Gender-based violence

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Gender-based violence and discrimination

Gender-based violence refers to violence perpetrated against a person because of their Gender, sex and/or sexual orientation, whether actual or perceived by the perpetrator [1], or violence that disproportionately affects persons of a particular gender [2].

It is a broad term that encompasses a wide range of acts of varying nature, including sexual, physical, psychological, emotional, administrative, Economic/financial violence and structural violence, as well as "threats, coercion or arbitrary deprivation of liberty, whether occurring in public or private spaces" [3]. Gender-based violence includes Sexual violence (including conflict-related sexual violence) and Reproductive violence. It constitutes a flagrant violation of the fundamental rights of every individual under article 95, and an extreme form of discrimination [4].

Under International Criminal Law, where the relevant legal conditions are met, many forms of gender-based violence (whether sexual or not) can be prosecuted as acts of Torture, War crimes, Crimes against humanity and/or acts of Genocide [5]. This is the case, for example, of Gender persecution, which may constitute a crime against humanity [6].

Gender-based violence is rooted in structural gender inequalities, Harmful gender norms, biases, prejudices, myths and stereotypes and is exacerbated by contexts of heightened instability and vulnerability within the family, the community, or society as a whole. While women and girls are the main victims, individuals of all genders may be affected. It is therefore important not to use the terms "gender-based violence" and "violence against women" interchangeably.

States have an obligation to prevent and punish such violence, and to provide reparation to survivors/victims, regardless of the status of those responsible [7].

ZOOM on General Recommendation No. 35 of the Committee on the Elimination of Discrimination Against Women (CEDAW Committee)

6. Despite those advances, gender-based violence against women, whether committed by States, intergovernmental organizations or non-State actors, including private persons and armed groups, remains pervasive in all countries, with high levels of impunity. It manifests itself on a continuum of multiple, interrelated and recurring forms, in a range of settings, from private to public, including technology-mediated settings and in the contemporary globalized world it transcends national boundaries.

7. In many States, legislation addressing gender-based violence against women is non-existent, inadequate or poorly implemented. An erosion of the legal and policy frameworks that aim to eliminate gender-based discrimination or violence, often justified in the name of tradition, culture, religion or fundamentalist ideology, and significant reductions in public spending… further weaken States [’] responses […].

14 … Gender-based violence against women is affected and often exacerbated by cultural, economic, ideological, technological, political, religious, social and environmental factors, as evidenced, among other things, in the contexts of displacement, migration, the increased globalization of economic activities, including global supply chains, the extractive and offshoring industry, militarization, foreign occupation, armed conflict, violent extremism and terrorism. Gender-based violence against women is also affected by political, economic and social crises, civil unrest, humanitarian emergencies, natural disasters and the destruction or degradation of natural resources.

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Footnotes

[1] International Criminal Court (ICC), Office of the Prosecutor (OTP), Policy on Gender-based Crimes, 2023, p. 14.

[2] Council of Europe, Convention on preventing and combating violence against women and domestic violence, Istanbul ("Istanbul Convention"), 11 May 2011, Article 3.

[3] Ibid., Article 3(a); European Institute for Gender Equality (EIGE), Types of violence, "What is gender-based violence?", n.d.; United Nations General Assembly, Declaration on the Elimination of Violence against Women, UN Doc. A/RES/48/104, 20 December 1993, Articles 1 and 2; Committee on the Elimination of Discrimination Against Women (CEDAW Committee), General recommendation No. 35 on gender-based violence against women, updating general recommendation No. 19, UN Doc. CEDAW/C/GC/35, 26 July 2017.

[5] Human Rights Council, Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, UN Doc. A/HRC/31/57, 5 January 2016; Human Rights Council, Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, UN Doc. A/HRC/7/3, 15 January 2008, para. 36; Human Rights Committee, General Comment No. 28: Article 3 (The equality of rights between men and women), UN Doc. CCPR/C/21/Rev.1/Add.10, 29 March 2000; Articles 7(1)(g), 8(2)(b)(xxii) and 8(2)(e)(vi), ICC Rome Statute.

[6] Art. 7(1)(h), ICC Rome Statute.

[7] CEDAW Committee, General Recommendation No. 35, op. cit., Part III "State party obligations in relation to gender-based violence against women". Although the Committee focuses on violence against women, these obligations apply to individuals of all genders.