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53. Under the Violence Against Women Act, the United States of America offers
visas for victims of domestic violence so that they may obtain migratory status
independent from a partner or spouse who has aggressed them. 56
54. In Montenegro, a national law stipulates that foreigners whose permanent
residence has been terminated may have it reinstated if it is establishe d that they
stayed outside Montenegro for longer than 1 year as a victim of trafficking in
persons. 57
55. Turkey provides avenues for an independent residence permit for a foreign
spouse of a Turkish national. Where relevant courts establish that the forei gn spouse
has been a victim of domestic violence, the usual prerequisite, that she has a previous
residence permit for at least three years, is waived. 58
56. Decree No. 1350 of 2017 on migration, adopted by Peru, grants a legal avenue
to regularization for migrants, providing expansive protections to a wide group,
including women and girls. Article 29.2 k of the Decree establishes that residency is
authorized for migrants who face a life-threatening situation or one of great
vulnerability if they leave Peru, or for individuals who require protection in response
to a serious threat or human rights violation. This avenue also applies to those who
have migrated due to natural disasters, for victims of human trafficking, for
unaccompanied minors and for stateless persons. Even persons who are not resident
in Peru but who request protection in Peru based on an internationally recognized
humanitarian crisis can be granted regular status. 59
57. A number of countries have integrated protection and assistance for women
victims of violence who are not physically present within their national jurisdiction.
One of the most emblematic of such programmes continues to be the “Women at Risk”
programme of Canada, which provides protection and assistance to refugee women
who are at heightened risk for their safety and security through their resettlement in
Canada. 60 This applies to “women without the normal protection of a family who find
themselves in precarious situations and who are in a place where local authorities
cannot ensure their safety”. 61
58. Similar efforts have been taken by the Government of France to resettle and
provide protection for Yazidi families, who are particularly vulnerable because of the
trauma they have suffered during abductions by the so -called Islamic State in Iraq
and the Levant. In cooperation with the International Organization fo r Migration,
Yazidi families have been resettled from Iraq to France, where they have been
received and supported in their integration into the host communities by local
non-governmental organizations. 62
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57
58
59
60
61
62
19-12287
See submission of Alianza Americas.
See submission of the Permanent Mission of Montenegro to the United Nations.
Council of Europe, Group of Experts on Action against Violence against Women and Domestic
Violence, Comments submitted by Turkey on the final report of the Group of Experts on the
implementation of the Council of Europe Convention on preventing and combating violence
against women and domestic violence (Council of Europe, Baseline Report, 15 October 2018,
p. 59: https://rm.coe.int/turkey-s-final-comments-to-grevio-report/16808e5298).
See submission of the Women in Migration Network.
This definition also includes women who experience harassment by local authorities or by
members of their own communities. To be eligible for this program me, women at risk must be
Convention refugees under the Convention or members of the humanitarian-protected persons
abroad class (see UNHCR, Resettlement Handbook: Canada, 2017)
(https://www.unhcr.org/protection/resettlement/3c5e55594/unhcr-resettlement-handbookcountry-chapter-canada.html?query=Program%20for%20Women%20at%20Risk%20Canada ).
Ibid., p. 10.
International Organization for Migration (IOM), “IOM assists over 130 Yazidis to resettle from
Iraq to France” (https://iraq.iom.int/news/iom-assists-over-130-yazidis-resettle-iraq-france).
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