Belém do Pará Convention: Difference between revisions
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== State parties == |
== State parties == |
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As of March 2020, 32 of the 35 member states of the Organization of American States have either signed and ratified or acceded to the Belém do Pará Convention; only [[Canada]], [[Cuba]] and the [[United States]] have not.<ref>Manjoo & Jones (2012), p. 151.</ref><ref>{{Cite web |url=http://www.oas.org/en/mesecvi/docs/Signatories-Table-EN.pdf |title=Status of signatures and ratifications (Convention of Belém do Pará) |work=CIM website |publisher=Organization of American States |accessdate=14 March 2020}}</ref> |
As of March 2020, 32 of the 35 member states of the Organization of American States have either signed and ratified or acceded to the Belém do Pará Convention; only [[Canada]], [[Cuba]] and the [[United States]] have not.<ref>Manjoo & Jones (2012), p. 151.</ref><ref>{{Cite web |url=http://www.oas.org/en/mesecvi/docs/Signatories-Table-EN.pdf |title=Status of signatures and ratifications (Convention of Belém do Pará) |work=CIM website |publisher=Organization of American States |accessdate=14 March 2020}}</ref>{{#tag:ref|The [[Member states of the Organization of American States|OAS membership]] status of Cuba is currently unclear, see [[Cuba–OAS relations]]. This leads some sources to count Cuba as one of the 35 OAS member states, while other sources assert that there are only 34 OAS member states. Either way, and although non-OAS states are allowed to accede to the treaty, Cuba has neither signed nor ratified nor acceded to the Belém do Pará Convention.|group="note"}} |
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== Follow-Up Mechanism (MESECVI) == |
== Follow-Up Mechanism (MESECVI) == |
Revision as of 16:18, 19 March 2020
Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women | |
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![]() Signed and ratified
Acceded
Not signed
No OAS member | |
Signed | 9 June 1994 |
Location | Belém do Pará, Brazil |
Effective | 3 February 1995[1]: 3:12 [note 1] |
Condition | 2 ratifications + 30 days[note 2] |
Expiration | Never[note 3] |
Signatories | 32 |
Parties | 32 |
Depositary | General Secretariat of the Organization of American States |
Languages | English, French, Portuguese, Spanish |
Part of a series on |
Violence against women |
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Killing |
Sexual assault and rape |
Disfigurement |
Other issues |
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International legal framework |
Related topics |
The Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, better known as the Belém do Pará Convention (or Convention of Belém do Pará), is an international human rights instrument adopted by the Inter-American Commission of Women (CIM) of the Organization of American States at a conference held in Belém do Pará, Brazil on 9 June 1994. It is the first legally binding international treaty that criminalises all forms of violence against women, especially sexual violence.[2]
Background
In the late 1980s use of rape as a tool in war by official regimes in El Salvador, Haiti, Peru, and other places across Latin America was exposed, while the traditional taboo on domestic violence was gradually eroded at the same time, forcing violence against women into the forefront of public discourse.[3] As most military dictatorships fell across Latin America during the Third Wave of Democratisation (1978–1995), women began to pressure their civilian governments to address the systemic violence against women from Brazil to Chile to Mexico.[3]
In 1988, CIM strategy followed its model of creating international norms to press for national governmental change.[3] To that end, the women determined to draft an Inter-American Convention focusing on violence against women and scheduled a special consultative meeting in 1990. The 1990 Inter-American Consultation on Women and Violence was the first diplomatic meeting of its kind.[3] At the convention, the women thoroughly evaluated the issue of gender-based violence[2] and then organised two inter-governmental meetings of experts to assist with clarification of issues to draft a proposal. The final instrument,[4] which would become known as the 1994 Belém do Pará Convention, was the first treaty to ever address violence against women.[2] It was presented at a Special Special Assembly of CIM delegates in April 1994, who approved it and endorsed its submission to the General Assembly of the OAS. It was adopted at Belém do Pará, Brazil, on 9 June 1994, and has been endorsed by 32 of the 34 member States of the OAS.[4]
The delegates of the CIM continued to press for international agreements throughout the Americas that effect change and protect women. In 1998, they adopted the Declaration of Santo Domingo, which recognised that women's inalienable rights exist throughout their lifetime and are an "integral, and indivisible part of universal human rights".[5]
Contents
The treaty is written in the four official languages of the Organization of American States; 'each [language version] is equally authentic' (Article 25):
- English: Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Belém do Pará Convention)
- Spanish: Convención Interamericana para Prevenir, Sancionar y Erradicar la Violencia contra la Mujer (Convención de Belém do Pará)
- Portuguese: Convenção Interamericana para Prevenir, Punir e Erradicar a Violência contra a Mulher (Convenção de Belém do Pará)
- French: Convention Interamericaine pour la Prevention, la Sanction et l'Elimination de la Violence contre la Femme (Convention de Belém do Pará)
The text defines what violence against women is, establishes that women have the right to live a life free of violence, and that violence against women constitutes a violation of human rights and fundamental freedoms. It calls for the first time for the establishment of binding mechanisms for protecting and defending women's rights as essential to combating the phenomenon of violence against women's physical, sexual, and psychological integrity, whether in the public or the private sphere, and for asserting those rights within society.[6]
State parties
As of March 2020, 32 of the 35 member states of the Organization of American States have either signed and ratified or acceded to the Belém do Pará Convention; only Canada, Cuba and the United States have not.[7][8][note 4]
Follow-Up Mechanism (MESECVI)
In order to effectively monitor the State parties' compliance with the Conventions' obligations, the State parties created an agency in October 2004 called the Follow-Up Mechanism to the Belém do Pará Convention, abbreviated MESECVI.[1]: 7:57 [note 5] MESECVI consists of two bodies: the Conference of State Parties and the Committee of Experts.[1]: 8:29
- The Conference of State Parties is a political body, which studies the country reports submitted by each State party, and supervises the Committee of Experts.[1]: 8:29
- The Committee of Experts is a technical body, which presents recommendations and guidelines to the Conference of State Parties. It consists of specialists serving in a personal capacity who are appointed by States parties.[1]: 8:29
Impact
According to Professor Rashida Manjoo and Professor Jackie Jones (2018), the Belém do Pará Convention has significantly contributed to making the 'Inter-American human rights system, while far from perfect, arguably the world's most well-developed and effective human rights system in the violence against women context.' The Convention had been cited in over 20 cases before the Inter-American Commission and Court, and 'helped to further define and give specificity to the norms of the American Convention on Human Rights and other Inter-American human rights instruments in the VAW context.'[9]: p.163–4
For example, the Belém do Pará Convention was used alongside the American Convention on Human Rights when the Inter-American Court of Human Rights intervened in the Cotton Field femicides case, on requests from victims' relatives, who, motivated by the Mexican authorities' lack of response, filed a complaint against the Mexican state. In its 2009 judgement, the Court found Mexico to be responsible for multiple rights violations, including the State obligations under the Belém do Pará Convention 'to use due diligence to respond to violence against women' according to Article 7, paragraphs b and c.[9]: p.160 The verdict caused Mexico to undertake some positive steps to comply with the Court's order.[9]: p.160 However, the case revealed that the justiciability of the Convention was mostly limited to Article 7, which stipulates the immediate obligations of state parties; Article 8 and 9 are mostly useful for interpreting these obligations, and the obligations of state parties to other conventions such as the American Convention on Human Rights.[9]: p.160
Moreover, Manjoo and Jones criticised the fact that the United States and Canada had still not ratified the two Conventions, '[leaving] millions of women and girls without the protections afforded by these treaties.'[9]: p.164 In conclusion, they argue that an improved version of the Belém do Pará Convention, with a better emphasis on state parties' immediate obligations, would be the best model for a worldwide treaty on violence against women, replacing the United Nations' non-binding 1993 Declaration on the Elimination of Violence Against Women (DEVAW), as long as there is a sustained campaign – preferably led by VAW survivors and their advocates – towards universal ratification by all states in the world.[9]: p.164
See also
- International framework of sexual violence
- Declaration on the Elimination of Discrimination Against Women (DEDAW) – United Nations (1967)
- Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) – United Nations (1979)
- Vienna Declaration and Programme of Action (VDPA) – United Nations (June 1993)
- Declaration on the Elimination of Violence Against Women (DEVAW) – United Nations (December 1993)
- Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo Protocol) – African Union (2003)
- Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) – Council of Europe (2011)
External links
- Official website
- English text
- Status of signatures and ratifications
- Lesson 9: The Belém do Pará Convention – College course lesson by Law Professor Juan Francisco Lobo of the University of Chile
Notes
- ^ Article 21 stipulates: 'This Convention shall enter into force on the thirtieth day after the date of deposit of the second instrument of ratification.' The official list of signatures and ratifications shows that the first state to ratify the Convention was Bolivia on 26 October 1994, followed by Guatemala on 4 January 1995; therefore, thirty days later, on 3 February 1995, the Convention entered into force.
- ^ Article 21.
- ^ Article 24.
- ^ The OAS membership status of Cuba is currently unclear, see Cuba–OAS relations. This leads some sources to count Cuba as one of the 35 OAS member states, while other sources assert that there are only 34 OAS member states. Either way, and although non-OAS states are allowed to accede to the treaty, Cuba has neither signed nor ratified nor acceded to the Belém do Pará Convention.
- ^ MESECVI is an abbreviation of the full Spanish name Mecanismo de Seguimiento de la Implementación de la Convención Interamericana para Prevenir, Sancionar y Erradicar la Violencia contra la Mujer, frequently shortened to Mecanismo de Seguimiento de la Convención de Belém do Pará.
References
- ^ a b c d e Juan Francisco Lobo (5 September 2016). "Lesson 9: The Belém do Pará Convention". Gender Equality & Sexual Diversity. MOOC Chile. Retrieved 19 March 2020.
- ^ a b c Persadie, Natalie (2012). A critical analysis of the efficacy of law as a tool to achieve gender equality. Lanham, Md.: University Press of America. p. 199. ISBN 978-0-761-85809-6. Retrieved 16 July 2015.
- ^ a b c d Meyer, Mary K. (editor); Prügl, Elisabeth (editor) (1999). Gender politics in global governance. Lanham [u.a.]: Rowman & Littlefield. pp. 65–66. ISBN 978-0-847-69161-6. Retrieved 16 July 2015.
{{cite book}}
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has generic name (help) - ^ a b "Inter-American Convention on the Prevention, Punishment, and Eradication of Violence Against Women - 1994". Organization of American States. Inter-American Commission of Women. Retrieved 16 July 2015.
- ^ "Inter-American Program on the Promotion of Women's Human Rights and Gender Equity and Equality" (PDF). Organization of American States. Inter-American Program on Women. pp. 1–7. Retrieved 13 July 2015.
- ^ "About the Belém do Pará Convention". CIM website. Organization of American States. Retrieved 12 March 2020.
- ^ Manjoo & Jones (2012), p. 151.
- ^ "Status of signatures and ratifications (Convention of Belém do Pará)" (PDF). CIM website. Organization of American States. Retrieved 14 March 2020.
- ^ a b c d e f Manjoo, Rashida; Jones, Jackie (2018). The Legal Protection of Women From Violence: Normative Gaps in International Law. Abingdon: Routledge. ISBN 9781351732833. Retrieved 16 March 2020.
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