OMCT Expresses Concern at Violence Against Women in Brazil at 30th Session of Committee on Economic, Social and Cultural Rights

May 7, 2003 – (OMCT Press Release) The UN Committee on Economic, Social and Cultural Rights will tomorrow, 8 May 2003, begin its examination of the implementation of the International Covenant on Economic, Social and Cultural Rights in Brazil. In its alternative country report entitled "Violence against Women in Brazil," which has been submitted to the Committee on Economic, Social and Cultural Rights, the World Organisation Against Torture (OMCT) expresses its grave concern at reports of violence against women at the hands of both private individuals and state officials.

Brazil has, in recent years, introduced several initiatives aimed at promoting and protecting the human rights of women. For example, the new Civil Code of 2003 embodies the Constitutional principle of equality between women and men. However, women face inequality in many aspects of their lives such as high levels of unemployment, unequal representation in government, unequal educational opportunities as well as discrimination in the family. These inequalities have serious implications for the advancement of women and the full enjoyment of their fundamental rights. Specifically, the unequal gender power relations renders women vulnerable to violence both in the domestic and the community sphere.

Domestic violence is widespread in Brazil. Besides the few articles applicable to domestic violence in Brazilian legislation which consider domestic violence a minor crime, there is no specific comprehensive legislation dealing with domestic violence. As women suffer from higher levels of unemployment than men in Brazil and when they are employed, they frequently work in precarious jobs at lower salaries, they are often economically dependent on their male partners and therefore unable to leave violent relationships. In addition, the shortage of adequate housing including emergency shelters for victims of domestic violence has created a situation whereby women who are victims of domestic violence often have little choice than to continue co-habitating with the perpetrators of this violence.

Moreover, when the women report the violence, the police and the judiciary do not take the crime seriously. Reportedly, only 2% of complaints relating to domestic violence lead to convictions, and when convicted, the penalties are very light. As a result, there is a culture of impunity surrounding these crimes in Brazil.

The Penal Code discriminates against women in relation to rape, providing that a man who rapes a woman will be exempt from punishment if he offers to marry her ("reparatory marriage"). Additionally, the provisions in the Penal Code addressing minor sexual assault require that the victim be an "honest" woman. The moral judgments towards victims of sexual violence by members of the police and the judiciary have lead to a lack of confidence in the law enforcement response to acts of violence against women and thus to the under-reporting of rape and other forms of violence against women in Brazil.

Trafficking in women and children remain major problems in Brazil and although there are penalties for trafficking in Brazil, traffickers are seldom caught or convicted. Much trafficking occurs within the borders of Brazil, where there is an estimated 500,000 girl prostitutes. The problem is particularly acute in the rural areas, in mining towns where girls are reportedly auctioned off for as much as $4,000. Government initiatives to combat trafficking have serious difficulties in reaching these remote areas.

Additionally, there is a high mortality rate connected to illegal abortions in Brazil. In Brazil, abortion is illegal except under specific circumstances, such as when the mothers' life is threatened or in case of rape. Illegal abortions in Brazil are estimated at around a million per year. Abortion is the fifth main cause for visiting a public health service and the third cause of maternal death in the country.

Overall, the government has failed to protect women from violence whether at the hands of private individuals or state officials. OMCT's report concludes that while Brazil has a duty under international law to act with due diligence to prevent, investigate, prosecute and punish all forms of violence against women, irrespective of whether this violence is committed by public or private individuals, this obligation has not been adequately implemented at the national level.

For copies of the alternative report on "Violence against Women in Brazil" or for further information on OMCT's programme on Violence against Women please contact Lucinda O'Hanlon at + 41 22 809 4939 or loh@omct.org.