Preface �
I once asked a Guatemalan public defender how she knew when a woman’s murder was the
result of gender-based violence and not a simple homicide. She showed me several pictures of
women’s half or fully naked bodies exhibiting obvious signs of torture, mutilation, and violent
sexual assault prior to their deaths. She said that was how women’s bodies were usually found.
That was the difference between gender-based violence and simple homicide. Women’s bodies are
often used as instruments to send messages of terror, or as instruments of pleasure, or as instru
ments of experimentation. In all of these cases, gender-based violence is recognizable because of
its profound denial of personhood. The common thread running through the collection of articles
presented in this publication is that women’s bodies are still looked at and treated as instruments,
or means to achieving a goal, rather than as autonomous individuals. Killing a body to end a life
is different than killing a body to send a signal. In both cases, the person is refused her or his basic
right to life, but in the latter, the person is a mark, a sign for others to see and use.
The first chapter of this volume elaborates on the notion of gender-based violence, the need to
incorporate a gender perspective in legal systems in general, and the responsibilities of States with
regard to those at the margins of legal protections. Although gender-based violence has existed
since the beginning of time, it has only entered the realm of human rights as a specific issue within
the last decades. International human rights law, traditionally, has not protected women from the
harms they have suffered as a result of being women. As with the rest of legal and political insti
tutions, women have had to struggle for their experiences to be recognized. The invisibility of
women’s harms has also included a lack of reparations with a gender perspective; if the suffering
women have endured is not understood, its consequences cannot be adequately addressed. Owing
to the inclusion of a gender perspective, human rights treaty bodies have started to include repa
rations that put women, and not only their families or communities, at the center of their analyses.
The new trends in international human rights are welcome by the international community, but
they have not necessarily translated into substantive protection of women's and girl’s rights, and
States must work to ensure that they carry through with their obligations to investigate incidents
of gender-based violence and provide redress for victims.
Chapter two examines specific forms of violence that women and girls experience throughout
the world, including honor killings, female genital mutilation, pregnancy and virginity testing, and
the use of forced contraception and addresses the need to advance the humanization of women’s
rights. States have been reluctant to introduce laws opposing these forms of violence on grounds
that certain practices are based on culture or religion. Although international human rights law
protects the right to freedom of religion, sexual-based violence cannot be excused on religious
grounds, and it has taken too long for laws to begin to act against practices that constitute torture
or ill-treatment. The chapter invites readers to view women as the protagonists of human rights
standards rather than continually framing men as the central figures of such rights; the standard
of protection cannot always be viewed through the lens of male actors. The chapter then moves
beyond the gender perspective as a tool to protect women and analyzes the need for the specific
recognition of harms suffered by trans and intersex individuals. Perhaps one of the most important
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