I N T E G R AT I N G A G E N D E R P E R S P E C T I V E I N T O H U M A N R I G H T S I N V E S T I G AT I O N S • G U I D A N C E A N D P R A C T I C E
III
In humanitarian contexts and fragile settings, the
risk of dying in pregnancy or childbirth is twice
as high as the maternal death rate in non-fragile
settings. Services available in humanitarian
contexts, including IDP settlements, may fall
short of meeting the needs of women and
adolescent girls, including life-saving emergency
obstetric care. Protection mechanisms for victims
and survivors of sexual violence, especially
access to psychosocial support and sexual
and reproductive health services, may not be
available.
mental health, education, work, housing and
participation in public life.54 GBV in conflict/
crisis situations may also result in a vast range
of physical and psychological consequences
for victims and survivors, such as post-traumatic
stress disorder (PTSD), injuries and disabilities
and an increased risk of HIV infection, as well as
unwanted pregnancies. The CEDAW Committee
has stated that there is a strong correlation
between GBV and HIV, including the deliberate
transmission of HIV, used as a weapon of war,
through rape.55 Reports also indicate that sexual
violence has been used during conflict as a
strategic tool of war to humiliate the enemy,
obtain information and pressure suspects to
step forward.56 Investigation teams should
document and analyse the extent to which
GBV has contributed to additional violations
or abuses of human rights, including by asking
relevant questions of the victims and survivors,
their relatives, as well as other sources, such
as medical practitioners and humanitarian
workers providing aid and support, including
psychosocial support, to victims and survivors.
Questions could relate to the consequences
and subsequent impacts of the violations on the
victims, including beyond the specific physical
consequences. For example, questions might
be asked about the possible changes that have
occurred after the violations in relation to victims’
general well-being and morale, including their
health, sleep and anxiety, or about the impact
This can be due to limited funding as well
as lack of access to or restrictions imposed
on humanitarian actors that prevent delivery
of these services. In some contexts, policy
barriers also prevent health personnel from
providing a complete range of contraceptives.
Without access to comprehensive sexual and
reproductive health services, including prenatal,
postnatal and delivery care, access to safe
abortion and contraceptive options, the lives of
many women and girls living in humanitarian
contexts are at considerable risk. It is critical
that investigation teams effectively reflect the
differentiated impact and consequences that
forced displacement can have on women and
girls. These resulting violations of their rights
would never have taken place if they had not
had to flee from violence or conflict and should
be considered an integral part of the analysis of
the gender impact of the violations.
For example, sexual harassment of women’s rights defenders
by state and non-state actors undermines women’s equal
and meaningful participation in political and public life, see
CEDAW general recommendation No. 30 (2013), para. 37.
54
C
THE CONNECTION BETWEEN
GENDER-BASED VIOLENCE AND
OTHER HUMAN RIGHTS VIOLATIONS
OR ABUSES
Ibid.
55
Sexual violence in situations of armed conflict might be used
as a tactic or weapon of war. This tactic of war refers to
“acts of sexual violence that are linked with military/political
objectives and that serve (or intend to serve) a strategic
aim related to the conflict. This will rarely be reflected in
overt orders, but may be evidenced by the fact that an
armed group has a functioning chain of command and is
able to restrain other offenses (like mutiny, desertion), while
sexual violence is neither condemned nor punished by the
military hierarchy” (UN Action Network Against Sexual
Violence in Conflict, Analytical and Conceptual Framing
of Conflict-related Sexual Violence, 2011, p. 2). See also
Security Council resolution 1820 (2008) where the Security
Council determined that, when used or commissioned as a
tactic of war, sexual violence may impede the restoration of
international peace and security.
56
As noted in section A, GBV may lead
to additional human rights violations or
abuses, including violations of the right to
life and security of the person, the right to be
protected from torture, and the rights to the
highest attainable standard of physical and
46
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