Commonwealth East African judges meet to agree on new legal standards that apply human rights law to cases involving violence against women and girls.
Commonwealth East African judges will meet in Nairobi, Kenya to agree on new legal standards that apply human rights law to cases involving violence against women and girls.
The standards, also known as a bench book, drafted by the Commonwealth Secretariat, demonstrate through case law how the judiciary can apply national and international human rights law and standards to protect women and girls from violence.
Judges from Kenya, Tanzania, Uganda and Rwanda will meet from 24 to 26 February to review the draft and agree on a working version. They will also discuss obstacles to tackling violence against women and girls from a regional and national perspective.
Commenting ahead of the meeting, Elizabeth Bakibinga-Gaswaga, Adviser in the Commonwealth Secretariat’s Rule of Law Division said: “The violence against women and girls regional bench book is a first for East African judiciaries. It will provide a valuable resource in efforts to promote and protect the rights of women and girls. It will serve as a commendable model that can be replicated in other Commonwealth regions.”
One third of women globally have suffered some form of violence either at the hands of an intimate partner or stranger[1]. This global problem is shown to have far-reaching consequences, not only destroying lives but also stifling economic and social development. Harmful cultural traditions that condone violence such as female genital mutilation and child, early and forced marriage pose further challenges to ending abuses.
Amelia Kinahoi Siamomua, Head of the Commonwealth Secretariat’s Gender Section said: “As we embark on the 2030 Agenda for Sustainable Development, we must stay committed to eliminating all forms of discrimination against women and girls. This bench book is a milestone for the Commonwealth and its members.”
The draft identifies forms of violence against women and girls and outlines difficulties faced by victims in the justice system, such as bias in the courtroom, discrimination and failure of the judiciary to apply and interpret existing laws. It seeks to provide best practice to ensure the rights of women and girls are upheld in law.
In April 2013, a judicial forum in Botswana recommended the compilation of a bench book for eastern and southern Africa following a review of Commonwealth case law on violence against women. The review found that national courts had failed to apply national and international human rights laws and standards.
Once validated, the bench book will be shared with judiciaries in Commonwealth East Africa countries and will serve as yardstick for other regions. The Secretariat will provide technical assistance to member states to adapt and implement strategies in law to end impunity and prevent violence against women and girls in line with Goal 16 and Goal 5 of the Sustainable Development Goals.
Notes to Editors
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[1] World Health Organisation, 2016 ‘Intimate partner and sexual violence against women’, available at available at: http://www.who.int/mediacentre/factsheets/fs239/en/