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Prevention and countermeasures against domestic and gender-based violence against Ukrainian women abroad and the UN Committee on the Elimination of Discrimination against Women
In our previous publication (https://la-strada.org.ua/novyny/zapobigannya-ta-protydiya-domashnomu-ta-genderno-zumovlenomu-nasylstvu-shhodo-ukrayinok-za-kordonom.html) we began to raise the issue of insufficient protection of Ukrainian women abroad from domestic violence. We also told the story of Oleksandra, who was forced to return to Ukraine, leaving her youngest daughter with an abusive husband.
So what was the continuation of this story and why is the UN Committee on the Elimination of Discrimination against Women here?
After returning to Ukraine, Oleksandra appealed to the Ukrainian court with a claim for divorce and establishing sole custody of both daughters. Having received indisputable evidence of domestic violence by her husband, the court fully satisfied the woman's claim. However, the decision of the Ukrainian court on the territory of the country of residence of Oleksandr's ex-husband still cannot be enforced due to the lack of an agreement between the two countries on mutual legal assistance in civil matters. This fact once again emphasizes the vulnerability of citizens of Ukraine who have suffered from domestic violence abroad, since in most cases they can achieve the protection of their rights only while they are in the host country. After returning to Ukraine, the chances to protect and defend one's rights are significantly reduced, and in some cases they are completely nullified.
Having received the decision of the Ukrainian court, which in fact could not be implemented, Oleksandra decided not to stop there. She repeatedly addressed numerous statements and complaints both to the Ukrainian authorities and to the authorities of her ex-husband's country of residence. However, she never received a clear answer or explanation on how to protect her rights.
In fact, in Alexandra's situation, there were no longer any national remedies that she could apply, so the woman decided to seek justice in international institutions. So she turned to the UN Committee on the Elimination of Discrimination against Women. The committee considered her case for about five years, and issued its conclusions and recommendations in mid-2019.
The Committee recognized that although the Convention on the Elimination of All Forms of Discrimination against Women (https://zakon.rada.gov.ua/laws/show/995_207) does not directly touch on the issue of consular protection, nevertheless, the participating state must adequately protect its citizens from violations of their fundamental rights abroad, especially if it has a representative office in the relevant state. At the same time, consular protection is of particular importance in cases of gender-based or domestic violence and in child custody disputes.
The Committee stated that Oleksandra did not receive timely and proper assistance from the Embassy of Ukraine, both during the period when she suffered from domestic violence and during the consideration of the custody case in the Sharia court (in particular, the Embassy did not provide her with a lawyer and a translator). Accordingly, in this situation, a violation of a number of articles of the Convention on the Elimination of All Forms of Discrimination against Women was recognized, namely: points (a), (d), (f) of Article 2, Article 3 and Article 5. The Committee made a number of recommendations to our party in the context of this case, and not only regarding the author of the appeal personally, but also regarding the implementation of the Convention as a whole. Thus, Ukraine was recommended to guarantee the effective provision of consular protection to Ukrainian women who are in a vulnerable situation abroad; to provide legal assistance in obtaining access to justice, including situations of gender discrimination and disputes regarding obtaining custody of children, to women who are abroad and in need of assistance; provide comprehensive training of consular staff in matters related to the application of international standards, including the Convention on the Elimination of All Forms of Discrimination against Women, etc.
This decision of the UN Committee on the Elimination of Discrimination against Women is significant not only for Ukraine, but also for the international community as a whole. This is the first case considered by the Committee on its merits regarding the state of Ukraine. It is also the first case considered by the Committee, in which the state's obligation to provide consular protection was specified in the context of the Convention on the Elimination of All Forms of Discrimination against Women.
Incidentally, it should be noted that the lawyers of the NGO "La Strada-Ukraine" were engaged in legal support of this case during its consideration by the Committee.
The text of the conclusions and recommendations of the Committee on Oleksandra's case is available at the link https://minjust.gov.ua/files/general/2019/12/28/20191228164352-88.docx (Ukrainian version), https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2fPPRiCAqhKb7yhsujVF1NesLff7bP5A183yaz0IbxrFKRFr7MqKQ%2fp%2fPCvZrOj%2fZwnY%2fh6g2yPrLwlR5rICgdsL75vZZ0vjUk978L0zdBNnV6V2TJBx6XBSru9ziC6hdVb7CtO1E1oGWrXE90ifoArVTcj4x5o4gGZr1M%3d (English version).
The recognition of the violation of Alexandra's rights by the UN Committee on the Elimination of Discrimination against Women and the issuance of relevant recommendations to our country did not put an end to the story of Alexandra and her struggle for the return of her daughter. Read about the development of this story in our next publications.
We also encourage you to continue sharing stories about how you or your relatives, friends, acquaintances suffered from domestic or gender-based violence while abroad, and whether you were able to defend your rights. You can post your stories on our Facebook page (link to the Facebook post) or send them to us by mail: info@la-strada.org.ua.
All the stories and experiences you share will be taken into account when preparing recommendations for the authorities to improve the response to cases of domestic violence and better protect Ukrainian citizens abroad.
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