CHAPTER 4: THE RULE OF LAW AND THE CORE PROTECTION MANDATE homosexuality as well as other religious leaders that express negative attitudes. There have been bombs placed in gay/lesbian venues in Cape Town, and local Muslim groups that have claimed responsibility. There is a misconception and confusion among the general population regarding homosexuality and paedophilia, and an apparent lack of knowledge in the general public that homosexuality is something separate from paedophilia.12 UNCT staff and NHRI staff need to work towards deepening the understanding of how these multiple identities operate to weaken and destabilize the basic rights – civil, political, social, economic and cultural – of people simply because of who they are. NHRIs have a particular role in standing up for and protecting these vulnerable people, and calling on the government to ensure equality. Women’s equality in this area has been particularly highlighted by UNCT staff and is highlighted in the next section. 4.7.1 Violence against women and girls13 Violence against women and girls has been described as a problem of pandemic proportions and it is an important aspect of the core protection mandate since it is linked to life-threatening issues and the capacity of law enforcement officials to address this form of abuse. One out of three women around the world has been beaten, coerced into sex, or otherwise abused in her lifetime. According to UNIFEM, violence against women is: “perhaps the most pervasive human rights violation that we know today, it devastates lives, fractures communities, and stalls development.” Statistics paint a horrifying picture of the social and health consequences of violence against women. For women aged 15 to 44 years, violence is a major cause of death and disability. In a 1994 study based on World Bank data about ten selected risk factors facing women in this age group, rape and domestic violence rated higher than cancer, motor vehicle accidents, war and malaria. Moreover, several studies have revealed increasing links between violence against women and HIV / AIDS. Women who have experienced violence are at a higher risk of HIV infection: a survey among 1,366 South African women showed that women who were beaten by their partners were 48 percent more likely to be infected with HIV than those who were not.14 UNIFEM highlights the following areas affecting women: 11 Domestic and Intimate Partner Violence 11 Sexual Violence 11 Harmful Traditional 11 Trafficking 11 HIV/AIDS 11 Crimes Practices in Women and Girls and Violence against Women in Situations of Armed Conflict In all the core protection areas mentioned in this chapter, NHRIs have particular responsibility to carry out their mandate through a gender lens, and to ensure that protection issues involving violence against women are given due consideration and addressed as urgent issues requiring State action. Of particular interest are recent international developments clearly placing sexual violence at the heart of protection: a range of sexual violence offences is now included in the Rome Statute of the International Criminal Court and the statutes of the ad hoc international criminal tribunals. As well, in 2008 a UN Security Council Resolution noted that rape and other forms of sexual violence can constitute a war crime, a crime against humanity, or a constitutive act with respect to genocide. UN Security Council Resolution 1820 S/RES/1820 (2008) 4.8 NHRIs in Conflict Situations NHRIs operating in conflict situations may undertake several roles, all of which have direct relevance to the core protection mandate in times of instability and heightened likelihood of serious human rights violations. These may include: 11 efforts to promote dialogue between combatants; 11 efforts to promote the establishment and growth of peace-building mechanisms among representative communities; and 11 efforts to encourage acceptable and necessary accommodations to deal with underlying human rights issues that may be at the root of the conflict. Sida Health Division. 2005. Sexual Orientation and Gender Identity Issues in Development: A Study of Swedish policy and administration of Lesbian, Gay, Bisexual and Transgender issues in international development cooperation 12 The section is based, in part, on Equitas, Equality for Women: A Handbook for NHRIs on Economic, Social and Cultural Rights. 2008. www.equitas.org 13 UNIFEM (2007), Facts & Figures on Violence against Women. http://www.unifem.org/campaigns/vaw/facts_figures.php 14 61