Committee Opinion | Doc. 14297 | 25 April 2017
Protecting refugee women from gender-based violence
Committee on Migration, Refugees and Displaced Persons
A. Conclusions of the committee
(open)B. Proposed amendments to the draft resolution
(open)Amendment A (to the draft resolution)
In the title, after the word “women”, add the words “and girls”.
Explanatory note:
Female refugees under the age of 18 are often victims of gender-based violence including sexual assault, trafficking and child marriage, both in their home country as well as while fleeing. They deserve special attention as child refugees and unaccompanied minors. This should be reflected in the title.
Amendment B (to the draft resolution)
At the end of paragraph 5.1, add the following words:
“and the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No. 201);”
Explanatory note:
When protecting women against gender-based sexual violence, girls must not be forgotten. Reference should be made to the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No. 201).
Amendment C (to the draft resolution)
After paragraph 5.2.6, insert the following paragraph:
“in accordance with the UNHCR’s Comprehensive Protection Framework on Access to Justice for Sexual and Gender-Based Violence Victims and Survivors, provide for regular visits by mobile courts or court officers to these facilities and document such visits, in order to ensure that sexual assaults are investigated and prosecuted;”
Explanatory note:
In its Comprehensive Protection Framework, 
the UNHCR recommended the establishment
of “mobile courts” which could visit reception and transit facilities
for refugees, in order to ensure that sexual assaults are investigated
and prosecuted, because these refugees would otherwise not have
adequate access to the courts.
Amendment D (to the draft resolution)
After paragraph 5.2.7, add the following paragraph:
“ensure the same access to affordable and adequate health services for all women and girls as for the general population, regardless of the definitions used (migrant, immigrant, refugee or asylum seeker);”
Explanatory note:
The latest Health Evidence Network (HEN) report of the World Health Organization (WHO) (2016) demonstrates that variations of definitions used for different groups of migrants in different areas affect access to health care. Legal status emerged as one of the most significant factors in determining whether migrants were able to access affordable and adequate health services.
Amendment E (to the draft resolution)
After paragraph 5.2.7, add the following paragraph:
“ensure that girls are free to decide for themselves, that their voluntary and informed consent is always obtained, and that they do not require the authorisation of a spouse, parent/guardian or hospital authority to access sexual and reproductive health services;”
Explanatory note:
Human rights bodies have called on countries to eliminate the barriers people face in accessing health services, such as high fees for services, the requirement for authorisation by a spouse, parent/guardian or hospital authority, distance from health care facilities, and the absence of convenient and affordable public transport.
[General recommendation No. 24 (20th session): Article 12
of the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW) — women and health. In: Report of the Committee
on the Elimination of Discrimination against Women, Fifty-fourth
session of the General Assembly, Supplement No. 38 (Chapter I).
New York (NY): United Nations; 1999 (A/54/38/Rev.1)) ]
Amendment F (to the draft resolution)
At the end of paragraph 5.3.1, add the following words:
“and aim at full protection, including refugee status;”
Explanatory note:
The European Union provides refugee status for women and girls where there is well-founded fear of violence, but research by Nora Markard (2006) has shown that some member States only give them one year’s subsidiary protection.
Amendment G (to the draft resolution)
At the end of paragraph 5.4.1, add the following words:
“and implement new safe legal pathways, to ensure a safer transit for women and girls;”
Explanatory note:
Legal pathways for migration should be created outside Europe, not far from detention centres. These pathways must be “safer procedures” than the current “hotspots”.
C. Explanatory memorandum by Ms Petra De Sutter, rapporteur for opinion
(open) These alarmingly high numbers reflect
the desperate situation of women and girls who are often fleeing
from sexual and gender-based violence, but who also frequently experience
such violence while fleeing. The United Nations Children's Emergency
Fund (UNICEF) found that Syrian refugee girls had increasingly been
forced into marriage in Jordan. Amnesty International has reported
that Syrian female refugees fleeing to Turkey also experienced sexual
and gender-based violence, including child marriage and trafficking. stipulates that traumatised asylum
seekers should be screened at the outset of their detention and be
provided with medical treatment and psychological counselling. Article 6 of the United Nations Convention
on the Elimination of All Forms of Discrimination against Women requires that “States Parties shall
take all appropriate measures, including legislation, to suppress
all forms of traffic in women and exploitation of prostitution of
women”. This obligation is particularly important in order to combat
the widespread phenomenon of gender-based sexual violence against,
and trafficking of, refugee women. In addition, United Nations Security
Council Resolution 1325 on women and peace and security calls for special measures to protect women
and girls from gender-based violence, particularly from rape and
other forms of sexual abuse.