Sexual and Gender Based Violence, Fair Trial Rights and the Rights of Victims Challenges in Using Law and Justice Systems Faced by Women Human Rights Defenders

2020 ◽  
Vol 7 (2) ◽  
pp. 32-46
Author(s):  
Yetimwork Anteneh Wondim

Irrespective of their contribution, women in Ethiopia have been facing issues like violence, gender-based discrimination, access to education and training, lack of basic human rights protection, and others. Girls' enrollment in education at all levels is much lower than boys. Female education is hampered mainly by the sexual division of labor, which confines girls to household activities. In addition, women have been suffering from gender-based violence under the guise of tradition and culture but condoned by society. In response to these problems, the Government of Ethiopia adopted relevant instruments pertaining to gender including the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW), The Beijing Platform for Action, The Ethiopian Constitution, and various other policies and establishing the national machinery for addressing gender issues. However, several challenges still exist in the realization of women's rights. Therefore, all the respect and protection given for human rights should also be given to women because women's rights are human rights.


2020 ◽  
Vol 16 (4) ◽  
pp. 389-414
Author(s):  
Helen Jane Liebling ◽  
Hazel Rose Barrett ◽  
Lillian Artz

Purpose This British Academy/Leverhulme-funded research (Grant number: SG170394) investigated the experiences and impact of sexual and gender-based violence (SGBV) and torture on South Sudanese refugees’ health and rights and the responses of health and justice services in Northern Uganda. Design/methodology/approach It involved thematic analysis of the narratives of 20 men and 41 women refugees’ survivors of SGBV and torture; this included their experiences in South Sudan, their journeys to Uganda and experiences in refugee settlements. In total, 37 key stakeholders including health and justice providers, police, non-government and government organisations were also interviewed regarding their experiences of providing services to refugees. Findings All refugees had survived human rights abuses carried out in South Sudan, on route to Uganda and within Uganda. Incidents of violence, SGBV, torture and other human rights abuses declined significantly for men in Uganda, but women reported SGBV incidents. The research demonstrates linkages between the physical, psychological, social/cultural and justice/human rights impact on women and men refugees, which amplified the impact of their experiences. There was limited screening, physical and psychological health and support services; including livelihoods and education. Refugees remained concerned about violence and SGBV in the refugee settlements. While they all knew of the reporting system for such incidents, they questioned the effectiveness of the process. For this reason, women opted for family reconciliation rather than reporting domestic violence or SGBV to the authorities. Men found it hard to report incidences due to high levels of stigma and shame. Research limitations/implications Refugees largely fled South Sudan to escape human rights abuses including, persecution, SGBV and torture. Their experiences resulted in physical, psychological, social-cultural and justice effects that received limited responses by health and justice services. An integrated approach to meeting refugees’ needs is required. Practical implications The authors make recommendations for integrated gender sensitive service provision for refugees including more systematic screening, assessment and treatment of SGBV and torture physical and emotional injuries combined with implementation of livelihoods and social enterprises. Social implications The research demonstrates that stigma and shame, particularly for male refugee survivors of SGBV and torture, impacts on ability to report these incidents and seek treatment. Increasing gender sensitivity of services to these issues, alongside provision of medical treatment for injuries, alongside improved informal justice processes, may assist to counteract shame and increase disclosure. Originality/value There is currently a lack of empirical investigation of this subject area, therefore this research makes a contribution to the subject of understanding refugees’ experiences of SGBV and torture, as well as their perceptions of service provision and response. This subject is strategically important due to the pressing need to develop integrated, gendered and culturally sensitive services that listen to the voices and draw on the expertise of refugees themselves while using their skills to inform improvements in service responses and policy.


2018 ◽  
Vol 112 ◽  
pp. 83-84
Author(s):  
Alice M. Miller

Human rights advocacy today engages with criminal law at international and national levels with a new and rather conflicted posture. It is reorienting from an approach that primarily treated human rights as a shield from (unjust) prosecutorial and carceral power, and toward one calling for criminal penalties and vigorous prosecutions as a remedy for harms. The human rights abuses for which state prosecution is invoked today include not only past and present state violations, such as torture, but crimes by non-state actors, such as sexual and gender-based violence. At the same time, paradoxically, many rights groups are calling for the review and reduction of criminal regulation of a range of sexual and reproductive health practices, including abortion, consensual sexual conduct outside of marriage (same sex, heterosexual, and sex for money), and HIV transmission.


2021 ◽  
pp. 101053952110143
Author(s):  
Sonia Mukhtar ◽  
Shamim Mukhtar ◽  
Waleed Rana

This article explores the development and implementation of inclusive COVID-19 (corona disease 2019) Feminist Framework (CFF) on the equitability of response for researchers, health care advocates, and public health policymakers at international platforms. Mechanism of CFF entails the process to address and mitigate the institutional inequities, violation of human rights, public health, and race/sex/gender-based violence amid COVID-19. This framework is about institutional building, raising consciousness, ensuring freedom, collective liberation, bodily autonomy, equality, and giving women, children, BIPOC, LGBTQIA+, and racial- and gender-diverse people the freedom to make choices to promote a sense of greater control over their own lives.


Author(s):  
Masrur Mahmud Khan ◽  
Samwat Naiear Ahona ◽  
Subiggo Chakma

Despite the presence of UN peace operations for more than two decades, the human rights situation in the Democratic Republic of the Congo is still dire. This article illustrates the types of violations of human rights and hindrances to protect human rights in MONUSCO. Methodologically being a qualitative study, it is based on existing literature and key informant interviews. Killings of civilians, sexual and gender-based violence, child soldiers, war crimes and crimes against humanity are major types of human rights violations in the Democratic Republic of Congo. The study argues that due to structural challenges, like the bureaucratic structure of MONUSCO, inadequacy of budget and juristic limitation of the Peacekeeping Force, and operational challenges, like challenges in the protection of civilians and UN personnel, the paucity of logistics and manpower and also gender-based violence by some UN personnel and peacekeepers in MONUSCO, the UN forces failed to maintain and defend human rights properly.


2021 ◽  
pp. 139-178
Author(s):  
Carmelo Danisi ◽  
Moira Dustin ◽  
Nuno Ferreira ◽  
Nina Held

AbstractAccording to the United Nations (UN), at least 258 million people are moving across countries around the globe, consciously or unconsciously, in search of a safe and dignified life (IOM 2019; UN 2017). The international attempt to regulate these movements through the so-called Compacts seems unlikely to provide effective solutions. Often criticised as being non-binding instruments but with great potential in shaping states’ future behaviour (Türk 2018), the Compacts are not explicit in including SOGI minorities in the measures to be adopted through international cooperation for improving the management of migration and refugee flows, while respecting their human rights. It is noticeable that objective no. 7 (‘Address and reduce vulnerabilities in migration’) of the Global Compact related to migration refers to ‘victims of violence, including sexual and gender-based violence (…) [and] persons who are discriminated against on any basis’ as examples of vulnerable groups and, more generally, advances the development of gender-responsive migration policies (Atak et al. 2018). Equally, the Global Compact on Refugees pays attention in all fields to ‘sexual and gender-based violence’, while calling upon states to strengthen international efforts to prevent and combat it (paras. 5, 13, 51, 57, 59, 72 and 75). Yet, although this wording may be inclusive of SOGI, the Compacts avoided any specific reference or commitment in relation either to migrants who identify themselves as LGBTIQ+ or to SOGI claimants, perhaps owing to the need for the widest possible consensus among UN member states to secure the Compacts’ adoption. This represents a missed opportunity to raise awareness of SOGI asylum claimants’ needs at the universal level and speed up multilateral solutions to the movements across countries of people fleeing homophobia and transphobia.


2020 ◽  
Author(s):  
Heather D Flowe ◽  
Sarah Rockowitz ◽  
James Rockey ◽  
Wangu Kanja ◽  
CATHERINE KAMAU ◽  
...  

This research report explores the impacts of the COVID-19 pandemic on patterns of sexual and gender-based violence (SGBV) in Kenya. The research entailed conducting interviews across the 47 counties of Kenya, including in informal settlements, to document sexual violence and other violations of adults and children during the COVID-19 pandemic. There have been 6,366 confirmed COVID-19 cases and 148 deaths in Kenya as of June 30, 2020. The Kenyan government implemented emergency measures in the wake of COVID-19 that included a nightly dusk-to-dawn curfew, school closures, and restrictions to road, rail, and air movements, as examples. The research was prompted by concerns raised by SGBV and human rights organisations that the COVID-19 crisis is exacerbating women and girls’ vulnerability to SGBV and preventing their access to life-saving services. The research findings suggest three main impacts of the COVID-19 emergency on SGBV: 1. Emergency measures are exacerbating the vulnerability of children and women; 2. The socio-economic impact of the crisis has increased tensions within households, with reports of physical violence and increased homelessness for women; and 3. Vulnerability to violence has been amplified across the population as a whole according to reports by human rights actors, with there being numerous incidents of death and injuries caused by the police while enforcing the COVID-19 emergency measures put into place. We offer policy recommendations based on our findings.


2021 ◽  
Vol 9s2 ◽  
pp. 35-52
Author(s):  
Elias O. Opongo

Highlighting the place and role of women in transitional justice processes draws attention to two main aspects: the need for a holistic approach to transitional justice processes, and paying attention to the sensitive nature of gender-based violence in the whole cycle of truth commissions from articulation of the mandate of the commission, composition of the commissioners, categorisation of crimes, to the writing and implementation of the final report. A feminist advocacy approach to transitional justice is framed under a critical feminist strategy that draws attention to diverse forms of human rights violations against women in situations of conflict; structures of exclusion of women�s concerns; the agency and presence of women in truth commission processes. Hence, discourse on gendering transitional justice processes has recently emerged, especially given that women have been targeted in conflict situations, giving rise to sexual and gender-based violence, and indiscriminate killing of women despite their non-combatant role. This article discusses the extent of marginalisation of cases of women�s gross human rights violations in truth commission processes, while acknowledging positive attempts made so far, through critical feminism, to include women�s concerns in these processes.


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