Women’s equality in the UK – A health check

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15.1 15.2 15.3 15.4 15.5 Article 15 - Equality before the law and civil matters We welcome the UK’s support of Human Rights Council resolution 15/23 1 on the ‘Elimination of laws and practices that discriminate against women’ in October 2010. However, many of the proposals made and the actions taken by the Government in relation to women’s equality and in civil matters since this time do not demonstrate the support of this resolution and its enactment. For example, a recent proposal to establish a women’s criminal justice policy unit within the Ministry of Justice (MoJ) was unsuccessful. The proposed unit would have ensured joinedup treatment of women offenders and would have addressed issues such as employment, housing, mental health and support for families and children, with the aim of reducing the number of women in the criminal justice system (CJS) and extending more support for community sentences. 2 (See Appendix: 27) The police service is facing a budget cut of 20% by 2014/15 which may reduce the support available to victims and survivors of violence. The Crown Prosecution Service (CPS) is also facing cuts of 25%. Research into the experience of the CJS among women who have suffered domestic or sexual violence shows that large numbers of women already “felt disillusioned about the level of protection and response received from the police and felt they had unequal access to the CJS.” 3 Despite the Director of Public Prosecutions, Keir Starmer’s assurance that “the budget cuts will not affect our service to victims of sexual offences and domestic abuse” and that violence against women is a priority for the CPS, 4 we remain concerned that such substantial cuts may have an impact on the resources available to prosecute cases of violence against women and girls (VAWG). Government policy continues to pay disproportionate attention to criminal justice responses to VAWG. This, combined with a general lack of availability of information on the civil and criminal law remedies available in respect of VAWG, undermines the ability of women to choose the remedy which they identify as the most appropriate in their own situation. (See General Recommendation 19) The provision of specialist voluntary and community services for VAWG is essential to facilitate women’s access to legal remedies and increase their confidence in the CJS. 5 However, these organisations are also facing crisis at a national and local level. (See Article 2 and Appendix: 5) Case study: 6 “The Government must accept that women’s voluntary organisations have a wealth of expertise, experience and knowledge with regard to male violence against women and children.” 1. Human Rights Council (2010) Resolution adopted by the Human Rights Council, 15/23 Elimination of discrimination against women. Fifteenth session, Agenda item 3 http://www2.ohchr.org/english/bodies/hrcouncil/docs/15session/A.HRC.RES.15.23_En.pdf 2. The Law Society Gazette (2012) ‘Women’s criminal justice policy proposal fails’, The Law Society Gazette, 21st March 2012 http://www. lawgazette.co.uk/news/women-s-criminal-justice-policy-proposal-fails 3. Women’s National Commission (2009) Still We Rise: Report from WNC focus groups to inform the cross government consultation ”Together we can end violence against women and girls” http://eige.europa.eu/content/still-we-rise-report-from-wnc-focus-groups-toinform-the-cross-government-consultation-%E2%80%9Ctoge 4. Interviewed in Gentleman, A. (2011) “Restoring confidence so victims report rape is key”, The Guardian, 19th April 2011. http://www. guardian.co.uk/society/2011/apr/19/keir-starmer-domestic-violence-rape-prosecution-guidelines 5. Rights of Women (2010) Measuring up? UK compliance with international commitments on violence against women in England and Wales. ROW: London http://www.rightsofwomen.org.uk/pdfs/Measuring_up_A_report_by_Rights_of_Women.pdf 6. Rights of Women (2010) Measuring up? UK compliance with international commitments on violence against women in England and Wales. ROW: London http://www.rightsofwomen.org.uk/pdfs/Measuring_up_A_report_by_Rights_of_Women.pdf 152 Women’s equality in the UK: CEDAW shadow report 2013
15.6 15.7 15.8 15.9 15.10 15.11 There is evidence of a very real commitment to improving the responses of agencies such as the police and CPS and significant advancements have been made. However, the patchy implementation of these policies at the frontline mean that women continue to be let down and discouraged from accessing remedies through the CJS. Work clearly still needs to be done to ensure that the responses of statutory agencies are consistent at all levels, particularly amongst those agencies which have direct contact with women. 7 There are significant concerns about the responses of the UK Border Agency (UKBA) (See Article 9) and the Legal Services Commission (LSC), agencies which fail to take a consistent or gender sensitive approach to women experiencing violence. For example LSC rules on the availability of legal aid to enable women to access legal remedies are inconsistent and discriminatory. (See Appendix: 28) Judicial training on diversity and fair treatment issues More must be done to ensure that equality and diversity issues are mainstreamed into all judicial training and information for juries and that CEDAW is a core part of this training. Law and policy must effectively prevent discrimination and ensure an appropriate and gender sensitive response to all women. Women report facing negative attitudes, stereotypes and a general lack of awareness from the very professionals they seek support from. 8 The support available for women involved in criminal and civil cases, in particular survivors of VAWG, is also cause for concern. There are still issues with women’s relationship to the CJS which impacts on their decision to report crimes against them and to take cases to court at all. Case study: 9 “Police still divide women into good victims and bad victims. Good victims leave abusers. Go to refuges. Carry on with prosecution. And never go back even once. Bad victims...are most of us. There still needs to be much attitude changing needed in police although their response has improved over years.” Women reporting crime Women in the UK are still not receiving access to justice and the enactment of CEDAW Article 15. There are various barriers to women reporting crimes against them and to accessing the CJS and this is exacerbated for particular groups of women. For example, lesbian and bisexual (LB) women are not reporting homophobic hate crime because they fear discrimination which leads to a lack of information on these incidents against women. 10 Disabled women’s access to justice is also restricted due to access and attitudinal barriers. 11 (See Appendix: 36) Just 10% of victims of serious sexual assault will go to the police, mainly because they do not believe the CJS will help them and only four in ten victims of domestic abuse report it. 12 Although 7. Rights of Women (2010) Measuring up? UK compliance with international commitments on violence against women in England and Wales. ROW: London http://www.rightsofwomen.org.uk/pdfs/Measuring_up_A_report_by_Rights_of_Women.pdf 8. Rights of Women (2010) Measuring up? UK compliance with international commitments on violence against women in England and Wales. ROW: London http://www.rightsofwomen.org.uk/pdfs/Measuring_up_A_report_by_Rights_of_Women.pdf 9. Rights of Women (2010) Measuring up? UK compliance with international commitments on violence against women in England and Wales. ROW: London http://www.rightsofwomen.org.uk/pdfs/Measuring_up_A_report_by_Rights_of_Women.pdf 10. Women’s Resource Centre (2010) In All Our Colours: Lesbian, bisexual and trans women’s services in the UK. Briefing 13: LBT women and hate crime. WRC: London 11. Ortoleva, S. (2011) ‘Inaccessible Justice: Human Rights, Persons with Disabilities and the Legal System’ ILSA Journal of International & Comparative Law, Vol. 17, No. 2, pp. 281 - 320 12. Whitehead, T. (2012) ‘Nine in ten sex attacks go unreported, warns DDP’, The Telegraph, 22nd July 2012 http://www.telegraph.co.uk/news/ uknews/law-and-order/9418762/Nine-in-ten-sex-attacks-go-unreported-warns-DPP.html# Women’s equality in the UK: CEDAW shadow report 2013 153
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Women’s equality in the UK - A he
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Women’s equality in the UK - A he
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Appendices (online only) Appendix 1
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• the continued discrimination ag
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• Develop a common model of analy
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Article 9 - Nationality: One third
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investment in social infrastructure
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and increase the marginalisation of
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have been no prosecutions in Englan
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1 2 3 4 5 Introduction This is a Un
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10 11 12 13 housing crisis, a ‘lo
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1.1 1.2 1.3 Article 1 - Overarching
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1.7 1.8 1.9 1.10 1.11 1.12 Women’
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1.17 1.18 1.19 Young women We are a
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2.4 2.5 2.6 2.7 consult to “remov
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2.12 2.13 discrimination”. Howeve
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2.17 2.18 2.19 2.20 2.21 worsen gen
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2.26 2.27 2.28 2.29 CEDAW and the l
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3.7 3.8 3.9 3.10 would “increase
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3.15 3.16 3.17 and accountable EHRC
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3.22 3.23 3.24 report is was partic
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classes, migrants, and Gypsy, Trave
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the institutional discrimination an
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5.5 5.6 5.7 Case study: 8 Sandra li
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5.12 5.13 5.14 issue. A more approp
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6.1 6.2 6.3 6.4 Article 6 - Exploit
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6.9 6.10 6.11 to the protection and
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6.15 6.16 6.17 6.18 Office’s own
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6.24 6.25 6.26 women and increase t
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6.31 6.32 6.33 6.34 infrequent lap
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7.1 7.2 Article 7 - Political and p
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7.7 7.8 7.9 7.10 The House of Lords
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7.13 7.14 7.15 7.16 7.17 Recommenda
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7.21 7.22 7.23 Political representa
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9.1 9.2 9.3 9.4 9.5 9.6 9.7 Article
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9.9 9.10 Mainstreaming gender in th
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9.15 9.16 9.17 biased views towards
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9.21 9.22 9.23 9.24 women. 47 (See
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9.28 9.29 9.30 9.31 New family migr
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9.35 9.36 UKBA, where men and women
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9.39 9.40 9.41 9.42 • Do not redu
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9.46 Research on immigration case m
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10.5 10.6 10.7 10.8 10.9 The Educat
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10.13 10.14 10.15 10.16 boys and on
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10.22 10.23 allow speakers to promo
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10.29 10.30 10.31 10.32 Case study:
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10.37 10.38 10.39 10.40 • Many wo
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10.46 10.47 10.48 applications (fig
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11.1 11.2 11.3 11.4 Article 11 - Em
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11.8 11.9 are 754,000 women working
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Page 127 and 128: 12.60 12.61 12.62 12.63 12.64 hospi
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Page 195 and 196: Annex 1: The Devolved Administratio
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ESA - Employment and Support Allowa
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Annex 5: Acknowledgements Many than
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Women’s Resource Centre is suppor
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