Human Rights Council Study Guide

H U M A N
R I G H T S
C O U N C I L
H E A D C H A I R
G A B R I E L A P I R E S
C H A I R
A N I T A T A U L O I S
C H A I R
V I C T O R S O U Z A
RIO DE JANEIRO MIDDLE SCHOOL
MODEL UNITED NATIONS
STUDY GUIDE

HRC STUDY GUIDE
R J M S M U N
CONTENTS
2
Letter from the Dais/Chairs ……………………………………………………………. 3
Topic A:
Background Information……………………………………………………… 5
Current Situation………………………………………………………………….. 8
Bloc Positions………………………………………………………………………. 9
Timeline of Events……………………………………………………………….. 11
Definition of Key Terms………………………………………………………. 12
Guiding Questions……………………………………………………………….. 13
Bibliography…………………………………………………………………………… 13
Topic B:
Background Information…………………………………………………….. 19
Current Situation ………………………………………………………………….21
Bloc Positions……………………………………………………………………….22
Timeline of Events………………………………………………………………..24
Definition of Key Terms……………………………………………………….26
Guiding Questions………………………………………………………………..27
Bibliography…………………………………………………………………………..27

HRC STUDY GUIDE
R J M S M U N 3
LETTER FROM DAIS
Dear delegates,
As members of this year's board of the Human Rights Council, we would like to welcome
you to the first edition of the RJMSMUN! We are honoured to be serving as your chairs
throughout the conference and committed to making our committee a comfortable and
pleasant environment for all of you. It is quite thrilling to have the opportunity of working
with such dedicated delegates; we're sure that each of you will contribute towards a juicy,
fruitful debate.
As you may know, the Human Rights Council is an inter-governmental body within the
UN, meaning more than two governments conduct it. The Council is made up of 47
members who are elected by the UN general assembly, responsible for promoting and
protecting human rights and addressing its violations worldwide. Moreover, the Council
discusses all human rights-related situations that require attention during the year; it
meets regularly in the UNHRC headquarters located in Geneva, Switzerland.
This year, in the Human Rights Council, we will be discussing the right to privacy in the
digital age and addressing the increase in domestic violence. The aforementioned topics
are of utmost importance, and your resolutions are to suggest different approaches to, if
not solve, minimise, some of the most controversial and pressing issues of the 21st
century. This will be an excellent opportunity to expand your horizons and acquire
knowledge regarding human rights complications worldwide. We have carefully prepared
this study guide to help direct you through your research and preparation for the
conference.
If any doubts arise, please do not hesitate to contact us! We hope you make the best out
of your committee sessions, and most importantly, have fun!
Your chairs,
Gabriela Pires 2022gabrielapires@britishschool.g12.br
Anita Taulois 2022anitataulois@britishschool.g12.br
Victor Souza 2021victorsouza@britishschool.g12.br

HRC STUDY GUIDE
R J M S M U N 4
TOPIC A: Discussing the right to
privacy in the digital age
“ T O D A Y , A L M O S T 3 B I L L I O N P E O P L E A R E U N D E R
S U R V E I L L A N C E B Y G O V E R N M E N T S A N D L A W
E N F O R C E M E N T , I N P A R T B E C A U S E M O N I T O R I N G
T E C H N O L O G Y I S G E T T I N G M O R E A D V A N C E D A N D
M O R E A F F O R D A B L E ” ( G I L B E R T , 2 0 1 9 ) .

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BACKGROUND INFORMATION
Overview
Digital technology has dramatically impacted human progress and has contributed to
the rapid advancement of societies as a whole (Nations, 2021). The impact of such
technology, nevertheless, has allowed for the State as well as enterprises and
businesses to easily gather one's data, increasingly be able to track, analyse and predict
users' location and go as far as manipulating people’s behaviours and feelings in prol of
their own benefits (OHCHR, 2021). It has been found that governments collect and
analyse the personal information of their population through the use of artificial
intelligence and thus utilise such data to manipulate elections on grand scales, thus
subverting the process of free democratic elections (Gilbert, 2019). Experts have stated
that such technological developments risk human dignity and human rights safeguard if
not dealt with carefully and effectively (OHCHR, 2021).
Worldwide Surveillance
During World War II, an alliance between the United States, United Kingdom and their
respective security agencies, National Security Agency (NSA) and Government
Communications Headquarters (GCHQ), was forged to decrypt Soviet intercepts and share
information about the content of such matters (Hanna, 2017). Nevertheless, the alliance
did not end with the war, yet, it prospered and acquired more countries, such as Australia,
Canada, and New Zealand. The alliance named “Five Eyes Oversight and Review Council”,
or commonly known as “Five Eyes”, aimed at collecting, sharing and analysing information
obtained by lawful or unlawful intrusion of right to privacy (Kim and Perlin, 2019). The full
extent of the Five Eyes information about one’s data is still vague. Nevertheless, Edward
Snowden's leak shed light on the depths of the problem which is mass surveillance upon
the population, leading to the understanding that online activities, phone conversations,
and many other online matters are being monitored at all times, enabling a constant fear
of surveillance upon the American citizens (Švenčionis, 2020). The Five Eyes actions are
also directed towards geopolitical, political adversaries, such as China, Russia and Iran
(Švenčionis, 2020). Nowadays, the United States, alongside the Five Eyes, spy on
approximately 193 foreign countries and their population; nevertheless, it does not spy on
the alliance countries (Fisher, 2014).

The Five Eyes sharing arrangements are of the utmost secrecy, thus “allowing for
arbitrary or unlawful intrusions on the right to privacy”, which circumvent domestic and
international legal restrictions on surveillance in general (Privacy International, 2019).
Many countries, which are being spied, dislike such ideas, nevertheless are unable to
“fight back” as they don’t have the means necessary for it. Furthermore, the Five eyes
alliance has grown exponentially with it ultimately having extensions such as the 9-eyes
alliance (consisting of the five eyes states, Denmark, France, Netherlands, and Norway)
and also the 14- eyes alliance (consisting of the nine eyes, Belgium, Germany, Italy, Spain
and Sweden).
In 2018, the Human Rights Council had once again affirmed that “the same human rights
that people have offline must be protected online”, social media companies would also
have to abide by such measures. After the discovery that Facebook was sending sensitive
data to the US, the European Union sent to court the company and thus prohibited private
information to be sent across the Atlantic, securing the privacy of the population within
the bloc (Amaro, 2020). The continued data breaches have alarmed the public in regards to
the safety of their personal data. With its headquarters in the United Kingdom, Cambridge
Analytica was discovered to have exploited over 50 million Facebook users' personal data
to influence the 2016 American Elections (Tulane University, 2020). Furthermore, the
Russian Internet Research Agency was also accused of utilising the personal information of
social media users to interfere with the US elections (Tulane University, 2020). The Russian
enterprise, alongside 3 other Russian social media companies, was charged for
“committing federal crime while seeking to interfere in the United States political system,
including the 2016 Presidential election… with the goal of spread[ing] distrust towards the
candidates and the political system in general (Department of Justice, 2018).”
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R J M S M U N 6
Social Media

In 2013, for the first time, the United Nations agreed upon the rights a person has
“offline must also be protected online” (United Nations, 2013). Crafted by Brazil, together
with Germany, the measures to deal with the right of privacy was sent to the Assembly's
Third Committee and in its content possessed a range of issues relating to “human
rights, social development and crime prevention” in the digital sphere (UN, 2013). In
addition, the United Nations, in its 2016 resolution, urged all nations to commit to the
right to privacy policies and that any state with a legitimate concern in regards to
security laws can and should address it consistently under the international human
rights laws (Brown 2016). It also recognised that data collection is increasingly being
gathered by States and industries without the individual’s explicit consent and thus
should not be permitted. It calls upon the “strengthening of protections against such
violations” (Brown 2016). It acknowledges the role of the private sector in the
commitment of abuse and violations of the right to privacy. Furthermore, it calls for the
state to prevent the private sector from continuing its violations effectively. Finally, it
notes the effects of such violations regarding women, children and vulnerable or
marginalised communities (Brown 2016).
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R J M S M U N 7
Past UN Actions

The right to privacy in the digital age has been of the utmost importance because
technology has taken a crucial role in society, as 4.66 billion people utilise the internet
daily; thus, their privacy online must be respected and protected.
At present, social media-related companies such as Facebook and Twitter have to pay
fines for the unlawful use of their user’s data and sensitive information. Due to its
constant privacy scandals worldwide, Facebook has paid nearly $5 billion in settlements
(Nuñez, 2019). To prevent more privacy breaches and scandals, Facebook has created
new policies that ensure the privacy of its users, such as: adding restrictions on the data
that apps affiliated to Facebook can access, as well as allowing users to revoke
facebook’s access to some sensitive data (Edelson, 2018). Experts state that these kinds
of data breaches and scandals are becoming more frequent (Bachelet, 2019). TikTok,
similarly, is being sued by multiple families due to recent discoveries that the app has
been unlawfully collecting information upon its users and sending it directly to servers in
China (Allyn, 2020). As a result, the former president of the US, Donald Trump,
unsuccessfully tried to ban the platform from American soil (Leskin, 2020).
Furthermore, the Five Eyes has mass surveillance upon almost every country globally
except its members, causing countries such as China to oppose such measures. In
November 2020, China stated that if nations "dared harm China's sovereignty, they
should beware that their eyes could be blinded"(CNN, 2020). The EU also dislikes the
idea of constant surveillance upon its citizens and wishes to tighten its privacy laws to
try to prevent such actions from happening (Stojanova, 2019).
HRC STUDY GUIDE
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CURRENT SITUATION

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R J M S M U N 9
BLOC POSITIONS
China is estimated to be the country that withholds one of the highest numbers of internet users
globally as part of its 1.4 billion people are increasingly becoming digitised (Wu, 2020).
However, throughout the years, Chinese legislation has struggled to level with such
developments. As stated by Xu Ke, a professor at the University of International Business and
Economics in Beijing, “When the law hasn’t set a definition for personal information, then a lot of
disputes are very hard to resolve because there’s no way to sue” (Wu, 2020). According to legal
experts, what strikes as the major issue in the Chinese legislations regarding privacy in the digital
age is the fact that laws fail to foist proper sanctions for companies responsible for breaching
such, in addition to the complaint of the legal system's inconsistency whilst dealing with data
privacy cases. An example of Chinese companies breaching data privacy occurred recently in
2020, a case in which a cumulation of leaked data demonstrated that a Chinese tech company
with links to intelligent networks and China's military had collected personal details of millions
globally. The company's representatives have denied the reliability of such accusations, yet
records from 250,000 people have been recovered from the leaked data of millions, including
personal information from Americans, Australians, and Britons (Hurst, Kuo, Graham-McLay,
2020).
China
Russia
On the 1st of January 2021, a new law aimed at "creating a uniform federal database" was
established in Russia. Such a federal database is expected to include the personal data of the
whole of the Russian population, taking into account education, residence permits, employment,
tax information, marital status, birth certificates and passports, in addition to changes of gender
(Zoblina, 2020). Yet, alongside the introduction of such a law, a threat to Russian individuals'
security of data and privacy rights is raised. Russia is a party of the Council of Europe’s
Convention 108+ which presents precepts related to the privacy of personal data coherent with
a Russian law that prohibits the overuse of data collected, that should be used for the specific
reason for its gathering (Zoblina, 2020). Such Council also stands for a principle that should not
make significant decisions concerning an individual with basis on automated processing data,
which its purpose is contradicted via the introduction of this new Russian database that aims to
create a golden profile that serves for the allotment of social benefits for Russian citizens
(Zoblina, 2020). Speculations regarding such new law enforcement were recently raised, as it
questioned the consideration of the Russian government in regards to the importance of privacy
in the digital age. However, in previous years Russia proved otherwise as it raised administrative
sanctions for a range of privacy violations in 2017, according to the deputy head of the legal
department, Sergey Medvedev (Medvedev, 2020).

HRC STUDY GUIDE
R J M S M U N 1 0
According to data from IBM, the UK's average cost of a data breach has accounted for
approximately £2.7 million, serving as a great disservice to the country's role concerning the
right to privacy in the digital age (Computerworld UK, 2020). Before Brexit, the UK followed the
General Data Protection Regulation alongside EU nations, considered the most vigorous privacy
and security legislations globally (Wolford, 2020). The GDPR assures the data security of
individuals of the EU through the enforcement of obligations directed to any organisation in the
world if it is regarding their data privacy. As the UK has ceased to incorporate the EU GDPR, it
has developed a general protection regulation of the country, UK GDPR, with principles that
resemble those core in the EU GDPR followed by minor changes, according to the ICO (ICO,
2020). Alongside the UK GDPR, the Data Protection Act 2018 is also in place to ensure the
safety of organisation's and the government's usage of personal data belonging to UK citizens,
granting people the right to be knowledgeable of the extent of data organisations and the
government may have concerning them (GOV.UK, 2020).
United Kingdom
United States of America
The United States' approach concerning data privacy is known to be a sectoral approach,
meaning that it relies on regulation, legislation, and self-regulation instead of solely
governmental interference (HG.org, 2020). The US depends on the population's and companies'
responsibility regarding data privacy, expecting US citizens to protect their data and
organisations from investing in their consumers' security. According to Statista, at the start of
2020, 540 data breaches were reported. In the previous year of 2019, 164.68 million sensitive
records were made public, with a total of 1,473 data breaches in the United States (Statista,
2020). The sectoral approach of the country has resulted in several gaps in the enforcement of
the law, with cases causing the emergence of new laws arising when convenient. Examples of
sector-specific legislation in the US include the Gramm Leach Bliley Act, concerning the
protection of personal data shared with insurance companies, banks, and other financial
institutions, enforced since 1999 (ICLG, 2020).

HRC STUDY GUIDE
R J M S M U N 1 1
TIMELINE OF EVENTS
1941
The alliance called Five Eyes was created.
1946
UKUSA agreement was signed, strengthening the
sharing of information between the US and the
UK.
1982
The alliance of the 14- eyes were created.
2007
Mark Zuckerberg apologises for selling Facebook.
users’ personal information.
2009
The alliance of the 9- eyes were created.
2011
Facebook privacy scandals.
2013
Edward Snowden leaked highly classified
information about the Five eyes revealing to the
world the depths of their surveillance.
2013
Brazil and Germany introduce a resolution about
the right to privacy in the UN General Assembly's
digital age.

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R J M S M U N 1 2
2014
Mood-manipulation experiment on thousands of
Facebook users.
2015
The European Court of Justice ruled that personal
data from its citizens should not be shared with
non-European countries.
2016
Russian interference in the United States’ election
through social media and the user’s data.
2018
Cambridge Analytica was discovered to have
collected the personal information of Facebook
users and interfered with the US elections.
2018
The Belgium Court told Facebook to stop tracking
people across the entire internet.
2019
Over 5 million Google user's data were
compromised.
2020
China threatens Five Eyes.
2020
Trump tries to ban TikTok.

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R J M S M U N 1 3
DEFINITION OF KEY TERMS
GDPR
General Data Protection Regulation. The GDPR is the European regulatory agency that protects
the online data and privacy of the citizens within the European Union.
Five Eyes
Five Eyes Oversight and Review Council. The Five Eyes is an alliance created by the United States
and the United Kingdom during the First World War to spy and share all information obtained
regarding countries outside of the alliance.
NSA
National Security Agency. The NSA is an American agency that is responsible for communication,
intelligence and security.
GCHQ
Government Communications Headquarters. The GCHQ is the United Kingdom’s intelligence and
security organisation responsible for providing information to the UK armed forces.

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GUIDING QUESTIONS
Should the media, including television, radio and film, be
restricted? If so, in what ways? If not, why not?
What are your country's regulations regarding the right to
privacy in the digital age?
What can the UN Human Rights Council do to ensure digital
freedom and their right to privacy?
Why is it important to raise awareness about privacy in the
digital world?
Which data should be private and which data shouldn't?
Which countries contain the most media censorship, and which
ones doesn't?

Bibliography
OVERVIEW
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Worldwide Surveillance
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1

Social Media
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Past United Nations Actions
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Current Situation
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2

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Stojanova, I., 2019. EU to Oppose the "Five Eyes" Weakening of Encrypted
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Leskin, P., 2020. Trump's push to ban TikTok, explained in 30 seconds.
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Timeline
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3

Lindsey, N., 2019. Twitter Privacy Breach Served up Targeted Ads to Users. [online]
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CHINA
Wu, Huizhong. 26/05/2020, "In land of big data, China sets individual privacy rights",
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20EF
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RUSSIA
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UK
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4

GDPR.EU. 2020, "What is GDPR, the EU’s new data protection law?", GDPR.EU, Online,
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https://www.gov.uk/data-protection
US
ICLG. 06/07/2020, "USA: Data Protection Law and Regulations 2020", ICLG, Online,
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Hg.org. 2020, "Data Protection Law", Hg.org, Online, Accessed 14/02/2021
https://www.hg.org/data-protection.html
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ce-law
SPAIN
5

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BRAZIL
Glória. 2020, "Dados de violência", Glória, Online, Accessed 17/02/2020
https://www.eusouagloria.com.br/dados
Instituto Maria da Penha. 2020, "Resumo da Lei", Instituto Maria da Penha, Online,
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s-durante-a-pandemia-no-brasil
Cunha, Carolina. 2020, "Feminicídio - Brasil é o 5º país em morte violentas de
mulheres no mundo", UOL, Online, Accessed in 17/02/2021
https://vestibular.uol.com.br/resumo-das-disciplinas/atualidades/feminicidio-brasil-
e-o-5-pais-em-morte-violentas-de-mulheres-no-mundo.htm?cmpid=copiaecola
Correa, Fabricio. 2014, "Lei maria da penha não é eficaz segundo ipea", Jusbrasil,
Online, Accessed 17/02/2021
https://fabriciocorrea.jusbrasil.com.br/artigos/121941706/lei-maria-da-penha-nao-e-
eficaz-segundo-ipea
6

RUSSIA
Library of Congress. 30/12/2020, "Russia: Decriminalization of Domestic Violence",
Library of Congress, Online, Accessed 17/02/2021
https://www.loc.gov/law/help/domestic-violence/russia.php
Chatham House. 20/07/2020, "Domestic Violence in Russia: The Impact of the
COVID-19 Pandemic", Chatham House, Online, Accessed 17/02/2021
https://www.chathamhouse.org/2020/07/domestic-violence-russia-impact-covid-19-
pandemic
Medicine Net. "Domestic Violence", Medicine Net, Online, Accessed 15/02/21
https://www.medicinenet.com/domestic_violence/article.htm#what_is_domestic_vi
olence_what_are_the_types_of_domestic_violence
CURRENT SITUATION
https://www.womenshealth.gov/relationships-and-safety/sexual-assault-and-rape/s
exual-assault
https://www.unwomen.org/en/what-we-do/ending-violence-against-women/facts-an
d-figures
https://peacekeeping.un.org/en/conflict-related-sexual-violence
https://www.nsvrc.org/statistics
TIMELINE
Oregon Coalition Against Domestic and Sexual Violence. "Historical timeline", Oregon
Coalition Against Domestic and Sexual Violence, Online, Accessed 16/02/21
https://www.ocadsv.org/about-us/historical-timeline
LSE (London School of Economics), "Tackling Violence Against Women", LSE (London
School of Economics), Online, Accessed 16/02/21
https://lsedesignunit.com/VAW_timeline/
7

HRC STUDY GUIDE
R J M S M U N 2 2
TOPIC B: Addressing the issue of
domestic violence
D O M E S T I C V I O L E N C E I S T H E L E A D I N G C A U S E O F I N J U R Y
T O W O M E N - M O R E T H A N C A R A C C I D E N T S , M U G G I N G S ,
A N D R A P E S C O M B I N E D . A P P R O X I M A T E L Y ½ O F A L L
H O M E L E S S W O M E N A N D C H I L D R E N I N T H E U . S A R E
F L E E I N G F R O M D O M E S T I C V I O L E N C E . E V E R Y 9 S E C O N D S
I N T H E U . S , A W O M A N I S A S S A U L T E D O R B E A T E N .

Domestic violence can be defined as a pattern of intentionally violent or controlling
behaviour used by a person against a family member or intimate partner to gain and
maintain power and control over that person during and/or after the relationship.
Therefore, it affects men, women, teen girls and boys, whether married or unmarried, in
a casual relationship. Intimate partner violence includes various forms, such as but not
limited to psychological, sexual, physical, economic, stalking and cyberstalking abuse.
Domestic violence affects millions of people worldwide and often results in
physical/emotional injuries or even death. Violence has no age or gender; anyone can be
subjected to it anywhere. The media reporting of celebrities' cases of domestic violence
supports this claim.
Statistics about those affected by intimate partner violence are staggering; domestic abuse
affects 3-5% of current adult relationships in the United States, including more than 2
million women. Nearly ⅓ of women can expect to be the victim of intimate power violence
sometime in their lifetime.
Despite the issue disproportionately affecting women, the myth that men do not suffer is
untrue; 800,000 men are victims of intimate partner abuse. About 25% of gay, lesbian,
bisexual and transgender (LGBT) individuals are victims of intimate partner abuse, just as
often as are heterosexual women. Research into deaths that result from intimate partner
abuse in the United States and Austria indicate that 50% of women murdered are the
result of domestic violence, most often using a gun.
HRC STUDY GUIDE
R J M S M U N 2 3
Overview
Statistics
The Vicious Cycle:

There tends to be an addictive cycle in abusive relationships, which initiates with a
tension-building stage, in which the abuser tends to engage in lower-level abuse
characterised by insulting, pushing and escalating demands for control. Simultaneously,
the victim tries to appease the abuser to avoid worsening the situation. Acts of abuse
escalate to a severe level during the explosive stage, manifesting as the most overt and
severe abuse such as punching, slapping, rape or other forms of sexual violence. In the
end, the abuser seems remorseful and apologetic, promising vaguely that the episode
will never happen again and showering the victim with affection. This traps the victim
into the never-ending cycle, as they develop an emotional dependency on his/her
partner.
The consequences of domestic abuse are significant public health ramifications. Between
25-50% of homeless families have lost their homes due to intimate partner violence; this is
also associated with almost $6 billion in health care costs and lost work productivity per
year. Furthermore, such victims are subjected to a higher risk of facing discrimination in
securing any form of insurance, including health, life, disability and property insurances.
They are also more likely to experience trouble raising their children and suffer family
disruption, besides being vulnerable to developing depression, anxiety and substance
abuse disorders.
HRC STUDY GUIDE
R J M S M U N 2 4
Consequences

The recent controversy in Hollywood regarding domestic violence, sexual assault and
sexual harassment has raised alarms worldwide. Although the United States is
attempting to pass legislation to fix these problems, other nations such as France focus
on improving its current policy. Marital rape and domestic violence laws across the
world typically provide women with less legal security, while rape provides the best legal
protection worldwide, according to a 2018 study by the Washington Post.
Moreover, according to the UN, rapists are excluded from punishment in 37 countries,
whether married to or marry after the survivor. In terms of total legal security, Europe
and North America were the best, while Western Asia and particularly the Middle East
were the world's weakest area for legal protection in this respect, owing in part to the
lack of regulations against marital rape.
Many European countries such as Belgium, Luxembourg and the Netherlands regard
rape as a legal problem rather than a criminal act, enabling the perpetrator to prevent
prosecution by admitting responsibility and understanding the victim. Rape and
domestic violence are legal in many other Asian nations like China and India; the
aggressor may even avoid punishment if he is married or marries the victim.
In 2006, Tarana Burke launched "me too" with young black women and girls from low-
wealth backgrounds to help domestic violence and sexual assault survivors find routes
to justice, encouraging them to tell their experiences by their free will. Her inspiration
originated from a 13-year-old girl who trusted Tarana to warn her that she had been
sexually assaulted. Not knowing then what to respond to comfort the girl, she replied,
"me too". Actress Alyssa Milano popularised the world in October 2017. She asked
women to use the hashtag #MeToo to "give people a sense of the scale of the problem"
on social media.
Over 40 women, including many celebrities from Hollywood, increased in popularity and
used the hashtag as an accusation towards film producer Harvey Weinstein of sexual
assault, sexual harassment, domestic violence, and rape. Weinstein consequently lost
his partner as his wife divorced him, withdrew from the public eye and later went to
rehab to treat alleged sex addiction. The hashtag attracted so much attention that
virtually half of the actors attending the 2018 Golden globe awards wore black costumes
to honour the "me too" campaign and sexual harassment victims.
HRC STUDY GUIDE
R J M S M U N 2 5
CURRENT SITUATION

HRC STUDY GUIDE
R J M S M U N 2 6
BLOC POSITIONS
Every year, 10 million people in the United States are expected to suffer from domestic violence
(Huecker & Smock, 2020. Therefore, it is evident that such issue is of great significance and
occurrence in the United States, also known for being very difficult to be uncovered, resulting in
several unreported domestic violence cases yearly. Accordingly, it is estimated that forty per cent
of domestic violence cases in the US are not reported to professionals (Huecker & Smock, 2020).
Regardless of such lack of communication in cases, the United States currently has two very
significant acts to minimise domestic violence occurrence and condemn it. These include the
Violence Against Women Act ("VAWA"), which highlights the fact that domestic violence is a
national crime and protects victims through the provision of help services and the assistance of
federal laws regardless of their gender, and modifications in the Gun Control Act condemning
the possession of guns in the case of domestic violence abusers a as federal crime (United States
Department of Justice, 2020). According to the NCBI, virtually all healthcare system
professionals will eventually encounter a domestic violence victim to be treated, having the
national economic cost of family and domestic violence in the US accounting for more than 12
billion dollars per year (Huecker & Smock, 2020).
United States of America
Spain
Gender violence shares a strong and influential relationship with domestic abuse. According to
Maria Angeles Carmona, the president of the government agency that holds the responsibility of
tackling gender violence in Spain, "Spain is a pioneer in the fight against gender violence”, being
the first country to introduce gender violence-based laws back in 2004, with the full support of
all parliamentary parties in 2017 (Burgen, 2020). Maria Angeles Carmona, alongside her
department, established an online guide with advice for those who require physiological and
legal assistance, call for emergency and immediate support for dangerous situations. Domestic
violence casualties in Spain have accounted for the death of 999 women since the government
began to make a note of cases in 2003, according to the Euro News in 2019 (Martinez &
Cereceda, 2019). The primary legislation to condemn domestic violence in the country currently
includes the Act on Integrated Protection Measures against Gender Violence, enforced in 2004.
It is significant to note that the lockdown due to the COVID-19 outbreak has also led to a great
increase in domestic violence cases, mainly due to a loss of victim's of traditional escape routes.
In the first two weeks of lockdown in Spain, there were 18% more calls than in the same period
a month earlier (Taub, 2020). Furthermore, the number of women entering contact with help
services has increased by 700%, according to data collected by the Guardian (Burgen, 2020).

HRC STUDY GUIDE
R J M S M U N 2 7
Brazil is a country that occupies 5th place in the world ranking of femicide (Cunha, 2020). Every
1.4 seconds, a woman in Brazil is subjected to harassment, hence making a clear understanding
that violence is a very present issue in Brazilian societies nowadays (Gloria, 2021). A very
significant Brazilian figure that plays a big role protecting women from domestic violence is
Maria da Penha, a victim of domestic violence that stood up to defend such a cause in Brazilian
societies. She introduced, on the 7th of August of 2006, with the support of President Luiz
Inacio Lula da Silva the Lei da Maria da Penha, enforcing 46 articles striving to curb violence
against women in Brazil (Instituto Maria da Penha, 2021). However, the effectiveness of such
legislation has been recently placed in question as a subtle increase in homicide cases committed
against women occurred between 2001-2011, cases in which, in a thesis, the lei da Maria da
Penha should have been applied (Correa, 2014). However, such an increase still does not serve
as enough evidence to diminish the influence of such law in Brazilian society, as it has raised
awareness of the relevant issue of domestic violence being discussed.
Brazil
Russia
Russia has no legal definition of domestic violence since it was decriminalized in July of 2016
and made an administrative offence punished by fine or detention (Library of Congress, 2020).
Hence, currently, Russia presents fragile protective measures against domestic violence, which
has been seen as incompatible with its obligations within the Human Rights Council. Russia has
also decriminalised battery among household members for first-time offences in 2017 (Chatham
House, 2020), taking another step towards reducing the protection of Russian citizens from
domestic violence. Individuals in powerful positions in the Russian society, such as the head of
the Chechen Republic, Ramzan Kadyrov, commented on a case that a young woman whom her
husband allegedly killed should have granted more effort to keep her marriage and that the
occurrence of a man beating his wife "happens" (Chatham House, 2020). The Russian state has
also opted to ignore the current rise in domestic violence cases in Russia and use it as an excuse
to delay the deliberation on introducing a federal law of domestic violence, presented by the
Duma in 2019. The Chairwoman of the Federation Council, Valentina Matvienko, shared her
belief that instead of increasing domestic violence in households, the pandemic has actually
"brought families together", showing apparent negligence to the issue at hand (Chatham House,
2020). With such positions being taken by influential individuals in Russia, the protection of their
citizens regarding domestic violence is threatened and may serve as a justification for the actions
of abusers.

HRC STUDY GUIDE
R J M S M U N 2 8
TIMELINE OF EVENTS
1967
The United Nations General Assembly accepts the
Declaration on the Elimination of Discrimination
against Women and demanding states take steps
to eliminate harmful beliefs about the inferiority
of women.
1974
At the 25th Session of the Commission on the
Status of Women, a new commitment is made to
preparing an internationally binding instrument to
eliminate discrimination against women
(Resolution 1(XXV)).
1977
Oregon became the first state to enact domestic
violence mandatory arrest laws.
1978
Oregon defined marital rape as crime.
1979
An international bill of rights for women is
created: the Convention on the Elimination of all
Forms of Discrimination against Women.
1981
OCADSV was founded
1986
Created by the 1985 General Assembly
Resolution on domestic violence, an Expert Group
Meeting on Violence in the Family is formed

HRC STUDY GUIDE
R J M S M U N 2 9
1989
General Recommendation No.12: The Committee
on the Elimination of All Forms of Discrimination
against Women requires States Parties to report
on their efforts to eliminate violence against
women.
1993
The Vienna World Conference on Human Rights
formally recognises violence against women is a
human rights violation.
The UN General Assembly adopts the Declaration
on the Elimination of Violence against Women
(Resolution 48/104).
1997
Four high-level conferences are held to examine
violence against women as a "male problem",
"male culture" and the impact such violence has
on both men and society.
2000
The blueprint for women, peace and security: the
landmark UN Security Council Resolution 1325 is
adopted.
2001
Landmark cases on VAW: Maria de Penha
v.Brazil.
2006
UN Secretary-General's In-Depth Study on All
Forms of Violence against Women is released. It
is the first comprehensive report from the UN
Secretary-General on the issue.

HRC STUDY GUIDE
R J M S M U N 3 0
2008
UN Security Council Resolution 1820
2013
The Declaration on the Elimination of VAW and
Children in the ASEAN Region is adopted.
The WHO (World Health Organization) releases a
report that finds that 1 in 3 women will
experience physical or sexual violence in their
lifetime.
2017
Global women's march: women marched in over
20 countries protesting against Donald Trump,
sexism and violence.

HRC STUDY GUIDE
R J M S M U N 3 1
DEFINITION OF KEY TERMS
Marital Rape
The act of sexual intercourse with one's spouse without the spouse's consent.
OCADSV
Oregon Coalition Against Domestic and Sexual Violence. The OCADSV promotes equity and
social change to end violence for all communities. They seek to transform society by engaging
diverse voices, supporting survivors' self-determination, and providing leadership for advocacy
efforts.
VAW
Violence Against Women.
ASEAN
The Association of Southeast Asian Nations. An international organisation established by the
governments of Indonesia, Malaysia, the Philippines, Singapore and Thailand in 1967 to
accelerate economic growth, social progress and cultural development to promote peace and
security in Southeast Asia.
Femicide
The killing of a woman or girl, particularly by a man and on account of her gender.

HRC STUDY GUIDE
R J M S M U N 3 2
GUIDING QUESTIONS
What are your country's laws and legislations regarding sexual
assault and domestic violence?
Why does domestic violence and rape specially target women,
and why did it gain so much attention in the media recently?
How do countries determine what is considered sexual assault,
and what is not?
Why do LEDCs face so much conflict-related domestic
violence?
Should domestic violence and rape be considered a crime of
equal severity to murder?
Should there be a specific set of laws regarding sexual assault
created by the UN that all countries must follow?

Bibliography
US
Huecker, Martin R & Smock, William. 15/10/2020, "Domestic Violence", NCBI, Online,
Accessed 16/02/2021
https://www.ncbi.nlm.nih.gov/books/NBK499891/
United States Department of Justice. 26/05/2020, "Federal Domestic Violence Laws",
United States Department of Justice, Online, Accessed 16/02/2021
https://www.justice.gov/usao-wdtn/victim-witness-program/federal-domestic-violen
ce-law
SPAIN
(Burgen, Stephen. 28/04/ 2020, "Women killed in Spain as coronavirus lockdown sees
rise in domestic violence", The Guardian, Online, Accessed 16/02/2021
https://www.theguardian.com/global-development/2020/apr/28/three-women-killed-
in-spain-as-coronavirus-lockdown-sees-rise-in-domestic-violence
Taub, Amanda. 06/04/2020, "A New Covid-19 Crisis: Domestic Abuse Rises
Worldwide", NY Times, Online, Accessed 17/02/2021
https://www.nytimes.com/2020/04/06/world/coronavirus-domestic-violence.html
Martinez, Marta & Cereceda, Rafael. 13/06/2019, "These are the names of the 999
female victims of domestic violence in Spain", Euronews, Online, Accessed
17/02/2021
https://www.euronews.com/2019/06/13/these-are-the-names-of-the-999-female-vict
ims-of-domestic-violence-in-spain
BRAZIL
Glória. 2020, "Dados de violência", Glória, Online, Accessed 17/02/2020
https://www.eusouagloria.com.br/dados
Instituto Maria da Penha. 2020, "Resumo da Lei", Instituto Maria da Penha, Online,
Accessed 17/02/2021
https://www.institutomariadapenha.org.br/quem-e-maria-da-penha.html
1

Oliveira, Sheila. 10/10/2020, "Uma mulher é morta a cada nove horas durante a
pandemia no Brasil", Brasil de Fato, Online, Accessed 17/02/2021
https://www.brasildefato.com.br/2020/10/10/uma-mulher-e-morta-a-cada-nove-hora
s-durante-a-pandemia-no-brasil
Cunha, Carolina. 2020, "Feminicídio - Brasil é o 5º país em morte violentas de
mulheres no mundo", UOL, Online, Accessed in 17/02/2021
https://vestibular.uol.com.br/resumo-das-disciplinas/atualidades/feminicidio-brasil-
e-o-5-pais-em-morte-violentas-de-mulheres-no-mundo.htm?cmpid=copiaecola
Correa, Fabricio. 2014, "Lei maria da penha não é eficaz segundo ipea", Jusbrasil,
Online, Accessed 17/02/2021
https://fabriciocorrea.jusbrasil.com.br/artigos/121941706/lei-maria-da-penha-nao-e-
eficaz-segundo-ipea
RUSSIA
Library of Congress. 30/12/2020, "Russia: Decriminalization of Domestic Violence",
Library of Congress, Online, Accessed 17/02/2021
https://www.loc.gov/law/help/domestic-violence/russia.php
Chatham House. 20/07/2020, "Domestic Violence in Russia: The Impact of the
COVID-19 Pandemic", Chatham House, Online, Accessed 17/02/2021
https://www.chathamhouse.org/2020/07/domestic-violence-russia-impact-covid-19-
pandemic
Medicine Net. "Domestic Violence", Medicine Net, Online, Accessed 15/02/21
https://www.medicinenet.com/domestic_violence/article.htm#what_is_domestic_vi
olence_what_are_the_types_of_domestic_violence
CURRENT SITUATION
https://www.womenshealth.gov/relationships-and-safety/sexual-assault-and-rape/s
exual-assault
https://www.unwomen.org/en/what-we-do/ending-violence-against-women/facts-an
d-figures
https://peacekeeping.un.org/en/conflict-related-sexual-violence
https://www.nsvrc.org/statistics
2

TIMELINE
Oregon Coalition Against Domestic and Sexual Violence. "Historical timeline", Oregon
Coalition Against Domestic and Sexual Violence, Online, Accessed 16/02/21
https://www.ocadsv.org/about-us/historical-timeline
LSE (London School of Economics), "Tackling Violence Against Women", LSE (London
School of Economics), Online, Accessed 16/02/21
https://lsedesignunit.com/VAW_timeline/
3

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