is often overlooked, as are the particular

risks they face in conflict situations

Moreover, some groups of women face compounded forms of discrimination -- due to factors

such as their age, ethnicity, disability, or socio-economic status -- in addition to their gender.

Effectively ensuring women’s human rights requires, firstly, a comprehensive understanding of

the social structures and power relations that frame not only laws and politics but also the

economy, social dynamics and family and community life.

Harmful gender stereotypes must be dismantled, so that women are no longer viewed in the

light of what women "should" do and are instead seen for who they are: unique individuals,

with their own needs and desires.

VIOLENCE AGAINST WOMEN : A HUMAN RIGHTS VIOLATION

Violence against women is rampant in all corners of the world. Such violence is a human rights

violation that manifests itself in a number of ways, including:

Trafficking Of Women

A recent study by La Strada has linked the trafficking of women with gender inequalities;

"Poverty, unemployment and a cultural context in which violence against women is tolerated

are among the most important causes of trafficking. Another important factor is the demand

for cheap labour and services in female-designated sectors of work. As the UN Rapporteur on

Violence against Women noted, 'the lack of rights afforded to women serves as the primary

http://www.un.org/en/documents/charter/preamble.shtml http://www.ohchr.org/EN/Issues/Women/WRGS/Pages/Land.aspx http://www.ohchr.org/EN/Issues/Women/WRGS/Pages/GenderBasedViolence.aspx http://www.ohchr.org/EN/Issues/Women/WRGS/Pages/Trafficking.aspx http://www.ohchr.org/EN/Issues/Women/WRGS/Pages/PeaceAndSecurity.aspx

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causative factor at the root of both women’s migration and trafficking in women [...]. By failing

to protect and promote women’s civil, political, economic and social rights, Governments create

situations in which trafficking flourishes.'" [La Strada, 2008]

Violence against women in custody

The imbalance of power between inmates and guards is a result of prisoners' total dependency

on correctional officers and guards' ability to withhold privileges and is manifest in direct

physical force and indirect abuses. Women are often coerced into providing sex for "favors"

such as extra food or personal hygiene products, or to avoid punishment. There is little medical

or psychological care available to inmates. Though crimes in prison such as rape are prevalent,

few perpetrators of violence against female inmates are ever held accountable. In 1997, for

example, only ten prison employees in the entire federal system were disciplined for sexual

misconduct.

Acid Burning and Dowry Deaths

Women's subjugation to men is pervasive in the political, civil, social, cultural, and economic

spheres of many countries. In such societies, a woman who turns down a suitor or does not get

along with her in-laws far too frequently becomes a victim of a violent form of revenge: acid

burning. Acid is thrown in her face or on her body and can blind her in addition to often fatal

third-degree burns. Governments do little to prevent the sale of acid to the public or to punish

those who use it to kill and maim. Similarly, the ongoing reality of dowry-related violence is an

example of what can happen when women are treated as property. Brides unable to pay the

high "price" to marry are punished by violence and often death at the hands of their in-laws or

their own husbands.

"Honour" Killings

In some societies, women are often looked upon as representatives of the honour of the family.

When women are suspected of extra-marital sexual relations, even if in the case of rape, they

can be subjected to the cruellest forms of indignity and violence, often by their own fathers or

brothers. Women who are raped and are unable to provide explicit evidence, are sometimes

accused of zina, or the crime of unlawful sexual relations, the punishment for which is often

death by public stoning. Such laws serve as a great obstacle inhibiting women from pursuing

cases against those who raped them. Assuming an accused woman's guilt, male family members

believe that they have no other means of undoing a perceived infringement of "honour" other

than to kill the woman.

Domestic Violence

Violence against women is a global pandemic. Without exception, a woman's greatest risk of

violence is from someone she knows. Domestic violence is a violation of a woman's right to

physical integrity, to liberty, and all too often, to her right to life itself. When states fail to take

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the basic steps needed to protect women from domestic violence or allow these crimes to be

committed with impunity, states are failing in their obligation to protect women from torture.

Gender Based Asylum

The UN High Commission on Refugees advocates that "women fearing persecution or severe

discrimination on the basis of their gender should be considered a member of a social group for

the purposes of determining refugee status." (Guidelines on the Protection of Refugee Women)

Such persecution may include harms unique to their gender such as, but not limited to, female

genital mutilation, forcible abortion, domestic violence that the state refuses to act on and

honour killings. However, women seeking asylum in the United States rarely gain refugee status

based on claims of gender-related violence, as U.S. asylum adjudicators apply a restrictive

interpretation of the international definition of a refugee entitled to persecution.

The Problem of Impunity

Perpetrators of violence against women are rarely held accountable for their acts. Women who

are victims of gender-related violence often have little recourse because many state agencies

are themselves guilty of gender bias and discriminatory practices. Many women opt not to

report cases of violence to authorities because they fear being ostracized and shamed by

communities that are too often quick to blame victims of violence for the abuses they have

suffered. When women do challenge their abusers, it can often only be accomplished by long

and humiliating court battles with little sympathy from authorities or the media. Violence

against women is so deeply embedded in society that it often fails to garner public censure and

outrage.

Education

The third Millennium Development Goal is directed at achieving gender equality and women’s

empowerment around the world. Improvement of equal educational opportunity contributes to

the women’s empowerment. Women have traditionally had limited access to higher education.

When women were admitted to higher education, they were encouraged to major in less-

intellectual subjects; the study of English literature in American and British colleges and

universities was instituted as a field considered suitable to women's "lesser intellects".

Educational specialties in higher education produce and perpetuate the existing segregation

between men and women. Disparity persists particularly in computer and information science,

where women receive only 21 percent of the undergraduate degrees, and in engineering,

women obtain only 19 percent of the degrees in 2008.

World literacy is lower for females than for males. Latest data from CIA World Fact book shows

that 79.7% of women are literate, compared to 88.6% of men (aged 15 and over). In some parts

of the world, girls continue to be excluded from proper public or private education. In parts

of Afghanistan, girls who go to school face serious violence from some local community

members and religious groups. According to 2010 UN estimates,

only Afghanistan, Pakistan and Yemen had less than 90 girls per 100 boys at school. Greater

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variation of gender educational discrepancy exists within countries. The situation appears to be

more critical in rural areas, for instance UNICEF statistics revealed that in Nigerian villages less

than 40 girls per 100 boys gained access to primary education. Studies of Sri Lanka economic

development suggested that increased life expectancy of girls encourages educational

investment because a longer time horizon increases the value of investments that pay out over

time.

Girls' educational opportunities and results have greatly improved in the West. Since 1991, the

proportion of women enrolled in college in the United States has exceeded the enrolment rate

for men; the gap has widened over time. As of 2007, women made up the majority—54

percent—of the 10.8 million college students enrolled in the United States.

Female infanticide and sex-selective abortion

Female infanticide is the killing of very young female children. It is an extreme form of gender

based violence. Female infanticide is more common than male infanticide, and is especially

prevalent in parts of Asia, such as parts of India and China. Recent studies suggest that over 90

million girls and women are missing in China and India as a result of systematic sex

discrimination.

Sex-selective abortion involves terminating a pregnancy based upon the predicted gender of the

baby. The abortion of female foetuses is most common in areas where the culture values male

children over females, such as parts of the People's Republic of China, India,

Pakistan, Korea, Taiwan, and the Caucasus. One reason for this preference is that males are seen

as generating more income than females. A 2011 report on Science Daily stated that the trend

grew steadily during the previous decade, and would probably cause a future shortage of

women.

THE INTERNATIONAL FRAMEWORK

Discrimination based on sex is prohibited under almost every human rights treaty - including

the International Covenant on Civil and Political Rights and the International Covenant on

Economic, Social and Cultural Rights, which under their common article 3 provide for the rights

to equality between men and women in the enjoyment of all rights.

http://en.wikipedia.org/wiki/Gender_equality

http://www.amnestyusa.org/our-work/issues/women-s-rights/violence-against-women/violence-

against-women-information

http://www.amnestyusa.org/our-work/issues/women-s-rights/violence-against-women

http://www.amnestyusa.org/our-work/issues/women-s-rights

11 UNHRC JKMUN-2014

In addition, there are treaties and expert bodies specifically dedicated to the realization of

women's human rights:

The UN Declaration on the Elimination of Violence Against Women states that:

"violence against women is a manifestation of historically unequal power relations

between men and 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."

The Convention on the Elimination of Discrimination Against Women (CEDAW)

Considered the international bill of rights for women, the Convention defines what constitutes

discrimination against women and sets an agenda for national action to end such discrimination.

It was adopted by the United Nations in 1979 and came into force on 3 September 1981.

The CEDAW Committee

Oversight of the Convention is the task of the Committee on the Elimination of Discrimination

against Women, a group of 23 independent experts on women's rights from different States

that have ratified the Convention. Countries that are parties to the Convention must submit

reports detailing their compliance with its provisions every four years. The Committee (the

treaty body) reviews those reports and may also hear claims of violations and inquire into

situations of grave or systemic contraventions of women’s rights.

The Special Rapporteur on violence against women

In 1994 the United Nations resolved to appoint a Special Rapporteur - an independent expert --

on the causes and consequences of violence against women. The Special Rapporteur

investigates and monitors violence against women, and recommends and promotes solutions

for its elimination.

The Working Group

In 2010 the Human Rights Council established a Working Group on the issue of discrimination

against women in law and in practice to promote the elimination of laws that discriminate

against women and/or have a discriminatory impact on them.

12 UNHRC JKMUN-2014

The Maputo Protocol

The Maputo Protocol guarantees comprehensive rights to women, including the right to take

part in the political process, to social and political equality with men, to control of

their reproductive health, and an end to female genital mutilation. It was adopted by the African

Union in the form of a protocol to the African Charter on Human and Peoples' Rights, and came

into force in 2005.

The EU Directive

The EU directive Directive 2002/73/EC - equal treatment of 23 September 2002 amending

Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men

and women as regards access to employment, vocational training and promotion, and working

conditions states that: "Harassment and sexual harassment within the meaning of this Directive

shall be deemed to be discrimination on the grounds of sex and therefore prohibited."

The Council of Europe's Gender Equality Strategy 2014-2017, which has five strategic objectives:

Combating gender stereotypes and sexism

Preventing and combating violence against women

Guaranteeing Equal Access of Women to Justice

Achieving balanced participation of women and men in political and public decision-

making

Achieving Gender Mainstreaming in all policies and measures

UN Women

UN Women is the United Nations organization dedicated to gender equality and the

empowerment of women. A global champion for women and girls, UN Women was established

to accelerate progress on meeting their rights worldwide. UN Women supports United Nations

Member States as they set global standards for achieving gender equality, and works with

governments and civil society to design laws, policies, programmes and services needed to

implement these standards. It stands behind women’s equal participation in all aspects of life,

focusing on five priority areas: increasing women’s leadership and participation; ending violence

against women; engaging women in all aspects of peace and security processes; enhancing

women’s economic empowerment; and making gender equality central to national

http://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx http://en.wikipedia.org/wiki/Declaration_on_the_Elimination_of_Violence_Against_Women

http://en.wikipedia.org/wiki/Violence_against_women

http://en.wikipedia.org/wiki/Anti-Discrimination_Act_1977

http://en.wikipedia.org/wiki/Violence_against_women

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development planning and budgeting. UN Women also coordinates and promotes the United

Nations system’s work in advancing gender.

http://www.unwomen.org/en

http://en.wikipedia.org/wiki/Missing_women_of_Asia

http://en.wikipedia.org/wiki/Maputo_Protocol

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OTHER LINKS FOR RESEARCH PURPOSES:

http://www.ohchr.org/EN/Issues/Women/SRWomen/Pages/SRWomenIndex.aspx

http://en.wikipedia.org/wiki/Anti-Discrimination_Act_1977

http://en.wikipedia.org/wiki/List_of_anti-discrimination_acts

http://en.wikipedia.org/wiki/Discrimination_(Employment_and_Occupation)_Convention

http://en.wikipedia.org/wiki/Declaration_on_the_Elimination_of_Violence_Against_Women

http://en.wikipedia.org/wiki/Sex-selective_abortion

http://www.unwomen.org/~/media/58ED9AE6A3B544149C9DEFA302CC9884.ashx

http://progress.unwomen.org/pdfs/EN-Report-Progress.pdf

http://www.ohchr.org/EN/ProfessionalInterest/Pages/CEDAW.aspx

http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx