#cedaw comments

[newsandnorms]

ESPN's Outside the Lines reveals details of college and university failures and violations with regard to Title IX complaints

A women's soccer player at the University of Missouri told police that her coach said she might lose her scholarship unless she dropped assault allegations she had made against a star football player. The running back would later be accused in two other assaults. At the College of Southern Idaho, the mother of a student emailed the head basketball coach that one of his players had raped her daughter. The coach responded that "campus policies don't allow us to handle 'internally' matters of this nature." About two years later, that same basketball player -- having transferred to the University of Tulsa -- was cleared of rape allegations in a campus disciplinary hearing after the dean of students determined that the alleged victim wasn't clear enough that she didn't want to have sex. "Outside the Lines" uncovered these allegations and incidents through multiple interviews and by obtaining hundreds of documents from the colleges, alleged victims and police. The details are striking: two student-athletes with at least seven women in all having reported being allegedly hurt or sexually assaulted by them, the reports occurring at a small junior college, a private mid-major and a major Division I public university. The reporting by "Outside the Lines" shows that two of the colleges likely violated federal law for not investigating assault allegations. The third is being sued in federal court for ignoring past allegations of abuse from two women. The U.S. Department of Education is investigating 76 colleges and universities for their handling of what are commonly known as Title IX complaints. Title IX is a federal gender equity law that, among other requirements, sets the rules for how schools must investigate incidents of sexual assault or violence. The law provides protection for women and men and covers how schools must provide support for the students involved. Last year, the National College Health Assessment found that more than 10 percent of women said they had been the victim of some form of sexual assault on campus in the previous 12 months. Although it's unknown how many instances of campus sexual assault involve athletes, "Outside the Lines" research of media coverage found at least 30 Division I schools had such reports in the past five years. These cases, because of their publicity, are often the ones by which the system -- the university and law enforcement -- is judged for how such reports are handled. There are plenty to judge, too, with recent reports of athletes allegedly raping or assaulting women at Oregon, UCLA, Texas, Vanderbilt, Florida State, Connecticut and Mississippi. Catherine Lhamon, the U.S. Department of Education's assistant secretary of the Office for Civil Rights, said the Missouri, Southern Idaho and Tulsa cases are representative of many the department has seen in recent years. "That fact pattern is enormously distressing to me, that people are coming forward saying that there's something wrong, that shouldn't have happened, and that the school says that, 'We can't handle that,'" she said.

http://espn.go.com/espn/otl/story/_/id/11381416/missouri-tulsa-southern-idaho-face-allegations-did-not-investigate-title-ix-cases

  Human rights at issue include, but are not limited to:

right to life, right to security of person, right to highest attainable standard of health, right to be free from gender-based discrimination, right to be free from gender-based violence, right to be free from degrading treatment, right to education.

  Universal Declaration of Human Rights

Article 3: Everyone has the right to life, liberty and security of person.

Article 7: All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 26.1: Everyone has the right to education… higher education shall be equally accessible to all on the basis of merit.

  Convention to Eliminate All Forms of Discrimination Against Women

Article 2: States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake:

…

(e)To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.

(f)To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women; Everyone has the right to the protection of the law against such interference or attacks.

Article 15: States Parties shall accord to women equality with men before the law.

  General recommendations made by the Committee on the Elimination of Discrimination against Women, General Recommendation 19 

7. Gender-based violence, which impairs or nullifies the enjoyment by women of human rights and fundamental freedoms under general international law or under human rights conventions, is discrimination within the meaning of article 1 of the Convention. These rights and freedoms include:

(a) The right to life;

(b) The right not to be subject to torture or to cruel, inhuman or degrading treatment or punishment;

(c) The right to equal protection according to humanitarian norms in time of international or internal armed conflict;

(d) The right to liberty and security of person;

(e) The right to equal protection under the law;

(f) The right to equality in the family;

(g) The right to the highest standard attainable of physical and mental health;

(h) The right to just and favourable conditions of work.

8. The Convention applies to violence perpetrated by public authorities. Such acts of violence may breach that State’s obligations under general international human rights law and under other conventions, in addition to breaching this Convention. 9. It is emphasized, however, that discrimination under the Convention is not restricted to action by or on behalf of Governments (see articles 2(e), 2(f) and 5). For example, under article 2(e) the Convention calls on States parties to take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise. Under general international law and specific human rights covenants, States may also be responsible for private acts if they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of violence, and for providing compensation. … 24. In light of these comments, the Committee on the Elimination of Discrimination against Women recommends that:

(a) States parties should take appropriate and effective measures to overcome all forms of gender-based violence, whether by public or private act;

(b) States parties should ensure that laws against family violence and abuse, rape, sexual assault and other gender-based violence give adequate protection to all women, and respect their integrity and dignity. Appropriate protective and support services should be provided for victims. Gender-sensitive training of judicial and law enforcement officers and other public officials is essential for the effective implementation of the Convention;

(c) States parties should encourage the compilation of statistics and research on the extent, causes and effects of violence, and on the effectiveness of measures to prevent and deal with violence;

(d) Effective measures should be taken to ensure that the media respect and promote respect for women;

(e) States parties in their reports should identify the nature and extent of attitudes, customs and practices that perpetuate violence against women and the kinds of violence that result. They should report on the measures that they have undertaken to overcome violence and the effect of those measures;

(f) Effective measures should be taken to overcome these attitudes and practices. States should introduce education and public information programmes to help eliminate prejudices that hinder women’s equality (recommendation No. 3, 1987);

…  

  International Covenant on Civil and Political Rights

Article 6.1: Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

Article 9.1: Everyone has the right to liberty and security of person.

Article 26: All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

  International Covenant on Economic, Social and Cultural Rights

Article 2:

1. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.

2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

3. …

Article 12.1: The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. Article 13:

1. The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.

2. The States Parties to the present Covenant recognize that, with a view to achieving the full realization of this right:

…

(c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education;

  American Convention on Human Rights

Article 4.1: Every person has the right to have his life respected…

Article 5.1: Every person has the right to have his physical, mental, and moral integrity respected.

Article 7.1: Every person has the right to personal liberty and security.

Article 24: All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law.

  American Declaration on the Rights and Duties of Man

Article 1:  Every human being has the right to life, liberty and the security of his person.

Article 2:  All persons are equal before the law and have the rights and duties established in this Declaration, without distinction as to race, sex, language, creed or any other factor.

Article 12:

Every person has the right to an education, which should be based on the principles of liberty, morality and human solidarity.

Likewise every person has the right to an education that will prepare him to attain a decent life, to raise his standard of living, and to be a useful member of society.

The right to an education includes the right to equality of opportunity in every case, in accordance with natural talents, merit and the desire to utilize the resources that the state or the community is in a position to provide.

Every person has the right to receive, free, at least a primary education.

  Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (“Protocol Of San Salvador”)

Article 3, Obligation of nondiscrimination

The State Parties to this Protocol undertake to guarantee the exercise of the rights set forth herein without discrimination of any kind for reasons related to race, color, sex, language, religion, political or other opinions, national or social origin, economic status, birth or any other social condition.

Article 10, Right to Health

1. Everyone shall have the right to health, understood to mean the enjoyment of the highest level of physical, mental and social well-being.

…

Article 13, Right to Education

1. Everyone has the right to education.

…

3. The States Parties to this Protocol recognize that in order to achieve the full exercise of the right to education:

…

c. Higher education should be made equally accessible to all, on the basis of individual capacity, by every appropriate means, and in particular, by the progressive introduction of free education;

…

[newsandnorms]

Feds press colleges on handling of sex assault complaints

HANOVER, N.H. – For the growing list of college and universities under investigation by the Department of Education for their handling of sexual assault complaints, the threat of losing federal funds remains real.

While such a punishment would be unprecedented, it is far from an “empty threat,” said Catherine Lhamon, the department’s assistant secretary for civil rights. Because sexual harassment and violence constitute discrimination under Title IX, schools found to be out of compliance with that law run the risk of its most severe punishment.

"It’s a threat that I’ve made four times in the 10 months I’ve been in office, so it’s one that’s very much in use,"Lhamon said at the Dartmouth Summit on Sexual Assault. "And I’m also thrilled that we haven’t had to go all the way to the final step where we actually do pull federal funds."

As administrators at colleges and universities around the country grapple with the issue, nearly 300 from more than 50 institutions have gathered here to discuss the problem and work toward best practices. Lhamon and Anurima Bhargava, chief of the Educational Opportunities Section of the Civil Rights Division at the Department of Justice, spoke at the summit on Monday.

The issue has the attention of the federal government, with Lhamon’s Office for Civil Right stepping up enforcement efforts.

In April, the White House Task Force to Protect Students from Sexual Assault released its first report and pushed for transparency. OCR released a list of 55 schools under investigation in May. There are now 66 schools on that list – Colorado State, James Madison University, the University of Richmond and the University of Delaware are among those recently added – which is up from 47 in mid-March.

Critics have questioned whether the revocation of federal funds is a practical punishment for schools that do not comply with the law.

Sen. Claire McCaskill has focused on the issue of sexual assaults, and last week she released the findings of a survey of 440 institutions that found that more than 40 percent have not conducted a sexual assault investigation in the past five years. The Missouri Democrat is working on legislation to address the issue, and she has said that providing the department with intermediate sanctions might be a more effective solution than the threat of funding being revoked.

…

But, as McCaskill and Lhamon have both noted, the department needs more resources to manage the growing number of complaints against institutions.

"From a carrot-and-stick perspective, that’s a pretty big stick-to-carrot in terms of being able to deliver relief for people who need it when schools have not satisfied their legal obligations," Lhamon said. "I’m pleased with those tools, and I would be even more pleased if I had even more people to wield those tools."

A 2011 letter from the Department of Education clarified schools’ responsibility under the law to investigate sexual violence and provide a fair adjudication process. The department released further guidance in the form of an FAQ in conjunction with the White House task force announcement, though some have questioned why schools should be involved in what should be criminal cases.

"I resist pretty hard the notion that schools don’t have a role in this. They absolutely do," Lhamon said. "This is fundamental to the educational mission. …. And it is necessarily different from what is the criminal justice role, and that to me doesn’t feel like a particularly problematic reality. The reality that sexual assault is a crime does not take away from the ways that it also creates a hostile environment for students subject to it."

McCaskill’s survey found that only 16 percent of the schools in its national sample conduct annual climate surveys.

Lisak pushed for schools to not only collect the data, but to make it available so administrators around the country could work toward best practices of addressing the problem. Whether voluntarily or under the threat of the loss of federal funds, schools are facing an issue that leaves higher education at a crossroads.

"The question is no longer which campuses have a problem," Lisak said. "We know, everyone knows, that every campus has a problem. The question now is which campus is confronting their problem with honesty and moral integrity, and that is how each of our institutions will now be judged."

http://www.usatoday.com/story/sports/ncaaf/2014/07/14/college-sexual-assaults-dartmouth-summit/12654521/

  Additional reading:

New York Times: Reporting Rape, and Wishing She Hadn’t; How One College Handled a Sexual Assault Complaint

  Human rights at issue include, but are not limited to:

right to life, right to security of person, right to highest attainable standard of health, right to be free from gender-based discrimination, right to be free from gender-based violence, right to be free from degrading treatment, right to education.

  Universal Declaration of Human Rights

Article 3: Everyone has the right to life, liberty and security of person.

Article 7: All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 26.1: Everyone has the right to education… higher education shall be equally accessible to all on the basis of merit.

  Convention to Eliminate All Forms of Discrimination Against Women

Article 2: States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake:

…

(e)To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.

(f)To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women; Everyone has the right to the protection of the law against such interference or attacks.

Article 15: States Parties shall accord to women equality with men before the law.

  General recommendations made by the Committee on the Elimination of Discrimination against Women, General Recommendation 19 

7. Gender-based violence, which impairs or nullifies the enjoyment by women of human rights and fundamental freedoms under general international law or under human rights conventions, is discrimination within the meaning of article 1 of the Convention. These rights and freedoms include:

(a) The right to life;

(b) The right not to be subject to torture or to cruel, inhuman or degrading treatment or punishment;

(c) The right to equal protection according to humanitarian norms in time of international or internal armed conflict;

(d) The right to liberty and security of person;

(e) The right to equal protection under the law;

(f) The right to equality in the family;

(g) The right to the highest standard attainable of physical and mental health;

(h) The right to just and favourable conditions of work.

8. The Convention applies to violence perpetrated by public authorities. Such acts of violence may breach that State’s obligations under general international human rights law and under other conventions, in addition to breaching this Convention.

9. It is emphasized, however, that discrimination under the Convention is not restricted to action by or on behalf of Governments (see articles 2(e), 2(f) and 5). For example, under article 2(e) the Convention calls on States parties to take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise. Under general international law and specific human rights covenants, States may also be responsible for private acts if they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of violence, and for providing compensation.

…

24. In light of these comments, the Committee on the Elimination of Discrimination against Women recommends that:

(a) States parties should take appropriate and effective measures to overcome all forms of gender-based violence, whether by public or private act;

(b) States parties should ensure that laws against family violence and abuse, rape, sexual assault and other gender-based violence give adequate protection to all women, and respect their integrity and dignity. Appropriate protective and support services should be provided for victims. Gender-sensitive training of judicial and law enforcement officers and other public officials is essential for the effective implementation of the Convention;

(c) States parties should encourage the compilation of statistics and research on the extent, causes and effects of violence, and on the effectiveness of measures to prevent and deal with violence;

(d) Effective measures should be taken to ensure that the media respect and promote respect for women;

(e) States parties in their reports should identify the nature and extent of attitudes, customs and practices that perpetuate violence against women and the kinds of violence that result. They should report on the measures that they have undertaken to overcome violence and the effect of those measures;

(f) Effective measures should be taken to overcome these attitudes and practices. States should introduce education and public information programmes to help eliminate prejudices that hinder women’s equality (recommendation No. 3, 1987);

…  

  International Covenant on Civil and Political Rights

Article 6.1: Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

Article 9.1: Everyone has the right to liberty and security of person.

Article 26: All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

  International Covenant on Economic, Social and Cultural Rights

Article 2:

1. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.

2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

3. …

Article 12.1: The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

Article 13:

1. The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.

2. The States Parties to the present Covenant recognize that, with a view to achieving the full realization of this right:

…

(c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education;

  American Convention on Human Rights

Article 4.1: Every person has the right to have his life respected…

Article 5.1: Every person has the right to have his physical, mental, and moral integrity respected.

Article 7.1: Every person has the right to personal liberty and security.

Article 24: All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law.

  American Declaration on the Rights and Duties of Man

Article 1:  Every human being has the right to life, liberty and the security of his person.

Article 2:  All persons are equal before the law and have the rights and duties established in this Declaration, without distinction as to race, sex, language, creed or any other factor.

Article 12:

Every person has the right to an education, which should be based on the principles of liberty, morality and human solidarity.

Likewise every person has the right to an education that will prepare him to attain a decent life, to raise his standard of living, and to be a useful member of society.

The right to an education includes the right to equality of opportunity in every case, in accordance with natural talents, merit and the desire to utilize the resources that the state or the community is in a position to provide.

Every person has the right to receive, free, at least a primary education.

  Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (“Protocol Of San Salvador”)

Article 3, Obligation of nondiscrimination

The State Parties to this Protocol undertake to guarantee the exercise of the rights set forth herein without discrimination of any kind for reasons related to race, color, sex, language, religion, political or other opinions, national or social origin, economic status, birth or any other social condition.

Article 10, Right to Health

1. Everyone shall have the right to health, understood to mean the enjoyment of the highest level of physical, mental and social well-being.

…

Article 13, Right to Education

1. Everyone has the right to education.

…

3. The States Parties to this Protocol recognize that in order to achieve the full exercise of the right to education:

…

c. Higher education should be made equally accessible to all, on the basis of individual capacity, by every appropriate means, and in particular, by the progressive introduction of free education;

…

[newsandnorms]

Report: California Colleges Must Do More to Combat Sexual Violence

Kate Pickert, Time Magazine A report from a state auditor says some California colleges aren't complying with the law Some key employees at California’s public colleges and universities are not adequately trained to handle reports of sexual violence and harassment, according to a report by the state’s auditor published Tuesday. The report also said about one-fifth of students at the four campuses surveyed were unaware of college resources available to victims of sexual assault and harassment. The report, which recommends the California legislature amend state law to increase training and awareness campaigns on campuses, comes as the issue of sexual violence at colleges and universities has reached a new level of public consciousness. Janet Napolitano, the president of the University of California, announced on June 20 she was creating a new task force to guide efforts to combat sexual violence and harassment on the system’s campuses. The Obama Administration created a White House task force on the issue back in January. The California report was generated in part as a response to accusations that officials at the University of California, Berkeley underreported sex crimes and were slow to investigate allegations of sexual assault. These accusations were leveled in complaints filed with the U.S. Department of Education’s Office for Civil Rights, helping land Berkeley on a list of more than 50 higher education institutions now under federal investigation. The most recent complaint, filed in February, came from 31 current and former students who said the university did not investigate sexual assault allegations in a timely manner and did not keep alleged victims informed of the progress of investigations. (The University has since issued a new policy on sexual misconduct.) In April 2013, a student government group at Berkeley issued a “no confidence” vote on the university’s disciplinary policies and procedures related to sexual assault. The 113-page report says none of the four high education institutions studied—the University of California at Los Angeles; the University of California, Berkeley; California State University, Chico; and San Diego State University—distributed a sexual harassment policy to all employees on an annual basis, a violation of state law. The auditor also found uneven compliance with an earlier state legislature recommendation that colleges provide targeted education about sexual assault and rape to certain student groups. Fraternities and sororities at Berkeley and student athletes at San Diego State University, for example, provided no such education programs in any of the last five academic years, according to the report. Three of the campuses studied also provided inadequate education to incoming students about how to file administrative complaints and criminal charges. And while the auditor noted that many university and college employees charged with handling complaints about sexual assault and rape were adequately informed about proper procedures, some “front line” employees likely to first hear about such incidents, such as resident advisers, were not. Making sure these ground-level personnel know how to report incidents and direct victims to the proper authorities and offices is crucial, says Abigail Boyer, assistant executive director of programs for the Clery Center for Security on Campus, a non-profit advocacy group.

http://time.com/2917931/college-sexual-violence/

  Human rights at issue include, but are not limited to:

right to life, right to security of person, right to highest attainable standard of health, right to be free from gender-based discrimination, right to be free from gender-based violence, right to be free from degrading treatment, right to education.

  Universal Declaration of Human Rights

Article 3: Everyone has the right to life, liberty and security of person.

Article 7: All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 26.1: Everyone has the right to education… higher education shall be equally accessible to all on the basis of merit.

  Convention to Eliminate All Forms of Discrimination Against Women

Article 2: States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake:

…

(e)To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.

(f)To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women; Everyone has the right to the protection of the law against such interference or attacks.

Article 15: States Parties shall accord to women equality with men before the law.

  General recommendations made by the Committee on the Elimination of Discrimination against Women, General Recommendation 19 

7. Gender-based violence, which impairs or nullifies the enjoyment by women of human rights and fundamental freedoms under general international law or under human rights conventions, is discrimination within the meaning of article 1 of the Convention. These rights and freedoms include:

(a) The right to life;

(b) The right not to be subject to torture or to cruel, inhuman or degrading treatment or punishment;

(c) The right to equal protection according to humanitarian norms in time of international or internal armed conflict;

(d) The right to liberty and security of person;

(e) The right to equal protection under the law;

(f) The right to equality in the family;

(g) The right to the highest standard attainable of physical and mental health;

(h) The right to just and favourable conditions of work.

8. The Convention applies to violence perpetrated by public authorities. Such acts of violence may breach that State’s obligations under general international human rights law and under other conventions, in addition to breaching this Convention.

9. It is emphasized, however, that discrimination under the Convention is not restricted to action by or on behalf of Governments (see articles 2(e), 2(f) and 5). For example, under article 2(e) the Convention calls on States parties to take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise. Under general international law and specific human rights covenants, States may also be responsible for private acts if they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of violence, and for providing compensation.

…

24. In light of these comments, the Committee on the Elimination of Discrimination against Women recommends that:

(a) States parties should take appropriate and effective measures to overcome all forms of gender-based violence, whether by public or private act;

(b) States parties should ensure that laws against family violence and abuse, rape, sexual assault and other gender-based violence give adequate protection to all women, and respect their integrity and dignity. Appropriate protective and support services should be provided for victims. Gender-sensitive training of judicial and law enforcement officers and other public officials is essential for the effective implementation of the Convention;

(c) States parties should encourage the compilation of statistics and research on the extent, causes and effects of violence, and on the effectiveness of measures to prevent and deal with violence;

(d) Effective measures should be taken to ensure that the media respect and promote respect for women;

(e) States parties in their reports should identify the nature and extent of attitudes, customs and practices that perpetuate violence against women and the kinds of violence that result. They should report on the measures that they have undertaken to overcome violence and the effect of those measures;

(f) Effective measures should be taken to overcome these attitudes and practices. States should introduce education and public information programmes to help eliminate prejudices that hinder women’s equality (recommendation No. 3, 1987);

…  

  International Covenant on Civil and Political Rights

Article 6.1: Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

Article 9.1: Everyone has the right to liberty and security of person.

Article 26: All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

  International Covenant on Economic, Social and Cultural Rights

Article 2:

1. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.

2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

3. …

Article 12.1: The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

Article 13:

1. The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.

2. The States Parties to the present Covenant recognize that, with a view to achieving the full realization of this right:

…

(c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education;

  American Convention on Human Rights

Article 4.1: Every person has the right to have his life respected…

Article 5.1: Every person has the right to have his physical, mental, and moral integrity respected.

Article 7.1: Every person has the right to personal liberty and security.

Article 24: All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law.

  American Declaration on the Rights and Duties of Man

Article 1:  Every human being has the right to life, liberty and the security of his person.

Article 2:  All persons are equal before the law and have the rights and duties established in this Declaration, without distinction as to race, sex, language, creed or any other factor.

Article 12:

Every person has the right to an education, which should be based on the principles of liberty, morality and human solidarity.

Likewise every person has the right to an education that will prepare him to attain a decent life, to raise his standard of living, and to be a useful member of society.

The right to an education includes the right to equality of opportunity in every case, in accordance with natural talents, merit and the desire to utilize the resources that the state or the community is in a position to provide.

Every person has the right to receive, free, at least a primary education.

  Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (“Protocol Of San Salvador”)

Article 3, Obligation of nondiscrimination

The State Parties to this Protocol undertake to guarantee the exercise of the rights set forth herein without discrimination of any kind for reasons related to race, color, sex, language, religion, political or other opinions, national or social origin, economic status, birth or any other social condition.

Article 10, Right to Health

1. Everyone shall have the right to health, understood to mean the enjoyment of the highest level of physical, mental and social well-being.

…

Article 13, Right to Education

1. Everyone has the right to education.

…

3. The States Parties to this Protocol recognize that in order to achieve the full exercise of the right to education:

…

c. Higher education should be made equally accessible to all, on the basis of individual capacity, by every appropriate means, and in particular, by the progressive introduction of free education;

…

[newsandnorms]

White House Task Force to Protect Students From Sexual Assault Releases First Report

From NPR's The Two-Way:

Noting that 1 in 5 women is sexually assaulted in college, the White House is releasing new guidelines to help victims of that violence and improve the way schools handle such cases. Campus sexual assaults are notoriously underreported, and schools' disciplinary processes vary widely.

The suggestions in a new report released today by the White House Task Force to Protect Students from Sexual Assault provide colleges with basic guidelines for dealing with sexual assault cases; it also sets up a national reporting system that asks schools to survey their students about their experiences.

The report is titled "Not Alone," which is also the name of a new website the administration created as a resource for schools and the victims of sexual assault. Its work reflects contributions from several federal agencies, including the Departments of Education, Justice, and Health and Human Services.

Here are some highlights from the report:

Sexual assault victims should be able to speak in confidentiality to a trained advocate who would not be required "to report all the details of an incident to school officials," as some colleges have mandated in recent years.

"Questions about the survivor's sexual history with anyone other than the alleged perpetrator should not be permitted."

An accuser and the accused "should not be allowed to personally cross-examine each other."

Calling the intervention of bystanders one of the "most promising prevention strategies," the report calls for encouraging men and women to act in such cases.

The new website also includes a national "school-by-school enforcement map" that marks resolved cases that involved the U.S. Departments of Education and Justice.

The recommendations stem from three months' work by the task force that was formed earlier this year, in response to widespread dissatisfaction with the way college campuses handle cases of sexual assault. A unique February conference on the issue hosted by the University of Virginia was filled to capacity by college presidents and others.

"We know that too many universities are still discouraging survivors from filing complaints," said the Department of Education's Catherine Lhamon, who attended the session. "They are still delaying investigations for months, or longer. They are still retaliating against students for speaking out about their assaults."

http://www.npr.org/blogs/thetwo-way/2014/04/29/307958756/campus-sexual-assaults-are-targeted-in-new-white-house-report

  Human rights at issue include, but are not limited to:

right to life, right to security of person, right to highest attainable standard of health, right to be free from gender-based discrimination, right to be free from gender-based violence, right to be free from degrading treatment, right to education.

  Universal Declaration of Human Rights

Article 3: Everyone has the right to life, liberty and security of person.

Article 7: All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 26.1: Everyone has the right to education… higher education shall be equally accessible to all on the basis of merit.

  Convention to Eliminate All Forms of Discrimination Against Women

Article 2: States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake:

…

(e)To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.

(f)To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women; Everyone has the right to the protection of the law against such interference or attacks.

Article 15: States Parties shall accord to women equality with men before the law.

  General recommendations made by the Committee on the Elimination of Discrimination against Women, General Recommendation 19 

7. Gender-based violence, which impairs or nullifies the enjoyment by women of human rights and fundamental freedoms under general international law or under human rights conventions, is discrimination within the meaning of article 1 of the Convention. These rights and freedoms include:

(a) The right to life;

(b) The right not to be subject to torture or to cruel, inhuman or degrading treatment or punishment;

(c) The right to equal protection according to humanitarian norms in time of international or internal armed conflict;

(d) The right to liberty and security of person;

(e) The right to equal protection under the law;

(f) The right to equality in the family;

(g) The right to the highest standard attainable of physical and mental health;

(h) The right to just and favourable conditions of work.

8. The Convention applies to violence perpetrated by public authorities. Such acts of violence may breach that State’s obligations under general international human rights law and under other conventions, in addition to breaching this Convention.

9. It is emphasized, however, that discrimination under the Convention is not restricted to action by or on behalf of Governments (see articles 2(e), 2(f) and 5). For example, under article 2(e) the Convention calls on States parties to take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise. Under general international law and specific human rights covenants, States may also be responsible for private acts if they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of violence, and for providing compensation.

…

24. In light of these comments, the Committee on the Elimination of Discrimination against Women recommends that:

(a) States parties should take appropriate and effective measures to overcome all forms of gender-based violence, whether by public or private act;

(b) States parties should ensure that laws against family violence and abuse, rape, sexual assault and other gender-based violence give adequate protection to all women, and respect their integrity and dignity. Appropriate protective and support services should be provided for victims. Gender-sensitive training of judicial and law enforcement officers and other public officials is essential for the effective implementation of the Convention;

(c) States parties should encourage the compilation of statistics and research on the extent, causes and effects of violence, and on the effectiveness of measures to prevent and deal with violence;

(d) Effective measures should be taken to ensure that the media respect and promote respect for women;

(e) States parties in their reports should identify the nature and extent of attitudes, customs and practices that perpetuate violence against women and the kinds of violence that result. They should report on the measures that they have undertaken to overcome violence and the effect of those measures;

(f) Effective measures should be taken to overcome these attitudes and practices. States should introduce education and public information programmes to help eliminate prejudices that hinder women’s equality (recommendation No. 3, 1987);

…  

  International Covenant on Civil and Political Rights

Article 6.1: Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

Article 9.1: Everyone has the right to liberty and security of person.

Article 26: All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

  International Covenant on Economic, Social and Cultural Rights

Article 2:

1. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.

2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

3. …

Article 12.1: The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

Article 13:

1. The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.

2. The States Parties to the present Covenant recognize that, with a view to achieving the full realization of this right:

…

(c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education;

  American Convention on Human Rights

Article 4.1: Every person has the right to have his life respected…

Article 5.1: Every person has the right to have his physical, mental, and moral integrity respected.

Article 7.1: Every person has the right to personal liberty and security.

Article 24: All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law.

  American Declaration on the Rights and Duties of Man

Article 1:  Every human being has the right to life, liberty and the security of his person.

Article 2:  All persons are equal before the law and have the rights and duties established in this Declaration, without distinction as to race, sex, language, creed or any other factor.

Article 12:

Every person has the right to an education, which should be based on the principles of liberty, morality and human solidarity.

Likewise every person has the right to an education that will prepare him to attain a decent life, to raise his standard of living, and to be a useful member of society.

The right to an education includes the right to equality of opportunity in every case, in accordance with natural talents, merit and the desire to utilize the resources that the state or the community is in a position to provide.

Every person has the right to receive, free, at least a primary education.

  Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (“Protocol Of San Salvador”)

Article 3, Obligation of nondiscrimination

The State Parties to this Protocol undertake to guarantee the exercise of the rights set forth herein without discrimination of any kind for reasons related to race, color, sex, language, religion, political or other opinions, national or social origin, economic status, birth or any other social condition.

Article 10, Right to Health

1. Everyone shall have the right to health, understood to mean the enjoyment of the highest level of physical, mental and social well-being.

…

Article 13, Right to Education

1. Everyone has the right to education.

…

3. The States Parties to this Protocol recognize that in order to achieve the full exercise of the right to education:

…

c. Higher education should be made equally accessible to all, on the basis of individual capacity, by every appropriate means, and in particular, by the progressive introduction of free education;

…