...and girls, the under-representation of women in decision-making and leadership roles, the impact of discriminatory laws and their gender-based enforcement and application, harmful social norms and practices, cultural assumptions about male invulnerability to sexual violence, structural inequalities, discriminatory views on women or gender roles in society, and lack of available services for survivors all exacerbate exposure to CRSV. CRSV occurs on a continuum of sexual and gender-based violence, which impacts diverse groups of women and......Elimination of Racial Discrimination, CRSV may be a form of racial discrimination; Under the International Covenant on Civil and Political Rights and the Convention on the Elimination of Discrimination against Women, CRSV may be a manifestation of discrimination/violence against women (a group that includes girls, unless otherwise specified in the Guidebook) and/or gender-based violence; Under the Convention against Torture, CRSV may be classified as either torture and/or other cruel, inhuman or degrading treatment or punishment;......the above-mentioned forms of violence and their corresponding State obligations should be understood as including CRSV. Accordingly, different systems may impose differing obligations (in both substance and scope) on States. Such obligations, however, are not mutually exclusive: for example, States may have the obligation to prevent or respond to CRSV that amounts to racial discrimination and that simultaneously constitutes gender-based violence. Further, several frameworks (at both the regional and international level) have frequently referred to......decent work and face occupational segregation and gender wage gaps. They are too often denied access to basic education and health care. Women in all parts of the world suffer violence and discrimination. They are under-represented in political and economic decision-making processes.34 The inferior status frequently accorded to women ‘is entrenched in history, culture and tradition’, and places them at risk of ‘specific violations such as gender-based violence, trafficking and sex discrimination’.35 In conflict, sexual......children may be forced to flee their homes, some torn from their families and exposed to exploitation and abuse along the way. They risk injury and death. They may be recruited by armed forces. Especially for girls and women, the threat of gender-based violence soars.42 LGBTQI+ persons. Homophobic and transphobic attitudes, often combined with a lack of adequate legal protection against discrimination on grounds of sexual orientation, gender identity, gender expression and sex characteristics, endanger...

...the lack of privacy, which can lead to sexual violence and child abuse’;30 ‘To avert risks to health and security and possible incidents of sexual and gender-related violence’, strengthen the psychological support offered and identify the specific needs of persons located in migrant holding centres, ‘especially single women and single mothers’,31 ‘victims of torture, trafficking and sexual and gender-based violence’32 and ‘unaccompanied and separated minors’. States should establish ‘gender-appropriate, culturally sensitive and age-sensitive individual screening and assessment......awareness-raising campaigns ‘on respect for diversity and the elimination of racial discrimination’;42 Undertake information campaigns ‘among the population, in particular of persons belonging to minority groups’,43 including migrants,44 ‘about the mechanisms and procedures provided for in national legislation on racism and discrimination’,45 particularly ‘on the prohibition and negative effects of gender-based violence’ and the remedies available.46 States should make educational material ‘available in a variety of languages’;47 Ensure that their periodic reports to the Committee under article 9 are......to assist linguistic minorities;84 Facilitate other entities’ investigative endeavours.85 This is relevant as regards lack of coordination between ordinary and Indigenous justice systems, which is an obstacle to access to justice for Indigenous persons, in particular Indigenous women ‘who are victims of gender-based violence’. States should continue making efforts to recognise, respect and strengthen Indigenous justice system, in line with international human rights law, ‘including through harmonization, cooperation and coordination’ involving the authorities of the ordinary......of being expelled from the territory of the State party’92 after their case is closed. This discourages them from reporting abuse and forces ‘women victims of domestic violence to remain in abusive relationships’.93 States should grant undocumented migrants who have been victims of gender-based violence ‘the possibility to reside in the country after their case has been closed’.94 ‘Women victims of violence should be guaranteed a legal stay in the State party until they recover and have the......remedial process’;100 Set up and adequately fund ‘prevention and early assistance centres, counselling services and temporary shelters’;101 Strengthen and expand existing services, ‘including shelters and counselling, for victims of gender-based violence’,102 so as to ensure their accessibility, and ‘increase the number of doctors and of functioning and properly equipped primary health centres and health sub-centres in tribal and rural areas’;103 Ensure equal access to health care facilities and reproductive health services that are affordable,104 adequate and culturally...

...enforce a State’s obligations under the ICCPR, please consult the “Ratification and Enforcement of Treaties” chapter, “International Human Rights Law” section. I.1 CRSV under the ICCPR🔗 The Committee has condemned sexual violence as ‘a form of extreme gender-based violence’3 that may also amount to torture or cruel, inhuman or degrading treatment or punishment (“ill-treatment”), in contravention of: Article 7 (on torture and ill-treatment).4 As the Covenant does not contain an exhaustive definition of the forms of treatment......should take measures to: Build adequate shelters for women and children subjected to gender-based violence, in particular women and children with disabilities;57 Ensure that victims/survivors receive physical and psychological support, including through the establishment of a reparations fund for victims of sexual violence, to be put into operation as soon as possible; Facilitate victims/survivors’ access to legal services.58 Women’s sexual and reproductive health. The Committee has expressed concern at reports on the lack of sexual and...

...must collect data on CRSV🔗 States should collect, analyse and use quantitative and qualitative data to develop and monitor policies aimed at the elimination of gender-based violence.135 In particular, States should: Collect data on the incidence and prevalence of gender-based violence, including sexual violence, ‘in different settings and with regard to different categories of women’;136 Collect, analyse and publish statistical data on the number of complaints about all forms of gender-based violence against women. Data ‘should......in transitional justice systems, including truth commissions and reparations ‘which are gender sensitive and promote women’s rights’; Mandate transitional justice mechanisms to address all gender-based violations; Reject amnesties for gender-based violence. Amnesties are impermissible if they interfere with victims/survivors’ right to an effective remedy, including reparation, or if they restrict victims’ and societies’ right ‘to know the truth about violations of human rights and humanitarian law’;184 Reject statutory limitations for the prosecution of gender-based violence;185......denying women, irrespective of their marital status, on a basis of equality of men and women, their human rights and fundamental freedoms ‘in the political, economic, social, cultural, civil or any other field’. Discrimination against women includes gender-based violence.4 While gender-based violence typically describes violence committed against any persons because of their sex and socially constructed gender roles, under the CEDAW the term takes on a more woman-centric focus: the Committee has defined it as......for classifying acts of gender-based violence as torture ‘are satisfied when acts or omissions are gender-specific or perpetrated against a person on the basis of sex’. In determining whether gender-based violence amounts to torture or ill-treatment, ‘a gender-sensitive approach is required to understand the level of pain and suffering experienced by women’.11 I.2 When Is Sexual Violence Conflict-Related?🔗 The CEDAW’s focus on women and girls is motivated by the fact that, unlike other sections of......or strengthening of self-regulatory mechanisms by media organisations, including online or social media organisations, to address gender-based violence against women ‘that takes place through their services and platforms’; Guidelines for the appropriate coverage by the media of cases of gender-based violence against women; Measures to establish or strengthen national human rights institutions’ capacity to monitor or consider complaints regarding any media that portray gender-discriminatory content;107 Banning the sale of videogames or cartoons involving sexual violence...

...majority of victims of sexual violence are women, the prohibition has evolved to include persons of all genders. Gender-based violence ‘can be committed against any persons because of their sex and socially constructed gender roles’, including women, girls, lesbian, gay, bisexual and transgender persons, sexual minorities, gender-non-conforming individuals, and men and boys.7 As observed by the Special Rapporteur, ‘the purpose and intent elements of the definition of torture are always fulfilled if an act is gender-specific......that States should investigate and prosecute all cases of sexual and gender-based violence, especially those involving State authorities or other entities for whose actions or omissions States are responsible under the Convention.13 I.2 To What Kind of Sexual Violence Does the CAT Apply?🔗 All forms of sexual violence mentioned in the Introduction to the Guidebook may amount to torture or ill-treatment.14 In particular, the Committee has often recalled its jurisprudence that rape constitutes ‘infliction of severe......be considered ‘as authors, complicit or otherwise responsible’ for consenting to or acquiescing to the prohibited acts: the State’s indifference or inaction is a form of encouragement and/or permission. The Committee has applied this principle to States Parties’ failure ‘to prevent and protect victims from gender-based violence, such as rape, domestic violence, female genital mutilation, and trafficking’.42 States Parties should prohibit, prevent and redress torture and ill-treatment in all contexts of custody or control, such......the competent authorities must take into account all relevant considerations including, where applicable, ‘the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights’.52 Such violations include, but are not limited to: Widespread use of torture and impunity of its perpetrators; Harassment and violence against minority groups; Situations conducive to genocide; Widespread gender-based violence; Widespread use of sentencing and imprisonment of persons exercising fundamental freedoms; and Situations of......who deal with persons under deportation procedures on respect for the principle of non-refoulement; Providing effective training for medical and other personnel dealing with detainees, migrants and asylum seekers in identifying and documenting signs of torture, taking into account the Istanbul Protocol;62 Rapid and appropriate identification of persons at risk, including survivors of torture and ill-treatment, and of sexual and gender-based violence, and providing them with health-care and psychological services;63 Refraining from adopting dissuasive measures or...

...and programmes, and in all frameworks’.40 Further, they should reach out directly to women and girls with disabilities, fully take their perspectives into account and ensure that they will not be subjected to any reprisals for expressing their views and concerns, ‘especially in relation to sexual and reproductive health and rights, as well as gender-based violence, including sexual violence’.41 In conflict, women and girls with disabilities are at a heightened risk of sexual and gender-based......the inaccessibility of legal information and procedures to report violations and abuses. For example, women and girls with disabilities who are subjected to gender-based violence ‘are often unaware of their rights and the remedies available to them’. States should ‘adopt measures to increase the legal awareness of persons with disabilities’ and provide information in accessible formats, ‘including Braille, tactile media, plain language, Easy Read and sign language’;98 Ensuring that persons with disabilities participate in the......all forms of exploitation, violence and abuse, ‘including their gender-based aspects’, ‘both within and outside the home’; States must secure their ‘physical and mental integrity on an equal basis with others’.8 Under article 11, States must guarantee that all measures adopted ‘to ensure the protection and safety of persons with disabilities in situations of risk, including armed conflict and humanitarian emergencies, are ‘in accordance with their obligations under international law, including international humanitarian law and...

...their gender, may be a victim of sexual and gender-based violence. While sexual and gender-based violence is predominantly perpetrated against women and girls, acts of sexual violence against men and boys, persons with psychosocial disabilities, and lesbian, gay, bisexual, transgender and intersex persons are of equal concern.29 II. Legal Framework🔗 African Charter on Human and People’s Rights Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol)......Africa (the Robben Island Guidelines), States should: Ensure that acts falling within the definition of torture, ‘based on Article 1 of the UN Convention against Torture‘, are offences within States’ national legal systems;34 Criminalise all forms of sexual and gender-based violence;35 Prohibit and prevent ‘the use, production and trade of equipment or substances designed to inflict torture or ill-treatment’.36 Private actors. Under article 1, States should protect their citizens not only through appropriate legislation and effective enforcement,......be considerate of the needs of groups of women at risk of human rights violations by virtue of their diverse identities. In protecting their reproductive rights, States should not read or interpret in isolation the Maputo Protocol’s provisions ‘dealing with the intersecting aspects of women’s human rights, such as gender inequality, gender-based violence, harmful customary practices, and access to socio-economic rights’.136 Girls. Under article 11(4), States Parties must take all necessary measures to ensure that no......the persistence and tolerance of violence against women’.137 States should sensitise the population to the causes and consequences of HIV/AIDS, ‘particularly by supporting the initiatives of civil society in this area’.138 Training. States should ensure that police and military forces, as well as all the members of the judiciary, receive adequate training on international humanitarian law, women’s rights and children’s rights.139 States should also offer ‘adequate training on investigating and prosecuting crimes of sexual and gender-based violence...

...has reached the intensity needed to trigger international humanitarian law.9 While States may derogate from (i.e., suspend) certain aspects of their implementation of the ECHR in times of war,10 derogations inconsistent with article 3 are never permissible.11 Accordingly, where the Convention applies, CRSV that amounts to torture or ill-treatment is forbidden.12 The Istanbul Convention expressly applies both in times of peace and armed conflict.13 It recognises women and girls’ heightened exposure to gender-based violence, and prohibits both violence against......women and domestic violence, which encompass widespread or systematic rape and sexual violence.14 The Istanbul Convention also acknowledges the potential for increased gender-based violence both during and after conflicts,15 whether in public or in private life.16 II. Legal Framework🔗 Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights) Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) European Court of Human Rights Judgments Group of Experts on Action against......prevent interference with an individual’s private and family life.86 In the course of criminal proceedings, States must ensure that the life, liberty or security of witnesses, and in particular of victims/survivors called to testify, are not unduly endangered.87 Criminal proceedings play a crucial role in the institutional response to gender-based violence and in the fight against gender inequality.88 However, the ECtHR has observed that criminal proceedings are often experienced as an ordeal by victims/survivors of sexual......violence, especially when forced to confront the accused against their will, and also in cases involving minors.89 In these circumstances, the State may take special measures to protect the victims/survivors,90 including adequate care to protect them from secondary victimisation.91 The State must also conduct proceedings in a prompt and speedy manner, to avoid unnecessary delay.92 Judicial authorities must avoid reproducing gender stereotypes in court decisions, downplaying gender-based violence and exposing women to secondary victimisation by using guilt-inducing and......moralistic language that discourages victims/survivors’ trust in justice.93 To protect alleged victims/survivors of gender-based violence, States must also protect their image, dignity and privacy, including through the non-disclosure of information and personal data unrelated to the facts.94 While judges, due to their discretionary power and the principle of judicial independence, may express themselves freely in decisions, they have a prevailing obligation to protect the image and privacy of victims/survivors ‘from any unjustified infringement’.95 On the requirement of...

...person of confidence. III.10 States must ensure that women victims/survivors of CRSV have access to gender-sensitive proceedings🔗 In cases of violence against women, the criminal investigation ‘should include a gender perspective and be conducted by officials with experience in similar cases and in providing attention to victims of discrimination and gender-based violence’.97 A gender perspective includes trans women. If they have not yet done so, States must adopt a procedure for the recognition of gender......a complete and detailed medical and psychological examination as soon as there is awareness of the alleged acts. Personnel should be of the sex indicated by the victim/survivor, and advise the victim/survivor that they may be accompanied by someone they trust. Examinations must be performed in accordance with protocols designed for documenting evidence in cases of gender-based violence, such as the Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading......and reproductive health, and gender-based and sexual violence, to the entire population.63 In accordance with their level of maturity, States must incorporate adequate, timely information in compulsory school education materials to provide students with the necessary tools to prevent, identify and report risks and instances of sexual violence, including information on the importance of consent in sexual relationships.64 Under article 8 of the Convention of Belém do Pará, States must also establish education programs to:...

...in addressing CRSV. Laws can have preventative value from two points of view: First, the criminalisation of gender-based violence and atrocities indicates what is and what is not acceptable behaviour in a society, strengthening normative values and contributing to the rule of law; Second, these laws and institutions may also have preventative value insofar as robust frameworks to punish gender-based violence and atrocity crimes are a necessary first step in making accountability efforts possible, if......are four regimes which expressly denote sexual and gender-based violence as violations of international law requiring sanctions. I.2.1.1. SITUATION IN THE DEMOCRATIC REPUBLIC OF CONGO (DRC)🔗 In Resolution 1493 (2003), the Council called upon the parties to the conflict to stop violations of international humanitarian law (IHL). Five years later, the Council ‘strongly condemn[ed] the continuing violence, in particular sexual violence directed against women in the Democratic Republic of the Congo’40 and included CRSV as part......of the designation criterion for sanctions.41 In 2016, the Council adopted Resolution 2293 noting again ‘with great concern the persistence of serious human rights abuses and international humanitarian law violations against civilians in the eastern part of the DRC’, including ‘sexual and gender-based violence and large scale recruitment and use of children committed by armed groups’. The resolution renewed the previously imposed sanctions.42 The Council also urged ‘the Government of the DRC to continue the......commitments to end sexual violence and violations committed by its armed forces and continue efforts in that regard, noting that failure to do so may result in the [Armed Forces of the Democratic Republic of the Congo] being named again in future Secretary General’s reports on sexual violence’.44 I.2.1.2. SITUATION IN SOMALIA🔗 In Resolution 2002 (2011), the Council included sexual and gender-based violence as a designation criterion for targeted sanctions. The Council condemned in the......strongest terms ‘all acts of violence, abuses and violations, including sexual and gender-based violence, committed against civilians, including children, in violation of applicable international law’.45 The Council stressed ‘that the perpetrators must be brought to justice, recalling all its relevant resolutions on women, peace and security, on children and armed conflict, and on the protection of civilians in armed conflicts’.46 I.2.1.3. SITUATION IN SOUTH-SUDAN🔗 In 2015, the Council established a sanctions regime against South Sudan, and...