Waiting in the Garden of Broken Trees

Gender Based Violence ◽

Legal Cases ◽

Internal Armed Conflict ◽

Language Class ◽

This book examines how social inequality functions within Peru's transitional justice process by focusing on the gender-based violence that occurred during the internal armed conflict of 1980–2000. It considers how Peruvian human rights and feminist movements, the Peruvian Truth and Reconciliation Committee (PTRC), and a feminist nongovernmental organization—the Estudio por la Defensa de los Derechos de la Mujer, or Study and Defense of Women's Rights (DEMUS)—negotiated between implementing international human rights law and holistically addressing gender-based violence. It also explores how gender norms influence what violations the Peruvian human rights movement, and later the PTRC, prioritize; how gender norms influence dominant representations of women in the PTRC public hearings and sexual violence legal cases; and how the temporally bound nature of transitional justice exists in tension with the continuum of violence. Finally, the book discusses the influence of other social factors, such as ethnicity, language, class, and culture, on gender-based violence during the internal armed conflict.

Parallel Tracks and Fraught Encounters

10.5406/illinois/9780252039423.003.0002 ◽

2017 ◽

Author(s):

Pascha Bueno-Hansen

Keyword(s):

Human Rights ◽

Rural Communities ◽

Transitional Justice ◽

Armed Conflict ◽

Armed Forces ◽

Gender Based Violence ◽

Internal Armed Conflict ◽

Justice Process ◽

Gender Based ◽

Feminist Movements

This chapter examines the struggles and gaps between the protagonism of rural Andean women, or campesinas, and the priorities of the human rights and feminist movements in Peru as they try to address the ever-growing number of victims and survivors of the internal armed conflict. The armed conflict pitted the armed forces versus the Shining Path; both sides demanded allegiance from rural communities. From the beginning, campesinas were at the forefront of local efforts to denounce human rights violations and address the needs of affected people with the help of church groups and human rights advocates. Peruvian human rights and feminist movements presented the strongest potential for taking on the defense of campesinas' rights. This chapter considers how social exclusions marginalized campesina voices in the transitional justice process and how and why, despite campesina protagonism and human rights and feminist movements' best intentions, the gender-based violence directed at campesinas during the armed conflict slipped through the cracks. It also looks at the founding of the Women for Democracy, or Mujeres por la Democracia (MUDE), in 1997.

Introductory Note

10.1093/oso/9780190848194.003.0032 ◽

2017 ◽

Author(s):

Roberto F. Caldas

Keyword(s):

Human Rights ◽

Health Providers ◽

Gender Based Violence ◽

Human Rights Abuses ◽

American System ◽

Internal Armed Conflict ◽

First Case ◽

Introductory Note ◽

Conservation Of Natural Resources ◽

During 2015, the Inter-American Court of Human Rights issued sixteen judgments in contentious cases and two interpretations of previous judgments that covered a wide variety of salient issues for the Inter-American System of Human Rights. The first case selected for this edition of the Yearbook deals with the obligations of states dealing with terrorist threats in the midst of internal armed conflict. The other three cases selected deal with the obligations of states in peacetime: specifically, the obligation to supervise private health providers, particularly when they carry out public functions, the obligation to protect the lives and integrity of women against gender-based violence, and the obligation to guarantee the collective property rights of indigenous peoples while also ensuring the conservation of natural resources. These cases are consistent with the Inter-American Court’s vast jurisprudence regarding states’ duty to guarantee the rights of persons who are particularly vulnerable to human rights abuses.

Participation in Transitional Justice Processes by Survivors of Sexual and Gender-Based Violence Submission to the Office of the High Commissioner for Human Rights

Human Rights Documents online ◽

10.1163/2210-7975_hrd-5555-2014012 ◽

2016 ◽

Keyword(s):

Human Rights ◽

Transitional Justice ◽

Gender Based Violence ◽

High Commissioner ◽

Gender Based ◽

And Gender

Positive Obligations and Gender-based Violence: Judicial Developments

International Community Law Review ◽

10.1163/187197308x311281 ◽

2008 ◽

Vol 10 (2) ◽

pp. 143-169 ◽

Cited By ~ 5

Author(s):

Jill Marshall

Keyword(s):

Human Rights ◽

Personal Autonomy ◽

Human Rights Violations ◽

Gender Based Violence ◽

Human Rights Protection ◽

International Human ◽

State Actors ◽

AbstractInternational human rights protection traditionally protects individuals from human rights violations committed by their own states. This has been criticised by many, and feminists in particular, as failing those who are violated in the 'private sphere', by actions perpetrated by non-state actors not the state itself. Yet protection from the actions of non-state actors is now increasingly falling within the ambit of international human rights law through positive obligations on states, particularly seen in the concept of due diligence. Developments in this area are analysed in this article with focus on recent decisions of international human rights judicial institutions on cases concerning gender-based violence to show how gender-based violations committed by non-state actors are increasingly being included and interpreted as human rights violations. Whilst not without problems, it is argued that the creativity and potential for protecting all persons from human rights violations is shown, particularly through developments towards a right to personal autonomy, identity and integrity.

A legal obligation under international law to guarantee access to abortion services in contexts of armed conflict? An analysis of the case of Colombia

International Review of the Red Cross ◽

10.1017/s1816383121000692 ◽

2021 ◽

pp. 1-24

Author(s):

Juliana Laguna Trujillo

Keyword(s):

Human Rights ◽

Transitional Justice ◽

Armed Conflict ◽

International Humanitarian Law ◽

Humanitarian Law ◽

Human Rights Law ◽

Health And Human Rights ◽

International Obligation ◽

Women And Girls

Abstract This article discusses the existence of an international obligation for the State of Colombia to guarantee access to abortion services for women and girls who are victims of conflict-related sexual violence in the context of the Colombian armed conflict. By examining international humanitarian law rules from an international human rights law lens, it sets out the interdependence between both frameworks from reproductive health and human rights perspectives. Furthermore, the article provides considerations on the recognition and redress of these violations in the transitional justice scenario in Colombia.

Gender-based violence in humanitarian crises

Oxford Handbook of Humanitarian Medicine ◽

10.1093/med/9780199565276.003.0005 ◽

2019 ◽

pp. 83-100

Author(s):

Jennifer Scott ◽

Rose Leonard Molina ◽

Jocelyn T.D. Kelly

Keyword(s):

Human Rights ◽

Reproductive Health ◽

Human Sexuality ◽

Gender Norms ◽

Gender Based Violence ◽

Health And Human Rights ◽

Complex Emergencies ◽

Humanitarian Crises ◽

Important Health ◽

This chapter on gender-based violence (GBV) provides an overview of the management of patients of GBV and recommendations for a multisectoral approach to GBV programming in humanitarian settings. GBV is one of the most challenging aspects of humanitarian crises and complex emergencies, involving human sexuality, gender norms, cultural customs, and reproductive health, making it one of the most deeply private, stigmatized, and taboo issues. GBV is an important health and human rights challenge which is easily overlooked and under-recognized but is increasingly prevalent, particularly in complex emergencies.

“That’s Not My Daughter”

10.1093/oxfordhb/9780199300983.013.39 ◽

2017 ◽

Author(s):

Karima Bennoune

Keyword(s):

Human Rights ◽

Sexual Violence ◽

Violence Against Women ◽

Armed Conflict ◽

English Language ◽

Human Rights Law ◽

Forced Marriage ◽

Internal Armed Conflict

During Algeria’s internal armed conflict in the 1990s, thousands of women were raped by jihadist groups. There is virtually no English-language documentary record of these crimes—a gap this chapter seeks to fill by documenting the use of sexual violence and forced marriage by fundamentalist armed groups during the conflict. Based on interviews and accounts from Algerian journalists, the chapter records the general phrases of violence against women, the experiences of specific women, and the limited response from families, society, and the state. It explores the complexity of documenting sexual violence in places where the topic is extremely taboo, questioning whether international human rights law and its emphasis on testimony are useful or appropriate in such contexts. It closes with a critique of the politics involved in producing human rights writing and provides suggestions for broadening documentation methodology.

Due Diligence and the Duty to Protect Human Rights

Due Diligence in the International Legal Order ◽

10.1093/oso/9780198869900.003.0006 ◽

2020 ◽

pp. 92-108

Author(s):

Björnstjern Baade

Keyword(s):

Human Rights ◽

Due Diligence ◽

Human Rights Law ◽

Gender Based Violence ◽

International Human ◽

Duty To Protect ◽

Systemic Problems ◽

This chapter shows that a state’s duty to protect human rights is an obligation that requires due diligence. As a standard of conduct under international human rights law, due diligence demands balancing a foreseeable risk to a protected interest against countervailing interests. The chapter reviews the practice of human rights courts and treaty bodies, concerning gender-based violence, business activities, official misconduct, and natural hazards. It reveals the way that due diligence requirements are operationalised in practice. The chapter argues that, despite occasional arguments to the contrary, due diligence does not dilute established standards of international human rights law but complements them. It serves to effectively mitigate risks to human rights no matter the risks’ source, in a manner that is also able to address systemic problems.

Paradox and Temporality

10.5406/illinois/9780252039423.003.0007 ◽

2017 ◽

Author(s):

Pascha Bueno-Hansen

Keyword(s):

Human Rights ◽

Transitional Justice ◽

Armed Conflict ◽

Human Rights Violations ◽

Human Rights Law ◽

Truth And Reconciliation ◽

International Human

This book has addressed the paradox of rights: the tension between the need for human rights law to document and prosecute violations and the inability of the human rights framework to address the full scope of harm. Since the roots of transitional justice grow out of international human rights law, this same paradox is manifested in transitional justice mechanisms, such as the Peruvian Truth and Reconciliation Committee (PTRC). The story of Rosa Cuchillo and her endless search for her daughter, who disappeared during the armed conflict, highlights the endurance of love, the importance of legal avenues to register human rights violations, and the central role played by human rights advocates. This conclusion discusses the structural, procedural, and methodological implications of the book's analysis of Peruvian feminist and human rights movements, the PTRC, and DEMUS's Manta project in terms of future transitional justice endeavors both within and outside of Peru.

Gendering transitional justice processes in Africa: a feminist advocacy approach to truth commissions

Journal of the British Academy ◽

10.5871/jba/009s2.035 ◽

2021 ◽

Vol 9s2 ◽

pp. 35-52

Author(s):

Elias O. Opongo

Keyword(s):

Human Rights ◽

Transitional Justice ◽

Holistic Approach ◽

Truth Commissions ◽

Truth Commission ◽

Human Rights Violations ◽

Final Report ◽

Gender Based Violence ◽

Gender Based ◽

And Gender

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.