Type of Mechanism

Complaint-Information

Scope of the Procedure

Acts or threats of violence against women directed against women because they are women or general situations that condone or perpetrate gender-based violence. The Special Rapporteur relies on the definition of violence against women set forth in the Declaration on the Elimination of Violence against Women: “any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.” (Art. 1).

Who Can Submit a Complaint

Individuals or NGOs

Role of Advocates

NGOs can submit complaints and can otherwise contact the Special Rapporteur about issues of concern.  NGOs can submit pertinent information to any and all of the special rapporteurs and working groups that are investigating specific human rights violations. 

Available Remedies

No individual remedies but the Special Rapporteur can request that national governments take action to remedy part abuses or prevent future human rights violations. The Special Rapporteur can send an allegation letter to the government concerned asking for clarification. Also, the Special Rapporteur can transmit an urgent appeal to a specific government about a fear of or imminent threat against the right to life or personal integrity of a woman. 

How to Submit a Complaint

Complaints may be submitted by individuals or by organizations, such as NGOs.

There is no formal process for submitting a complaint to the Special Rapporteur.  The Special Rapporteur, however, has prepared a Model Complaint Form, which sets forth the information and is a guide to the relevant information which should be included. You may include:

·         A description of the main issues, which could identify the rights violated or, in cases where the government concerned has ratified relevant treat(ies), the specific provisions believed to have been violated;

·         A description of how women are affected by a particular law, practice or policy;

·         Any information that shows a lack of due diligence on the part of the government to respond.

In addition, it may be useful to consider some general guidelines in writing complaints, although the Special Rapporteur does not follow strict admissibility criteria.

Where to Send Communications

The Special Rapporteur on Violence against Women
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Genève 10
Switzerland

Fax: + 00 41 22 917 9006
E-mail: urgent-action@ohchr.org

How the Complaint Procedure Works

When the Special Rapporteur receives a reliable and credible complaint that is within her mandate, she can take a number of actions.

The Special Rapporteur can communicate with the government concerned, asking for a response.  The Special Rapporteur can also urge the government to investigate the case, to prosecute and to provide protection and relief to the victim. 

If a complaint alleges that a human rights abuse is imminent, the Special Rapporteur can send an urgent appeal to request that the government prevent the violation.

There are no specific deadlines for submitting complaints to the Special Rapporteur, but each year she issues an annual report. 

The Special Rapporteur may also schedule visits to a particular country, with the invitation of the national government. In this case, NGOs can contact her in advance and can arrange to meet her or provide her with specific information about the situation for women in the country. After a visit, the Special Rapporteur will submit a report on her findings and recommendations to the Human Rights Council.

Advantages/ Disadvantages

The Special Rapporteur has been very open to receiving information from NGOs in a less formal manner than other UN bodies. The Special Rapporteur can also respond more quickly than other enforcement mechanisms to bring issues to the attention of the UN.

The special rapporteurs in general do not have sufficient resources to follow-up after country visits.