SURVIVOR-CENTRED JUSTICE

FOR GENDER-BASED VIOLENCE

IN COMPLEX SITUATIONS
Research report informed by case studies from Afghanistan, Honduras,
Papua New Guinea, the Philippines, South Sudan, and Tunisia
Survivor-Centred Justice for Gender-Based Violence in Complex Situations

Copyright © 2022, International Development Law Organization (IDLO) and the Global Women’s
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Produced by: IDLO and Global Women’s Institute

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Cover photo credit: © IDLO
SURVIVOR-CENTRED
JUSTICE FOR GENDER-
BASED VIOLENCE IN
COMPLEX SITUATIONS
Research report informed by case studies from Afghanistan,
Honduras, Papua New Guinea, the Philippines, South Sudan,
and Tunisia
TABLE OF CONTENTS

FOREWORD  6 International humanitarian law 41

EXECUTIVE SUMMARY 8 International criminal law 41
ACRONYMS13 Women, Peace and Security Agenda 43
LIST OF TABLES AND FIGURES  15 Upholding human rights standards to
address GBV in complex emergencies  43
ACKNOWLEDGMENTS16
Recent policy frameworks on access
CHAPTER 1: ACCESS TO JUSTICE
to justice and GBV: SDGs, Generation
FOR GBV SURVIVORS IN COMPLEX
Equality and Our Common Agenda  45
SETTINGS: KEY CONCEPTS AND
FRAMEWORK OF ANALYSIS 17 CHAPTER 3: SETTING THE SCENE –
JUSTICE MECHANISMS ADDRESSING
Introduction18
GBV ACROSS COMPLEX SITUATIONS  46
GBV – prevalence, definitions,
Afghanistan47
consequences and responses 19
Honduras  50
Estimates of GBV prevalence 19
Papua New Guinea 53
Impact and costs related to GBV 22
Philippines56
What does access to justice for GBV
survivors mean? 23 South Sudan 58
What does it mean to be survivor- Tunisia  61
centred?25 CHAPTER 4: LEGAL FRAMEWORKS
Complex settings: selected situations 27 TO ADDRESS GBV 63
The paper: content, structure and Global overview of approaches to
methodology29 GBV legal reform 64
CHAPTER 2: INTERNATIONAL Revising criminal laws  66
STANDARDS ON ENSURING JUSTICE Reforming civil and family laws to
FOR GBV SURVIVORS 33 address GBV  68
International human rights law 34 Special laws  70
Understanding GBV as a violation Strategic litigation  72
of human rights and a form of
discrimination against women  34 Conflict and complexity: a unique
opportunity to address GBV  73
Standards on State accountability
to ensure GBV survivors’ access to National action plans 74
justice in complex situations 36 The role of the women’s movement
Regional human rights treaties to in legal reform 75
prevent and combat violence against Key lessons 76
women  38
International humanitarian and
criminal law relevant for addressing
GBV in conflict and other complex
emergencies  41
CHAPTER 5: JUSTICE MECHANISMS – Increasing access to protection
CONSTRAINTS AND OPPORTUNITIES orders  101
FOR WOMEN’S ACCESS TO JUSTICE Engagement with customary and
IN COMPLEX SETTINGS 77 informal justice  104
Barriers to reporting GBV to formal Training of justice providers 105
institutions78
Specialized mechanisms for data
Social norms and community collection and review 106
pressure78
Key lessons 107
Withdrawal of reports 80
CHAPTER 6: SERVICES FOR GBV
Fear of reprisals 81 SURVIVORS IN COMPLEX SETTINGS 108
Lack of economic resources 81 Support services are crucial for
Distrust of formal institutions 81 survivors accessing justice  109
Limited knowledge of laws and Multisectoral coordination  110
services82 Referral pathways  112
Intersecting identities and barriers 83 Essential services 116
Justice constraints in practice: Role of civil society and women’s
police, prosecution and the judiciary 83 groups in providing services  118
Mistreatment or lack of sensitivity in Case management and legal
the treatment of survivors  83 accompaniment  119
Lack of follow-up 85 Psychosocial counselling  120
Lack of resources 85 One-stop centres  121
Unresponsive police procedures 86 Shelters122
Evidentiary challenges and lack of Health sector response  124
forensic capacity 86
Key lessons 125
Poor information systems and
dearth of data 87 CHAPTER 7: PRIMARY PREVENTION
OF GBV IN COMPLEX SETTINGS 127
Mediation  88
RESPECT framework for GBV
Impunity and insufficient penalties  89 prevention128
Corruption and lack of judicial Importance of primary prevention 129
independence90
Awareness-raising  130
The role of informal justice systems
in delivering justice to GBV survivors 91 Importance of community
mobilization  132
Innovative practices to increase
access to justice 95 Key lessons 133
Specialized police and prosecution CHAPTER 8: KEY FINDINGS AND
units96 RECOMMENDATIONS  134
Specialized GBV courts  97 CONCLUSION141
Humanitarian sector approaches to ENDNOTES142
addressing GBV  99
Legal aid, paralegals and other
community-based accompaniments
and access to justice support 100
FOREWORD
Gender-based violence (GBV) against with contexts of legal pluralism and
women and girls remains a pervasive political transition.
problem around the world1 and it is on
The partnership was an ideal mix of
the rise. During the COVID-19 pandemic,
expertise and resources. As the only
cases of GBV saw a sharp increase.2
global intergovernmental organization
The COVID-19 pandemic is only one
exclusively devoted to promoting the rule
of the crises compounding the rates
of law to advance peace and sustainable
of GBV against women and girls. This
development, IDLO has been researching,
human rights violation, rooted in gender
developing, and applying survivor/ victim-
inequality, is further exacerbated by
centered approaches in response to GBV,
the unprecedented climate crisis,
as part of its justice programming, for
growing conflicts, deepening inequalities
many years. Combatting GBV remains
and democratic backsliding. Seventy
a key objective under IDLO’s Strategic
percent of women experience GBV
Plan 2021-2024 and remains one of
in humanitarian or crisis contexts,3
IDLO’s largest thematic portfolios. GWI
compared to the global average of 30
is a globally recognized leader in the
percent. In the aftermath of some climate
field of GBV and has pioneered research
emergencies, a three-fold increase
on the prevalence of violence against
in domestic violence cases has been
women and girls in conflict settings.
reported.4
Since its launch in 2012, GWI has brought
together world class faculty, researchers,
Recognizing the vast challenge
students, practitioners, and policymakers
posed by GBV to the realization of
to focus on the most critical issues facing
humanity’s aspirations of equality,
women and girls today through research,
peace and sustainable development,
education and action for change.
the International Development Law
Organization (IDLO) and the Global Our new report shows, once again,
Women’s Institute (GWI) at George that in situations of crisis and other
Washington University forged a complexities, women are more likely to
partnership to conduct research with experience violence and other forms of
the aim to identify survivor-centred gender-based discrimination and less
approaches to addressing GBV in complex likely to receive justice. Survivors of GBV
situations. New research in six countries face a myriad of challenges in pursuing
across the globe – namely Afghanistan,5 justice for GBV in these circumstances.
Honduras, Papua New Guinea, the They range from social norms that
Philippines, South Sudan, and Tunisia stigmatize or blame survivors, community
– provided the basis for the present pressure to withdraw a report, fear of
report. The six country case studies offer reprisals, lack of economic resources, to
different perspectives of complexity in constraints within justice institutions and,
accessing justice in situations of conflict, in many contexts, a general culture of
organized crime, climate disasters, and impunity.
health emergencies, often intersecting

6 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

Our new report is very clear in as noted in the UN Secretary-General’s
highlighting these profound challenges. ‘Our Common Agenda’, the commitments
And it also moves forward to recommend to eradicate violence against women and
concrete approaches and practices to girls, and promote peace, justice and
increase access to justice for survivors inclusive societies as inscribed in the
of GBV in complex situations. The 2030 Agenda, and the bold action plan of
recommendations and the more detailed the Generation Equality Forum.
account of promising approaches in
International cooperation is essential and
each substantive chapter are essential
can create agreement on what needs to
because they provide concrete tools for
be done, but change, irreversible change,
decision-makers and practitioners. We
can only happen if survivors are listened
wish to underline the need to develop and
to, believed, and included in all decision-
implement a comprehensive survivor-
making about their lives, with respect for
centred justice response to GBV. This is,
their diversity. Change can only happen if
in fact, essential particularly in complex
women’s collective action and advocacy is
situations that are often characterized by
supported.
a breakdown of the functioning of justice.
We urge you to read this report in a spirit
IDLO and GWI would like this report to
of urgency of the change that needs to
contribute to ongoing efforts to stave off
happen. We invite you to take forward
the assault on women and girls’ rights
its recommendations. And we remain
that is currently intensifying in many
committed to our own partnership to put
places around the world, regardless
the findings of the report into action.
of their development ranking. We fully
support the new vision for the rule of law

Jan Beagle Mary Ellsberg

Director-General Founding Director
International Development Law Global Women’s Institute
Organization

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 7

EXECUTIVE SUMMARY
Gender-based violence (GBV) against selected to provide different perspectives
women is a human rights violation and is of complexity in accessing justice and an
both a cause and consequence of gender analysis of diverse justice mechanisms
inequality. GBV is globally prevalent, dealing with GBV in situations of conflict,
takes multiple forms and affects women organized crime, climate disasters and
throughout their life cycle, irrespective health emergencies, often intersecting
of income levels or social status. In turn, with contexts of legal pluralism and
gender inequality, as well as intersecting political transition. The six case studies
forms of discrimination – based on age, are as follows:
sexual orientation, gender identity,
CASE STUDIES: JUSTICE
ethnicity, migrant or internally displaced
MECHANISMS ADDRESSING GBV
person (IDP) status, health status, etc. –
IN COMPLEX SITUATIONS
have a negative impact on women’s ability
to report violence and access justice. Afghanistan

Women and girls’ vulnerability to Data that was collected before August
violence is exacerbated in complex 2021 showed that women in Afghanistan
contexts, such as conflict, organized experienced various forms of violence,
crime, health emergencies and the the majority of which occurred in
climate crisis, where GBV is more domestic settings and were connected to
common and more severe. In complex traditional practices such as forced and
settings, women face heightened child marriages, honour killings, as well
difficulties in accessing justice and as the custom of giving away girls as a
protection due to weakened justice method of settlement of disputes (baad).
systems or disrupted justice and service
Insecurity and protracted conflict had
delivery, as well as low levels of trust
seriously affected the capacity of the
in State institutions. Other challenges
Afghan justice sector to resolve legal
include the inability or unwillingness of
disputes and deliver justice outcomes,
States to address GBV, particularly in
resulting in the majority of the population
conflict situations, or the de-prioritization
seeking justice through informal and
of GBV responses, as evidenced during
customary mechanisms.
the COVID-19 pandemic. In situations
of crisis, women are more likely to Despite significant improvements in
experience violence and less likely to women’s meaningful participation in the
receive justice. political, economic, cultural and social
life of the country over two decades,
IDLO, in partnership with GWI at George
multiple challenges remained to be
Washington University, conducted
addressed, including security concerns,
research in six countries across the globe
inadequate implementation of laws,
with the aim to identify survivor-centred
and limited funding and capacity across
approaches to addressing GBV in complex
governmental institutions to tackle GBV.
situations. The country case studies were
The state of uncertainty that the country

8 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

entered after 15 August 2021 has exposed and gender norms, such as bride price
progress towards gender equality and and polygamy.
reducing GBV as particularly fragile.
Despite emerging evidence showing that
Honduras justice and support services for women
are increasing in Papua New Guinea,
Honduras reflects a complex and unstable
significant barriers to accessing justice
context, marked by organized crime,
for survivors persist, including the
corruption and some of the highest levels
perception of GBV as a family matter to be
of violence globally among countries
resolved within the accepted customary
where war has not been declared,
system.
resulting in an erosion of the rule of law,
high rates of forced displacement and Philippines
increased vulnerability of women and
The Philippines is an archipelago in
girls.
Southeast Asia on the frontlines of global
Honduras has the highest femicide rate in climate change. Being located both in the
the world. In 2019, a majority of reported typhoon belt and the Pacific Ring of Fire,
femicides were linked to organized crime. the country is visited by an average of 20
Despite promising innovation in the typhoons annually and is likewise prone
legal framing of GBV linked to organized to earthquakes and volcanic eruptions.
crime, important barriers to access to It is also affected by concerning rates
justice remain related to inadequate of GBV against women, particularly
penalties, widespread impunity, limited IPV, sexual exploitation, rape, physical
transparency and public participation injuries and trafficking in persons, which
in the legal reform process, insufficient far from abating, in fact increase during
State funding to civil society actors post-disaster scenarios. Evidence shows
defending women’s rights, and lack of that in these situations, sex becomes a
trust in the formal justice system. means of exchange for food, water and
other goods. Additionally, gaps in referral
Papua New Guinea
systems to police, courts and relevant
Papua New Guinea is one of the services hinder access to justice for GBV
most culturally, geographically and survivors in the country.
linguistically diverse countries globally,
In addressing these issues, government
affected by high gender inequality.
action plans related to disasters have
Women are largely absent from political
integrated human rights, gender
and administrative governance, as well
mainstreaming and women’s participation
as key customary, religious and private
considerations.
decision-making structures.
GBV data demonstrates that climate
Levels of GBV in the country are some
change and disaster are not gender-
of the highest in the world, particularly
neutral events and highlights the need
with regard to SARV and intimate partner
to further mainstream a gendered and
violence (IPV). GBV is fuelled by social
intersectional approach in disaster risk
norms around communal rather than
reduction and management, including
individual accountability alongside a
related policy and programming.
culture of retribution between different
tribal groups, resulting in harmful social

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 9

South Sudan measures to eradicate violence against
women.In 2018, Tunisia promulgated a
Since gaining independence in 2011,
special law on violence against women,
South Sudan has been marred by ongoing
which was widely viewed as an essential
conflicts related to political and ethnic
step in advancing justice for survivors, as
divisions, a deteriorating economy, and
part of a comprehensive response to GBV.
rates of GBV against women and among
the highest in the world, of which IPV is Despite progress towards respect for
the most common form. fundamental rights and freedoms, the
country still experiences high rates of
Conflict-related sexual violence by armed
GBV, particularly domestic violence and
actors has increased in the country
abuse, and sexual harassment in public
in the past decade, and women and
spaces. Persisting patriarchal attitudes
girls’ vulnerability is compounded by
and practices limit women’s participation
intercommunal conflicts over cattle, often
in public life and decision-making and
resolved through bride prices, revenge
impede their access to socio-economic
attacks or cattle raids, involving killing,
rights such as education, property and
rape and abduction. Other harmful,
equal work opportunities, contributing
patriarchal practices such as child
to a “feminization of poverty” and to
and forced marriage, wife inheritance
women’s lack of access to justice. This is
and polygamy enhance discriminatory
exacerbated by a gender bias of justice
conditions for women and girls.
actors handling crimes committed
Justice for GBV survivors is most against women, the justice sector’s
frequently accessed at the local level rudimentary infrastructure and lengthy
through the customary justice system. processes, and by women’s lack of
The latter is dominated by male chiefs awareness of their own rights, which
and tends to focus on restoring and further hinder access to justice for GBV
maintaining peace within a community, survivors.
rather than ensuring accountability of
JUSTICE GAPS AND CHALLENGES
perpetrators or protecting victims. The
FOR GBV SURVIVORS IN COMPLEX
weakening of justice institutions and
SITUATIONS
the rule of law as a result of the crisis,
the lack of a dedicated law on GBV and As evidenced in this study, survivors
a culture of impunity have made it face a myriad of challenges in pursuing
less likely that perpetrators are held justice for GBV starting with barriers to
accountable through formal justice, thus reporting and access all along the justice
discouraging survivors from reporting chain, as well as in the implementation
cases of GBV. of laws and policies, the ability of GBV
survivors to access support services, and
Tunisia
the lack of primary prevention measures.
Tunisia underwent a democratic While the countries in focus face specific
transition following the 2011 Jasmine challenges, many of the barriers to
Revolution and the adoption of a new justice for GBV survivors are cross-
Constitution in 2014 (subsequently cutting.
superseded in 2022), which enshrines
With respect to the legal framework,
equality between men and women
while all focus countries have adopted
and commits to taking the necessary
special laws to address GBV, with the

10 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

exception of South Sudan, inadequate framework for survivor-centred services
criminal law provisions on GBV persist, and of a State authority responsible
including procedural rules and lack for its implementation. Functional,
of recognition of emerging forms of easily accessible referral pathways are
violence. Other legal obstacles include absent, creating a gap in linking State
discriminatory standards deeply services, humanitarian actors, and
entrenched in broader legal frameworks, local organizations, and in delineating
including family and personal status respective roles and responsibilities
laws. in handling GBV cases and referral
procedures.
Social and cultural barriers to GBV
survivors’ access to justice mechanisms Finally, primary prevention efforts are
include patriarchal social norms and afforded the least attention. The countries
structural gender inequalities that in focus lack comprehensive, context-
permeate families and communities, responsive, long-term national prevention
such as the normalization of many forms strategies and frameworks encompassing
of GBV against women, and pressure on primary prevention and addressing
victims not to report. Economic barriers gender inequality, harmful social and
often prevent survivors from accessing gender norms, power imbalances, and
formal justice. Low awareness among the culture of acceptance of GBV. At
survivors of laws available to protect the local and community levels, there
them, where and how to report crimes, are insufficient GBV awareness raising
and of available support services creates activities and efforts to promote positive
additional obstacles. social norms through a whole-of-
community approach and empowering
Institutional challenges are related
survivors to seek support and access
to the integrity of formal justice actors
justice.
and their capacity to handle GBV cases,
fuelling distrust in the formal justice
APPROACHES AND PRACTICES TO
system, including: corruption and lack
INCREASE ACCESS TO JUSTICE
of judicial independence; lack of gender
FOR GBV SURVIVORS IN COMPLEX
sensitiveness and mistreatment of
SITUATIONS
survivors by the police; limited financial
resources and forensic specialist The report stresses that a survivor-
capacity, and poor information systems; centred approach is key to fulfilling the
lack of data collection to track national promise of justice in response to GBV
trends and respond to GBV; procedural in all circumstances, including complex
barriers, including evidentiary challenges situations. It highlights promising
and lack of adequate procedural pathways to justice for GBV survivors, in
safeguards for victims; low penalties and particular, in the following areas:
impunity.
Law reform to address GBV. Promising
While support services are crucial approaches in this regard include revising
for survivors accessing justice, the criminal law to include offences related
gaps in essential services provision to GBV; reforming existing civil and family
are staggeringly wide in the complex laws to strengthen women’s rights within
situations examined in this report. There marital and family relations; enacting
is a lack of a multisectoral coordination special laws on violence against women;

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 11

and strategic litigation to set precedent have been implemented in contexts of
on GBV. protracted conflicts.

Measures to increase access to justice. KEY RECOMMENDATIONS IN

Among the promising interventions PROMOTING SURVIVOR-CENTRED
showcased in the case studies include JUSTICE FOR GBV IN COMPLEX
specialized GBV courts, police and SETTINGS:
prosecution units as well as humanitarian
sector approaches to addressing justice Develop and implement a
for GBV, such as including rule of law comprehensive survivor-
and justice coordination mechanisms in centred justice response to
United Nations peacekeeping missions GBV that meets the needs
or in humanitarian assistance through of diverse women through
the GBV sub-cluster. Also identified as an intersectional approach
good practices are legal aid services, delivered using effective
paralegals and other community-based gender-responsive laws and
accompaniment and access to justice justice institutions.
support. Increasing access to protection Foster integration of services
orders; engagement with customary for GBV survivors in ways
and informal justice; training of justice that enhance prevention,
providers and specialised mechanisms protection, and access to
for data collection and review. redress through both formal
Essential services. To address the and informal pathways to
short-, medium- and long-term needs justice.
of survivors in accessing and navigating Strengthen legal
justice, essential services must be in empowerment of women by
place.These services for GBV survivors raising awareness of laws
should include: specialized women’s and rights and providing legal
organizations and civil society actors; support services directly to
legal aid, including case management GBV survivors.
and legal accompaniment; psychosocial
counselling; one-stop centres; shelters; Support women’s collective
health services; and referral pathways action and advocacy by
and multisectoral coordination systems. safeguarding civic space
and providing targeted
Primary prevention. Increased attention financing for local women’s
on developing prevention models organizations and essential
appropriate for humanitarian settings community networks.
was highlighted as a promising approach.
Also highlighted that the need for a Expand GBV monitoring
gradual shift of focus from awareness and data collection and
generation programmes to promoting strengthen research on what
community-based prevention and works to ensure that policies
economic empowerment programmes and practices are evidence-
for women and girls. Primary prevention based and can be measured
interventions must also build upon for accountability.
evaluated prevention programmes that

12 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

ACRONYMS
CEDAW Convention on the Elimination of Discrimination against Women

CHRP Commission for Human Rights in the Philippines

CIJS Customary and informal justice systems

CRSV Conflict-related sexual violence

CSO Civil society organization

DHS Demographic health survey

FPO Family protection order

FSC Family Support Centres

FSVAC Family and Sexual Violence Action Committee

FSVU Family and Sexual Violence Unit

GBV Gender-based violence

GREVIO Group of Experts on Action against Violence against Women and

Domestic Violence

GWI Global Women’s Institute

HIV Human immunodeficiency virus

IDLO International Development Law Organization

IPO Interim protection order

IPV Intimate partner violence

IRC International Rescue Committee

IUDPAS Institute for Democracy, Peace and Security

JSS4D Justice Services and Stability for Development Program

KUSWA Kafe Urban Settlers Women’s Association

LEVAW Law on Elimination of Violence Against Women

LGBTQI+: Lesbian, gay, bisexual, transgender, queer and intersex plus

MDG Millennium Development Goal

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 13

 MENA Middle East and North Africa

MESECVI Follow-up Mechanism to the Belém do Pará Convention

NATO North Atlantic Treaty Organization

NCD National Capital District of Papua New Guinea

NGO Non-governmental organization

OCHA United Nations Office for the Coordination of Humanitarian Affairs

OHCHR Office of the United Nations High Commissioner for Human Rights

PNG Papua New Guinea

PTSD Post-traumatic stress disorder

R-ARCSS Revitalized Agreement on Resolving the Conflict in South Sudan

SARV Sorcery accusation related violence

SDG Sustainable Development Goal

UN United Nations

UNAMA United Nations Assistance Mission in Afghanistan

UNDP United Nations Development Programme

UNFPA United Nations Population Fund

UNHCR United Nations High Commissioner for Refugees

UNICEF United Nations Children’s Fund

UNMISS United Nations Mission in South Sudan

UNODC United Nations Office on Drugs and Crime

VAW Violence against women

VAWC Violence against women and their children

VAWG Violence against women and girls

WDG Women Development Group

WHO World Health Organization

WPS Women, Peace, and Security

14 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

LIST OF TABLES AND FIGURES
Box 1: Box 14:
Definitions of GBV used in this paper Overview of specialized GBV justice
mechanisms in six countries
Box 2:
Elements of a holistic approach to Box 15:
ensuring women’s access to justice Principles for Service Providers

Box 3: Box 16:

GBV in complex settings - selected Standard operating procedures
situations
Box 17:
Box 4: Referral pathways in humanitarian
Summary of research methods settings

Box 5: Box 18:

The Istanbul Convention National Capital District, PNG Referral
Pathway
Box 6:
Timeline of International and Regional Box 19:
Standards on GBV Essential Services and Actions for
Women and Girls Subject to Violence
Box 7:
Afghanistan snapshot Box 20:
Femili PNG - An example of effective case
Box 8:
management
Honduras snapshot
Box 21:
Box 9:
GBV prevention initiatives in fragile and
Papua New Guinea snapshot
conflict settings
Box 10:
The Philippines snapshot

Box 11:
South Sudan snapshot

Box 12:
Tunisia snapshot

Box 13:
Overview of key legal provisions and
policies on GBV in six countries

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 15

ACKNOWLEDGMENTS
This paper is the joint work of a team IDLO and GWI are grateful for the
of IDLO staff and consultants led by technical support provided by the
IDLO’s Department of Research and following experts: Anita E. Baleda
Learning, and Global Women’s Institute (Philippine Commission on Women), Dean
(GWI) researchers and staff. GWI would Rosa Celorio (George Washington Law
like to acknowledge the contributions School), Priya Gopalan (United Nations
of Dr Mary Ellsberg (overall technical Working Group on Arbitrary Detention),
advisor), Dr Chelsea Ullman (lead Sara Hossain (Dr Kamal Hossain and
drafter), Florencia Truzzo (Honduras), Associates), Dr Fiona Hukula (Pacific
Deviyani Dixit (Papua New Guinea), Islands Forum Secretariat), Caroline
Skylar Wynn (South Sudan and PNG) Meenagh (UN Women) and Melissa Scaia
and Ellen Weiss (editing). IDLO would (Global Rights for Women).
like to acknowledge the contributions of
IDLO would like to thank the Government
the country researchers Masiha Fayez
of the Netherlands for its generous
(Afghanistan), Ryan Jeremiah D. Quan
support for this work.
(Philippines), Anne Maureen B. Manigbas
(Philippines), Dr Khaled Mejri (Tunisia)
and international consultants Asmita
Basu and Lisa Gormley. At IDLO, Dr Ilaria
Bottigliero, Raluca Popa, Rea Abada
Chiongson, Stefania Kafka, Raymond
Micklewright, Foiza Nasim, Daniela Di
Lorenzo, Fanny Vanessa Gallo, Sarah
Nardicchia, Elena Incisa di Camerana,
Cathleen Cagaanan, Michelle Brady,
Nada Riahi, Rebecca Everhardt, Michael
Warren, Raffaella Pizzamiglio, Nupur
Prakash, Anna Manikowska Di Giovanni,
Lara Manbeck, Kartik Sharma and other
colleagues contributed in various ways to
the publication.

16 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

CHAPTER 1: ACCESS
TO JUSTICE FOR GBV
SURVIVORS IN COMPLEX
SETTINGS: KEY CONCEPTS
AND FRAMEWORK OF
ANALYSIS
Image Credit: © IDLO
CHAPTER 1: ACCESS TO
JUSTICE FOR GBV SURVIVORS
IN COMPLEX SETTINGS: KEY
CONCEPTS AND FRAMEWORK OF
ANALYSIS

INTRODUCTION In complex settings, women face

heightened difficulties in accessing
Gender-based violence (GBV) against justice and protection. This may be due
women is a grave human rights violation to weakened justice systems or disrupted
and is both a cause and consequence of justice processes and service delivery,
gender inequality. It is globally prevalent, as well as low levels of trust in State
takes multiple forms and affects women institutions. Other challenges include
throughout their lives, regardless of inability or unwillingness of States to
income levels or social status. While address GBV, particularly in conflict
all women and girls may be vulnerable situations, or the de-prioritization of
to violence, women facing intersecting GBV responses, as evidenced during the
forms of discrimination based on age, COVID-19 pandemic.
sexual orientation, gender identity,
Thus, in situations of crisis, women are
ethnicity, national origin, race or caste,
more likely to experience violence and
disability or health status, are at an
less likely to receive justice.6
increased risk.

Women and girls’ vulnerability to

violence is exacerbated in complex
contexts such as conflict, organized
crime, global pandemics and climate
emergencies. While conflict in particular
gives rise to systematic GBV, such as
rape perpetrated by members of armed
forces, women and girls often remain
at greatest risk of physical, sexual or
emotional injury in their own homes from
family members or intimate partners.

18 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

GBV – PREVALENCE, DEFINITIONS, CONSEQUENCES AND
RESPONSES
ESTIMATES OF GBV PREVALENCE
GBV is among the world’s most common and severe human rights, development and
public health concerns. The World Health Organization (WHO) estimates that nearly
one in three women (30 per cent) globally face physical and/ or sexual intimate partner
violence (IPV) or non-partner sexual violence in their lifetime. Thirty-eight per cent of
murders of women are committed by intimate partners and 6 per cent of women report
to having been sexually assaulted by someone other than their partner. Intimate partner
and sexual violence are mostly committed by men against women.7 Seventy per cent of
women experience GBV in humanitarian or crisis contexts.8 COVID 19-related lockdowns
and its social and economic impacts have increased the risk of violence from abusive
partners.9
Box 1: Definitions of GBV used in this paper

The prohibition of GBV against women is an integral and core element of

international women’s rights frameworks. In addition, most governments around
the world have adopted measures to address the problem. This means that there is
a vast body of national laws, regional and international treaties that define GBV in
its many forms.10 The definition of GBV against women is in constant evolution, as
normative frameworks are responding to newly emerging forms and contexts.

GBV against women11 refers to “violence that is directed against a woman because
she is a woman or that affects women disproportionately”, including acts that inflict
physical, mental or sexual harm or suffering, threats of such acts, coercion and
other deprivations of liberty. Violence against women12 can take place:

• Within the family, including domestic violence, sexual abuse of female children,
dowry-related violence, marital rape, female genital mutilation/cutting and other
traditional practices that are harmful to women.

• Within the community, including rape and sexual abuse; sexual harassment and
intimidation at workplaces, educational institutions, public physical and virtual
spaces; trafficking in women; and forced prostitution.

• When condoned by the State including physical, sexual and psychological violence.

• When it is economic in nature including acts such as denial of funds, refusal to

contribute financially, denial of food and basic needs and controlling access to
healthcare, employment, etc.

• When there are violations of rights of women in situations such as armed

conflict, including systematic rape, sexual slavery and forced pregnancy, forced
sterilization, forced abortions or coerced or forced use of contraceptives,
pre-natal sex selection and female infanticide and targeting of women facing
intersectional discrimination.

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 19

 GBV may affect some women to different degrees, or in different ways, as it
inextricably intersects with other factors that affect their lives, including “women’s
ethnicity/race, indigenous or minority status, colour, socioeconomic status and/or
caste, language, religion or belief, political opinion, national origin, marital status,
maternity, parental status, age, urban or rural location, health status, disability, property
ownership, being lesbian, bisexual, transgender or intersex, illiteracy, seeking asylum,
being a refugee, internally displaced or stateless, widowhood, migration status, heading
households, living with HIV/AIDS, being deprived of liberty, and being in prostitution,
as well as trafficking in women, situations of armed conflict, geographical remoteness
and the stigmatization of women who fight for their rights, including human rights
defenders”.13 Thus, the term “women” must be understood to encompass women in
all their diversity, rather than as a monolithic category.

Femicide has gained legal recognition in many jurisdictions in Latin America and
beyond to refer to the gender-related killing of women, so as to distinguish them
from the gender-neutral concept of homicide. MESECVI, the monitoring body of
the Inter-American Convention on the Prevention, Punishment, and Eradication
of Violence against Women (Belém do Pará) defines femicide as “the violent killing
of women because of gender, whether it occurs within the family, domestic unit or any
interpersonal relationship, within the community, by any individual, or when committed
or tolerated by the State or its agents, either by act or omission”.14

‘Honour’ killings are “the murder of a woman by a close family member or partner
as a result of (suspected or alleged) shame being brought on a family by the action (a
suspicion or allegation thereof) of the woman.”15

Intimate partner violence “refers to behaviour within an intimate relationship that

causes physical, sexual or psychological harm, including acts of physical aggression,
sexual coercion, psychological abuse and controlling behaviours. This definition covers
violence by both current and former spouses and partners.”16

Non-partner sexual violence, including rape is “the experience of being forced,

coerced or threatened to perform any unwanted sexual act, including rape, attempted
rape, unwanted sexual touching or non-contact forms of sexual violence by someone
other than an intimate partner.”17

20 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

Conflict-related sexual violence (CRSV) refers to “rape, sexual slavery, forced
prostitution, forced pregnancy, forced abortion, enforced sterilization, forced marriage
and any other form of sexual violence of comparable gravity perpetrated against women,
men, girls or boys that is directly or indirectly linked to a conflict. That link may be
evident in the profile of the perpetrator, who is often affiliated with a State or non-State
armed group, which includes terrorist entities; the profile of the victim, who is frequently
an actual or perceived member of a political, ethnic or religious minority group or
targeted on the basis of actual or perceived sexual orientation or gender identity;
the climate of impunity, which is generally associated with State collapse, cross-border
consequences such as displacement or trafficking, and/or violations of a ceasefire
agreement. The term also encompasses trafficking in persons for the purpose of sexual
violence or exploitation, when committed in situations of conflict.”18

Child sexual abuse is “the involvement of a child in sexual activity that he or she does
not understand, is unable to give informed consent to, or for which the child is not
developmentally prepared and cannot give consent, or that violates the laws or social
taboos of society.”19

Child marriage refers to “any formal marriage or informal union between a child under
the age of 18 and an adult or another child.”20

Sorcery accusation related violence (SARV) “means violence that is directed at people
who have been accused of practicing sorcery.”21

Organized crime related violence refers to violence associated with organized

crimes22 including terrorism, drug trafficking, piracy, trafficking and transnational
organized crime.

Trafficking in persons (trafficking) means “the recruitment, transportation, transfer,

harbouring or receipt of persons, by means of the threat or use of force or other forms
of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position
of vulnerability or of the giving or receiving of payments or benefits to achieve the
consent of a person having control over another person, for the purpose of exploitation.
Exploitation shall include, at a minimum, the exploitation of the prostitution of others or
other forms of sexual exploitation, forced labour or services, slavery or practices similar
to slavery, servitude or the removal of organs.”23

Digital forms of violence against women “encompass a wide range of acts online
or through technology that are part of the continuum of violence that women and girls
experience for reasons related to their gender. Violence against women in its digital
dimension encompasses both online aspects (activities performed and data available
on the internet, including internet intermediaries on the surface web as well as the
dark web) and technology-facilitated (activities carried out with the use of technology
and communication equipment, including hardware and software) harmful behaviour
perpetrated against women and girls.”24

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 21

 Gender-based political violence is understood “as any action, conduct or omission,
carried out directly or through third parties that, based on gender, causes harm or
suffering to a woman or to various women, which has the effect or purpose of impairing
or nullifying the recognition, enjoyment or exercise by women of their political rights.
Violence against women in the political life may include, but is not limited to, physical,
sexual, psychological, moral, economic or symbolic violence.”25 Gender-based political
violence may be aimed at women human rights defenders, politicians, journalists,
government and justice personnel and others due to their participation in political
action, including mainstream party politics, advocacy, research, campaigns and
other actions to hold State and non-State actors accountable to human rights
guarantees enshrined in international, regional and national laws.

IMPACT AND COSTS RELATED TO results in women suffering isolation,

GBV loss of wages and being inadequately
represented in the workforce and
GBV is a human rights violation by itself; excluded from public life. This
it also curtails the exercise by women of perpetuates women’s subordinated
their other human rights. It has adverse position vis-à-vis men. There can
impacts not only on individual women also be intergenerational impacts, as
but also on their children, families and children exposed to violence within the
communities. home may suffer a range of behavioural
GBV has serious short- and long-term and emotional disturbances, which is
consequences on women’s physical, often associated with perpetrating or
sexual and reproductive and mental experiencing violence later in life. IPV has
health, as well as on their personal and also been associated with higher rates of
social well-being. Health consequences infant and child mortality and morbidity.
of GBV include injuries, untimed Finally, GBV results in significant
or unwanted pregnancy, sexually social and economic costs. In 2021, the
transmitted infections including HIV, European Institute for Gender Equality
and other infections. Mental health estimated that the cost of GBV across
impacts include post-traumatic stress the European Union is €366 billion a
disorders (PTSD), depression, anxiety, year. Violence against women makes up
substance misuse, self-harm and suicidal 79 per cent of this cost, amounting to
behaviour, and sleep disturbances. €289 billion. A breakdown of this figure
Additionally, GBV survivors may face shows the biggest cost is due to physical
social stigma and rejection from their and emotional impact (56 per cent),
families and communities.26 followed by criminal justice services (21
In addition to health impacts, GBV per cent) and lost economic output (14
significantly impedes women’s per cent). Other costs include civil and
economic empowerment due to reduced justice services (e.g., for divorce and child
productivity related to physical, mental custody proceedings), housing aid and
and social impairments, compromised child protection.28 Despite the high costs
agency to make choices, and fewer associated with GBV, funding available
career opportunities.27 GBV therefore to prevent and respond to GBV and

22 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

promote gender equality remains grossly broader aspirations such as the ability
inadequate.29 The Global Humanitarian to seek safety through protection orders
Overview 2021 estimates requirements to or a life free of violence through a
prevent, mitigate and respond to GBV in divorce, equal property rights, access
2021 amount to $696 million. However, at to coordinated and good quality support
the end of July 2021, only 12 per cent ($83 services such as legal aid, shelter,
million) had been pledged towards GBV- economic empowerment and financial
related programming and action.30 The support, as well as accompaniment
United Nations Office for the Coordination and support to navigate complex justice
of Humanitarian Affairs (OCHA) estimates processes. Justice processes should also
that the 2022 requirements stand at $596 aim to empower women, guard against
million, but as of April 2022, only 2.6 per secondary victimization and enable
cent had been funded.31 women’s meaningful participation to
ensure that their short- and long-term
justice needs are met.35
WHAT DOES ACCESS TO
Overall, a strategic, comprehensive and
JUSTICE FOR GBV SURVIVORS long-lasting approach to justice for GBV
MEAN? survivors must be:
At a minimum, access to justice for • Centred on the needs and rights of
GBV survivors means adoption and survivors.
implementation of a range of measures
including enhancing domestic laws to • Focused on strengthening synergies
ensure that acts of violence against between justice actors and essential
women are recognized as crimes; support service mechanisms to provide
ensuring appropriate procedures for comprehensive responses to GBV
investigations and prosecutions; and survivors.
ensuring access to effective remedies • Embedded within broader goals of
and reparation.32 The obligation to achieving gender equality and building
protect women from GBV extends to acts a culture that accords full respect to
perpetrated not only by States but also women’s inalienable and indivisible
non-State actors. International human human rights.
rights law provides that States should
“take all appropriate measures to eliminate • Guided by the principle of non-
discrimination against women by any discrimination on the basis of sex/
person, organization or enterprise”,33 and gender and often interrelated factors,
in particular to “exercise due diligence to such as ethnicity/race, poverty, being
prevent, investigate, punish and provide lesbian, bisexual, transgender or
reparation for acts of violence [against intersex.36
women] that are perpetrated by non-State Key entry points for programming on
actors”.34 women’s access to justice are presented
However, a legal response alone is in the table on the following page.
inadequate to meet the complex and
multi-faceted needs of GBV survivors.
Women’s idea of justice may include

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 23

 Box 2: Elements of a holistic approach to ensuring women’s access to justice37

An enabling environment Effective, accountable Empowering women and

for women’s access to and gender-responsive preventing GBV
justice justice institutions
Women are aware of their
International standards CEDAW (Convention on rights and supported in
are domesticated the Elimination of All realizing their rights.
and implemented, Forms of Discrimination
Measures are taken
constitutions and laws Against Women)
to change patriarchal
reflect international Committee General
social norms to support
standards, and all Recommendation 33
women’s empowerment.
discriminatory elements principles are upheld –
are repealed. Policies justiciability, availability, Traditional and religious
and budgets are designed accessibility, good quality, institutions, justice and
to implement laws and provision of remedies and service delivery actors,
policies. accountability. and policymakers are
sensitized and respect
Customary and informal Women’s representation
gender equality.
justice systems are in institutions and
connected with formal decision-making
justice systems and processes is ensured.
strengthened to facilitate
Multilevel and
justice outcomes for GBV
multisectoral responses
survivors.
to meet the needs of GBV
Collaboration between survivors are facilitated.
State actors and civil
society organizations
is enhanced, including
community-based
organizations and
women’s organizations/
networks to establish an
enabling environment.

24 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

WHAT DOES IT MEAN TO BE to mitigate unintended negative
consequences and ensure that the
SURVIVOR-CENTRED? safety of women is prioritized.
General Recommendation 35 of the • Collaborating with and supporting
CEDAW Committee highlights that all women’s organizations, especially
measures to address GBV must be local ones, who are at the forefront of
implemented with “an approach centred responding to GBV. Local organizations
around the victim/survivor, acknowledging play an essential role in case
women as right holders and promoting management, supporting access to
their agency and autonomy, including the justice for GBV survivors and providing
evolving capacity of girls, from childhood specialized services. Research has
to adolescence. In addition, the measures shown that a critical factor accounting
should be designed and implemented for legal reforms and progressive
with the participation of women, taking policy changes has been the presence
into account the particular situation of of feminist movements in domestic
women affected by intersecting forms of contexts.42
discrimination.”38
• Supporting women’s mobilization
A survivor-centred approach to justice is against GBV. Autonomous feminist
necessarily multi-faceted and subjective. movements have led advocacy
In addition to centring on GBV survivors, campaigns and undertaken strategic
key aspects of a survivor-centred litigation that have influenced legal
approach to justice include:39 developments at the national, regional
• Prioritizing women’s safety and and international levels.43 They have
security and guarding against been effective in domesticating
backlash. Women and girls who are international and regional
survivors of GBV face a multitude of standards both in the framing and
risks to their personal safety and that implementation of laws. Support to
of their children or other family and women’s organizations and feminist
community members if they decide movements working to end GBV cannot
to seek justice for the violations they be separated from efforts to create
have suffered. Those who support GBV civil and political spaces for gender
survivors are also at risk. This means activism and mobilization against GBV.
that justice processes need to place • Building the GBV evidence base
women’s and their children’s need for by rigorously collecting data on
safety at the centre of all decisions. GBV centred on women and their
In complex situations, women often experience of GBV and accessing
lack access to basic services for justice. This includes collection of data
their safety, protection and recovery, disaggregated along key dimensions
such as emergency helplines, safe (e.g. sex, age) and listening to women
accommodation, shelter and psycho- in all their diversity tell their own
social counselling.40 Therefore, entry stories and experiences as well as
points for engagements in complex increasing efforts to decolonize data
situations should be informed by risk collection by privileging knowledge
assessments, such as “safety audits”41 from local practitioners, building local
capacity of researchers and amplifying

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 25

 voices of survivors.44 Advocacy, legal of women, including those subjected
reform and justice programming to intersectional or compounded
should be informed and based on discrimination”.46 Understanding
accurate data. how violence is perpetrated and
experienced using an intersectional
• Avoiding language that perpetuates approach can help tailor context-
the stigma associated with GBV. specific responses/initiatives that can
The fear of stigma discourages GBV reach the most vulnerable populations.
survivors from reporting instances of
GBV. Hence, capacity of local actors,
first responders and justice and
support service providers must be
built to use appropriate terminology
that does not either blame survivors
or perpetuate stereotypes and norms
related to so-called “honour”.45

• Accommodating and addressing

intersecting forms of discrimination
and marginalization. The CEDAW
Committee’s General Recommendation
33 recommends that “all justice
systems must be adapted to the needs

26 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

COMPLEX SETTINGS: SELECTED SITUATIONS
The prevalence and risks of GBV increase in contexts of crisis and emergencies, such as
health emergencies, armed conflicts, climate disasters and organized crime.

Box 3: GBV in complex settings - selected situations

The term “complex situations” is used throughout this report to describe complicated
contemporary contexts in which the humanitarian-development-peace nexus
(or “triple nexus”) is relevant. The nexus framework is an important means of
recognizing and responding to the need for strengthening the resilience of people
and communities before, during and after crises, with significant implications for
how aid is coordinated, financed and implemented. Achieving coherence between
efforts to deliver humanitarian assistance, foster sustainable development and build
peace is prioritized by, for example, the OECD Development Assistance Committee,47
and most key donors and United Nations agencies are supportive of the nexus
framework.48 In the complex situations covered by this report, risks of GBV against
women arise and are affected by diverse dynamics including protracted armed
conflict, long-term displacement, and the adverse effects of climate change, among
others.

Global pandemics (COVID-19): The COVID-19 pandemic exacerbated risks of GBV

globally with victim/survivors confined with abusers consequent to the application
of quarantine measures. Risks were also exacerbated due to financial stress,
stress related to school closures and increased care burdens as well as increased
alcohol consumption and drug abuse. The United Nations Population Fund (UNFPA)
predicted that 15 million additional cases of GBV occurred for every three months of
the COVID-related lockdown.49 COVID-19 also severely disrupted delivery of health,
emergency and legal/justice services.

Armed conflicts: These have disproportionate impacts on women and girls, who
face heightened risks due to displacement, entrenched structural bias, increased
caregiving roles and the breakdown of normal structures and support. The
prevalence of GBV in crisis settings is estimated to be double that faced in non-
conflict settings. Non-partner sexual violence is extraordinarily high compared to
non-conflict contexts. Emerging research shows that IPV against women and girls is
more prevalent than non-partner sexual violence during conflicts and humanitarian
crises. Though less is known about rates of other forms of GBV in these settings,
such as sexual exploitation and abuse, forced, early and child marriage, research
has shown increased risks of such forms of abuse in conflict and humanitarian
settings.50

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 27

 Climate disasters: Since 1970 the number of people exposed to floods and tropical
cyclones have doubled and women and children face an overwhelming burden
during and after the crises. The impact of climate change on women and girls is
multifaceted and significant, with GBV among the key challenges affecting women
and girls disproportionately.51 While global climate change exacerbates disaster
risks, it also increases the likelihood of rape, sexual exploitation and risky behaviour
of women. As with pandemics, there are severe disruptions in normal protection
systems, justice and service delivery in contexts of climate and natural disasters.52

Organized crime: Although there is limited research in this regard, organized

crime and GBV are linked in multiple and complex ways. Evidence suggests that
women may be engaged in organized crime to access resources to escape abusive
relationships, and that women in organized crime or related to or associated with
networks and gangs face violence, including femicide, sexual violence and IPV from
other gang members.53 Organized crimes may involve serious forms of GBV such as
trafficking for forced sexual exploitation, online sexual abuse, violence associated
with illicit firearms, forced labour and modern slavery. Women may also play various
roles in organized crime activities related to GBV.54

Pre-existing gender inequalities The very nature of complex settings

and challenges to accessing justice means that crises often overlap, e.g., the
are heightened in complex settings presence of organized crime in conflict or
due to weakened or absent rule of disaster settings happening at the same
law, breakdown of justice systems time as a health pandemic. Furthermore,
and disrupted service delivery, and addressing GBV in complex settings
the volatile and fluid contexts and requires going beyond a narrow lens that
governance structures. Other factors looks only at GBV-focused mechanisms,
that impede women’s access to justice and rather inquiring into processes that
in complex contexts include inadequate seek to prevent or address these crisis
and discriminatory legal frameworks and situations. For example, initiatives for
procedures; inadequate availability and GBV prevention and response should
resourcing of formal justice institutions be part of state and peace building
and services; discriminatory practices processes, disaster or health emergency
and accountability within customary responses. This will ensure that
and informal justice systems that are survivors receive protection, support and
most accessible for women; entrenched assistance at all stages of crisis, post
patriarchal social norms, practices and crisis and recovery.
attitudes; lack of survivors’ awareness of
Crises and post-conflict situations can
rights and availability of support services;
open opportunities for reform. A gender-
increased financial constraints in
responsive transition process should
accessing justice; and heightened safety
include measures to address impunity
risks.55 These challenges are detailed
for GBV, especially conflict-related
in the following chapters that present
GBV, encourage women’s participation,
findings from the different country
particularly of GBV survivors, and
contexts.

28 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

oversight. Such a process would also of experts. The situations included in
contribute to lasting peace. Research has this study are complex not only because
shown that involvement of and advocacy of the prevailing social and political
by women engaged in peace processes environment but also because of the
positively influenced agreements to complexity of justice systems in each of
address GBV and prosecution of GBV- the countries examined. This paper also
related crimes.56 examines other crucial factors overlaying
such complexities such as the role of
non-State, private or religious actors, as
THE PAPER: CONTENT, well as customary and informal justice
STRUCTURE AND systems, in the way women and girls
METHODOLOGY experience GBV and consequently their
justice seeking pathways.
Eliminating GBV, upholding women’s
By focusing on complex settings, this
human rights and facilitating access
paper seeks to contribute to research
to justice for GBV survivors are core
and understanding of what interventions
obligations of States and international
work to effectively respond to GBV,
actors. They, particularly under CEDAW
uphold women’s rights, and facilitate
and relevant regional treaties, apply
access to justice for GBV survivors.
under all circumstances, including in
This is particularly critical as despite
complex settings. However, measures
numerous initiatives to prevent and
or programmes to ensure access to
respond to GBV in the past 25 years,
justice for GBV survivors need to be
relatively few have been rigorously
tailored to women’s specific needs and
evaluated and there are significant
vulnerabilities and must be relevant to
evidence gaps on the effectiveness
contextual complexities. This highlights
of programming approaches. This is
a key learning from decades of
partly due to numerous methodological
implementing gender justice and rule of
challenges associated with data
law initiatives – that there is no ‘one-size-
collection, particularly in conflict and
fits-all’ approach.57
fragile settings.58 Given the prevalence
On this note, this paper provides a deeper and impact of GBV on women and girls,
understanding of the specific challenges there is a need to build the evidence base
women face in accessing justice for to effectively address it through inclusive,
GBV in complex settings and highlights gender sensitive and locally relevant
tailored approaches for better protection, interventions that are not only compliant
prevention and response, especially by with human rights standards, but are
justice systems. tailored to complex situations.

The content in this paper is based on a The paper is structured as follows:

literature review, qualitative interviews
• Chapter 1: Access to justice for GBV
and focus group discussions in six
survivors in complex settings: key
countries [Afghanistan, Honduras, Papua
concepts and framework of analysis
New Guinea (PNG), the Philippines,
South Sudan and Tunisia] experiencing • Chapter 2: International standards on
complex challenges (such as health ensuring justice for GBV survivors
emergencies, conflicts, organized crime
and climate disasters), and the inputs

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 29

• Chapter 3: Justice mechanisms • Highlight justice innovations that
addressing GBV across the six focus have been shown to increase the
countries effectiveness of the justice system
in responding to GBV in complex
• Chapter 4: Legal frameworks to
situations.
address GBV
To this end, a mix of methodological
• Chapter 5: Constraints and
approaches was adopted through a
opportunities for women’s access to
desk review of key documents, primary
justice in complex settings
qualitative data collection, and an expert
• Chapter 6: Services for GBV survivors group meeting to review emerging
in complex settings findings and recommendations. All
primary data collection was conducted
• Chapter 7: Primary prevention of GBV
before 15 August 2021. As such, the
in complex settings
main findings of the report were
• Chapter 8: Key findings and produced before the Taliban takeover in
recommendations for advancing Afghanistan, and before the adoption of
women’s access to justice in complex a new constitution in Tunisia, following a
settings referendum on 25 July 2022.

The paper is aimed at informing the

work of policymakers, development
practitioners and justice actors, including
lawyers, judges, court administrators,
as well as those training judicial and
legal professionals. It is also targeted
for use by those working with justice
institutions and processes such as
women’s organizations, national human
rights organizations, humanitarian
actors, researchers, activists and others
engaged in justice sector reform.

The research set out to meet the

following three research objectives:

• Identify the main challenges for justice

mechanisms in addressing GBV in
complex situations.

• Explore approaches that work or

show promise for improving access to
justice for survivors of GBV in complex
situations.

30 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

 Box 4: Summary of research methods

Desk review
International legal standards, reports, overview of survivor-centred
practices in rule of law and justice programming.

Country context studies

National and international researchers provided an overview of the
legal, policy and institutional context related to GBV in each of the six
countries.

51 key informant interviews

In-depth, semi-structured interviews with 57 interviewees across
the six study countries (in some case, two people from the same
organization or institution were interviewed at the same time). A
diverse range of stakeholders were interviewed from government
(13), civil society (21), academia (9) and multilateral organizations (8).
In total, 50 women and 7 men were interviewed.

6 focus group discussions (FGDs)

FGDs were conducted with 35 participants, which included
members of the judiciary (4), lawyers (13), representatives from
women’s organizations (11), forensic specialists (2), international
humanitarian practitioners (3) an academic (1) and a gender
specialist (1). FGDs were conducted in Afghanistan, Honduras, South
Sudan and Tunisia.

Expert group meeting

An expert group meeting with 30 participants was convened on 22
July 2021.

The desk review focused both on discussions among justice and legal
documents specific to the six focus professionals, government officials,
countries (Afghanistan, Honduras, GBV service providers, multilateral
PNG, the Philippines, South Sudan and agencies, donors, non-governmental
Tunisia), and others that were global organizations, civil society organizations
in scope, reflecting justice trends and (CSOs), women’s rights activists and
promising access to justice approaches researchers. Semi-structured interview
outside of the study countries. Key questionnaires were given to key
stakeholders were identified across informants in 51 interviews, and 6 focus
each of the six study countries for key group discussions were conducted with
informant interviews and focus group a total of 35 participants across the

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 31

six study countries. Participatory data For the purpose of the study, a case was
collection tools such as free listing and understood as a particular intervention
open-ended stories were prioritized or approach, whether sectoral (limited
in the FGDs. Informed consent forms to the justice sector) or inter-sectoral,
were distributed and discussed with all that shows promise in supporting
participants in the interviews and FGDs. access to justice for GBV survivors in
Towards completion of qualitative data complex situations in one country (e.g.,
collection, the research team presented the aftermath of Typhoon Haiyan in the
emerging findings and recommendations Philippines or the COVID-19 pandemic in
to a global group of experts for their Tunisia).
review.59
Although an effort was made to achieve
Sample selection: The countries of focus a diversity of countries, the ability to
in the research – Afghanistan, Honduras, draw general conclusions was impacted
South Sudan, the Philippines, Tunisia and by the lack of a representative set of
PNG – were selected to include a range cases, volatile and fast changing contexts
of fragile and complex situations such – as was experienced in Afghanistan
as post conflict, organized crime, plural – and access to and availability of
legal systems, aftermath of climate- data. All data was collected during the
related natural disasters, and health COVID-19 pandemic, and the lockdowns
emergencies. The aim was to select a imposed in several countries, such as
set of countries that are as diverse as the Philippines, made it impossible
possible, approximating a “most different for the researchers to travel to gather
systems” design.60 community-level data. These limitations
were mitigated through the adoption of
Thus, the following criteria were applied
the aforementioned data collection and
in country selection:
validation methods.
• Lends itself to illustrating either
promising practices or particular
challenges on one or more analytical
dimensions – legal frameworks,
opportunities for women’s access
to justice, provision of services and
primary prevention.

• Covers a range of complex situations.

• Provides geographical diversity, with

at least one example each from Africa,
Asia and the Pacific, Central and South
America, and the Middle East and
North Africa (MENA) region.

• Adds to existing knowledge.

• Ensures access and feasibility of the

research.

32 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

CHAPTER 2:
INTERNATIONAL
STANDARDS ON ENSURING
JUSTICE FOR GBV
SURVIVORS
Image Credit: © IDLO
CHAPTER 2: INTERNATIONAL
STANDARDS ON ENSURING
JUSTICE FOR GBV SURVIVORS
Situations of crisis often have different discrimination and the need to protect
and complex legal “regimes” concurrently the rights to personal integrity and to a
applying at the same time. In times dignified life.
of conflict, for example, international
human rights law operates alongside UNDERSTANDING GBV AS A
international humanitarian law, refugee VIOLATION OF HUMAN RIGHTS
law, international criminal law and the AND A FORM OF DISCRIMINATION
imperatives of the women, peace and AGAINST WOMEN
security agenda.61 This is reaffirmed by
While the prohibition of violence against
the CEDAW Committee in its General
women was not an integral part of
Recommendation 30 on women in conflict
recognized women’s rights at the 1979
prevention, conflict and post-conflict
situations where it urges states to “give adoption of CEDAW, today it is a core
due consideration to the complementary treaty obligation, with most governments
protections for women and girls stemming around the world adopting measures
from international humanitarian, refugee to address the problem. This change
and criminal law, when implementing their has taken place due to decades of
obligations under the [Convention for the transnational women’s mobilization.
Elimination of All Forms of Discrimination Placing violence against women on the
against Women]”.62 global human rights agenda is indeed one
of the most impressive successes of the
INTERNATIONAL HUMAN international women’s rights movement
over the last half a century.63
RIGHTS LAW
Within the United Nations Decade
Women’s right to access to justice
for Women (1975–1985), a process of
in response to GBV is a principle of
“transnational consensus building” had
international human rights law, which
been unfolding around the sweeping
serves as a foundation for national
agreement that “gender equality is the
laws and policies. The prohibition of
optimum approach to protecting women
GBV is based on the right to life and the
from violence”.64 In that important period
right not to be subjected to torture and
for women’s rights, CEDAW was adopted
ill-treatment, therefore requiring the
(1979), informed by ideas about women’s
highest priority to be given to ensuring
status that had been developed earlier,
its enforcement. The prohibition of
in the 1950s, 1960s and 1970s.65 Despite
GBV in international human rights law
the fact that CEDAW is a women’s human
is also guided by the principle of non-
rights treaty promoting gender equality

34 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

and non-discrimination, it does not refer statement that expressed the collective
to violence against women explicitly. By agreement of the Member States of the
the end of the United Nations Decade for United Nations. The language in these
Women, however, a movement to name two documents significantly informed the
violence against women had gained formulation of the theories, objectives
momentum around the world, starting and concrete measures that United
from the Global South. The Nairobi Nations Member States and international
Forward-looking Strategies (1985), which human rights bodies integrated in their
assessed progress made in the Decade agenda, also in response to growing
and set out the directions ahead, made advocacy from the global women’s
extensive references to violence against movement.69
women.66
The new understanding of violence
In the 1990s, the notion of violence against women as a human rights
against women as a form of violation was crystallized by the
subordination and discrimination found appointment by the United Nations
powerful expression in a body of “soft Human Rights Council (formerly the
law” epitomized by the 1992 General Human Rights Commission) of a Special
Recommendation 19 of the CEDAW Rapporteur on violence against women,
Committee and the 1993 United Nations its causes and consequences in its
General Assembly Declaration on the resolution 1994/45.
Elimination of Violence against Women.
The 1990s and 2000s saw a dramatic
General Recommendation 19 defined
expansion of the movement against
GBV as a form of discrimination against
GBV, through global conferences, United
women and triggered the application of
Nations declarations, and international
a resolutely human rights connotation to
non-governmental organization (NGO)
violence against women in international
activism. Significant distance was covered
documents. According to this General
by defining violence against women as
Recommendation, “GBV is violence
a human rights violation. Yet, the new
committed against a woman because
understanding was enshrined in a body
she is a woman or that affects women
of “soft law” mainly originating from
disproportionately”.67
the reinterpretation of CEDAW through
General Recommendation 19 of the General Recommendation 19. The
CEDAW Committee was followed by absence of an explicit treaty right against
the United Nations General Assembly violence against women is considered by
Declaration on the Elimination of Violence some as an important gap in international
against Women in 1993, which at the human rights treaty law.70 This gap was
time was considered “one of the most subsequently filled by several regional
significant efforts to combat violence treaties.
against women”.68 While CEDAW General
Recommendation 19 and the United
Nations General Assembly Declaration
were both legally non-binding
documents, the former carried significant
legitimacy as authoritative interpretation
of CEDAW, and the latter as a policy

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 35

STANDARDS ON STATE 30 that under all circumstances – even
fragile or complex contexts – States
ACCOUNTABILITY TO ENSURE are still bound by the basic obligation to
GBV SURVIVORS’ ACCESS ensure justice for women for crimes of
TO JUSTICE IN COMPLEX violence committed against them.

SITUATIONS General Recommendation 35 of CEDAW

is particularly important because it
The detailed constellation of the
consolidates not only the Committee’s
specific measures required to ensure
own monitoring work and jurisprudence
access to justice for women survivors
under the Optional Protocol, but also
of GBV has been elaborated by the
provisions contained in regional treaties,
CEDAW Committee, particularly in
in particular the Istanbul Convention, and
General Recommendations 19 (1992)
judgements of regional human rights
on violence against women; General
courts, in particular the Inter-American
Recommendation 30 on women’s rights
Court of Human Rights.
in conflict and post-conflict situations;
General Recommendation 33 (2015) Important elements of access to justice
on access to justice; and General for victims/survivors of GBV under
Recommendation 35 (2017), which CEDAW General Recommendations 19,
updates General Recommendation 19. 30, 33 and in particular 35 71 are:
The United Nations Special Procedures,
• All forms of GBV against women
notably the United Nations Special
must be defined as crimes. General
Rapporteur on violence against women,
Recommendation 35 encourages States
its causes and consequences, the United
to “ensure that all forms of GBV against
Nations Special Rapporteurs on torture
women in all spheres, which amount to
and extra-judicial executions, and
a violation of their physical, sexual or
the United Nations Working Group on
psychological integrity, are criminalized”.
discrimination against women in law and
As victims and survivors, women and
practice, have also detailed how justice
girls are entitled to reparation, in terms
should be administered.
of restitution (restoring property lost
The CEDAW Committee, through due to the commission of the crime),
its General Recommendations 19 rehabilitation (physical, mental and
and 35, recognizes GBV as a form of reproductive healthcare required to
discrimination against women under make a full recovery from the health
CEDAW, and requires States parties impacts of the crime), compensation
to prevent, investigate, prosecute (financial compensation to reflect
and provide remedy for all such acts, the pain and suffering experienced),
highlighting that access to justice is satisfaction (apologies and public
necessary to vindicate these rights. recognition of the harm done and the
The CEDAW Committee in General dignity of the survivors) and guarantees
Recommendation 33 has further of non-repetition.
emphasized the importance of access to
• Clear criminal law on rape and sexual
justice in general, for ensuring women’s
violence. General Recommendation
human rights, as an aspect of the rule
35 urges States to “ensure that sexual
of law and good governance. It has
assault, including rape, is characterized
reaffirmed in General Recommendation

36 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

 as a crime against the right to personal » medical, psychosocial and
security and physical, sexual and counselling services
psychological integrity and that the
definition of sexual crimes, including » timely and comprehensive mental,
marital and acquaintance or date rape, sexual and reproductive health
is based on the lack of freely given services that are responsive to
consent and takes into account coercive trauma, including emergency
circumstances.”72 contraception and post-exposure
prophylaxis against HIV
• Requirements of effective
investigation and prosecution. At the » education, affordable housing, land,
core of the procedural obligations childcare, training and employment
of States lies the duty of domestic opportunities for women who are
authorities to conduct a thorough victims/survivors and their family
and effective investigation capable of members
leading to the identification and, as » women’s support services, such
appropriate, the punishment of those as free helplines operating around
responsible.73 the clock and sufficient numbers of
• Protective measures for women safe and adequately equipped crisis,
complainants and witnesses to support and referral centres and
GBV before, during and after legal adequate shelters for women, their
proceedings. A survivor-centred children and other family members,
approach is particularly critical in as required
the adoption of protective measures, » appropriate multisectoral referral
as these need to place the safety mechanisms to ensure effective
and needs of victims and witnesses access to comprehensive services
at their heart. CEDAW General for survivors of such violence,
Recommendation 35 74 closely ensuring the full participation of and
follows the provisions of the Istanbul cooperation with non-governmental
Convention,75 and recommends that women’s organizations.
States parties adopt and implement
a range of protective measures, • Transformative remedies to deal
including: with root causes of GBV. General
Recommendation 35 draws on
» appropriate and accessible previous jurisprudence, particularly
protective mechanisms to prevent Gonzalez, Monreal and Monarrez v
further or potential violence, such Mexico (2009), known as “the Cottonfield
as immediate risk assessment, case”, in requiring that reparations
protection or restraining orders, be transformative, that is, that
emergency barring orders against they address the root causes of the
alleged perpetrators, including violence, particularly the gendered
adequate sanctions for non- inequalities that allowed the crime of
compliance violence to take place. The Committee
» access to financial assistance, gratis recommends that States parties
or low-cost, high-quality legal aid implement the following measures
with regard to reparations: “(a) Provide
effective reparations to victims/survivors

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 37

 of GBV against women, encompassing civil society should have a key role in
different measures, such as monetary reflecting on, reviewing and making
compensation, the provision of legal, changes to justice systems so they
social and health services, including fully respect the rights of women
sexual, reproductive and mental health and girls seeking justice.78 Women
services for a complete recovery, and human rights defenders and women
satisfaction and guarantees of non- CSOs often provide accompaniment
repetition; (b) Establish specific funds and services for GBV survivors, and
for reparations or include allocations in the families of those women and girls
the budgets of existing funds, including who are subjected to GBV, in seeking
under transitional justice mechanisms, justice and reparation. Often these
for reparations to victims of GBV against women advocates are GBV survivors
women. Priority should be given to the themselves, including being targeted
agency, wishes, decisions, safety, dignity for their work by State agents, hostile
and integrity of victims/survivors.”76 members of their communities, even
their own families.
• Eradication of gender stereotyping in
laws, in the judiciary and in the wider • Gender balance in the judiciary.
society. Article 5(a) of CEDAW urges CEDAW General Recommendation 33
States to eradicate those stereotypes, has stressed that the judiciary should
to “take all appropriate measures to have equal numbers of men and
modify social and cultural patterns women, that States should “confront
of conduct, with a view to eliminating and remove barriers to women’s
prejudices and customary and all other participation as professionals within all
practices that are based on the idea bodies and levels of judicial and quasi-
of the inferiority or the superiority of judicial systems and providers in justice-
either sex.” Furthermore, General related services.”79
Recommendation 35 identifies
gender stereotypes as both a root
cause and a consequence of violence REGIONAL HUMAN RIGHTS
against women. It emphasizes the TREATIES TO PREVENT AND
importance of eradicating stereotyping
in a variety of contexts including
COMBAT VIOLENCE AGAINST
in laws and in the judiciary.77 In WOMEN
General Recommendation 33, the
The first regional treaty on violence
CEDAW Committee has expounded
against women, the Inter-American
in detail how all those participating
Convention on the Prevention,
in the justice system, such as judges,
Punishment and Eradication of Violence
adjudicators, investigators and law
against Women of 1994, known as
enforcement officials, must carry out
“Belém do Pará”, recognized violence
their duties and apply the law without
against women as a human rights
stereotyping.
violation and established mechanisms to
• Role of feminist organizations in eliminate violence in both the public and
justice reform. The CEDAW Committee private spheres. In 2004, a monitoring
has emphasised to States that feminist mechanism for the treaty, MESECVI,
was set up consisting of (1) a forum
for permanent dialogue and technical

38 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

 © IDLO

cooperation between States parties; and against Women and Domestic Violence
(2) a Committee of Experts to assess (GREVIO), and a political body, the
progress and highlight challenges. Committee of Parties.

The second regional treaty, the Protocol Taken together, CEDAW and the three
to the African Charter on Human and regional treaties make up a global human
Peoples’ Rights on the Rights of Women rights legal framework to strategically
in Africa, adopted in 2003 by the African and effectively address all forms of
Union, linked the eradication of violence violence against women.80
against women to the advancement of
These regional human rights treaties
women in all aspects of life by introducing
to prevent and combat violence against
a prohibition on violence against women.
women have also formulated detailed
The Council of Europe Convention on provisions on ensuring victims’ access
Preventing and Combating Violence to justice. The Istanbul Convention is the
against Women and Domestic Violence most specific among the regional treaties
(Istanbul Convention), the third regional on this aspect.
treaty, moved the international legal
framework a step further by establishing
a legally binding definition of violence
against women as “a violation of human
rights and a form of discrimination
against women” (article 3). The Istanbul
Convention also established a monitoring
mechanism, consisting of an independent
expert body, known as the Group of
Experts on Action against Violence

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 39

Box 5: The Council of Europe Convention on Preventing and Combating Violence against
Women and Domestic Violence (Istanbul Convention).

The Istanbul Convention includes numerous provisions aimed at facilitating access

to justice for victims of GBV, in particular by requiring States parties to:

• Ensure that measures to protect the rights of victims of violence are implemented
without discrimination (article 4)

• Exercise due diligence to prevent, investigate, punish and provide reparation for
acts of violence (article 5)

• Take measures to promote changes in social and cultural patterns to eradicate

gender stereotypes (article 12)

• Provide adequate training of professionals working with victims of violence on

their needs and rights and on equality (article 15)

• Provide adequate legal information (article 19)

• Encourage reporting of acts of violence (article 27)

• Provide victims with adequate civil remedies (article 29), and compensation
(article 30)

• Criminalize or otherwise sanction a broad range of forms of violence against

women (articles 33–40)

• Ensure that investigations and judicial proceedings are carried out without undue
delay (article 49) and that prosecutors can initiate and continue proceedings, even
if the victim withdraws the complaint (article 55)

• Ensure that evidence relating to the sexual history and conduct of the victim is
permitted only when relevant and necessary (article 54)

• Ensure that mandatory alternative dispute resolution processes or sentencing,

including mediation and conciliation, are prohibited (article 48)

• Ensure the protection of victims at all stages of investigations and judicial

proceedings (article 56)

• Provide victims with access to legal assistance and to free legal aid (article 57)

Thus, the standards of the Istanbul Convention constitute a core element of ensuring
equal access of women to justice for GBV.

40 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

INTERNATIONAL in article 76 (1) affords protection to
women from “rape, forced prostitution
HUMANITARIAN AND and any other form of assault”, and in
CRIMINAL LAW RELEVANT article 77 (1) to children, including the
FOR ADDRESSING GBV girl child, against “indecent assault”.
Additional Protocol II (1977) also prohibits
IN CONFLICT AND OTHER rape in situations of non-international
COMPLEX EMERGENCIES armed conflict in its article 4 (1e). Thus,
the Geneva Conventions 1949 and the
INTERNATIONAL HUMANITARIAN
Additional Protocols 1977 contributed
LAW
to the development of international
A historical analysis of international humanitarian law protecting women
humanitarian law shows that sexual against sexual violence in times of war.
violence was always considered as In December 1992, post the ratification
collateral damage of conflicts, and of the Additional Protocols to the Geneva
women have not figured prominently in Conventions, the International Committee
either the laws restraining the conduct of the Red Cross issued an aide-memoire
of warfare or in war crimes tribunals.81 to clarify the prohibition of rape under
In the aftermath of World War II, rape the Geneva Conventions of 1949. It stated,
was included in the Tokyo Tribunal’s in particular, that the grave breaches
indictments, but an independent category enumerated in article 147 of the Fourth
of crimes of a sexual nature was omitted Geneva Convention, especially that of
from the Tokyo Charter.82 wilfully causing great suffering or serious
injury to body or health, “obviously covers
The post-war codification of international
not only rape, but also any other attack on a
humanitarian law culminated in the
woman’s dignity”.83
signing of the four Geneva Conventions
of 1949. The Fourth Geneva Convention
is the first international instrument to INTERNATIONAL CRIMINAL LAW
protect women against “rape, enforced
Parallel to the post World War
prostitution, or any form of indecent
II developments in international
assault” [article 27(2)]. This Convention
humanitarian law, rape also
is exclusively on international armed
incrementally gained recognition as an
conflict and does not apply to armed
international crime, including as a crime
conflicts not having an international
of genocide and crime against humanity.
character. The international humanitarian
law applied to those is the common In Jean-Paul Akayesu (1998), the
article 3 to the First, Second, Third and International Criminal Tribunal for
Fourth Geneva Conventions of 1949. Rwanda delivered the first conviction of
Importantly, this article regulates conflict sexual violence and rape as crimes of
of a non-international character and genocide. The Tribunal found Akayesu,
prohibits “outrages upon personal dignity, formerly serving as mayor of Taba,
in particular humiliating and degrading Rwanda, guilty on many counts. In
treatment” [article 3 (1c)]. particular, with regard to his crimes of
GBV, the Tribunal found him responsible
Protocol I (1977) additional to the Geneva
for: rape as a crime against humanity,
Conventions, and applicable to armed
other inhumane acts as a crime against
conflicts with an international character,

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 41

humanity, and rape as a crime of applicable to armed conflict not of an
genocide. The work of the two ad hoc international character.
tribunals for Rwanda (International
While the International Criminal Court
Criminal Tribunal for Rwanda) and
struggled to advance international
ex-Yugoslavia (International Criminal
jurisprudence on gender-based crimes
Tribunal for Yugoslavia) contributed to
in its first decade of practice, it has made
the realization that gender-based crimes
significant progress since 2014.84 That
during conflict are an exacerbated form year, the Office of the Prosecutor adopted
of the discrimination women and girls its “Policy Paper on Sexual and Gender-
suffer in times of peace, an insight that based Crimes”.85 Some examples include:
has since been the cornerstone of all the
strategies related to both conflict-related In 2021, in The Prosecutor v. Bosco
violence against women and “peacetime” Ntaganda, the International Criminal
GBV. Court delivered the first final conviction
for sexual and gender-based crimes.86
The Rome Statute of the International In 2019, the Trial Chamber convicted
Criminal Court of 1998 is the first Ntaganda of 18 counts of war crimes and
international legal instrument to crimes against humanity, including rape
expressly include various forms of and sexual slavery committed against
sexual and gender-based crimes — child soldiers, as well as both male
including rape, sexual slavery, enforced and female civilians, sentencing him to
prostitution, forced pregnancy, enforced 30 years’ imprisonment, the heaviest
sterilization, and other forms of sexual sentence handed down by the court at
violence — as underlying acts of both that date. On 30 March 2021, the Appeals
crimes against humanity and war crimes Chamber upheld the conviction and
when committed in international and sentence.
non-international armed conflicts.
Furthermore, The Prosecutor v. Dominic
• Article 7 (1) of the Rome Statute Ongwen is the first International Criminal
lists rape, sexual slavery, enforced Court case in which the Prosecutor
prostitution, forced pregnancy, brought the charges of forced marriage
enforced sterilization, or any other as an inhumane act, amounting to crimes
form of sexual violence of comparable against humanity, and it is the first time
gravity as a crime against humanity. that the crime of forced pregnancy has
been prosecuted by an international
• Article 8 (2)(b)(xxii) lists rape, sexual court.87 On 4 February 2021, the Trial
slavery, enforced prostitution, forced Chamber found Ongwen guilty of 61
pregnancy, enforced sterilization or counts of war crimes and crimes against
any other form of sexual violence as humanity, including all 19 counts relating
serious violations of the laws and to 11 charges of sexual and gender-based
customs applicable in international crimes.
armed conflict.
In Al-Hassan, a case arising from the
• Article 8 (e)(vi) lists rape, sexual Mali situation, which is currently at the
slavery, enforced prostitution, forced trial stage, the Office of the Prosecutor
pregnancy, enforced sterilization or broke new ground by including as crimes
any other form of sexual violence as a against humanity persecution on gender
serious violation of article 3 common grounds, alongside charges for several
to the four Geneva Conventions sexual and gender-based crimes.88

42 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

WOMEN, PEACE AND SECURITY UPHOLDING HUMAN
AGENDA RIGHTS STANDARDS TO
The ground-breaking resolution ADDRESS GBV IN COMPLEX
1325 adopted by the United Nations
EMERGENCIES
Security Council in 2000 emphasized
the crucial role women play in the International criminal law has gained
peace process and in addressing the a prominent role in addressing GBV in
root causes of conflict-related violence the past 20 years to the extent that it
against women. Subsequently, United may give rise to the perception that it is
Nations Security Council Resolution the main international legal answer to
1820 (2008) recognized, for the first GBV. However, the international criminal
time, conflict-related sexual violence law regime is inextricably intertwined
as a tactic of warfare and as a serious not only with (the earlier developed)
threat to international peace and international humanitarian law, but with
security. The resolution calls for an end international human rights law as well.
to widespread conflict-related sexual Each regime intervenes at a different
violence, establishes accountability of stage of a conflict, and one cannot be
all actors to counter impunity for such applied without the other.91 Indeed, the
crimes and calls on the United Nations protection of women and girls does
to develop appropriate mechanisms to require international humanitarian law
provide protection from violence and during the conflict, international criminal
respond to sexual violence and other law during the peace transition and
forms of violence against civilians. All the international human rights law before
subsequent resolutions on women, peace and after a conflict. However, the clear
and security,89 which taken together delineation between the three disciplines
constitute the Women, Peace and exists only on paper, and when it comes
Security Agenda, establish international to providing an adequate legal response
norms and standards to promote the to GBV, they often overlap.
protection of women during armed
Importantly, a basic provision of the
conflict and their participation in peace
right to access justice for GBV is that the
and security decision-making. A 2019
standards established by CEDAW apply
review of the implementation of these
under all circumstances – in conflict,
resolutions, as it related to the United
post-conflict and peacetime – and
Nations system, identified three key
that other international rules, such as
factors essential for their implementation
international criminal law,92 international
– (1) the degree to which gender
refugee law93 and international
equality, as well as women, peace and
humanitarian law, and the imperatives of
security are consistently prioritized and
the Security Council agenda on women,
sufficiently resourced; (2) the presence
peace and security, are complementary
of accountability mechanisms; and (3)
to the rules of international human rights
the presence and influence of gender
law.94
expertise at senior levels and across
political and technical components, Given the noted overlap of the different
special political missions and other legal regimes applying in complex
United Nations system entities.90 situations, it is essential that all those
operating in fragile situations know that

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 43

the basic requirements of international to justice, women and girls should be
human rights law apply at all times. considered not just as victims of crimes,
Difficult situations, such as pandemics, but as participants and co-creators of
natural disasters or mass migration, do the institutions tasked with vindicating
not provide an excuse for perpetrating their rights. States parties to CEDAW are
harm against women and girls. required to: “Provide effective and timely
remedies and ensure that they respond to
A survivor-centred approach is the key
the different types of violations experienced
thread in understanding the international
by women, as well as adequate reparation,
standards on access to justice for GBV,
and ensure women’s participation in the
in all circumstances, including fragile
design of all reparation programs”, as
situations. The CEDAW Committee has
indicated in General Recommendation 33.95
also recognized that in seeking access

Box 6: Timeline of international and regional standards on GBV

1948: Universal Declaration of Human Rights

1949: The Four Geneva Conventions

1977: Additional Protocols I and II to the Geneva Conventions

1979: United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

1992: CEDAW Committee General Recommendation 19 on gender-based violence

1993: UN General Assembly Declaration on the Elimination of Violence against Women

1994: Inter-American convention on the Prevention, Punishment and Eradication of Violence Against
Women (Belém do Pará)

1995: Beijing Platform for Action

1998: The Rome Statute of the International Criminal Court, Jean-Paul Akayesu Judgement of the
International Criminal Tribunal for Rwanda (ICTR)

1999: Optional Protocol to CEDAW

2000: UN Security Council Resolution 1325 on Women, Peace and Security

2003: Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa
(Maputo Protocol)

2008: UN Security Council Resolution 1820 on conflict-related sexual violence as a tactic of warfare

2009: Landmarkcase on VAW: Gonzalez et al v. Mexico (the Cotton Fields Case)

2011: Council of Europe Convention on Preventing and Combating Violence against Women and Domestic
Violence (Istanbul Convention)

2015: 2030 Agenda for Sustainable Development

2017: CEDAW Committee General Recommendation 35 on gender-based violence against women,

updating GR19

2021: Generation Equality Global Acceleration Plan

44 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

RECENT POLICY example, the promotion of safe and
secure working environments (Target 8.8)
FRAMEWORKS ON ACCESS and the provision of safe public spaces
TO JUSTICE AND GBV: SDGS, and transport (Targets 11.2 and 11.7)
GENERATION EQUALITY AND can reduce sexual harassment, while
registering girls at birth and recording
OUR COMMON AGENDA marriages (Target 16.9) can provide legal
There is a wealth of women’s rights evidence to help prevent child, early and
standards that guide national and local forced marriage.
policies on access to justice and GBV.
Developed with a vision to accelerate
While GBV and access to justice were
progress towards these goals, the
missing from the previous Millennium
Generation Equality Action Coalition on
Development Goals (MDGs), the
Gender-based Violence offers a unique
Sustainable Development Goals (SDGs)
and strategic platform for advancing
provide clear direction for addressing
cross-sectoral efforts to address GBV
GBV and strengthening access to justice.
against women and girls in all their
The SDGs include a clear commitment to
diversity. The Global Acceleration Plan
eliminate the different forms of violence
for Gender Equality97 that was launched
that routinely undermine women’s and
at the Paris Forum in 2021 includes a
girls’ enjoyment of human rights (Targets
clear action plan over five years with
5.2, 5.3, 11.7, 16.1 and 16.2). The 2030
concrete and ambitious targets including
Agenda for Sustainable Development,
“550 million more women and girls
specifically SDG 5.2, identifies the
live in countries with laws and policies
elimination of GBV in the public and
prohibiting all forms of gender-based
private spheres as critical to achieving
violence”, “100 countries have built law
gender equality and the empowerment
enforcement capacity to address gender-
of women, which in turn is essential for
based violence”, “55 more countries have
sustainable development. Eliminating
outlawed child marriage”, and “double
GBV through policy action is critical for
national and international funding to
achieving gender equality as well as
women’s rights organizations, activists and
many of the other commitments reflected
movements working to address gender-
in the 2030 Agenda.96 Eliminating IPV,
based violence against women and girls in
for example, not only contributes to
all their diversity.”
the promotion of healthy lives (Goal
3) but also supports women’s rights Most recently, the United Nations
to work and income security (Goals Secretary-General’s report, Our Common
1 and 8). Likewise, the eradication of Agenda,98 is an agenda of action designed
child, early and forced marriage will to strengthen and accelerate multilateral
not only enhance women’s sexual and agreements, particularly the 2030
reproductive health (Goal 3), but also Agenda, and it develops the commitments
ensure that girls complete primary and made by the United Nations Member
secondary education, a precondition States in the General Assembly
for effective learning outcomes (Goal Declaration on the commemoration of the
4). Conversely, addressing many of the 75th anniversary of the United Nations,
targets across the 2030 Agenda will including to eradicate VAWG and abide by
contribute to the elimination of violence international law and ensure justice.
against women and girls (VAWG). For

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 45

CHAPTER 3: SETTING
THE SCENE – JUSTICE
MECHANISMS
ADDRESSING GBV ACROSS
COMPLEX SITUATIONS
Image Credit: © IDLO
CHAPTER 3: SETTING THE
SCENE – JUSTICE MECHANISMS
ADDRESSING GBV ACROSS
COMPLEX SITUATIONS

This chapter offers brief snapshots of the contexts in which GBV survivors access justice
across six focus countries: Afghanistan, Honduras, Papua New Guinea, the Philippines,
South Sudan and Tunisia. The country snapshots highlight the complex situations that
create layers of challenges to addressing GBV in each country.

AFGHANISTAN 99

Box 7: Afghanistan snapshot

Population 43.5 million people

Languages Afghan Persian or Dari, Pashto, and

several others

Legal system Mixed legal system of civil, customary

and Islamic (sharia) law

Women, Peace and Security Index 170 out of 170

ranking (2021/22)100

Social Institutions and Gender101 Index Very high (53%)

ranking (2019)

Prevalence of physical or sexual IPV 46.1% of women (DHS, 2015)102

over last 12 months

Child marriage 35% of women aged 20 to 24 years were

first married or in union before age 18
(UNICEF global databases 2018)103

Honour killings 280 cases from 2016 to 2017. Fifty of

these cases (18%) resulted in conviction
of the perpetrator and prison sentences
(UNAMA).104

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 47

Afghanistan is a diverse country, with pattern of human rights abuses, such
a variety of cultures, religions and as precluding girls over the age of 10
histories as well as geography shaping from attending school; and harbouring Al
its social and political institutions, Qaeda.108
including the justice system.105 While
After the US-led coalition’s intervention
significant achievements were made
and the fall of the Taliban in 2001, the
in the 2001-2021 period to mitigate
Government of the Islamic Republic of
violence against women and girls,
Afghanistan made important strides
strengthen their access to justice, and
in improving women’s meaningful
improve their meaningful participation
participation in the political, economic,
in the country’s social, economic and
cultural and social life of the country.
political life, VAWG remains one of the
Afghan women activists strongly
most serious human rights challenges
advocated to include Afghan women in
in Afghanistan. Following the fall of the
peace talks to increase protection of
Afghan government in August 2021,
human rights, including women’s human
the future of Afghanistan is in a state
rights.109 At the time of this research,
of uncertainty, particularly relating to
women made up 28 per cent of the
the rights of women and girls. All data
Afghan legislative body—higher than the
collection for this paper was conducted
global average. Women’s involvement in
just prior to this event, and it is unclear to
politics and governance extended well
what degree the Taliban will undermine
beyond Kabul and other urban centres.
the progress made towards gender
International organizations and foreign
equality and reducing GBV, or how willing
aid focused on advancing women’s
they may be to allow international and
empowerment and gender equality
national aid organizations to continue
in Afghanistan. They supported and
some of their work.106
designed initiatives focused specifically
The Taliban emerged in the early on the advancement of women and
1990s in northern Pakistan following encouraged the integration of gender-
the withdrawal of Soviet troops from sensitive programming across the
Afghanistan. By 1998, the Taliban development sector.110 While barriers and
controlled nearly 90 per cent of the challenges remain, including security
country, imposing their own austere concerns, open borders that allow those
version of sharia law.107 At first, the who perpetrate GBV or domestic abuse to
people embraced the changes as the escape prosecution, inadequate funding
Taliban took action to root out corruption to raise public awareness about the
and lawlessness, and commerce rights of women and girls, and the lack of
flourished. However, controversial knowledgeable professional staff across
and harsh measures were introduced governmental institutions to implement
consistent with the Taliban’s strict the full panoply of rights to which women
interpretation of sharia, which caused and girls are entitled, great strides have
national and international outrage. These been made for women and girls over the
included public executions of convicts past 20 years.
and adulterers; cutting off the hands of
thieves; forcing men to grow beards;
requiring women to wear burkas; banning
television, music and movies; a consistent

48 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

Women in Afghanistan experience One form of violence that leads to the
various forms of violence, including murder of women is honour killings,
physical, sexual, economic, verbal and which occur based on dignity and
psychological violence, and violence honour justifications. Justification for
connected to custom and tradition.111 killing in the name of honour typically
In 2019, the United Nation’s Gender is ascribed to the victim having brought
Inequality Index ranked Afghanistan perceived shame to the family, and
170th of 189 countries.112 There are still though men are sometimes victims
pervasive and pronounced differences of honour killings, most victims are
in the treatment of women and girls women and girls. As with other forms
between urban and rural locations, and of violence against women, this type of
between different ethnic populations. violence is often committed with some
Achieving gender equality and women’s degree of approval or collusion from the
empowerment in Afghanistan is a family or community. Purported reasons
complex and challenging endeavour that for honour killing have included being
is more pronounced given the current accused of adultery, becoming pregnant
climate of uncertainty. outside of a marriage, refusing to marry a
partner chosen by one’s family, and even
Afghan women are most likely to face
being a victim of rape.116
violence within their own homes. In
fiscal year 2018, 4,118 cases (94 per cent In Afghanistan, the formal legal
of all cases of VAWG), occurred in the system coexists with customary
survivor’s house.113 Violence within the forms of dispute resolution, which
family is undergirded by pervasive social are most often applied. Insecurity has
norms that justify violence. Forced and seriously affected the ability of the
child marriages are listed among the Afghan justice sector to resolve legal
primary reasons for GBV, domestic abuse disputes and deliver justice outcomes.
and the disenfranchisement of women Due to an environment of constant
and girls’ rights. About one in three girls threat and conflict, the availability of
in Afghanistan will be married before judges and legal professionals, as well
their 18th birthday. Choices about who and as the responsiveness, capacity and
when a girl marries are most often made professionalism of the legal sector is
by male family members,114 and forced/ severely undermined.117
child marriage leaves girls vulnerable to
Religious doctrine may be incorporated
IPV. The custom of giving away girls for
into the justice system and can be
dispute resolution, known as baad,115 is
detrimental to survivors seeking justice.
another harmful practice that remains
In Afghanistan, sharia law influences
widespread throughout Afghanistan.
the justice system, including legislation
Although the law had criminalized baad,
and its interpretation. Sharia is the code
it is still a method used between the GBV
of law derived from the Holy Quran
perpetrators’ family and the victims.
and the teachings and examples of the
Prophet Mohammed. Under the Taliban,
the interpretation of sharia has meant

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 49

harsh punishments and human rights courts. Sharia law and principles can be
abuses. Application of sharia law offers applied provided there is no conflict with
further complexities in seeking justice, relevant human rights provisions.
such as the unequal standing of women
compared to men before the sharia

HONDURAS

Box 8: Honduras snapshot

Population 9.90 million118

Languages Spanish, Amerindian dialects

Legal system Civil law system

Women, Peace and Security Index 104 out of 170

ranking (2021/22)

Social Institutions and Gender Index Low (22%)

ranking (2019)

Prevalence of physical or sexual IPV 14% of women119

over last 12 months

Prevalence of physical or sexual IPV 26% of women120

over lifetime

Femicide 6.2 per 100,000 habitants121

Organized crime-related violence 52% of reported femicides linked to

organized crime122

50 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

Honduras reflects a complex and smugglers (mulas), small-scale drug
unstable context, marked by violence sellers (narco-menudeo) or lookouts
and corruption and infiltrated by (halcones), the majority of gang members
organized crime networks. The are men and the leadership of organized
population is highly polarized, with an crime is in the hands of men.130
elected government whose legitimacy is
The increase in forced displacement
contested. A coup d’état in 2009 has led to
is linked to community violence and
the erosion of democracy and increased
organized crime. According to OXFAM
levels of corruption.123 During the
most people flee urban violence,
national elections in 2017, the incumbent
fuelled by the dispute over territory
President was re-elected for a four-
between gangs or maras, the presence
year term amid widespread allegations
of organized crime, extortion, threats,
of fraud.124 Massive civil protests were
forced recruitment, sexual violence,
quashed by police violence.125 The socio-
and insecurity in their communities.131
political crisis exacerbated the levels
The most vulnerable populations in
of social conflict, state repression,
these cases are boys, girls, women,
organized crime and forced migration,
older adults, truck drivers, the LGBTI
as well as VAWG, including femicide. In
community, journalists and human rights
2018, Honduras ranked 146 out of 180
defenders.
countries for its levels of corruption126
—with a cost to the country estimated at According to the Mesoamerican Initiative
12.5 per cent of GDP.127 of Human Rights Defenders (IM-
Defensoras),132 rather than improving
Organized crime has permeated
citizen security, the heightened military
all levels of society in Honduras.
and police presence, as well as the
This has had a significant impact on
forced displacement of populations for
socioeconomic development and erosion
the exploitation of natural resources and
of the rule of law. Organized crime in
megaprojects, had led to widespread
Honduras largely consists of gangs
abuses, physical attacks and violation
and groups related to drug trafficking,
of women’s human rights. During the
with as much as 80 per cent of the
decade after the 2009 coup d’état, women
drugs that move from South America to
human rights defenders denounced state
Mexico and the United States passing
persecution133 using anti-drug laws.134
through Honduras.128 The gangs typically
operate by controlling well-demarcated Honduras has one of the highest
territories, terrorizing the civilian rates of violent crime in the world,
population through extortion, violence, among countries where war has not
threats of violence, kidnapping and drug been declared.135 In 2019, homicides
sales. An expansion of the power of gangs continued to be the main cause of death
can be seen in the combination of illegal in Honduras by external causes, with
activities with legal companies, through a rate of 44.7 per 100,000 habitants for
alliances with political actors, association that year,136 many times greater than
in licit and illicit businesses, or occupying the global average rate of 8.8, and more
positions of power, undermining than double the regional rate of 19.1 per
democratic governance.129 Although some 100,000 137.
women are actively involved in organized
crime, either as members of gangs, drug

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 51

Honduras also has the highest femicide Access to justice for GBV survivors in
rate in the world. In 2019, the femicide138 Honduras is complicated by widespread
rate was 6.2 per 100,000 habitants, impunity. The Inter-American
the highest rate in the region and the Commission on Human Rights noted
world.139 Notably, Honduras includes that critical levels of impunity plague
“links to organized crime” as a potential Honduras and that care for victims
classification for femicide, since the and their families is insufficient and
2020 penal code reform. According to inadequate.145 The lack of access to
the Violence Observatory of the National justice has the effect of perpetuating
University of Honduras, 52 per cent and, in some instances, favouring the
of reported femicides in 2019 were repetition of serious human rights
linked to organized crime, defined as violations. There is a sense of a “selective
murders by hitmen or gang members, justice” that acts late without offering
revenge killings and kidnapping, or in an effective response to human rights
the context of extortion, drug trafficking violations. On the other hand, it favours
and trafficking of persons.140 However, the interests of various actors linked
this is likely an under-estimate, due to the public, political and business
to the high proportion (14 per cent in power.146
2019) of murders of women for which
A new penal code was passed and
no information is available.141 In many
entered into force in 2020,147 which
of these cases, the women were not
included some improvements in the
active participants in the crime, but
framing of GBV, discussed in the
were witnesses of criminal acts, or were
following sections. However, the penal
romantic partners or family members
code was widely criticized for lack of
of men who were part of these criminal
transparency and consultation with civil
networks. Although femicides are the
society. The new law reduces penalties
most extreme form of violence faced by
for several corruption-related offences,
women in Honduras, they represent only
including embezzlement, influence
the tip of the iceberg in terms of the scale
peddling, obstruction of justice and
and scope of GBV against women.
bribery. The law is also retroactive and
Honduran women and girls also face would benefit those already convicted
sexual and physical assaults, domestic or facing prosecution.148 Most notably, it
violence, forced migration, child sex reduces, and in some cases, eliminates
abuse and human trafficking and carceral penalties for the crimes
smuggling.142 In addition to available of extortion, kidnapping and drug
DHS data, a study conducted in 2017 in trafficking, exacerbating citizen mistrust
the Western region of Honduras by the in the justice system.
Global Women’s Institute found a high
lifetime prevalence of physical or sexual
IPV: 26 per cent, with 14 per cent of
women experiencing IPV in the 12 months
prior to the survey.143 This is similar to
the regional and global averages of IPV
prevalence of 26–28 per cent.144

52 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

PAPUA NEW GUINEA

Box 8: Honduras snapshot

Population 8.95 million

Languages Tok Pisin, English, Hiri Motu, and

approximately 839 indigenous languages
spoken

Legal system Mixed legal system based on English

common law and customary law

Women, Peace and Security Index 145 out of 170

ranking (2021/22)

Social Institutions and Gender Index N/A

ranking (2019)

Prevalence of physical or sexual IPV 47.6% of women (DHS, 2016–2018)

over last 12 months

Prevalence of physical or sexual IPV 58% of women aged 15 to 49 years (DHS,

over lifetime 2016–2018)

Sorcery accusation related violence Of 1,553 sorcery accusations in four PNG

(SARV) hotspot provinces, 298 (29%) involved
physical violence, leading to 86 victims
suffering permanent injury, 141 suffering
serious harm, and 65 deaths149

Papua New Guinea is one of the most of delivering services to a diverse,

culturally and linguistically diverse dispersed, mostly rural population
countries globally, with over 1,000 spread over 600 islands, with limited
tribes and over 800 languages. PNG access to many parts of the country, high
consists of four regions divided into 22 logistical costs, and supply management
provinces, including the National Capital complications.151 In the past few years, a
District (NCD) and the Autonomous process of greater decentralization of the
Region of Bougainville (ARB), which has Government has taken place. Although
been affected by civil war (1988–1999), funded largely from the national budget,
locally referred to as “the Crisis”. Most this decentralized system is complex,
of the population lives in rural and very with multiple tiers of government and
remote areas, with only 15 per cent of administration, leading to variations in
the population living in urban areas.150 provinces concerning their approach to
PNG faces the complex challenge GBV.

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 53

PNG’s ranking on the UNDP Human Sorcery accusation related violence is
Development Index and the Gender an extreme form of violence with little
Inequality Index reflect high inequalities to no avenues for support or justice for
in women’s reproductive health, survivors. SARV is a serious problem in
education, political participation and PNG that affects people of all genders,
labour force participation. Women ages, locations and education levels.
are largely absent from political and While the rate and magnitude of SARV is
administrative governance. Historically, difficult to quantify due to the secrecy and
only seven women have ever been elected fear surrounding it, a multi-year mixed-
to Parliament, and there are currently methods research project recorded
no women in Parliament.152 Cultural 1,553 sorcery accusations in four PNG
and structural factors limit women’s hotspot provinces between January
ability to participate in politics and hold 2016 and June 2020. Of these, 298 (29
office. Other decision-making structures, per cent) involved physical violence,
including customary, religious and private leading to 86 victims suffering permanent
arenas, are also male-dominated. injury, 141 suffering serious harm, and
65 deaths.159 Those accused of SARV
Levels of GBV in PNG are of epidemic
suffer harm ranging from stigmatization,
proportions and considered among the
discrimination and expulsion from
highest in the world. Although there has
families and communities, to extreme
been no national GBV prevalence survey
violence, including beatings, cutting of
conducted in PNG to date, numerous
body parts, torture and killings. Most
studies provide insight into the high
of these incidents occur in public, are
rates of violence women and girls in PNG
perpetrated by large groups, and have the
experience throughout their lifetime.
support of the community behind them,
Results from the Demographic Health
which makes stopping the escalation
Survey (DHS) 2016–18 revealed that
of violence extremely difficult once it
58 per cent of all women aged 15–49
has begun. COVID-19 has compounded
experienced physical and/or sexual
the complexities associated with SARV
violence by an intimate partner in their
accusations because unusual kinds of
lifetime.153 In another survey, two out of
deaths and illnesses, such as those
three women surveyed in four provinces
caused by COVID-19 and HIV/AIDS, are
reported experiencing domestic
major triggers of sorcery accusations.160
violence.154 In ARB, a post-conflict setting,
a population-based study showed that at While SARV in and of itself is not GBV,
least 68 per cent of women experienced there are clear gendered differences in
physical and/or sexual IPV in their the types of violence endured by women
lifetime.155 This is double the global and men. Women survivors are more
average.156 The World Bank also ranks likely to be stripped of their clothing,
PNG as one of the worst countries in sexually violated and tortured, while men
the world for sexual violence157 with 28 survivors are more likely to be cut up or
per cent of women aged 15–49 having killed with a bush knife. The gendered
experienced sexual violence by anyone in aspect of SARV also varies greatly by
their lifetime.158 geographical location. For example,
in Bougainville, men (84 per cent) are
mainly accused of sorcery, while in
Enga, women (93 per cent) are primarily

54 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

accused of sorcery.161 In addition to Violence is considered to be an inevitable
having a history of SARV, during the part of life for many women and girls in
Crisis, the Bougainville Revolution PNG. Accessing justice in this complex
Army made a call to identify and harm cultural, geographical and structural
sorcerers. This belief has persisted post- context can be highly challenging for
conflict and SARV remains prevalent in survivors of violence. However, emerging
certain parts of Bougainville. Given the evidence shows that access to justice
geographical and gender variation of and support services for women are
SARV, it is important to look at the issue increasing in PNG and that violence can
not only from a gender lens but also from be prevented, even in these challenging
an intersectionality lens that takes into circumstances.
account the various interlocking social
positions at the root of SARV.

In PNG, GBV is deeply rooted in harmful

social and gender norms, such as bride
price and polygamy, which occur in the
context of the complex kinship system.
Within this system, GBV is fuelled by
social norms around communal rather
than individual accountability alongside
a culture of retribution between different
tribal groups. People are hesitant to
report violence because it is seen as
a family matter that must be resolved
within the accepted customary system.
This becomes particularly salient in
marriages where the husband’s family
pays a bride price to the bride’s family.
Bride price is an important cultural
tradition seen as a way of joining
families through gifts such as pigs,
shells, fruits and vegetables. However,
with exposure to Western, consumer
culture, increasingly large amounts
of cash and manufactured goods are
being exchanged. Furthermore, since
bride price is paid through communal
contributions, women are sometimes
considered to belong not only to their
husband but to his entire family.162

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 55

PHILIPPINES

Box 10: The Philippines snapshot

Population 109.58 million163

Languages Filipino (based on Tagalog) and English

are widely spoken. The eight major
languages are: Tagalog, Cebuano,
Ilocano, Hiligaynon or Ilonggo, Bicol,
Waray, Pampango and Pangasinan

Legal system Mixed legal system of civil, common,

Islamic (sharia), and customary law

Women, Peace and Security Index 61 out of 170

ranking (2021/22)

Social Institutions and Gender Index Very high (53%)

ranking (2019)

Prevalence of physical or sexual IPV 5.5% of women (DHS 2017 164)

over last 12 months

Prevalence of physical, sexual or 26% of married women aged 15 to 49

emotional IPV over lifetime years (DHS 2017)

Child marriage 15% of women aged 20 to 24 years were

first married or in union before age 18
(UNICEF global databases 2018)

The Philippines is an archipelago in based sustainable development.166 On

Southeast Asia on the frontlines of the other hand, the National Climate
global climate change. In addressing Change Action Plan 2011–2028
these issues, executive issuances related identifies gender mainstreaming as a
to disasters have included human cross-cutting action […] highlighted in
rights and gender as considerations research and development, including
in programming. The 2011 National the “conduct of gendered vulnerability
Disaster Risk Reduction and Management and adaptation assessments,” planning
Framework promotes community and policy making, knowledge and
participation, inclusiveness and gender capacity development, and enhancing
equity.165 Similarly, the National Disaster women’s participation in climate change
Risk Reduction and Management adaptation.167
Plan 2011–2028 aims to contribute
to gender-responsive and rights-

56 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

While the Philippines ranks fairly well volcanic eruptions.173 And even during
in the Global Gender Gap Report of the these calamities and disasters, incidents
World Economic Forum (ranking 17th of GBV are not abated. In 2012, after
in the 2021 report), is a State Party to Typhoon Pablo, there was an increase
various international conventions and in reported GBV cases, including from
treaties that seek to eliminate GBV, those who engaged in commercial sex
and has a robust set of domestic laws work.174 When Super Typhoon Haiyan hit
that address GBV cases, many Filipino the Philippines in 2013, “[w]omen bartered
women and girls continue to experience sex for food and water, and sex traffickers
various forms of GBV. The 2017 National easily tempted young girls with promises
Demographic and Health Survey of the of employment.”175 The situation in
Philippine Statistics Authority shows that evacuation centres, such as overcrowding
26 per cent of married women aged 15 and poorly-lit areas, makes women and
to 49 years experienced physical, sexual girls more vulnerable to sexual violence.
or emotional violence committed by Moreover, the limited presence of female
their husband or partner. The Philippine law enforcement officers in evacuation
Statistics Authority adds that 20 per areas may deter the victims of GBV
cent of women experienced emotional from reporting, thus affecting women’s
violence; 14 per cent physical violence; access to justice.176 A 2018 study of the
and 5 per cent sexual violence in an International Federation of the Red
intimate relationship.168 Cross and Red Crescent Societies shows
women and girls are distressed by these
Other forms of violence, such as sexual
factors after disasters: early marriage,
exploitation, rape, physical injuries and
domestic violence, sexual harassment,
trafficking in persons increased in the
trafficking, rape and domestic violence.177
Philippines from 2018 to 2019.169 Cases
of sexual exploitation increased by 55.2 GBV is one of many variables that
per cent (143 to 222 cases); rape cases demonstrate how climate change
by 30.6 per cent (1,656 to 2,162); and and disaster are not gender-neutral
physical injuries cases by 15.1 per cent events. While everyone is affected by
(14,116 to 16,251 cases).170 Incidences of calamities and disasters, women and
trafficking in women also increased by other vulnerable groups tend to suffer
66.7 per cent (from 252 to 420 victims) more because of their circumstances
within the same time frame.171 Despite and situations.178 Thus, there is a need
this, the Philippines maintained its Tier 1 to increase women’s participation
placement in the Trafficking in Persons and mainstream a gendered and
Report of the US Department of State in intersectional approach in the disaster
2020.172 risk reduction and management
discourse, including policymaking and
The vulnerabilities of GBV survivors are
programming.
heightened and their access to justice
is hindered in post-disaster scenarios.
Disasters and calamities are not new
phenomena to the Philippines. Being
located both in the typhoon belt and the
Pacific Ring of Fire, the country is visited
by an average of 20 typhoons annually
and is likewise prone to earthquakes and

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 57

SOUTH SUDAN

Box 11: South Sudan snapshot

Population 11.19 million

Languages English, Arabic (includes Juba and

Sudanese variants), regional languages
include Dinka, Nuer, Bari, Zande and
Shilluk

Legal system Mixed legal system of civil and

customary law

Women, Peace and Security Index 165 out of 170

ranking (2021/22)

Social Institutions and Gender Index N/A

ranking (2019)

Prevalence of physical or sexual IPV 49% of ever-partnered women179

over last 12 months

Prevalence of physical, sexual or 73% of ever-partnered women180

emotional IPV over lifetime

Non-partner sexual violence (including 1 in 3 women surveyed (60% of these

by armed actors) cases prior to age 18)

South Sudan has been plagued by ethnic tribes in South Sudan (Nuer and
decades of layered political, ethnic and Dinka, respectively). The 2013 political
intercommunal conflicts. Following a conflict exacerbated pre-existing ethnic
civil war with Sudan, a comprehensive tensions throughout the country,182 and
peace agreement was signed in 2005, while the civil war formally ceased
which ended the conflict and paved the with the signing of a peace agreement
way for South Sudanese independence in August 2015, political and ethnic
in 2011.181 Since gaining independence, tensions have persisted since then.183 The
South Sudan has been marked by ongoing fighting and instability have killed tens of
conflicts related to political and ethnic thousands and displaced over a million
divisions, including a bloody civil war people from their homes, including
that erupted in December 2013. The 400,000 who have fled to neighbouring
2013 civil conflict arose from political countries.184 In September 2018, a new
disagreements between the nation’s first peace agreement, “Revitalized Agreement
president, Salva Kiir, and former vice on Resolving the Conflict in South Sudan”,
president and primary opposition leader or R-ARCSS, was signed that laid
Riek Machar, who represented different the groundwork for a power-sharing

58 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

agreement between the government having trouble meeting the basic needs
(led by Kiir) and the opposition (led of South Sudanese people.189 About 51
by Machar). This agreement aimed per cent of the population lives below the
to stabilize the security landscape poverty line, and over half the population
and normalize the political situation is currently experiencing hunger.190
in the country, return and resettle
Women and girls in South Sudan
South Sudanese people displaced by
experience high rates of violence across
the conflicts, and allow for greater
the course of their lives, exacerbated
humanitarian support over a two-year
by the conflict. Women and girls suffer
period.185
many forms of GBV throughout their
Intercommunal conflicts have added lives, starting from the time they are very
an additional layer of violence and young. According to a mixed methods
instability in South Sudan, especially study conducted in 2016 in three sites
for women and girls. Cattle, which have particularly affected by the conflicts, 65
historically been a symbol of wealth and per cent of women and girls experienced
status in South Sudanese society, are physical or sexual violence over the
at the centre of most intercommunal course of their lifetimes. One in three
conflicts. Cattle are used as currency women surveyed experienced sexual
and to formalize social bonds, including violence from a non-partner, including
through marriage, as cows are commonly armed actors, and 60 per cent of the
used to pay bride price. Intercommunal cases occurred before the age of 18.
cattle raids have been a feature of life These rates of GBV are among the
in South Sudan for years. However, highest in the world.191
they are exacerbated in times of armed
Intimate partner violence is the most
conflict and insecurity as a means of
common form of GBV in South Sudan.
regaining economic footing. Cattle raids
Despite the extremely high occurrence of
often trigger a harmful cycle of revenge
rape by non-partners, women and girls
attacks, which can include the killing,
experience more violence by intimate
rape and abduction of women and girls.186
partners than by anyone else. In the GWI
Protracted conflict and global economic study, as many as 73 per cent of ever-
trends have had a detrimental impact on partnered women reported experiences
the South Sudanese social and economic of physical or sexual IPV, and 49 per cent
fabric. The drop in global oil prices experienced IPV during the 12 months
has also hurt the economy, decreased prior to the survey.192 Another nationally
funding for the effective implementation representative study found that 45 per
of the R-ARCSS, and eroded the political, cent of women experienced physical IPV
social and educational institutions that during the previous 12 months.193 All
offer key services to the population.187 forms of GBV, including IPV, have been
This includes access to justice for exacerbated by the conflict conditions.
GBV survivors, as the weakening Other harmful, patriarchal practices
of justice institutions has made the (such as child and forced marriage, wife
South Sudanese government unable inheritance and polygamy) have created
to guarantee the rule of law.188 Food discriminatory conditions for increased
insecurity remains an urgent problem in GBV against women and girls.194 GBV has
South Sudan, and humanitarian actors also had a significantly negative economic
(such as the World Food Program) are impact on South Sudan, including an

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 59

estimated loss of productivity of 8 million made it less likely that perpetrators are
days of women’s labour (about 6 per cent held accountable in South Sudan. Key
of total women’s labour force).195 informants report that many of the same
actors who are now enforcing justice
Conflict-related sexual violence by
through the formal system committed
armed actors has increased in South
acts of GBV during the conflict, which
Sudan, particularly since the outbreak
may contribute to hindering survivors’
of conflict in 2013. Violence committed
trust in the formal justice system. Very
against women and girls by armed actors
few GBV perpetrators have faced any
has included rape, gang rape, abduction,
sort of meaningful accountability through
killing of women, sexual slavery and
the formal justice system, further dis-
forced abortion. Although sexual violence
incentivizing survivors to report.
has threatened women’s lives during
the many decades of conflict that South
Sudan has endured, many experts feel
that it has worsened during the most
recent crisis. Further, rape, abduction
and killing of women and girls also
take place during intercommunal cattle
raids.196

The justice system in South Sudan

operates on two tracks: the formal and
customary systems. The formal system
is guided primarily by the 2011 South
Sudan Transitional Constitution, which
came into force upon independence, and
the customary system is implemented
by the local courts, known as “Boma
Courts”, and (primarily male) Boma
chiefs. The Transitional Constitution
acknowledges “the customs and
traditions of the people” in addition to
the constitution as legitimate legal
frameworks, creating some tension
and confusion in the application of
law.197 Justice for GBV survivors is most
frequently accessed at the local level
through the customary system. The
customary laws vary by community but
tend to focus more on restoring and
maintaining peace within a community
rather than ensuring accountability
for perpetrators or protecting victims.
The weakening of the rule of law as a
result of the conflict and crises, and a
culture of impunity around violence have

60 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

TUNISIA

Box 12: Tunisia snapshot

Population 11.82 million

Languages Arabic, French, Berber (Tamazight)

Legal system Legal system of civil law, based on the

French civil code

Women, Peace and Security (WPS) 117 out of 170

Index ranking (2021/22)

Social Institutions and Gender Index High (48%)

ranking (2019)

Prevalence of physical or sexual IPV 10% (WHO 2018 198)

over last 12 months

Prevalence of physical or sexual IPV 47% of women199

over lifetime

Child marriage 2% of women aged 20 to 24 years were

first married or in union before age 18
(UNICEF global databases, 2018)

Tunisia is a country in the MENA region, the adoption of the Personal Status Code
currently undergoing a democratic in 1959. An expanded notion of equality is
transition.200 The Tunisian revolution enshrined in the 2014 Constitution, article
(sometimes called the “Jasmine 46: “The State commits to protect women’s
Revolution” or “Revolution of Dignity”) accrued rights and work to strengthen and
lasted four weeks, between December develop those rights. The State works to
2010 and January 2011, and led to achieve parity between men and women
the departure of the President of the in elected councils. The State is taking the
Republic of Tunisia, Zine el-Abidine Ben necessary measures to eradicate violence
Ali, who had been in office since 1987. The against women”.
transition led to the establishment of a
The promotion and protection of human
constitution adopted on 26 January 2014,
rights in general and of women’s human
which has recently been superseded by
rights in particular constitute essential
a new constitution in 2022. Tunisia does
elements of the Tunisian Government’s
not apply Islamic sharia or traditions. Its
political aims. The Government strives to
law is exclusively positive. Tunisia is the
promote itself amongst the international
only Arab Islamic State in which equality
community as a modern State respectful
between men and women has been
of fundamental freedoms and rights,201
granted in personal status matters, since

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 61

and Tunisia is viewed as a relatively Tunisian organizations and associations
advanced country in terms of women’s have been created to denounce
rights.202 Tunisia is currently ranked 123rd violence against women and call on
on the Global Gender Gap Index of 2014 public authorities to act urgently on
according to the World Economic Forum GBV. National organizations work with
and is therefore one of the highest- international NGOs and multilateral/
ranking countries in the Arab world. donor organizations to advance women’s
rights and protection from GBV. Civil
In spite of this progress, gender
society associations and organizations
inequalities persist in Tunisian law and
have called for adopting an approach
society. Violence against women is a
based on prevention and human rights
critical problem: nearly 50 per cent of
education, and stress that violence
Tunisian women have been subjected
against women is a matter of national
to domestic violence and abuse during
security, believing that statistics are
their lifetime, and nearly 80 per cent have
insufficient and that the State and civil
been victims of sexual harassment in
society must take urgent measures to
public spaces.203 Patriarchal attitudes and
protect the victims and obtain justice.205
practices contribute to inequality between
men and women, weakening access
to justice for GBV survivors. Women
face indifference or gender bias and
stereotyping by State authorities such
as the police and the judiciary during the
investigation of crimes committed against
them. The rudimentary infrastructure
of courts and justice structures, a
bureaucracy resulting in slow responses
to litigants’ concerns, and women’s lack
of awareness of their own rights impede
access to justice. The traditional denial
of women’s autonomy to make decisions
about their lives, their lack of access to
education and information about rights,
their minimal participation in decision-
making, and lack of access to property,
land and equal work opportunities are
all factors contributing to the so-called
feminization of poverty and consequently,
to women’s lack of access to justice.204
In addition, society has a negative
perception of a woman who brings her
husband to justice.

62 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

CHAPTER 4: LEGAL
FRAMEWORKS TO
ADDRESS GBV
Image Credit: © IDLO
CHAPTER 4: LEGAL
FRAMEWORKS TO ADDRESS GBV

The 2021 Women, Business and Law in legal frameworks, hindering

Report found that about about three comprehensive legal protection for GBV
quarters of the world’s countries had survivors.
instituted good practice legislation on
This chapter explores global approaches
gender equality.206 Nearly every country
to GBV legal reform, including examples
in the world (183) addresses protection
from focus countries in which legislation
from violence within their constitutions.207
is advocated for, blocked or passed
The most frequent law reform to against a backdrop of complexity.
address GBV has been in the area of
domestic violence, followed by sexual
harassment.208 There has also been GLOBAL OVERVIEW OF
important progress at national levels to APPROACHES TO GBV LEGAL
enforce accountability for perpetrators REFORM
of sexual violence, including during
conflict or post conflict situations. Most Constitutional provisions on equality and
countries have adopted 18 as the legal non-discrimination provide the foundation
age of marriage for girls, although many for all laws on GBV. Constitutional reform
countries allow marriage at an earlier processes offer an opportunity not only
age with parental or judicial consent.209 to include specific provisions on GBV that
It is estimated that at least 59 countries are based on international and regional
have enacted laws against female genital standards, but also to build a visible
mutilation,210 and nearly every country in public platform for reform and advocacy
the world has laws to criminalize human around gender equality and GBV.215
trafficking.211 While legislative reform is a significant
achievement, it is only a first step in the
However, the legislative fight to protect long process of ensuring justice for GBV
women and girls from other forms of survivors.
GBV has been slower. Emerging forms
of violence (such as cyber harassment
and cyberstalking) have yet to be
comprehensively addressed globally,212
and though violence against women
in politics is pervasive and growing,213
laws are slow to address this form of
violence. Significant challenges remain
in the effective implementation of laws,
often due to lack of political will and/or
resources.214 Moreover, discriminatory
standards can be deeply entrenched

64 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

 Law reform to address GBV is often 4. Strategic litigation to set precedent on
pursued through the following four GBV
mechanisms:
In addition to legal reform, effective
1. Revising criminal law to include implementation of key legal provisions
offences related to GBV is crucially important. Informants
across focus country contexts reported
2. Reforming existing civil and family
challenges in the implementation of
laws to reduce discrimination against
existing laws. Failure to apply existing
women and girls and strengthen
laws can serve as a barrier to justice for
women’s rights within the family
GBV survivors, just as the absence of
3. Enacting special laws on violence critical GBV legislation.
against women

Box 13: Overview of key legal provisions and policies on GBV in six countries

Afghanistan
(before 15 Honduras PNG Philippines South Sudan Tunisia
August 2021)

Special GBV law Yes Yes Yes Yes No Yes

Legal age 16 for girls 18 16 for girls 18 Ambiguous 17 for girls

of marriage and
18 for boys 18 for boys (though parental 20 for boys
unevenly
consent is
enforced
required from
ages 18 to 21,
and parental
advice required
between the
ages of 21 to 25)

Marital No Yes Yes Yes No No 216

rape
criminalized

National Yes Yes Yes Yes Yes Yes

action plan
(WPS that (WPS that
on GBV
includes GBV) includes GBV)

Ratified CEDAW Yes Yes Yes Yes Yes Yes

Ratified Yes Yes Yes Yes Yes Yes

Convention
on the
Rights of
the Child

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 65

REVISING CRIMINAL LAWS amendments to the criminal code and
Evidence Act in 2003, PNG has defined
Following the signing of international marital rape as a sexual offence along
agreements and fervent advocacy by with several types of offences (based on
feminist movements, many countries the victim’s age and the type of violence),
have revised their criminal laws to and increased maximum punishments for
introduce offences related to GBV and perpetrators.223
amend procedural and evidentiary rules
to be more responsive to the needs Despite the progress made, criminal
of survivors and reduce secondary justice responses to GBV have not been
victimization by the justice system.217 Of adequate. In many low- and middle-
note is the United Nations updated “Model income countries, penal codes do not
Strategies and Practical Measures on the criminalize certain forms of physical
Elimination of Violence against Women in or sexual violence such as domestic
the Field of Crime Prevention and Criminal violence or marital rape,224 and
Justice”, which provides guidance on discriminatory provisions and gaps in
survivor-centred justice responses.218 criminal frameworks exist across all
focus countries.
Recent promising approaches from
around the world include: In South Sudan, the Transitional
Constitution of 2011 currently lacks
• A growing number of States changing specificity around which acts of GBV are
their definition of rape to include lack crimes, leaving a vacuum of ambiguity for
of consent as a constitutive element, survivors’ legal recourse.
rather than linking rape to the use of
force or threats of violence (examples In Honduras, although the new penal
include Germany, Morocco)219 code made some improvements in
how VAWG and gender inequality are
• Elimination of “marry your rapist” addressed, the process of drafting and
provisions (Jordan, Tunisia)220 approval of the new code was widely
• Protection to survivors during criminal criticized for its lack of transparency or
proceedings (e.g., allowing in camera engagement with civil society. According
proceedings, physical separation to a Honduran human rights expert
of survivors and perpetrators in interviewed:
the waiting areas and during court
proceedings, ensuring survivors “During the penal code reform
provide testimony only as many process there was no consultation
times as is necessary, barring media with civil society, despite the fact that
coverage of rape trials)221 we presented many proposals, as
In Honduras, a new penal code entered did the Inter-American Commission
into force in 2020. The penal code focuses [on Human Rights], the Office of the
on domestic violence and other forms United Nations High Commissioner for
of violence that disproportionately or Human Rights, and the National Anti-
exclusively affect women and girls, Corruption Council. The general part is
including human trafficking, sexual very good, and is a great improvement
exploitation and femicide.222 Through over the previous one, including
incorporating a gender perspective in

66 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

 pregnancy or disability of the victims;
the delivery of justice, which I think is and 3) in cases of femicide against trans
great. But when it comes to sentencing women.226 The new Honduran penal code
guidelines for crimes, you find that includes other retrogressive provisions
they reduced penalties and increased that harm women. Importantly, abortion
benefits for cases of corruption, drug remains criminalized in Honduras,227
trafficking, and sexual crimes. That, including in cases of rape and risk to the
in a country where there is a serious mother’s life. Hate crimes against the
problem of impunity with femicides LGBTQI+ community were eliminated,
and sexual violence against women and provisions that criminalize social
and girls.” protest and freedom of assembly and
- Key informant from a Honduran association were introduced.228
CSO In Tunisia, marital rape remains a
taboo, and is inadequately addressed by
the law. Article 227 of the Penal Code
The Honduran penal code includes the
punishes rape “severely”, but it does not
discriminatory provision of estupro.
explicitly criminalize marital rape. Some
Estupro is committed in two possible
provisions of the Tunisian penal code are
ways: 1) non-consensual sexual assault
not aligned to international standards,
against a person between the ages of 14
such as punishing women for adultery if
and 18; and 2) carnal access that occurs
they are unable to prove rape, treating
through deception or taking advantage
sexual violence as a private offence or an
of a situation of manifest superiority.
issue of morality, allowing perpetrators
Estupro is included in the aggravating
to escape prosecution by marrying
circumstances of the crime of rape.
the survivor, and invoking “honour”,
Therefore, there is a risk that acts
“provocation” or voluntary intoxication to
constituting both the crime of estupro
escape criminal liability. Evidentiary laws
and rape with aggravating circumstances
may limit access to justice for women
could be prosecuted only for estupro,
by placing higher burdens of proof on
which would incur much lower penalties
them or reducing the value of their
than rape. This means that adolescent
testimony.229 Gaps in the criminal justice
victims of rape do not have the same
response lead to under-reporting of GBV
protections as adult women or young
offences, and even if reported, they are
girls, because estupro may be resolved
less likely to end in conviction.230
civilly through the payment of fines.
Women’s rights activists have proposed In Afghanistan, though the recent
that estupro should be considered as a penal code of 2018 called for sexual
special case of rape, with a punishment equality before the law and includes
of custodial sentences and fines.225 punishments for rape and harassment,
key discriminatory provisions still exist.
The crime of femicide also omits the
Zina, or having sex outside of marriage,
recommendations of feminist and
is criminalized both for men and women
LGBTQI+ rights defenders, including
and is penalized with imprisonment. In
aggravated responsibility 1) when
some extreme cases, both parties are
the perpetrator is a public official or
killed to alleviate shame for the families.
employee who commits the crime by
As in rape cases, zina is sometimes
abusing their authority; 2) in the case of
addressed through baad (the giving of a

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 67

girl or woman to the family of a crime REFORMING CIVIL AND FAMILY
victim) or a survivor being forced to marry LAWS TO ADDRESS GBV
her perpetrator. This dynamic makes
women reluctant to report rape for fear While a strong criminal framework to
they will be accused of zina. Marital rape, protect women and girls from violence is
honour killing, femicide and revenge- essential and often the focus of reform,
related violence are not criminalized civil and family laws must be reformed to
in the new penal code. Informants adequately address GBV and be free from
highlighted a societal sentiment that discriminatory provisions. For instance,
these cases are expected to be resolved in cases of domestic violence in marital
within families: relationships, criminal sanctions may
not be enough to ensure the safety and
well-being of women, focused as they
“No, marital rape is not recognized, are on penalizing perpetrators. Women
when a survivor tries to report marital in such situations express more need
rape, the response will be that we for assistance with divorce, division of
don’t need to interfere in the marriage matrimonial property, child custody/
life of two persons.” support—which together make it more
possible to leave violent spouses.232
- Key informant working at a CSO in
Afghanistan There have been some advances
in reforming civil and family laws.
Legislative reform has been undertaken
When Afghan women or girls were worldwide to equalize rights on divorce,
accused of “moral crimes” like zina, they control over marital property, child
were sent to government doctors for custody and maintenance, raise the
so-called “virginity tests”. Article 640 of minimum age of marriage to 18 and
the new penal code criminalizes virginity legally recognize customary marriages.
tests except under circumstances In 2009, the Philippines enacted the
where the victim has given consent Magna Carta of Women (Republic Act
to a gynaecological examination for No. 9710) as the embodiment of the
evidentiary purposes or there is a court Philippines’ commitment to localize
order. However, a 2020 study conducted CEDAW. The Magna Carta of Women
by the AIHRC shows that nearly all cases reaffirms the obligations of the State
of virginity testing did not meet these as the primary duty-bearer to ensure
criteria. Thus, there appears to be a women are protected from discrimination
discrepancy between what is written in and all forms of violence. The document
the law and what is done in practice.231 distributes responsibility by designating
the Philippine Commission on Women
as the primary policymaking and
coordinating body working on women
and gender equality concerns, and
the Commission for Human Rights in
the Philippines (CHRP) as the gender
and development ombud to work with
the Philippine Commission on Women
and other state agencies to monitor

68 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

compliance with the law. The law also Prior to the Taliban takeover in 2021,
directs all barangay (smallest local Afghan civil law had been developed
government unit) to establish a Violence based on sharia (law derived from the
Against Women Desk to ensure that Quran), which tends to discriminate
violence against women cases are against women and girls in matters of
addressed in a gender-responsive marriage, divorce and child custody. At
manner.233 the time of this research, a new Family
Law had been drafted (though not yet
However, progress in eliminating
approved by the Ministry of Justice),
discriminatory laws has been uneven,
which included several important
with over 2.5 billion women and girls
provisions: 1) increasing girls’ age of
still affected by discriminatory laws and
marriage from 16 to 18; 2) increasing the
lack of legal protections worldwide.234
age of child custody to 15 for sons, and
In South Sudan, while the current until age of marriage for girls; and 3)
Transitional Constitution (2011) has a requiring divorce cases to be registered
Child Act that defines “children” as under in the courts so women do not need to
the age of 18, it also ambiguously refers access the informal justice system. The
to “people of marriageable age”. This de facto authorities in Afghanistan are
loophole has allowed “marriageable age” currently reviewing the pending laws
to be defined differently from community and those enacted by the Government
to community, as determined by local of the Islamic Republic of Afghanistan
customary leaders, failing to legally to evaluate their consistency with sharia
protect girls across South Sudan from before taking further action on them.
child marriage. In the Philippines the
In Tunisia, the 1956 Code on the Status
legal marrying age is 18 but anyone
of the Person allows women the freedom
between the ages of 18 and 21 who
to make choices about when and whom
wishes to be married must secure the
to marry and establishes the minimum
consent of their parents and those
age of marriage for women at 17 years
between the ages of 21 and 25 have to
(though a mother can consent to the
secure parental advice. The recently
marriage of her children when they
passed Act Prohibiting the Practice of
are minors). However, inheritance in
Child Marriage (Republic Act No. 11596),
Tunisia remains based on sharia law,
which was signed into law in December
which stipulates that a surviving son is
2021, prohibits marriage between minors
generally entitled to twice the share of
– persons under the age of 18 – and
a surviving daughter. In 2018, President
between a minor and an adult. Prior to
Beji Caid Essebsi proposed a draft law
the enactment of this law, girls who are
establishing parity between women and
part of the large Muslim minority235 could
men in matters of inheritance. A first
be married as young as 13 years old
in the Arab-Muslim world, this move
under the Code of Muslim Personal Laws.
garnered much attention, even outside
Another example of a discriminatory
Tunisia. The Tunisian cabinet adopted the
provision against women in relation
draft bill and in February 2019, presented
to marriage is the requirement, in
it to parliament, where it then lingered
Honduras, for a woman to provide a
amid strong opposition from conservative
health certificate demonstrating she is
forces. President Essebsi died in summer
not pregnant, if she remarries within 300
2019, and the proposed law lost its
days.236

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 69

primary champion. The results of the impede on women’s right to be protected
parliamentary and presidential elections, from various forms of violence.240
held in the autumn of that year, all but
ensure the draft bill will fail to pass in the SPECIAL LAWS
foreseeable future.237
Approximately 75 per cent of countries
Human rights actors have consistently around the world have laws addressing
advocated for the repeal of discriminatory domestic violence.241 Women living
laws and harmonization of formal laws in countries with domestic violence
with customary, traditional and religious laws have a 5.4 per cent less chance
laws for gender equality. A promising of experiencing violence compared to
approach in this regard is Musawah’s women in countries without such laws,242
advocacy efforts for justice and equality indicating the potential legislative
in Muslim families and engagement with reforms hold even if laws alone are not
CEDAW reporting processes on Islam enough to eliminate violence.243
and women’s rights.238 In 2020, Musawah
launched a Campaign for Justice in Global tools such as the Framework for
Muslim Family Laws that brings together Model Legislation on Domestic Violence
advocates from MENA, sub-Saharan of 1995 have provided useful guidance
Africa and Southeast Asia to highlight for drafting special laws.244 Similarly, the
the urgency of reforms toward equality model rape law framework by the United
and justice for women living in Muslim Nations Special Rapporteur on Violence
contexts.239 against Women provides important
guidance on adapting international
The multi-stakeholder strategy for standards to national rape laws.245 The
accelerated action, Equality in Law for United Nations Handbook for Legislation
Women and Girls by 2030, was launched on Violence Against Women recommends
in 2019. This strategy seeks to fast-track identifying a clear legislative goal
the repeal of discriminatory laws in six while drafting GBV laws, undertaking
thematic areas in 100 countries by 2023 comprehensive consultations with all
by conducting thorough analyses of relevant stakeholders, particularly GBV
national laws from a gender perspective, survivors, and adopting an evidence-
designing road maps to guide reform based approach to legislative drafting.
processes, ensuring recommendations
from treaty bodies are incorporated at Several focus countries in this study have
the national level, engaging the judiciary special GBV laws246. Tunisia promulgated
to strike down discriminatory provisions a law on violence against women in 2018,
and supporting the repeal or revision of which is based on four pillars (prevention,
all formal laws that discriminate against protection, care and prosecution) and
women, including discriminatory rape identifies several forms of violence,
laws, inadequate anti-violence laws, including physical, psychological, sexual,
discriminatory minimum age provisions economic and political violence.
that put girls at high risk of GBV, such The Philippines has passed a suite
as early and forced marriage, rape, or of special laws addressing forms of
sexual exploitation, especially during GBV and discrimination, including the
crisis situations, and other discriminatory Anti-Sexual Harassment Act of 1995,247
provisions in personal status laws that Anti-Violence against Women and their

70 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

Children Act of 2004 (Anti-VAWC Act),248 grants children rights according to the
Expanded Anti-Trafficking in Persons Convention on the Rights of the Child
Act of 2012,249 and the Safe Spaces Act,250 and covers abuse, neglect, ill treatment,
among others. The Safe Spaces Act violence and exploitation of children.
expanded sexual harassment from work,
Honduras passed a Law against Domestic
education and training settings to public
Violence in 1997, as well as a Law of
and online spaces. It covers misogynistic,
Equal Opportunities for Women in 2000;
homophobic and transphobic slurs and
and Decree 23-2013 amending the
adopted the penalties of cybercrime
Criminal Code to introduce the crime of
law. It provides for the issuance of a
femicide .
restraining order against the perpetrator
by the court whenever appropriate, even However, special laws on GBV are not a
before a final decision is made.251 panacea, and many include crucial gaps.
For example, legal protection for sexual
The Law on Elimination of Violence
violence as a form of domestic violence
Against Women (LEVAW) was adopted
is weak, as is protection for economic
in Afghanistan by presidential decree in
violence. Two thirds of the laws on
2009, propelled by strong advocacy from
domestic violence worldwide do not cover
civil society in the face of opposition from
women in non-marital relationships.252
conservative parliamentarians. LEVAW
In addition, much of the special GBV
criminalized for the first time 22 forms of
legislation is poorly implemented,
violence against women, including sexual
as governments often fail to allocate
assault, beating, selling and buying of
adequate budget for implementation.253
women, murder, forced and underage
marriages, harassment, deprivation of In Honduras, the Law against Domestic
property and inheritance rights, denial of Violence of 1997 (reformed in 2005 and
the right to education, work and access 2013) includes provisions that fail to
to health services, and polygamy. LEVAW centre the survivor. According to the law,
also served as a tool for tracking violence the first reported incident of violence is
against women cases in Afghanistan, dealt with in civil courts,254 with penalties
requiring annual reports on national ranging from one to three months of
violence against women statistics by the community work. Domestic violence only
government. becomes a criminal offence in Honduras
if there is a second incident. In addition,
PNG criminalized domestic and sexual
the Honduran domestic violence law
violence through the Family Protection
allows judges to mandate counselling,
Act of 2013. In PNG, GBV is often referred
not only for the aggressor, but also for
to as “family sexual violence”, recognizing
the survivor.
that domestic violence is not limited to
a partner, but can also include violence South Sudan does not yet have a special
perpetrated by family members. One of law on GBV, though current legal reform
the key provisions of the Act is to allow efforts are primarily focused on three
both village and district courts to provide legislative priorities: 1) a standalone GBV
women with civil family protection orders bill; 2) a Sexual Offences Act; and 3) a
(FPOs), with clear criminal consequences Family Law. The GBV bill would specify
for respondents who violate the orders. the criminal acts that constitute GBV
Additionally, the Lukautim Pikinini and enshrine the age of marriage across
Act of 2015, or Child Welfare Act, South Sudan as 18. The Sexual Offences

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 71

Act would define rape, differentiate it femicide, feminicide, or aggravated
from defilement, and specify other forms homicide due to gender as separate
of criminal sexual offences. The Act criminal offences.257 Most of these
would also differentiate between the rape provisions are part of comprehensive
of an adult and rape of a child. The Family laws on GBV, though a few countries (e.g.
Law would include both a marriage Argentina, Colombia, Guatemala, Peru
Act and a divorce Act, specifying rules and Uruguay) have separate laws on
around grounds for divorce, succession femicide.
of property in the event a spouse dies,
Overall, for law reform to be successful,
and what property is subject to these
it is important for legislation, and in
rules. The Family Law would also define
particular special laws, to be adequate
marriageable age, which would comply
and address sustained funding, national
with the marriageable age of 18 in the
strategies and complementary policy,
GBV bill. All three of these bills have
and coordination of service and justice
been introduced in parliament but have
delivery.258 Continuous monitoring and
since stalled. Advocates believe the GBV
assessment of legislative implementation
bill has the best chance of passing, as
is also crucial to measure impact and
they have been framing GBV as an issue
identify gaps for further reform to achieve
that affects everyone, both men and boys
gender justice objectives. Many countries
and women and girls. Research has found
have incorporated provisions on data
that men and boys in South Sudan also
collection in the law (e.g., Mexico’s Law
experience sexual violence, though not as
on Access of Women to a Life Free of
frequently as women and girls.255
Violence, which creates a data bank on
Special laws have also been passed to GBV).
address particular forms of GBV. In PNG
there have been key changes in the law to
protect survivors of SARV and prosecute
STRATEGIC LITIGATION
perpetrators. The PNG Parliament Strategic litigation holds great potential
(under the advice of the Constitutional for individual, social and legislative
and Law Reform Commission of PNG) transformation and is an important
repealed the Sorcery Act of 1971 in tool for gender justice. Public interest
2013. An amendment in the Criminal lawyers, human rights advocates and
Code Act 1974 now gives the highest the women’s movement have used
penalty of life imprisonment for sorcery the courts since the 1990s to effect
accusation-related murders. Femicide, legislative reforms, challenge structural
which constitutes a majority of the total discrimination, and raise awareness of
intentional homicides of women in Latin human rights violations and obstacles
American and Caribbean countries, has to claiming equal rights. Successful
also been an increased area of attention strategic litigation is usually pursued
for special laws. In most cases, femicides alongside advocacy and communications
are committed by someone who is or initiatives and requires sustained funding
has been in an intimate relationship and coordinated efforts from a range
with the woman.256 The gravity of this of stakeholders (e.g., survivors, CSOs,
form of GBV has compelled 18 states in lawyers, experts, United Nations entities,
Latin American countries to either enact donor agencies, academics, journalists
laws or reform existing laws to include

72 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

and others)259, in addition to an enabling CONFLICT AND COMPLEXITY:
environment. A UNIQUE OPPORTUNITY TO
A survivor-centred and gender sensitive ADDRESS GBV
approach to strategic litigation is Post-conflict state-building processes
critical to ensure survivors’ meaningful often present opportunities for adopting
participation in the process, from the new legal and policy frameworks on
beginning of the case, strategy and GBV 262 through increasingly participatory
jurisdiction selection, maintaining a and inclusive processes.263 For instance,
safe environment through the provision despite challenges faced, women’s
of support and continuous risk participation in constitution making
assessments, to ensuring that litigation processes in Nepal had significant
outcomes are in line with survivors’ benefits. Article 38 (3) that prohibits
justice needs. physical, mental, sexual, psychological
Strategic litigation can be a useful tool to and other forms of violence or
change laws, policy, procedures and ways exploitation on grounds of religion or
of working to address the needs of GBV social or cultural tradition or practice was
survivors, which are particularly acute included in the 2015 Constitution. Based
in situations of conflict, post-conflict and on this provision, substantive law reforms
insecurity.260 Some notable examples followed, including the promulgation of
of strategic litigation include cases that new laws on harmful practices, sexual
paved the way to: recognition of marital and domestic violence and trafficking.264
rape in Nepal261, issuance of guidelines Similarly in Uganda, constitution
on sexual harassment at the workplace making after democracy was restored
in the absence of a law in India (Vishaka in 1986 involved a participatory process
v. State of Rajasthan, 1997) and striking and the inclusion of women lawyers
down discriminatory citizenship laws in in the Constitutional Commission.
Botswana (Attorney General v. Unity Dow, Subsequently, the Ugandan Constitution
1992). included strong provisions on women’s
right to equal treatment and affirmative
In the above examples, strategic litigation action. The Ugandan model was followed
has been seen as a way to effect changes by Rwanda, which in its 2003 Constitution
in the legal framework, including in included a focus on genocide, crimes
the face of government reluctance to against humanity, and a 30 per cent
reform legislation. A key informant in quota for women at all decision-making
South Sudan reflected on the advocacy levels.265
power of a “landmark case” to make
legislative changes in the country, in In our countries of focus, crises also
particular moving forward on GBV-related offered an opportunity to enhance
legislation that is currently stalled in dialogues on better GBV laws and
parliament. policies. In South Sudan, an agreement
following decades of armed civil conflict
may offer some innovative space for
addressing GBV. In September 2018,
a peace agreement – R-ARCSS – was
signed that laid the groundwork for a
power-sharing agreement between the

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 73

government and the opposition. This GBV during complex situations. Similarly,
agreement aimed to stabilize the security the Philippine Disaster Risk Reduction
landscape and normalize the political and Management Act of 2010 recognizes
situation in the country, return and that women face a higher exposure
resettle South Sudanese people displaced to risk during disasters.268 Thus, local
by the conflicts, and allow for greater government units and other concerned
humanitarian support over a two-year agencies are tasked with developing and
period.266 The R-ARCSS has yet to make implementing gender-responsive and
a significant impact on access to justice rights-based plans to proactively prevent
in South Sudan, as it has taken time to sexual violence in evacuation centres and
establish the infrastructure to support other relocation sites.269
its implementation. However, the peace
agreement raises GBV as a priority issue,
and lays the groundwork for addressing it
NATIONAL ACTION PLANS
through the establishment of specialized National action plans are another
justice mechanisms, including a special mechanism to address GBV, separate
GBV court. One key informant noted from but complementary to legal
that the peace agreement provides a reform. Over the last few decades,
legal basis from which women’s groups many countries around the world have
(many of which are signatories to the developed GBV national action plans, or
agreement) can advocate and change other national action plans on related
the way the international community issues, such as the Women, Peace and
engages with South Sudan on GBV. The Security agenda. Tunisia, for example,
R-ARCSS also seems to be opening space developed a national action plan in 2018
for government actors to become more focused on empowering women and
engaged with GBV. The current Minister girls and promoting their participation
of Defence is now a woman, originally in efforts to prevent conflict and violent
from the opposition, and may be more extremism, eradicating all forms of GBV,
open to addressing sexual violence (she and ensuring stable and durable peace.270
has recently come out in support of the Tunisia also has a National Strategy for
hybrid court, laid out in Chapter V of the Combating Violence Against Women
R-ARCSS). Across the Life Cycle.271
As the Philippines contends with the Some GBV national action plans are
protracted impact of climate change, considered quite strong. These plans
their legal framework has been shaped tend to have the following elements in
to address the particular vulnerabilities common:
of women and girls in disasters. The
Philippines’ Magna Carta of Women • Survivor-centred and survivor-led
specifically provides that women have • Multisectoral and multilevel, promoting
the right to protection and security in coordination among jurisdictions and
times of disasters, calamities and other sectors
crises, through all phases of relief and
recovery efforts.267 The Magna Carta of • Coordination and complementarity
Women highlights the need to address between the national action plan and
the particular vulnerabilities of women existing laws and policies
and protect them from exploitation and

74 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

• Adequate funding that invests in THE ROLE OF THE WOMEN’S
primary prevention, as well as justice
and response MOVEMENT IN LEGAL
REFORM
• Promote evidence-based approaches
Research has shown that a critical
• Include indicators and mechanisms for
condition for progressive legal reforms
monitoring and evaluations
and policy change has been the presence
• High-level leadership authority of feminist movements in national
contexts.273 Autonomous feminist
• Tailored responses, taking into movements have led advocacy campaigns
account women experiencing multiple, and undertaken strategic litigation that
intersecting forms of discrimination have influenced legal developments at
• Strong civil society input in the process the national, regional and international
of national action plan development, levels.274 They have been effective in
implementation and monitoring adapting international and regional
standards to national contexts, both in
• Support to women’s movements. the framing and implementation of laws.
Countries with the strongest feminist
Although national action plans are a movements tend, other things being
welcome development, most face many equal, to have more comprehensive
challenges and often fail to move the policies on GBV when compared to those
needle significantly in addressing GBV. with weaker or non-existent feminist
Some reasons for this include a lack movements.275 Additionally, in situations
of consistency and alignment between of conflict and fragility, ensuring women’s
national action plans and legislation, participation in peace building and
weak monitoring and accountability, governance processes has also shown to
inadequate budget appropriation, low lead to more equitable and lasting peace
authority of the lead agency for the agreements.276
advancement of women (often consisting The United Nations Working Group
of mechanisms that are second or on the Issue of Discrimination against
third tier below ministerial level), and Women has noted a growing trend of
the fact that national action plans are setbacks in women’s rights, including
often developed by external consultants attacks on autonomous women’s
supporting international organizations, movements and CSOs by State and non-
with little engagement of civil society State actors. This underscores the need
and buy-in from the Governments to support and protect the crucial role
themselves. Therefore, some countries that women human rights defenders play
have state-of-the-art national action in progressive policy change, including on
plans that are unlikely to realize their GBV.277
full potential. In PNG, for example, even
though the Government led consultations Women’s organizations have been crucial
and created the national action plan, in pushing for GBV reform in the focus
there is no mechanism of accountability countries. The majority of the laws in
attached to it.272 PNG were achieved through years of
advocacy by women’s rights and civil
society groups, as well as technical and

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 75

financial support from donors such as • A multisectoral approach to legal
the Government of Australia. CSOs such reform is crucial for lasting progress.
as Eastern Highlands Family Voice, All forms of GBV must be recognized as
Bougainville Women’s Federation, crimes, but criminal justice responses
Leitena Nehan and Nazareth Centre for to GBV are inherently limited. Criminal
Rehabilitation have been advocating for justice is only one contribution to the
women’s human rights and violence multisectoral response needed to
prevention for decades. In the Highlands, achieve justice for survivors and an end
the Kafe Urban Settlers Women’s to violence against women.
Association (KUSWA), Kup Women for
• Rules of evidence and procedure must
Peace, and the Human Rights Defenders
be survivor-centred. Discriminatory
Network work at the community level
evidentiary or procedural requirements
to defend the human rights of women
persist in all six contexts. For example,
and girls and protect them from GBV
research informants mentioned
and SARV.278 In South Sudan, Steward
virginity tests as one of the main forms
Women, a women’s organization founded
of evidence for proving the crime of
by lawyers, has campaigned for the
rape in Afghanistan.
ratification of the Maputo Protocol and
pushed for key GBV legislation, while the • Legal reform and policies such
Federation of Women Lawyers in South as national action plans on GBV
Sudan has also played an important role must have adequate funding
in legal reform, including producing and sustained monitoring to be
briefs to support the passage of the above successful. Continuous monitoring
bills. and assessment of legislative
implementation is crucial to measure
impact and identify gaps for further
KEY LESSONS reform to achieve gender justice
objectives.
• Laws alone are not enough, and
barriers to implementation can hinder • Open and inclusive approaches must
the impact of legal reform on GBV. be adopted for the formulation of
There has been much global attention laws, policies and strategies on
on passing new laws on GBV in the past GBV, including clear strategies
three decades, and many countries for consultation with civil society,
have adopted legislation. However, particularly women’s organizations
the mere presence of laws does not and movements. This underscores the
always translate easily into changes in necessity to recognize, support and
practice, and justice actors are often promote the crucial role of women’s
the slowest to change. New laws are organizations and their movements
only a small part of a larger process of in addressing GBV, including in legal
reform that is needed to improve the reform.
lives of women and girl survivors of
violence.

76 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

CHAPTER 5: JUSTICE
MECHANISMS –
CONSTRAINTS AND
OPPORTUNITIES FOR
WOMEN’S ACCESS TO
JUSTICE IN COMPLEX
SETTINGS
Image Credit: © IDLO
CHAPTER 5: JUSTICE
MECHANISMS – CONSTRAINTS
AND OPPORTUNITIES FOR
WOMEN’S ACCESS TO JUSTICE IN
COMPLEX SETTINGS

International standards and national SOCIAL NORMS AND COMMUNITY

laws and action plans have increased PRESSURE
opportunities for women to seek justice
for GBV. Nonetheless, they are just the
first steps to improving justice outcomes “Survivors or their families don’t want
for women. Barriers persist, hindering to disclose the case of rape because of
justice for survivors of GBV. shame and fear of a negative reaction
from the community. The perpetrator
mostly escapes, but sometimes when
BARRIERS TO REPORTING the community becomes aware of the
GBV TO FORMAL case, they either stone him or submit
him to the police.”
INSTITUTIONS
- Key informant from a CSO in
Most women never report the violence Afghanistan
they experience to the formal justice
system.279 Among the few who do
formally report, women and girls often
Patriarchal social norms that permeate
withdraw their complaints before they are
families and communities negatively
able to make it all the way through the
impact both women’s likelihood of
criminal justice systems.
experiencing violence, and how she
Key informant interviews and focus accesses justice in the wake of violence.
group discussions conducted for this In South Sudan, society gives paramount
study highlighted a myriad of factors that importance to men’s voices – as one
contribute to underreporting: informant highlighted: “If the man says
no, no one will say yes.” Women are
often considered the property of their
husbands and, to some degree, of their
communities. Key informants report
that social norms in South Sudan tend
to promote acceptability by both men
and women of IPV, including marital
rape.280 Men are viewed as having

78 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

the right to have sex with their wives to bring the family together again,
whenever they like. If a woman wants reminding them of their solemn vows as
to report violence by a partner, she spouses. The prosecutors in many cases
is sometimes expected to first share will attempt to reconcile both parties. If
it with her in-laws before reporting the prosecutor fails to do so, the judge
it externally. Emphasis is placed on will also try to do so. Informants also
maintaining peace within the family, mentioned that judges who are devout
with brothers and uncles sometimes Catholics sometimes quote scripture
serving as mediators in situations where from the Bible when trying to reunify a
a woman has experienced violence from survivor and perpetrator.
her partner. As one informant shared,
Transgender women also face immense
“Men’s reputation comes first”, and women
discrimination due to social and cultural
and girls who experience violence are
attitudes. In the Philippines, society does
expected to stay silent for fear of harming
not view transgender women as women,
the man’s reputation. There is also
or what they experience as violence. The
significant stigma attached to sexual
CHRP, interviewed for this study, has
violence, which makes women and girls
received anecdotal reports that rape
who have been raped less likely to report
complaints of transgender women were
the incident.
dismissed by the police, with the police
In the Philippines, victim blaming and sometimes indicating that transgender
normalization of violence prevents women asked for it or put themselves at
survivors from reporting cases of risk (“hindi ba iyon ang gusto nila?” – isn’t
violence. For example, key informants that what they want?). The lack of gender-
interviewed for this study explained that sensitive attitudes and training of officials
barangay officers can be hesitant to issue represents broader societal stereotypes
barangay protection orders because and greatly hampers survivors’ access to
they believe that violence in the couple justice.
is just a “normal fight between husband
During a focus group discussion, a group
and wife” (nag-aaway lang yung asawa).281
of lawyers who were interviewed for this
In small communities where barangay
study in Tunisia described how women
officials may be closely affiliated to
and girls who are victims of sexual
the perpetrators or in places where
violence are subject to other forms
barangay officials are less sensitive to
of violence from the family (rejection,
gender power dynamics, there’s a lower
physical violence, etc.). Women are
probability that women will seek help or
punished, and sometimes beaten by the
ask for barangay protection orders.
men of the family who are considered
The CHRP has also received complaints guardians of the family honour and may
of judges telling women that the case deem the victims dishonourable. It is this
is a domestic dispute (away-bahay ‘to). fear of reprisals that locks women and
The use of offensive, gender-insensitive girls into silence and constitutes a major
language is still prevalent, with some obstacle to denouncing sexual violence.
judges asking survivors of rape or sexual
Women and girls in Afghanistan also face
harassment “nag-enjoy ka ba” – did
family pressure not to report incidents of
you enjoy it? Prosecutors and judges
violence. Not only might family members
sometimes push for reconciliation
between the survivor and the perpetrator

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 79

dissuade a survivor from reporting the Informants in Honduras shared that
violence, but informants also described survivors often drop charges due to
other, more severe consequences for economic and family pressures. By
reporting violence: law, even if the victim does not want
to file the report, the case should be
remitted to the prosecutor for follow up.
“The main challenges that survivors Police interviews, however, indicated
face in reporting their cases is their that if survivors did not want to press
family. Family members are the first charges, the case could not continue.
ones who will tell her not to file a This treatment of GBV cases reflects
complaint. That this will not give a the cultural norms that still surround
good image and will be bad for her violence cases in Honduras. As a member
family. They try to convince her not to of a CSO mentioned:
report the violence, to avoid having a
bad reputation in society. Due to these
norms and attitudes, they will not be “If there were political will, this type
able to go to the justice sector.” of violence would be strictly of public
order and could not be resolved
- Key informant from the
through reconciliation. Because
Government of Afghanistan
in the end, when the possibility of
reconciliation is allowed, it implies
that deep down we continue to see
“In the cases that we witnessed the issue of violence against women
normally when a girl or a woman as a private matter. That it can be
is in this situation, they are very reconciled if the victim wants it, but
traumatized – if their family become we are talking about a victim with
aware of the situation, she may get an impact that is not only physical,
killed or the family may take revenge it is psychological, economic, with
on the boy’s family.” a dependence in all senses on her
aggressor. And the State cannot allow
- Key informant from a CSO in
that.“
Afghanistan
- Key informant from a CSO in
Honduras
In PNG, survivors are also hesitant to
report violence because it is seen as
a family matter that must be resolved Withdrawal of survivors’ reports of
within the accepted customary system. violence was also cited as a key barrier
This is the case in particular in marriages to justice in South Sudan, PNG and
involving the payment of a bride price, Afghanistan. In Afghanistan, elements
where the husband’s family may perceive of the special LEVAW actually promote
the wife as property.282 the withdrawal of complaints.283 Per the
law, without the victim´s complaint,
some “minor” GBV crimes cannot be
WITHDRAWAL OF REPORTS
prosecuted.
Even when survivors do report violence,
these are often withdrawn before
they are tried or resolved in courts.

80 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

FEAR OF REPRISALS challenges with lawyers’ capacity related
to GBV given the differences in lawyers’
Survivors may also fear retribution or legal background and education. In the
reprisal if they formally report GBV. In Philippines, it is hard to find lawyers who
South Sudan, a key problem identified by will handle cases of GBV and support the
respondents in this study is the protection prosecution of the case. If a lawyer is not
of survivors and others connected to a available, CHRP highlights that the case
GBV case. Survivors, witnesses, family will then rely solely on the prosecutor,
members and others fear retribution who may trivialize the violence, be
by the perpetrator if a survivor reports impatient with a survivor’s reluctance to
GBV, further compelling the survivor to pursue the case and fail to understand
keep silent. There are few protections in that survivors of violence may second
place to keep survivors safe. There is no guess decisions to file a case. Some
system available for survivors to access perpetrators avail of the legal services
protection orders. If a survivor has of the Public Attorney’s Office. In cases
reported IPV, she may have to rely on her where the perpetrator has approached
parents or family members to keep her the Public Attorney’s Office first, the
safe. Office is precluded from offering services
to the survivor, if requested.
LACK OF ECONOMIC RESOURCES
Women’s lack of economic resources DISTRUST OF FORMAL
limits GBV survivors’ access to justice. INSTITUTIONS
When women choose to report GBV, often
Survivors’ distrust of state justice
(particularly in IPV cases) they leave
institutions can also hinder willingness
their home for their own safety while the
to report GBV. For example, though
proceedings unfold. Women may have
Honduras has a relatively strong legal
trouble supporting themselves financially
framework in place, a survey conducted
while removed from their marital home,
by OXFAM found that over half of those
and sometimes survivors will stay with
surveyed do not trust the Prosecutor’s
their parents while this takes place.
Office (56 per cent), the Supreme Court
Informants in this study described how
of Justice (56 per cent) or the National
access to transportation to and from the
Police (59 per cent).284 A key barrier
court can also be a challenge, especially
to trust in institutions is the high level
in contexts like PNG where there is a
of impunity in the resolution of cases
substantial divide between urban and
related to GBV and femicide, as survivors
rural settings.
do not believe that they will receive
The cost of a lawyer was identified as proper protection or that their access
an additional barrier for GBV survivors to justice is guaranteed.285 As one key
seeking justice. Some women’s informant shared:
organizations offer pro bono access to
lawyers for GBV survivors (such as the
“The problem is that small reforms are
Federation of Women Lawyers, Women
made, which allows the Government
Development Group, and Steward Women
to send a message: we have a protocol
in South Sudan). When a survivor is able
for action on femicide, we’ve included
to obtain a lawyer, there can still be

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 81

 the definition of femicide in the penal because of male dominance, they don’t
code, we have a special prosecutor’s trust the police.”
office for women. But the special
- Key informant, government official
prosecutor’s office for women has
in Afghanistan
fewer resources, fewer capacities,
and fewer powers, and femicides
are investigated together with other Survivors may be unaware of the
types of unspecialized crimes. Behind full scope of rights women and girls
all this is a structure that maintains enjoy under the law. In Tunisia, in
the situation: that re-victimizes, that spite of public awareness campaigns
does not investigate, that maintains and increased advocacy during global
impunity, that does not have enough milestones such as the 16 Days of
resources.” Activism against GBV, there is low
awareness among survivors of laws
- Key informant from a CSO in available to protect them (including the
Honduras crucial Law #58, passed in 2017).

Knowledge of where and how to

Similarly, in interviews with civil society report GBV is also a constraint. This
actors for this study, several informants was reported across the focus country
were of the opinion that South Sudanese contexts. For example, in South Sudan,
survivors also lack faith in the criminal where illiteracy rates across the country
justice system. This is in part because are high, survivors face additional
many of the same actors who are now challenges in understanding laws
enforcing justice through the formal or services that could support them.
system committed acts of GBV during Sometimes, if a girl is educated, her
the conflict. Informants report seeing bride price may be reduced in South
very few GBV perpetrators facing any Sudan, so parents may forgo furthering
sort of meaningful accountability through their daughters’ education as a means
the formal justice system, further dis- of maintaining bride price. Some
incentivizing survivors to report. parents may view other risks in sending
daughters to school:

LIMITED KNOWLEDGE OF LAWS

AND SERVICES “Girls are restricted from education
simply because their parents think that
if they are taken to school, they will get
“Women who live in villages do not spoilt and therefore will not bring the
even have information about their expected dowry to the family. Girls who
basic rights. They are depending grow up in cattle camps are expected
on men, they don’t know about to be married for a lot of cows.”
organizations that work for women
and they are afraid to go to the police - Key informant in Rumbek286

82 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

INTERSECTING IDENTITIES AND JUSTICE CONSTRAINTS
BARRIERS IN PRACTICE: POLICE,
Gender is not the only identity that PROSECUTION AND THE
might influence whether a survivor
JUDICIARY
reports violence. Considerable socio-
cultural barriers to accessing essential The police are one of the first contacts
services were also highlighted by GBV survivors may make when accessing
respondents, especially for women formal justice. If a survivor moves
and girls who suffer from intersecting forward with a complaint, the prosecution
forms of discrimination. In Honduras, and the judiciary also play a key role in
rural, indigenous and Afro-Honduran the survivor’s experience of access to
women and girls, individuals with justice.
disabilities, migrants, and those
There are a variety of challenges
subject to discrimination because of
associated with justice actors’ response
their sexual orientation or gender
to GBV survivors. These include
identity often face tremendous
mistreatment of survivors by police,
challenges accessing justice for GBV.
lack of follow-up with survivors, lack
In Tunisia, migrants, disabled women,
of resources, evidentiary challenges
sex workers, domestic workers and
and lack of forensic capacity, poor
other especially vulnerable populations
information systems, unresponsive police
are offered little specialized protection
procedure, mediation, low penalties,
from violence. Survivors who live in
impunity, and corruption and lack of
remote and rural areas of PNG, the
judicial independence.
Philippines and South Sudan also face
challenges physically accessing justice
systems. MISTREATMENT OR LACK OF
SENSITIVITY IN THE TREATMENT
In the Philippines, as in many other
countries, most complaints have
OF SURVIVORS
to be filed and processed through
face-to-face interaction. This is a “One issue is that the police lack
major challenge for survivors that credibility. Sometimes survivors are
live in rural areas and for those with afraid to press charges because they
accessibility challenges. For example, are not treated well.”
there are very few sign language
- Key informant from a CSO in
interpreters and presenting cases
Honduras
involving deaf people in court can be
a major challenge as the credibility of
the interpreter has to be vetted. These
Across contexts, there is a reported
issues have been further compounded
lack of a gender perspective among key
during the COVID-19 pandemic.
justice actors, which can discourage
reporting. In Honduras, patriarchal
cultural patterns and the tendency to
normalize violence against women
persist among civil servants and
institutional decision-makers. Key

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 83

informants mentioned that in cases of
sexual violence, women have difficulty “The capacities that have been
reporting, because they are often blamed generated in these processes in
for it due to the way they look or dress. In the prosecution and the police are
cases of domestic violence, women are lost when the trained people are
told that they should work things out with transferred to other offices, and this is
their husbands. Further, when survivors a setback for the specialized treatment
drop cases, they can at times experience of the issue of [GBV].”
victim-blaming from the police for not
continuing to follow-up. - Key informant from the Honduran
judiciary
Women’s organizations in Honduras
find that many justice providers are
reluctant to accept that domestic Mistreatment of survivors and their
violence is as serious a crime as other families by some key justice actors was
criminal matters.287 The Inter-American also reported in South Sudan. There
Commission on Human Rights has is widespread mistrust and fear of the
pointed out the low capacities of security police given the crimes (including GBV)
agents and justice actors and has perpetrated by armed actors during the
recommended that they be strengthened conflict. Survivors have reported negative
in order to offer timely responses in the experiences with the male-dominated
context of the pandemic.288 police force in South Sudan, including
being asked invasive, embarrassing
questions while reporting, or being
“It is necessary to make these reforms, victim-blamed. As one informant from a
include these [new] definitions, but CSO said: “(Police) turn the whole issue
that does not help you if the prosecutor into a mockery.”
who is going to investigate this crime
has a conservative mentality and Police officers do not always understand
blames women for their own murder the laws relating to GBV, the needed
or rape.” support for survivors, and key
considerations for dealing with GBV
- Key informant from a CSO in survivors. For example, there is often
Honduras little privacy in South Sudanese police
stations for survivors to share their
experiences.
Despite training, police do not always
handle such cases with sensitivity and
specialized attention to the human rights
of survivors. Cases in Honduras were
cited in which police actively collaborated
with the perpetrators, either by alerting
them to the survivor’s complaints or
taking bribes from them. The frequent
turnover of staff can make it difficult to
institutionalize new behaviours:

84 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

Similar issues were also highlighted in process. The Prosecutor’s Office is in
Afghanistan, where informants shared charge of the follow-up mechanism for
incidences of unprofessional behaviour complaints and is supposed to follow-up
by justice actors, even those who had if the survivor refuses to continue the
received training: process.

“A woman went to the police for “Sometimes when they give her
reporting her case. She was beaten by the appointment to go to court, the
her husband and lost her back teeth. survivor no longer follows up. They
And the police replied – you lost your do not for many reasons, because
back teeth, which is not affecting your she does not have the resources to
beauty – and asked her to laugh to see arrive alone, because they already
if the lost teeth are visible or not.” took the aggressor out of their house,
or they have already reconciled with
- Key Informant in the Afghan
theaggressor in the famous ‘cycle
government
of violence’. And the State does not
follow up to find out why she did not
arrive. No, the State keeps the papers
Police brutality and years of corruption
and says well, they did not come,
have also plagued PNG, which has seen a
we are going to give this case some
progressive erosion of public trust in the
time to see if she comes back. But
police. Informants report that incidents
the woman will arrive when there are
of police raping survivors of violence
other manifestations of violence. Then
are still reported in the country, though
another file is opened for the next act
accountability has improved with more
of violence and thus we accumulate
people being arrested and charged over
files.”
rape, murder and corruption.
- Key informant from the Honduran
judiciary
LACK OF FOLLOW-UP
Justice actors’ failure to follow up with
This lack of follow-up with survivors, who
GBV survivors’ cases can have serious
are already facing a host of structural
consequences. In Honduras, complaints
and social barriers, allows justice to slip
can face expiration after a survivor files a
through the cracks.
complaint, or someone files a complaint
on behalf of the survivor. Although the
cases are prosecuted ex officio, if the LACK OF RESOURCES
survivor does not follow up, often no
further actions will be taken. According to Justice actors can lack the needed
a member of the judiciary system: “More resources to be effective in offering
than 40 per cent of complaints are not GBV survivors justice. In PNG, for
followed up for different reasons.” example, the police force is under-
resourced and under-trained. The
After six months, the complaint expires, police to population ratio is very low,
and no further follow-up takes place with only an estimated total of 7,000
unless the survivor returns to renew the police officers for a population of over

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 85

7.3 million.289 Of these police officers, the wake of violence when a survivor
only 107 are Family and Sexual Violence reports GBV. This procedure has been a
Unit (FSVU) officers, charged with significant barrier to survivors’ access
preventing, protecting and investigating to justice, as it is often necessary to
family and sexual violence cases.290 The pursuing justice through the courts
complex geographic environment in PNG, or accessing related health services.
including populations who live in remote Historically, since having police complete
areas of the country, poses an additional the form costs money, women who could
layer of challenge to the under-resourced not pay the fee could not get the form.
force. For example, an informant shared Moreover, illiteracy, which is a significant
that because Karimui-Nomane District problem across South Sudan, particularly
in Chimbu Province is only accessible for women and girls, makes completing
by plane, if there is an accusation or act the form difficult for survivors. Many
of violence due to sorcery, it is difficult women do not proceed with completing
for the police to travel to the scene. Key Form 8 and thus are prevented from
informant interviews with police in the accessing health services and pursuing
Eastern Highlands Province found that justice through the court. A successful
police often hear about the cases only campaign by advocates within and
when something else has happened such outside the Government has removed
as a tribal fight. The leaders of the tribe the fee associated with Form 8. However,
seek help from the police to quell the confusion remains over whether the form
tribal fight and when the district police costs money, and whether it is necessary
ask how the fight started, they will then to receive health services, making Form 8
say there was a SARV killing. Even when a persistent barrier to accessing justice.
police have road access, fuel is often
limited, and survivors or human rights
EVIDENTIARY CHALLENGES AND
defenders may have to cover the costs of
fuel.
LACK OF FORENSIC CAPACITY
Collection of forensic and other evidence
In South Sudan, one area where
is crucial to GBV survivors’ access to
additional resources are needed is
justice. However, there are a number of
language training for lawyers. Informants
challenges associated with collecting
shared that many of the lawyers in South
evidence and proving the elements of
Sudan are fluent in Arabic, having been
GBV crimes in a justice context. For
trained in Sudan. The operating/official
example, in Honduras, the presence of
language of the justice system and laws
gender inequality has to be established to
in South Sudan is English. This adds a
prove femicide.
layer of complexity to survivors’ access to
justice. Specialist capacity for collecting forensic
evidence can also be limited, posing an
evidentiary challenge, and professionals
UNRESPONSIVE POLICE
conducting forensic examinations are
PROCEDURES
often insufficiently trained and/or lack
In South Sudan, police officers are gender sensitivity.291 In some instances,
a critical contact for GBV survivors, there is inability or unwillingness to
given their role in administering Form provide urgent clinical and medical
8 – a form filled out by these officers in care, such as emergency contraception

86 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

or prophylaxis for sexually transmitted court and may mitigate the challenge of
diseases. In 2015, WHO and UNODC witnesses refusing to come forward.
implemented the project/programme
The application of virginity tests
‘Strengthening Medico-Legal Services in
as evidence for proving some GBV
Conflict Affected Areas’, which aimed to
crimes was raised as a key concern in
strengthen national capacity in collection
Afghanistan. Though article 640 of the
of evidence in sexual violence cases in
Afghan penal code criminalizes virginity
fragile and conflict settings.292
examinations, the law permits a virginity
Forensic testing capability poses a examination if conducted with the
significant challenge for GBV survivors in consent of the victim, or a court order.
conflict-affected South Sudan. Because A sense of lack of alternatives to prove
there is no ability for forensic testing some GBV crimes emerged, as one
within the country, any forensic testing member of the judiciary shared:
that is performed to contribute evidence
to a GBV court case must be sent outside
the country. This has made collecting “If the virginity test doesn’t happen,
forensic evidence to support GBV court what would be the alternative for
cases more challenging. One informant, proving rape cases? There is not any
however, cautioned against centring alternative for proving rape cases and
forensic testing as a primary gap to be it would be good that doctors provide
filled, given the substantial challenges an alternative. Courts only take a
in basic GBV response services. In fact, decision based on the virginity test
the vast majority of GBV survivors don’t because the forensic medicine provide
pursue justice to the point where they information about virginity and sperm.”
are accessing forensic testing for use as - Key informant member of the
evidence in a case, so a focus on forensic Afghan judiciary
testing may be missing more basic gaps
that need to be filled.

In PNG, the unique challenge of SARV POOR INFORMATION SYSTEMS

presents barriers to evidence collection. AND DEARTH OF DATA
Key informants highlighted that police
are usually afraid of what the community
“It is about making the problem
will do to them if they try to intervene
visible.”
in a sorcery accusation as they will put
themselves in opposition to a whole – Key informant in South Sudan
community. One major challenge with
prosecuting SARV is that there are rarely
any witnesses willing to step forward Poor information systems and a lack
out of fear of being persecuted. Often of data, including administrative
police will arrive and be witnesses to data from justice actors, hinder GBV
SARV occurring. Advocacy efforts are survivors’ ability to access justice.
underway within the Public Prosecutor’s Furthermore, lack of data and monitoring
Office to consider whether the police can and evaluation mechanisms make it
use their smartphones to take footage challenging to track national trends and
of crime scenes when they arrive. This respond to GBV.
footage could then be used as evidence in

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 87

Informants shared that because the own stories and build their own archive.
Philippines does not have a harmonized, As one key informant from a CSO said, “I
systematic GBV data system, get stressed when I have to cite something
understanding GBV prevalence in the from an international NGO”, meaning
Philippines is challenging. There are that she would much prefer to be citing
myriad data systems, but there is lack the work of South Sudan researchers,
of coordination and harmonization, practitioners and/or activists. Data
making it challenging to understand the collection n South Sudan needs more
full scope of the problem. Most national support in centring and amplifying the
level data is qualitative or in the form of voices of South Sudanese women and
case studies. For example, the Philippine girls and strengthening their capacity
National Police keeps their own statistics, to collect the evidence to improve
and the PPNP Women and Children programmes and institutions.
Protection Centre documents the
prevalence of reported violence against
MEDIATION
women and children cases. UN Women
conducts rapid gender assessments. The The use of mediation as an alternative
Inter-Agency Council on Violence Against to criminal prosecution to resolve
Women and their Children, Inter-Agency GBV cases was noted in several focus
Council Against Trafficking, and gender countries. In PNG, the role of village
and migration actors also each have their courts through the customary justice
respective data systems. system is to maintain peace and order
in communities, and village court
In South Sudan, there is a dearth of
magistrates primarily use mediation to
rigorously collected data on GBV. Though
deal with customary law or other non-
there have been some national surveys,293
criminal cases.
additional data is needed to build a
comprehensive picture, including around Although mediation between a couple
the particular vulnerabilities of different is permitted in Honduras under article
groups of women and girls, and how 45 of the criminal procedure code,294
their needs can be better addressed. One the same article states that the judge
informant, however, warned against the should not urge reconciliation in cases
“prevalence red herring”: when donors of GBV or in cases where violence is
fixate on collecting prevalence data committed against minors and individuals
prior to designing and implementing with disabilities. However, if the victim
programmes to address GBV, this can requests mediation, the judge must
be a barrier and delay to implementing permit it, ensuring that neither party
much-needed programming. Very few is subject to inequality or vulnerability.
data on GBV are digitized in South Sudan, In most cases, proving inequality or
and most of it is collected by international vulnerability is very hard to do, and it
NGOs as opposed to local organizations. usually does not end the situation of
Very few articles and publications about violence, particularly when organized
GBV in South Sudan are authored by crime is involved.
South Sudanese women. There is a desire
for South Sudanese women to share their

88 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

As one key informant shared: IMPUNITY AND INSUFFICIENT
PENALTIES
“In general, reconciliation between
the victim and the accused is used to “There is not only a justice gap, but
resolve the case, but it does not stop true immunity and impunity.”
the violence. In several cases we see
– Key informant from a CSO in South
that it is a repetitive circle of violence
Sudan
and that [reconciliation] does not have
any effect on the aggressor continuing
to exercise violence.” The combination of many of the above
- Key informant from the Honduran circumstances gives rise to a feeling
Government of generalized impunity across many
focus contexts. Lack of accountability for
perpetrators and insufficient penalties
A key informant in Afghanistan provided for GBV offences was reported in several
insights on mediation (sometimes focus countries as key barriers to
facilitated by government institutions survivors’ access to justice.
and NGOs that address violence) in
Despite the undeniable advances made in
Afghanistan:
Honduras, systematic impunity persists
in the face of numerous acts of GBV.
“Unstandardized mediation is affecting These deficiencies translate into a very
the survivors, which will result in small number of trials and convictions
them facing violence again. I am not that are pending as compared to a
against this mediation, sometimes it high number of complaints. Women’s
works, but mostly this unstandardized organizations affirm that 96 per cent of
mediation itself is the reason for cases of violence, femicides and domestic
violence against women. In our society violence go unpunished.295 Furthermore,
individuals by the name of Scholar, or the Electronic Centre for Judicial
Head of Community, who don´t have Documentation and Information296
any licences, are doing mediation in demonstrated that in 2019 a total of
the cases of violence against women. 15,376 cases of domestic violence were
If the process of mediation is specified, admitted to the Courts of Letters and
and certain organizations are assigned Peace. However, only half of these (7,053
for mediation, that would be a fine cases) have a resolution in situ.297
way to handle the cases and do In Afghanistan, of the 280 cases of
mediations.” honour killings that the United Nations
- Key informant from a CSO in Assistance Mission in Afghanistan
Afghanistan (UNAMA) documented from 2016 to 2017
(two years), only 50 (18 per cent) of the
cases resulted in the conviction and
imprisonment of the perpetrator.298 As
has happened in the past in Afghanistan,
the majority of murder and honour
killing cases involving women were not
prosecuted. In over one third of the cases

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 89

recorded over two years (2016–2017), CORRUPTION AND LACK OF
the police never referred the case to JUDICIAL INDEPENDENCE
prosecutors.299

Penalties for GBV perpetrators are often “Everyone feels insecure, even the
viewed as insufficient, which demoralizes Government.”
survivors and chills reporting. However,
an informant in South Sudan shared a – Key informant in South Sudan
case where a perpetrator was charged
with two rape counts (he had raped two
Corruption in the police forces and
sisters under the age of 18). Though
judiciary can affect justice responses
the maximum sentence for rape is
to GBV survivors. In South Sudan,
14 years, the perpetrator received an
informants emphasized that personal
unprecedented 40-year sentence (which
relationships and patronage take priority
included additional years for robbery
over merit in hiring for police. Some
and possession of a firearm). To the
former soldiers from the conflict are
informant’s knowledge, this is the longest
recruited as police officers and have
sentence someone had received for a
never been trained as police officers,
rape case and is a significant milestone
resulting in uneven implementation of the
in South Sudan. An informant in a
laws. Additionally, the chain of command
separate study shared the experience
(from heads of police at the top, to police
of her daughter being abducted by her
managers in the middle, down to police
husband’s family, who then sold her
officers on the ground) is weak, so even
into marriage with a violent man for 15
when there is support around GBV from
cows. The husband’s brother beat the
the heads of police, this does not always
daughter so that she would comply with
translate to effective police response to
the marriage. Ultimately, the daughter
GBV survivors. The judiciary of South
managed to escape and return home
Sudan faces significant challenges with
to her mother, who took her to receive
judicial independence and corruption.
medical treatment for her injuries.
Judges, like parliamentarians, are
Although the violent husband and uncle
appointed rather than elected, thus they
spent time in prison, according to the
are incentivized to please their bosses,
mother:
hindering their independence and limiting
their space to exercise true justice.
“…they will both be set free. The Even though there is a judicial services
uncle will pay back the cows, and the commission that is meant to oversee
husband will pay a fine of one to two the work of judges, as one informant
cows for mistreating the girl, but the said, “…everything is about the decree
uncle will receive the cows.”300 from the Office of the President.” Further
threatening the judiciary’s independence
is corruption.
Even when justice is meted out in
response to GBV in South Sudan,
survivors may not feel like the recipients
of that justice.

90 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

Some judges are perceived to have taken
bribes to accept cases, or rule a certain “The precautionary actions and
way: measures are not sufficient. When the
judges and prosecutors are going to
provinces for their duty especially in
“People are poor...if I have a case Panjshir, Kapisa, Parwan, Khost and
today and I have money, maybe I’m Wardak [provinces] they face many
on the wrong side, I pay 1000 dollars, security threats. As they don’t have
or 500 dollars to a judge. He will take any personal transport, they are going
it because he is paid less than 100 in public transport which is risky for
dollars salary; maybe they are paid them. Many judges are also threatened
like 20 dollars, that’s their salary. and blackmailed.”
They take that...so the independence
- Key Informant in the Afghan
of the judiciary is in question in South
Government
Sudan.”

– Key informant in South Sudan

THE ROLE OF INFORMAL
Judges in South Sudan have also had JUSTICE SYSTEMS IN
their lives threatened and suffered DELIVERING JUSTICE TO GBV
intimidation when refusing to drop SURVIVORS
certain cases. One key informant shared
the story of her own sister, who had been Customary and informal justice systems
experiencing IPV and living separately (CIJS) deal with many of the most
from her husband. Her husband came common justice problems that women
to the home in a military car and took face such as family matters, land related
the children away. When the case was disputes and debt disputes, as well as
working its way through court, the judge GBV. Therefore, it is important to engage
had his life threatened because the and improve not only formal justice
husband had connections to one of South systems but also CIJS, in their various
Sudan’s most powerful military generals. forms. This requires understanding
Ultimately, the case was transferred to the challenges that are presented by
another judge, and the informant’s sister CIJS, which are multifold: CIJS tend
is still living without her children. to prioritize community cohesion or
reconciliation, rather than women’s
In Afghanistan, prior to the 2021 Taliban rights. A CIJS builds its legitimacy and
takeover, the police and the judiciary authority from culture and tradition,
were also affected by corruption. which often may reflect social norms
Criminal networks infiltrated Afghanistan that may not be gender equal. In fact,
and worked with political elites to profit some forms of violence (particularly
off the illicit drug economy. Both police harmful practices such as so-called
and judiciary members are perceived honour killings, sorcery related violence,
as having demanded bribes, deferred female genital mutilation, and others)
arrest, and otherwise influenced legal are sometimes justified on the basis of
proceedings. A key informant detailed the culture. Proceedings adopted by CIJS
challenges facing justice actors: may also violate women’s rights, such as
not treating women or their testimony on

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 91

an equal footing with men, having public to Sudan. Under this traditional system,
hearings in GBV cases and limiting the local chiefs, or Boma chiefs, lead the
participation or representation of women courts. These chiefs can reflect harmful
in the proceedings.301 patriarchal attitudes present in South
Sudanese society:
Moreover, disadvantages faced by
women while accessing justice are
further compounded by intersecting “It is common in our custom to beat a
marginalization such as poverty, ethnic woman when she has made a mistake
status, disabilities, gender or sexual – not to the extent of killing her
identities. completely, but to discipline her.”

Informal justice systems coexist with (Male chief in Rumbek)303

formal justice systems in South Sudan,
PNG and Afghanistan, and informal
Women and girls who are raped may be
justice is also recognized in the forced to marry their perpetrator. Women
Philippines. seeking justice or protection from IPV
may be forced to return to the husband
or family, and women seeking divorce are
“Traditional court is always negative
expected to pay back their bride price,
for women.”
which is often economically infeasible.
– Key informant from a CSO in South Women may also lose access to their
Sudan children if they pursue divorce.304

In PNG, GBV survivors access justice

In South Sudan customary law is the within a mixed legal system that
most common form of conflict resolution, recognizes formal and customary laws,
even though the customary system is as stipulated in the Constitution and
not meant to address GBV. The Local Underlying Law Act, 2000. Although the
Family Protection Act clarifies the roles
Government Act, 2009,302 prevents the
of actors within the dual justice system
customary system from adjudicating
[e.g., village court magistrates are
criminal cases, and violence is
authorized to provide interim protection
considered criminal.
orders (IPOs) to women experiencing
Furthermore, the customary system domestic violence and to refer breaches
technically answers to the formal justice to the district court], actors within
system, with customary decisions able customary systems do not always have
to be appealed to the statutory courts. a clear understanding of their mandate
However, in practice, informants report under the law:
that few seem to realize this is the
case and there is little coordination “A lot of the new laws, I learnt from the
between the two systems. The customary radio, some of them are the sorcery
system tends to marginalize the needs act, family act, cyber law, polygamy
of GBV survivors, and many survivors law. I have not got direct training.”
do not feel satisfied by the customary
– Village court magistrate in PNG 305
process. The latter is patriarchal, and
in some ways influenced by sharia law,
a vestige of South Sudan’s relationship

92 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

Lack of training becomes a serious disputes or community issues. Once a
issue when village court magistrates survivor decides to present a complaint,
start mediating criminal cases involving elders and male family members of
physical and sexual violence. For both the wife and husband form a jirga;
example, key informants noted that when a decision is made by a mediator and
the Sorcery Act was repealed in 2013, the both the wife and husband must respect
provisions in the Village Court Act that it. In such cases, the family jirga will
allow village courts to address sorcery usually convince both husband and wife
concerns were not removed. Village court to reconcile, and advise the woman to
magistrates are only meant to address endure any violence. The jirga does not
accusations of sorcery, and not SARV. typically respect the confidentiality of
However, because the belief in sorcery is cases.
so prevalent, many local leaders, church
communities, and village court officials
address cases of extreme violence “One challenge that women face is
and killing. This can lead to negative that their families and society will not
outcomes for the accused: allow them to seek formal justice.
And in jirgas they are forcing women
to forgive the perpetrator and not to
“The overwhelming thing that refer her case to the justice sector. The
survivors want is just for people to stop decisions (of jirgas) that are based on
thinking they are a sorcerer and to be customary laws will take them back to
able to go back and live a normal life in violence.”
their community.”
- Key informant in the Government of
– Key informant in PNG Afghanistan

Survivors of SARV often must move away

“The challenges and problems at
from their original community, and it can
justice sectors causes families to go
take decades before they can return. This
for customary law, as it is less time
is where the role of community leaders
consuming. But the problem with
and village courts is crucial: to ensure
customary law is that it is biased
that those accused of sorcery are not
towards men rather than women. Most
further stigmatized or victimized, and
of the times, women are not involved,
don’t have to relocate (in some instances
and decisions are taken without their
to a different province). In recent years,
presence.”
with the spread of social media and
technology, sorcery accusations follow – Key informant from a CSO in
people even when they relocate, which Afghanistan
enables the risk of violence to continue.

In Afghanistan, most domestic violence

cases are resolved within families by
relatives through jirgas, or customary
gathers of elders informally empowered
to take decisions for families or
individuals, often around resolution of

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 93

The Philippines is home to tens of
millions of indigenous peoples, and their “A challenge is the legal system of
right to self-governance is guaranteed the Moro, particularly the unwritten
by the Indigenous Peoples Rights Act. practices of the Moro people. They
Various indigenous cultural communities have an umpungan (“counsellor”).
treat GBV cases differently (in terms of When the woman goes to the
defining what constitutes GBV and the counsellor, she is usually told that she
penalties that attach to their commission, needs to go back to her husband. It is
if any), and may address GBV in a way an area for legal pluralism because
that differs from state law. Often, as in interpretation is left to the discretion of
other settings, preservation of the family the umpungan, depending on how they
and community is prioritized in customary interpret the practices. Thus, there is a
justice. One key informant shared need for different approaches for Moro
particular challenges of customary and IPs.”
justice in an indigenous community: - Key informant from a government
body in the Philippines

94 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

 INNOVATIVE PRACTICES TO INCREASE ACCESS TO JUSTICE
Considerable investment has been made by donors to end GBV, including in focus
countries. Although emerging results are positive in some countries, the recent
experience in Afghanistan is a testament to the fragility of these gains.

Below are some examples of innovative approaches to increase access to justice for GBV
survivors.

Box 14: Overview of specialized GBV justice mechanisms in six countries

Afghanistan
(before 15 Honduras PNG Philippines South Sudan Tunisia
August 2021)

Specialised Yes Yes Yes Yes Yes Yes

police or
prosecution
units

Specialised Yes Yes No No Yes No

GBV courts

Protection No Yes Yes Yes No Yes

orders
available to
survivors

Specialized Yes, Yes, Yes, Yes, Yes, Yes,

mechanisms
elimination National collected by developed by incipient
for data National
of violence Observatory the FSVUs the Inter- efforts
collection and Observatory
against women on Violence, at of the Agency using GBV
review on Violence
database the National Royal PNG Council on Information
Against
mandated by Autonomous Constabulary Violence Management
Women
LEVAW University of against System
Honduras Women and
their Children,
but poorly
systematized

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 95

SPECIALIZED POLICE AND service for GBV survivors.308
PROSECUTION UNITS FSVUs primarily address minor criminal
Specialized police and prosecution units offences. FSVUs deal with a considerable
can contribute to enhancing the visibility number of civil matters that relate to
of GBV and provide key entry points for family or domestic discord, including
women seeking to access the justice divorce and infidelity. In addition,
system.306 One of these approaches FSVUs are part of a referral network
is women’s police stations, which are that provides key services for women
primarily staffed by women and serve experiencing violence and play a vital
functions that regular police stations do, role in informing survivors about FPOs. A
like obtaining protective orders in cases study on FPOs found that IPO applicants
of domestic violence. Many women’s are most likely to hear about FPOs from
police stations have been established the police (including FSVUs).309
in Latin America (with Brazil having the Though FSVUs are a critical resource for
largest number focused on GBV), as well GBV survivors in PNG, challenges exist.
as in countries such as India, Liberia, An evaluation of FSVUs in 2015 found that
Philippines, Sierra Leone, South Africa few complaints brought to the FSVU were
and Uganda. However, women still face investigated and even fewer prosecuted
significant challenges in approaching due to lack of resources, case overload,
women’s police stations, including lack of withdrawal of complaints to accept
physical access (especially for women in compensation in lieu of adjudication, and
rural areas) and limited language skills. the lack of interest from some police
A women’s police station also does not personnel.310 Variability in service quality
guarantee quality service to survivors, as from officer to officer at FSVUs can result
an all-women staff may still perpetuate in an uneven response to survivors.
harmful gender norms. Gaps in capacity FSVUs are also not currently recognized
and resources also impede the delivery of as a part of the formal structure of
quality services, negatively impacting the the Royal PNG Constabulary, though
experience of survivors.307 For women’s a proposal to formalize their position
police stations to be successful, they is ongoing. One key informant working
must be adequately funded, closely closely with the FSVUs commented, “even
monitored, and made accessible to rural if FSVUs are made mainstream in the police
and other hard to reach populations. structure, they would still be dismissed
Many countries of focus in this research as dealing with women’s problems.” This
have established specialized police indicates a need to address the negative
units and protocols to deal with GBV beliefs and attitudes of police, including
cases. Created in 2008 by the Royal further training on the rights of women,
PNG Constabulary, Family and Sexual and the responsibilities of police as duty
Violence Units are a specialized police bearers.
mechanism mandated to prevent, The COVID-19 pandemic has had an
protect and investigate family and sexual impact on survivors accessing justice,
violence offences and respond to the especially in the PNG Highlands where,
needs of survivors. Currently, FSVUs when women went to the FSVUs, police
exist in 25 police stations across PNG and officers were often unavailable as
are viewed as the main frontline police

96 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

they were out in communities raising the work of specialized courts (e.g.
awareness about the virus in the local the Sexual Offences Courts in South
languages. Africa, which are staffed by police,
investigators, social workers and health
In South Sudan, Special Protection Units
care professionals); (2) multidisciplinary
are available at some police stations
teams with advocates, paralegals,
and have been a feature of policing since
investigators etc.; or (3) specialized
before South Sudan’s independence.311
prosecution units with specially trained
These units are GBV desks staffed with
prosecutors such as the former
personnel trained to work with GBV
Elimination of Violence Against Women
survivors. There are some challenges
Units under the Attorney General’s Office
in ensuring the space in the police
in Afghanistan.313
station allocated for survivors is used
appropriately by police. Key informants Honduras has created several special
noted occasions when police officers entities to investigate and prosecute
had used designated Special Protection crimes against women and girls. The
Unit space for storage or offices, in some Special Prosecutor’s Office for Women’s
cases because they were not being used. Protection in Honduras addresses
domestic and sexual violence cases,
They face similar challenges to those
while the Special Prosecutor’s Office
of the FSVUs in PNG, such as lack of
for Crimes against Life investigates
resources, failure to be systematically
all homicides, including femicides and
included within the police infrastructure,
murders of women that do not meet
and uneven quality of service from police
the criteria for femicide. Additionally,
officers.
informants shared information about
Prosecutors play a key role in ensuring the Specialized Comprehensive Care
that effective investigations, including Modules314 in the Public Prosecutor’s
evidence collection, have taken place. Office, which aim to ensure the rights
Specialized prosecution units investigate of survivors of VAWG throughout
and prosecute cases of violence against the justice process, with special
women, support survivors and fast- attention to vulnerable groups such
track cases. If adequately resourced, as children, adults, disabled persons,
specialized prosecution units (especially ethnic communities and the LGBTQI+
those associated with specialized population.
courts and police units) can increase
prosecutions and convictions and improve
SPECIALIZED GBV COURTS
case management.
In some circumstances, specialized
However, there are challenges
GBV courts are recommended to
associated with specialized units such
mitigate the challenges faced by GBV
as marginalization within general
survivors in accessing regular courts.
prosecution services, heavy reliance on
These challenges can include divergent
sustained financial resources, which
legal domains and procedures that
may not always be available, and the
lead to fragmented remedies, gender
fact that most of them are urban centric.
insensitivity of justice actors, and
Specialized prosecution units can take
lengthy and costly court processes due
many forms,312 including (1) specialized
to the overburdened justice system.
justice professionals to complement

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 97

Specialized GBV courts have the potential tension is that many perpetrators of
for greater expediency, higher gender CRSV were armed military actors. The
sensitivity, better safety and satisfaction military has a separate justice system
outcomes for survivors, and enhanced for adjudicating over crimes, creating
accountability. Specialized courts can ambiguity regarding jurisdiction.
also provide specialized features, such as Informants called for better monitoring
closed session hearings. However, these of the GBV Court to ensure it meets
courts often face the same challenges survivors’ needs.
that regular courts face, including
A hybrid court addressing CRSV was also
lack of trust in the court by survivors,
established through Chapter V of the
geographical distance and high fees,
R-ARCSS but has not yet come into force.
which limit survivor access.
Once available, the hybrid court will be
Several countries have piloted special headed by international legal experts
GBV courts, such as Honduras, which and several national lawyers and judges.
established the Special Courts for It will be based outside South Sudan to
Domestic Violence across some provide an additional level of safety. The
departments. hybrid court aims to be gender-sensitive
and will have several women on the legal
South Sudan, with its complex conflict
team.
and humanitarian setting, offers
interesting fledgling examples of Mobile courts have also been established
specialized courts for GBV survivors. The across South Sudan to enhance regional
GBV and Juvenile Court, established by accessibility to justice. These courts
the R-ARCSS (peace agreement) is the were established by UNDP and are
first specialized court in South Sudan supported by United Nations partners.
to address GBV. The GBV Court (as it Mobile courts are vital to supporting GBV
was referred to by key informants) has survivors, as most rural locations do not
been established by the United Nations have ready access to the formal justice
Development Programme (UNDP) and system. Key informants highlighted two
other United Nations partners and is a mobile courts of particular importance: a
result of substantial advocacy from the sexual and gender-based violence court
GBV Sub-Cluster. Informants shared how under the United Nations Protection
it is focused primarily on conflict-related of Civilians camps, and a mobile court
sexual violence (CRSV), which means that located in Eastern Equatoria supported
addressing other forms of GBV (like IPV) by UNDP and Steward Women, a CSO, in
remains a justice gap. partnership with the National Alliance
of Women Lawyers. Steward Women
The GBV Court is designed to be gender-
litigates most of its cases through the
sensitive and staffed with well-trained
mobile courts, in addition to offering
personnel, ensuring privacy for survivors
transportation, meals and security for
during the court process. Though the GBV
judges, prisoners and survivors.
Court is currently operational, it faces
substantial delays in processing cases
due to bureaucracy. One key informant
noted that approximately 6,000 cases
were waiting to be tried as of 2020, many
of which are still pending. An additional

98 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

HUMANITARIAN SECTOR However, given the transitory nature of
APPROACHES TO ADDRESSING UNMISS’ mandate, one informant from
GBV a CSO expressed fear that women may
be left unprotected, or unable to access
The humanitarian sector has developed the courts, if UNMISS were to shut
approaches to strengthening access to down. The mandate of UNMISS is also
justice in the midst of complex conflict narrowly focused on humanitarian action
and humanitarian contexts. as opposed to development activities.
South Sudan offers an example of this Though this narrow scope of work is not
humanitarian approach through the a requirement of other United Nations
United Nations Mission in South Sudan and NGO actors working in South Sudan,
(UNMISS). UNMISS was created in other actors have followed UNMISS’
the immediate wake of South Sudan’s lead, also limiting their funded work to
independence in 2011 for the purposes humanitarian activity. This has obstructed
of protecting civilians, promoting support for the strengthening of justice
and maintaining peace, addressing institutions and the capacity of justice
humanitarian needs, and documenting actors, and the implementation of GBV-
human rights violations. Established related laws.319
by the United Nations Security Council The GBV Sub-Cluster is also a crucial
originally with a one-year mandate, it actor in GBV prevention and response
has been consecutively renewed given in South Sudan. The GBV Sub-Cluster
ongoing security and humanitarian is a function of the Global Protection
concerns in the country.315 Cluster, a network of multilateral,
Critical life-saving measures were NGO and international NGO actors
taken by UNMISS during civil conflicts who are engaged during humanitarian
that have erupted since independence, emergencies.320 The GBV Sub-Cluster
including the establishment of Protection is the coordinating body that works
of Civilians sites, which sheltered tens across sectors to ensure scale-up of GBV
of thousands of South Sudanese citizens services across the country, including
fleeing violence.316 As the security legal services. The GBV Sub-Cluster has
situation has recently improved since the also established a Rule of Law Technical
heights of the conflict, UNMISS began the Reference Group, led by Steward Women.
process of withdrawing troops from these This innovative group works to protect
sites in 2020.317 Informants described women and girls and strengthen access
the key role UNMISS has played in to justice and services for survivors. They
connecting GBV survivors with justice, have improved coordination, built justice
including offering transportation of legal capacity, and strengthened the rule of
experts to survivors in more rural areas law. During COVID-19, the Sub-Cluster
and the utilization of the mobile courts for used an online platform for capacity
GBV survivors. UNMISS also worked with building efforts across all 10 states of
UNDP to establish the first GBV Court South Sudan so their work would not be
in South Sudan (in Juba) and conducts impeded by the pandemic.
training of key justice actors on juvenile Informants shared how the protection
issues.318 and humanitarian lenses through which
GBV is addressed by humanitarian actors
can complicate access to justice for

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 99

survivors. While protection colleagues LEGAL AID, PARALEGALS AND
are often positive partners in GBV OTHER COMMUNITY-BASED
advocacy, they have a tendency to apply ACCOMPANIMENTS AND ACCESS
a more general protection lens to justice TO JUSTICE SUPPORT
interventions, rather than a GBV- or
justice-specific lens. Key actors may
narrowly define their mandates around “The problem with the justice sector
humanitarian programming. This can is that when a GBV survivor wants
limit the engagement of important to report violence they face many
actors in strengthening access to justice. challenges, the first being not having
Indeed, the GBV Sub-Cluster arises from access to a lawyer, which is very
the Global Protection infrastructure, common in the provinces.”
whose mandate is tied to humanitarian
Key informant from a CSO in
emergencies. Greater effort should
Afghanistan
be made to draw the link between
humanitarian and development needs,
with access to justice for GBV survivors Legal aid is necessary to enable survivors
crucial to both sets of goals. who cannot afford private lawyers to
Additionally, given the complexity and receive representation and support
depth of the humanitarian challenges in in navigating court processes, as well
the focus countries and beyond, needs as to achieve better legal outcomes
that are perceived as more urgent and break the cycle of GBV.321 Often
or lifesaving can be prioritized over in low- and middle-income countries,
providing an adequate GBV and justice NGOs offer legal aid. Steward Women in
response. Even when funding is dedicated South Sudan has created four legal aid
to GBV response, this funding is often clinics in-country to support survivors
not given to local organizations who in legal decision-making and access
are closest to the needs of survivors. to services, and they litigated the first
Informants stressed the importance of child marriage case in South Sudan
strengthening the local organizations that in 2019 (within the GBV Sub-Cluster).
are most familiar with the context and Even with these efforts, legal aid work
survivor needs, with large international remains challenging, and most survivors
actors playing more of a supportive, have to pay out of pocket if they wish to
capacity strengthening role. receive representation.322 This dearth
of experienced legal representation
available to GBV survivors hinders their
access to justice.

Sometimes, publicly funded programmes

offer legal aid, as in Tunisia where
there is a legal aid office in every court.
However, this system often fails to
function and serve survivors as intended.
In the Philippines, UN Women, the
International Commission of Jurists
and the Office of the United Nations
High Commissioner for Human Rights

100 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

(OHCHR) are implementing a five-year promise in countries where they are
programme to address this issue: available to survivors, they are not
Enhancing Women’s Access to Justice in particularly effective in preventing
Asia and the Pacific.323 This programme is violence.
meant to bridge the gap between formal
In Honduras, protection orders
and informal systems through women’s
are available to GBV survivors, and
empowerment. It includes paralegal
some survivors are also eligible for
trainings with women leaders in Quezon
a witness protection programme if
City and Davao City to increase their
their participation in a criminal case
knowledge about the various GBV laws
endangers them or someone close to
and boost the capacities of women in
them (for example, if they are engaged
communities to strengthen survivors’
with organized crime).325
access to justice.
However, informants identified two key
Community paralegals offer a unique
challenges with protection orders: delays
opportunity to strengthen GBV survivors’
and impunity. Even though the law states
access to justice. Though paralegals do
that security measures must be applied
not operate as lawyers, they often work
immediately, lengthy delays are common,
under the guidance of a trained lawyer
and sometimes the survivor must follow
and can offer substantial support to
up repeatedly for them to be enforced.
survivors. Community paralegalism takes
There are unjustified delays in carrying
a holistic approach to justice, which is
out the necessary procedures for the
often well-suited to the complex web
arrest of an aggressor, mainly due to a
of social issues facing GBV survivors
perception that cases of violence against
seeking justice, and women are more
women are not a priority.326
likely to seek paralegal services than
men. Evidence on community paralegals
emerging from Africa indicates promising “The law says that security measures
opportunities for survivors. A community must be applied immediately.
paralegal programme in South Sudan, for Complaints must be sent within 24
example, was successful in lobbying the hours from the Prosecutors Office to
Government to appoint female chiefs in the courts, but this does not happen in
two Boma districts.324 practice. This causes the woman not to
continue the long process, since they
INCREASING ACCESS TO want a quick response. If a woman
files a complaint, she receives care
PROTECTION ORDERS
two or three months later, creating a
Protection orders are considered an difficult environment for her.”
important tool for protecting women. As
- Key informant from a CSO in
opposed to mediation, which treats both
Honduras
parties as equal participants in a case of
IPV, protection orders are designed to
give GBV survivors greater protection.
Several countries, including South Sudan,
do not currently have a mechanism for
survivors to access protection orders.
While protection orders show some

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 101

Second, there is no assurance that the or councillor must immediately issue it
aggressor will be arrested right away on the same day, after the completion of
or that the protective measures will be their ex parte determination.332
monitored, which discourages survivors
On the other hand, temporary and
from reporting:
permanent protection orders are issued
by the family courts or regional trial
“There is no unit that monitors courts having jurisdiction over the
whether the aggressor is complying place where the survivor resides.333
with the protective measures. The Barangay officials, law enforcers
survivor has to inform the court and other government officials are
if there is a breach, and this is a not allowed to mediate, conciliate or
responsibility that should be exercised influence the survivor from pursuing
by justice operators. In the case of a barangay protection order, but in
a breach of the protective order, the practice, incidents of officials insisting on
perpetrator pays a fine in the Attorney mediation and convincing survivors not to
General’s Office and nothing happens.” continue with a barangay protection order
application because of the perception that
- Key informant from the Honduran the violence was the woman’s fault are
judiciary not uncommon.334

Unlike the protection orders under the

In the Philippines, aside from defining Anti-VAWC Act, which has more extensive
violence against women, the country’s coverage, including the prohibition to
Anti-VAWC Act has introduced protection contact the survivor, the restraining order
orders as a means to prevent and under the Safe Spaces Act, which covers
safeguard women and their children gender-based sexual harassment in
from further acts of violence.327 It streets, public spaces, online, workplaces
provides for three types of protection and educational or training institutions,
orders: (1) barangay protection order; is limited to directing the perpetrator to
(2) temporary protection order; and stay away from the survivor at a distance
(3) permanent protection order.328 Any specified by the court.335
citizen having personal knowledge of the
circumstances involving the commission
of violence against women and children
may file a petition for a protection
order329 or a criminal complaint because
violence against women and children is
considered a public crime.330

The barangay Violence Against Women

(VAW) Desks are primarily tasked to
assist survivors in securing a barangay
protection order and accessing
other necessary services.331 Once an
application for a barangay protection
order is received, the barangay captain

102 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

In PNG, there has been an emphasis 14.8 days to issue an IPO, and although
on making protection orders more a study found that more IPOs are being
accessible to women. This not only issued, numbers vary considerably
increases women’s access to justice across the provinces. Only six district
but also reflects a survivor-centred courts registered more than 100 IPOs in
approach, as the majority of survivors 2018 with very few cases in the Highland
state that they want to stop the violence, provinces, which have some of the
not put their partners in jail: highest regional rates of GBV in PNG.338

Attrition is also a challenge with

“A lot of women in the communities protection orders. Among the 67 per
say, we don’t want our husbands to go cent of clients at a case management
to jail, we want him to change.” organization called Femili PNG who
received an IPO, only 39 per cent went
– Key informant working with a on to have the IPO converted into a
donor funding mechanism in PNG protection order.339 The main reasons
for attrition were that clients did not
Two types of FPOs exist: interim return to pick up the applications or
protection orders (IPOs), issued for 30 did not appear in court. Some women
days with the possibility of a 30-day gave up due to lengthy delays, difficulty
extension, and longer-term protection navigating the complex process and
orders, imposed for up to two years. paperwork, regular court adjournments,
Only district court magistrates can issue and the clerk or magistrates being away
both IPOs and protection orders. Upon for weeks at a time. Others cited changes
application, FPOs protect survivors from in the husband’s behaviour, safety
immediate threat of harm. In addition to concerns, or the client returning to her
prohibiting physical violence, FPOs can home village.
impose conditions to stop drinking, to Customary justice processes can also
stay away from the survivor’s residence, lead to further attrition and affect an
or avoid contact. Breaching an order’s applicant’s willingness to pursue an
conditions is a criminal offence with a FPO. The attitudes and practices of the
maximum penalty of up to three years magistrates also seem to play a big role
imprisonment and/or a 10,000 kina in obtaining an FPO. Although there is a
fine.336 Although FPOs are considered low burden of proof to issue an IPO (with
effective and low-cost tools for protecting survivors able to obtain them the same
women from domestic and family day), magistrates often follow customary
violence, complex challenges around mechanisms and prefer to let men have
implementation exist. a say in the process. Compliance with
Approximately one-fifth of the PNG protection orders has been promising,
population have heard of IPOs, and with one study on FPOs finding that 70.1
more than 80 per cent of IPO applicants per cent of respondents complied with
felt safer as a result. However, many the IPO, with their respect or fear of the
applicants felt unsure of their safety in law and acknowledgement that their
the long term, as they face increased risk behaviour had to change being primary
in the few-week period after an order is deterrents for violence:340
served.337 Further, it takes an average of

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 103

 ENGAGEMENT WITH CUSTOMARY
“Once the husbands see that the law
AND INFORMAL JUSTICE
is involved, it tends to deter their
behaviour.” In countries where CIJS exist alongside
formal justice, there are often efforts to
– Key informant working with a
engage with these CIJS to ensure they
donor funding mechanism in PNG
address the needs of GBV survivors.
Engagement with CIJS should always be
However, available data from the FSVU preceded by research that examines the
and district court revealed very few needs of GBV survivors and how best to
charges or convictions for breaches of address these needs without unintended
FPOs. Of the breaches that go to court, consequences.
the outcome tends to be fines instead of
jail time. One example is the Women, Peace
and Security Barometer, developed by
FPOs provide hope to survivors in PNG Cordaid, which facilitates collective
and might work well in other settings. consultations with local women to
However, careful training and support understand justice and security needs.341
for police and village and district court Efforts have included training to address
magistrates is needed to ensure that harmful gender and social norms that
FPOs are used appropriately. Monitoring negatively impact survivors’ experience,
long-term outcomes is also essential and getting more women appointed in
to assess the effectiveness of the customary justice actor roles.
intervention over time and protect
survivors from future violence.
“The informal and traditional justice
Key informants for this study who are
systems work, as part of civil society; I
practising lawyers have clarified that
am not against that. The only concern
protection orders are also available to
is about the involvement of women
survivors of violence in Tunisia, where
in informal and traditional justice
they are offered for up to six months with
systems. If there are jirgas or shuras
the possibility of renewal. The penalty for
[local councils] that involve men, and
deliberately violating a protection order
women and take part equally on taking
is up to one year imprisonment and a fine
any decision, this solves the problem
of 5000 dinars. There are no data as yet
at a community level. There are shuras
on how protection orders are working
in many provinces like Faryab, Kunduz,
to increase protection of survivors from
Kapisa and Parwan where men and
violence in Tunisia.
women are working together, which is
much more effective for dealing with
the cases.”

- Key informant from a CSO in

Afghanistan

104 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

In the countries of focus, examples TRAINING OF JUSTICE PROVIDERS
include the Philippines, where advocacy
for reform within the customary system There are ongoing efforts across the
(by groups such as Women’s Legal and focus countries to strengthen justice
Human Rights Bureau) has led to a move actors’ capacity, address the needs
away from mediation, and to survivors of GBV survivors, and build trust with
and perpetrators being separated during communities, with some success.
justice processes. In PNG, village Among the efforts mentioned in our focus
magistrates are being trained, and countries is a police and social worker
more women are now included in village training and coordination programme
courts. in South Sudan led by IsraAID, which
In South Sudan, the Women Development has demonstrated some effectiveness.
Group (WDG) is working with local chiefs Several informants from the country
to draft customary laws that consider reported encouraging experiences
women’s rights and inheritance. It has training police, including a head of police
also pushed for the Government to who was supportive of training, and a
allow more women to become chiefs, small unit of female police officers who
a position that has been dominated by were passionate and eager to learn.
men. There are now as many as 200 These successes, however, appear to be
women chiefs in South Sudan where driven more by individual personalities
there used to be none. WDG and Steward than by structural adequacies within the
Women both partner with judges from national police force.
the formal system to train local chiefs While trainings for justice actors have
on the relationship between the formal most often prioritized police and social
and informal traditional system to workers, there have been efforts by
better understand what should go to the governments, NGOs, multilateral and
criminal court. Steward Women works bilateral actors to build the capacity of
with the traditional courts to build their judges, including an IDLO programme to
capacity using human rights standards strengthen the judiciary of South Sudan
and ensure that they handle their cases by facilitating training and increasing
using survivor-centred approaches. access to legal resources.344
Other good practice examples of CIJ In the Philippines, one example is from
engagement can also be found in Somalia the Balay Alternative Legal Advocates
where promising results of women’s for Development of Mindanaw, an
participation in CIJ systems, including as organization working to build the
adjudicators, counsellors and advisors, capacities of local government units,
can be seen342. IDLO has also documented especially the barangays, since most laws
promising approaches in its issue brief require execution by these units (e.g., the
on Women and Customary and Informal filing of barangay protection orders).
Justice Systems 343.

Under the Safe Spaces Act of 2019 in

the Philippines, the Metropolitan Manila
Development Authority (together with the
Philippine National Police) is designated

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 105

as the Anti-Sexual Harassment Enforcer. systematize the collection of GBV data in
In this capacity, the authority is supposed humanitarian settings. Meant as a tool
to train traffic enforcers on gender for GBV service providers, the system
sensitivity. This training, however, has not promotes the safe, ethical and systematic
yet been implemented. collection of GBV data. It allows service
providers to better understand their own
data and share data across sites. The
SPECIALIZED MECHANISMS FOR
GBV Information Management System
DATA COLLECTION AND REVIEW is strengthening the collection of data
A key aspect of ensuring that justice in complex contexts, including in South
meets internationally accepted quality Sudan.
standards is to regularly monitor justice
In our countries of focus, Honduras
institutions and personnel. Monitoring
and Tunisia provided some examples.
and evaluation can address evidence
Specifically, Honduras has relatively
gaps, identify best practices in justice
strong data on violent crimes against
delivery, and inform future law, policy and
women as compared to the rest of
practice. Monitoring can be conducted
Central America. This is largely due to
internally or through monitoring and
the work of the Institute for Democracy,
disciplinary mechanisms and regulatory
Peace and Security (IUDPAS) of the
bodies such as judicial commissions,
National Autonomous University of
bar associations and law societies.345
Honduras.349 IUDPAS has a National
Monitoring can also be conducted
Observatory on Violence that builds
externally by civil society actors,
and validates a dataset on violent
national human rights institutions and
deaths of women, femicides and
parliamentary oversight.346
fiscal requirements for legal medical
CSOs, including the media, think evaluation of assaulted women,
tanks and educational institutions, injuries and sexual crimes, with the
can play a strong watchdog role in ultimate aim of generating information
monitoring survivors’ experiences through newsletters, research or other
of accessing justice. One example documents to influence public policy.
is the Judicial System Monitoring IUDPAS is considered exemplary for its
Program, established in East Timor capacity to generate, analyse and manage
in 2001, which monitors the justice data, and for its coordination with other
system and engages in advocacy about organizations (from both civil society and
legality, transparency, accountability the government).
and strengthening the rule of law.347
Other organizations have been able to
National human rights institutions
use the data published by IUDPAS to
(such as human rights commissions,
develop materials and influence public
women’s commissions and ombudsmen)
policy. Other CSOs also collect data on
can undertake investigations into
GBV. For example, the CSO Cattrachas,350
human rights violations, review
which defends the rights of LGBTQI+
legislative implementation, and make
individuals in Honduras, maintains three
recommendations for improving laws and
types of registries: one monitors the
policies to better respond to survivors.
murders of LGBTQI+ individuals, another
The GBV Information Management
tracks how social and mass media outlets
System348 was created to better
communicate on issues referring to the

106 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

LGBTQI+ community, and a third monitors • Greater effort should be made to
the Honduran Government’s compliance draw the link between humanitarian
regarding their responsibilities to protect and development needs, with access
the rights of this community. to justice for GBV survivors crucial
to both sets of goals. Humanitarian
The Honduran Women Human
apparatuses are limited in their
Rights Defenders, who are part of a
mandate, often to acute humanitarian
Mesoamerican women human rights
concerns, hindering their ability to
defenders network, monitor human
address longer-term development
rights violations and attacks on women.351
needs such as access to justice.
A review of CSO capacity in the collection
of data on GBV found that one of the main • When survivors are seeking protection
challenges facing CSOs is the lack of orders, they should be offered support
transparency and accessibility of official throughout the process, including in
data.352 the long term once the order has been
served. This more holistic approach
In Tunisia, a national observatory on
to protection orders ensures greater
violence against women was recently
effectiveness and trust.
established by Governmental Decree
2020-126 of 25 February, 2020. The • Monitoring of the judiciary and
creation of this observatory is part of government commitments on justice
Tunisia’s commitments under its law for survivors is needed to ensure
on the elimination of violence against accountability. The judiciary and
women. The national observatory for government must be held accountable
combating violence against women to their commitments to GBV survivors
is a public administrative institution through a clear monitoring framework
with financial autonomy and is placed with appropriate indicators.
under the supervision of the ministry
• Support should be available, such
responsible for women.
as through community paralegals,
women’s organizations and other
KEY LESSONS community-based accompaniment to
empower survivors of GBV to navigate
• Specialized police and prosecution complex justice pathways in the
units and specialized courts must formal and informal justice systems.
be adequately resourced, closely Empowering women is critical to
monitored, and meaningfully engaging with CIJS.353 A range of good
embedded within the justice system practices exist that show how GBV
to be sustainable and effective. survivors can be supported to obtain
Specialized units that lack needed protection or compensation from
resources and stand apart from the customary authorities or to refer their
regular justice apparatus will fail to case to the formal justice system, when
become a useful tool of justice for it has originated in the CIJS.
survivors.

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 107

CHAPTER 6: SERVICES
FOR GBV SURVIVORS IN
COMPLEX SETTINGS
Image Credit: © IDLO
CHAPTER 6: SERVICES FOR
GBV SURVIVORS IN COMPLEX
SETTINGS

SUPPORT SERVICES ARE Box 15: Principles for Service Providers354

CRUCIAL FOR SURVIVORS • safety

ACCESSING JUSTICE
• privacy
Survivors of violence require a variety
of essential services from health • confidentiality
providers, justice and policing systems, • respect
and social services. They may need
psychosocial and legal counselling, • non-discrimination
medical treatment, immediate protection • informed consent
and a safe place for themselves and
their children. Survivors of IPV may need
timely and empathetic information about Most importantly, service providers
divorce and child custody, and survivors should follow a survivor-centred
of sexual violence may need forensic approach that respects a survivor’s right
documentation, prophylaxis for STIs, to identify, prioritize and meet her needs
emergency contraception and police in the safest way possible. Giving power
investigation. to survivors of violence by providing them
with access to information, resources and
Survivors have a range of needs, which services, and respecting their decisions is
underscores the importance of making crucial to survivors accessing justice.
as many coordinated, multilevel and
multisectoral services available and
accessible to them as possible. Global
evidence shows that the first person
a survivor turns to is often a friend or
family member, not a formal service
provider. Linkages between formal
and informal support systems improve
the chances that a survivor, or the first
person or place she turns to, will know
where to receive support in her journey to
accessing justice.

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 109

MULTISECTORAL Box 16: Standard operating procedures

COORDINATION
To ensure quality service provision,
When survivors of violence do seek each provider should have detailed
formal support, it can be difficult to standard operating procedures
navigate a system that works in silos, that outline the roles and
where service providers offer services responsibilities in service provision.
without interacting or being connected Standard operating procedures are
with each other. Such a system often important as they set the guiding
leads to further trauma, including re- principles and ethical standards,
victimization of survivors who may have and coordinate the multisectoral
to relate their experience of violence provision of services. They should be
multiple times to each service provider developed in consultation with key
from whom they seek support. In such a stakeholders and service providers
system, survivors can get lost and drop who will implement them. All service
out of the system. providers engaged in a coordinated
structure should follow the agreed
Multisectoral coordination seeks to
guiding standards or principles and
reduce the effects and consequences of
should ensure adequate resources
harmful experiences and prevent further
and budget are available to provide
trauma, including re-victimization.
appropriate and sustained services
For example, when referred to a
to survivors.
service provider within a coordinated
system, survivors will have paperwork
documenting their case and a phone Multisectoral coordination can take
call will already have been made from place at the national and local levels.
the referring provider, so the receiving These coordination mechanisms
provider is apprised of the survivor’s are often described in laws, national
case. This reduces the number of times a strategies, cooperation protocols, quality
survivor has to relate their experience of standards or referral mechanisms.
violence to providers. These mechanisms are implemented
Multisectoral coordination takes a by law enforcement institutions,
systems approach to coordinate a social services, healthcare facilities,
network of well-trained service providers educational institutions, women’s
with the necessary skills to provide groups and/or other organizations
timely, quality and sensitive support that provide specialized GBV services
to survivors of violence. This requires for survivors. The responsibility of
partnership and cooperation among multisectoral coordination often rests
service providers who follow a set of with a specific governing body or actor.
standards or principles in supporting In most countries, the government,
survivors of violence. A network of supported by the United Nations or other
effective quality services increases the international donors, plays this role while
trust of survivors in the capabilities in other countries a specific organization
of service providers to support them, or body is mandated with coordination
including as they access justice.355 responsibilities.

110 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

 © Global Women’s Institute

For example, in PNG, informants shared data collection on GBV services. However,
that the two key institutions coordinating informants shared that a review of four
actions on GBV are the Family and Sexual pilot provincial GBV secretariats found
Violence Action Committee (FSVAC) at that they were not functioning as planned,
national and provincial levels, and the largely due to a lack of clarity about their
GBV Secretariat, under the responsibility roles, understaffing, and insufficient
of the Department of Community resources and training. Informants
Development and Religion, through the shared that the UNDP is working with the
Office for the Development of Women. Department of Community Development
Both these structures are tasked with and Religion to clarify the roles of
implementing the National GBV Strategy the GBV Secretariat and the FSVAC,
2016–2025, alongside a few additional particularly at the provincial level,
line ministries. as they have a similar mandate. This
example shows that while the focus of
The FSVAC was established in 2000 and
coordinated responses is on increasing
has a coordination, advocacy and support
accessibility to quality and inclusive
role that is guided by an integrated
essential services across health, social
multisectoral strategy. It was created
services, police and justice sectors, it
under the Consultative Implementation
needs to be based on strong foundations
and Monitoring Council, a CSO with
including comprehensive legislation
private sector funding established to
and legal frameworks, resources and
offer policy advice to the Government
financing, adequately trained services
of PNG. The GBV Secretariat’s role is
providers, mechanisms for monitoring
to ensure coordination among sectors
and evaluation, and gender sensitive
working in the GBV field, as well as to
policies and practices.
provide technical support and improved

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 111

REFERRAL PATHWAYS
An essential part of a coordinated system for service provision is the existence of a
functioning referral pathway. A referral pathway links different services and clearly
delineates what service each provider offers and what roles official duty bearers must
play. Clear referral procedures among services are established and connections are
made among service providers. A referral pathway is often mapped out during the
first stages of establishing a multisectoral coordination system. In most contexts,
referral pathways link government services, humanitarian actors and local/grassroots
organizations.

Box 17: Referral pathways in humanitarian settings

In humanitarian settings, there are multiple structures to coordinate and support

GBV interventions such as risk mitigation, response and prevention. The Inter Agency
Standing Committee and the Global Protection Cluster are two such structures. The
2019 Handbook for Coordinating Gender-based Violence Interventions in Emergencies,356
developed by the Global Protection Cluster, provides guidance and a range of tools to
establish coordination among actors in humanitarian emergencies. Another common
standard used in humanitarian settings is the Minimum Standards for Prevention and
Response to GBV in Emergencies, developed by the UNFPA,357 which has been integrated
within existing mechanisms for national and multisectoral responses to GBV, as also
to build capacity of state agencies and civil societies. Additionally, high-level initiatives
such as the Call to Action on Protection from Gender-based Violence in Emergencies,358
launched by the United Kingdom and Sweden in 2013, bring together international
donors and organizations, and national NGOs to advocate for the prioritization of GBV in
humanitarian operations. However, challenges to prioritizing GBV within the humanitarian
system remain, such as the lack of funding for GBV activities and a dearth of monitoring
indicators incorporated into humanitarian response plans.

GBV can be exacerbated in times of conflict or disaster, particularly when rates of GBV
are already high. In the Philippines, when Typhoon Haiyan struck, women leaders shared
that while there were some cases of GBV in the municipalities of Marabut and Basey in
Samar, many survivors did not report the incidents or seek services because recovering
from the typhoon, getting work, and providing food and shelter to their families were
deemed of greater importance than their personal experiences of violence.

In PNG, the 7.3 magnitude earthquake in Hela province in February 2018 led to a joint
response by UN Women, UNICEF and UNFPA to create awareness around GBV and
provide integrated services to women and children, including case management,
psychosocial support and dignity kits.359 UNFPA also trained humanitarian aid workers
on the Minimal Initial Service Package for Sexual and Reproductive Health,360 GBV in
Emergencies, psychological first aid and stress management. While funding dedicated
to addressing GBV in emergencies continues to be limited, COVID-19 has shown the
importance of building resilience across all levels of society and investing in emergency
preparedness.

112 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

Referral pathways help identify the Box 12 provides a comprehensive
various entry points through which a illustration of the referral pathway for
survivor can access care. There should survivors of violence in the National
not be a designated first point of contact Capital District, PNG, based on an entry
from which the referral system proceeds. point through the hotline 1-Tok Kaunselin
Rather, all service providers should be Helpin Lain. This provides a clear
aware of the referral pathway and be able pathway for survivors seeking support,
to activate referrals whether or not they including contact details. Despite this
are the preferred first point of contact for comprehensive referral pathway, most
a survivor. Referral pathways function service providers operate only in urban
effectively when details about specific city centres or provinces, which means
service providers, including up-to-date that the majority of the rural population
contact details, are systematized and doesn’t have easy access to referral
shared among all relevant stakeholders. pathways.

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 113

National Capital District
Box 18: National
Referral Capital District,
Pathway PNG Referralof
For Survivors Pathway
Gender Based Violence
IMMEDIATE POLICE AND LEGAL AFTER IMMEDIATE
REINTEGRATION
RESPONSE ASSISTANCE RESPONSE

Medical Care Police Psychosocial Care Skills Training

Family Support Centre FSVU BOROKO 735 95930 Catholic Family Services GINIGOADA 321 3077
7094 5283 / 324 8246 325 5250
Mon - Fri 8am - 4pm FSVU GORDONS 7169 8387 UYEP
PNG Counseling 7268 0270 / 7191 5061
72 Hours Window to Prevent Association 321 1398
FSVU WAIGANI 7148 0491
HIV, Pregnancy, STIs, HEP B
Relocation And
FSVU BADILI 723 55239 Repatriation
Seif Haus
OXFAM
SOS 324 4235 / 368
323 3853 / 323 1058
HAUS RUTH
320 3375/766 46072
Legal Assistance
HOUSE OF HOPE Support For People With Disability
7227 2480 Legal Training Institute Cheshire Homes 340 2702
326 2244 / 326 2264
LIFELINE 326 1680 Support For Key Populations
Public Solicitors Poro Sapot Program 311 2354
KAUGERI4 SOUARE 325 8866 PNG DLA 323 4734 / 323 6814
CHURCH 7065 8067
Public Prosecutors Office
Support For Street Children
301 2600 / 325 3336
Child Protection PNG Life Care 73476302 / 76017473

WELFARE 321 0400

ANGLICARE 325 1855 /

79094129

Survivor Reports Violence

HOTLINES TRANSPORT

1-Tok Kaunselin Helpim

Meri Seif Line 7222 134
Lain 7150 8000

Sorcery Related Cases (Oxfam) 323 3853 / 323 1058 CIMC 320 3728 / 321 1397

Trafficking Line
(OM / DJAG) 7100 7777

NCD Gender Based Violence Action Committee (GBVAC) Secretariat

324 0801/02

114 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

With the onset of COVID-19, UN In South Sudan, informants shared how
Women and Child Fund helped the PNG the referral pathway for GBV survivor
hotline 1-Tok Kaunselin Helpin Lain, services is clearly defined and well
which offers counselling services and supported by multilateral actors and
referrals, provide 24-hour service.361 NGOs. United Nations agencies provide
Many programmes and organizations support to grassroots organizations
such as Justice Services and Stability through funding, administering safe
for Development Program (JSS4D) and spaces for women and girls, and case
FSVAC turned to messaging via text management and service delivery. The
messages, radio programmes, television GBV Sub-Cluster serves as a convener
and advertisements in papers to inform and coordinating body, supporting
the public that services such as the organizations in sharing what resources
hotline and FSVUs were still available they offer and providing that information
during the COVID-19 restrictions. The to grassroots. Their work ensures that
messaging by text was very effective, the referral pathway is understood
but it created demand for services, by key stakeholders, including local
which became overwhelming for service chiefs. The GBV Sub-Cluster works with
providers. The hotline was unable to service providers to ensure scale up of
attend to many of the calls. Ensuring multisectoral services for GBV survivors
services are available to meet increased (health, safety, security, psychosocial
demand through awareness-raising is and legal), and on GBV prevention and
an important lesson learned from the risk mitigation. The International Rescue
COVID-19 response. Committee (IRC) has been a crucial
actor in health service delivery across
In Tunisia, the lockdown during the
the country and in Protection of Civilians
heights of the COVID-19 pandemic
sites, including for GBV survivors through
also saw an increase in demand for its
GBV clinics.362 IRC also offers safe spaces
violence hotline. The ‘1899 Green Line’
for women and girls. Women’s groups
is a 24-hour, toll-free helpline to report
provide key access points to the referral
instances of IPV. It is managed by the
pathway, and NGOs in South Sudan
Ministry of Women, Children and the
are essential to GBV service provision,
Elderly. Women in Tunisia were calling
including WDG, Steward Women, South
at a rate of five times – sometimes up
Sudan Association of Lawyers, South
to nine times – higher than comparable
Sudan Law Society, and Men Nonviolent
periods the prior year. According to an
Peace Force.
informant who manages the hotline:
While the existence of functioning
“During the confinement, there was no way
referral pathways in complex contexts is
to contact other people, there was limited
promising, they do not always function
travel, the aggressor and the victim were in
as intended. In many countries, services
the same space and there was no possibility
are fragmented, and survivors often don’t
to leave this space.”
know where to go or don’t have guidance
This increased demand during times of on other services available to them.
emergency underscores the importance Access is also a big challenge as many
of the availability of such services. services are concentrated in urban areas.

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 115

 © IDLO

Even for survivors living therein, costs services from specialized service
can be a challenge when services are providers, including one-stop centres
private. and/or from general service providers
such as the prosecutor’s office, private
Strengthening or establishing referral
legal offices or hospitals. Additionally,
pathways involves efforts to develop
survivors may need medical attention and
national or local protocols, establishing
a shelter or safe place to stay. These are
minimum standards of care and standard
the key services that exist in the complex
operating procedures for actors along the
contexts explored in this paper.
referral pathway.363 It is also critical for
referral pathways to be reviewed and kept The Joint Global Program on Essential
updated by conducting regular mapping Services for Women and Girls Subject
and engaging with referral partners to to Violence developed the Essential
ensure survivor-centred responses that Services Package for Women and Girls
reflect emerging developments and Subject to Violence: Core Elements and
needs. Quality Guidelines, 2015.364 By 2019, 58
countries adopted the Essential Services
Package as the standard for provision of
ESSENTIAL SERVICES quality services to survivors of violence.
In order to access justice, survivors Box 19 provides a comprehensive
need a range of essential services to overview of essential services for women
address the complex short-, medium- and girls who experience violence.
and long-term challenges they face. While the essential services and actions
In a coordinated system, a wide range are a useful standard, it is important to
of sectors and actors are involved in note that in most contexts (particularly
providing these services. To access in complex contexts) these services are
justice, survivors typically need legal not always available, functioning or well-
aid support, case management and coordinated.
legal accompaniment, and psychosocial
counselling. They may access these

116 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

 Box 19: Essential Services and Actions for Women and Girls Subject to Violence

Essential Health Justice and Policing Social services

services and
actions 1. Identification of 1. Prevention 1. Crisis information
survivors of intimate
2. Initial contact 2. Crisis counselling
partner violence
3. Assessment/ 3. Help lines
2. First line support
investigation
4. Safe accommodations
3. Care of injuries
4. Pre-trial processes
and urgent medical 5. Material and financial
treatment 5. Trial processes aid
4. Sexual assault 6. Perpetrator 6. Creation, recovery,
examination and care accountability and replacement of identity
reparations documents
5. Mental health
assessment and care 7. Post-trial processes 7. Legal and rights
information, advice
6. Documentation 8. Safety and protection and representation,
(medico-legal)
9. Assistance and including in plural
support legal systems

10. Communication and 8. Psycho-social support

information and counselling

11. Justice sector 9. Women-centred

coordination support.

10. Children’s services for

any child affected by
violence

11. Community
information, education
and community
outreach

12. Assistance
towards economic
independence,
recovery and
autonomy

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 117

 Coordination and governance of coordination

National level: Essential actions Local level: Essential actions

1. Law and policy making 1. Creation of formal structures for

local coordination and governance of
2. Appropriation and allocation of coordination
resources
2. Implementation of coordination and
3. Standard setting for establishment of governance of coordination
local level coordinated responses

4. Inclusive approaches to coordinated

responses

5. Facilitate capacity development of policy

makers and other decision-makers on
coordinated responses to VAWG

6. Monitoring and evaluation of

coordination at national and local levels

Foundational Comprehensive Governance oversight Resource and

elements legislation and legal and accountability financing
framework

Training and Gender sensitive Monitoring and

workforce policies and practices evaluation
development

ROLE OF CIVIL SOCIETY in implementing a variety of measures

to stop violence, and in providing
AND WOMEN’S GROUPS IN services for survivors (legal assistance,
PROVIDING SERVICES counselling, shelters, self-help centres
and psychosocial services).
Women’s organizations, CSOs and
faith-based organizations play a critical In PNG, an informant shared that when
role in filling the gap in government the JSS4D programme began 10 years
services by providing crucial services ago, only 135,000 kina (38,000 USD) was
to survivors. Women human rights allocated to the gender and GBV budget.
defenders and women CSOs often provide It has now increased to 8 million kina (2.2
accompaniment and services for women million USD) and represents the largest
and girls who have survived GBV, and budget line in the JSS4D programme.
the families of those women and girls There has been a shift from focusing
who are subjected to fatal GBV, in the on the police to working with CSOs,
process of seeking justice and reparation. in recognition of their important role
Women’s rights organizations have in providing preventative and support
made enormous strides in demanding services to survivors. This shift has also
laws criminalizing domestic violence, been possible due to the Australian

118 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

Federal Police’s increased investment in and follow up on the status of cases
working with the police in PNG. Given the at the police station and courts. When
importance of civil society and women’s discussing the role of KUSWA, a police
groups in supporting survivors’ access officer in Goroka explained “She [the
to justice, the CEDAW Committee has advocate] is always at the police station to
emphasized to States that feminist see what is happening with the women”.366
civil society should have a key role in
reflecting on, reviewing and making Box 20: Femili PNG - An example of
changes to justice systems so that they effective case management
fully respect the rights of women and
girls seeking justice.365
Established in 2013, Femili PNG
is a local NGO dedicated to case
CASE MANAGEMENT AND management. It was created in
Lae, Morobe Province, by a former
LEGAL ACCOMPANIMENT provincial Family Support Centre
Case management services are crucial who recognized the difficulties
for accessing justice for survivors. of navigating the criminal justice
Women accessing justice often have system for survivors seeking
to navigate a complex system – from formal justice. Therefore, the case
police stations to hospitals to counselling management centre was designed
services. Navigating these systems to see if a service specifically
can be intimidating and frustrating, focused on coordinating cases,
but case managers can accompany and essentially walking a survivor
women throughout this process. In some through the referral pathway,
countries, paralegals accompany women would improve uptake of different
in navigating the legal system, while in services.
other contexts, women’s organizations
“When Femili PNG started it was hard
and community-based organizations
to give services because survivors
provide case management support.
don’t know where to go. We would
Accompanying survivors on their journey
give psychological and medical
to accessing justice is an important
care but what about justice? People
service to ensure that women feel
wouldn’t know where to go after we
supported.
would help. Femili PNG was created
While most countries lack strong case so that cases don’t get lost in the
management services, PNG has a process.”
few strong formal and informal case
– Femili PNG staff member.367
management support systems for
survivors. Femili PNG has emerged as
Femili PNG’s innovative approach
a best practice example for formal case
puts survivors rather than services
management in PNG (see Box 14). In
at the centre. Their success can be
areas with limited capacity, human rights
attributed to strong partnerships
defenders and grassroots organizations
and their ability to coordinate with
such as KUSWA provide informal
various service providers.
case management support by helping
survivors navigate various services

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 119

 This enables them to successfully
PSYCHOSOCIAL
address high-risk cases that COUNSELLING
would normally be dropped in the
Psychosocial counselling seeks to
complex bureaucracy. They are
help survivors regain self-esteem and
the “glue between the police force,
control of their life by empowering them
courts, health systems and women’s
to make informed decisions about the
shelters”.368
best way to address the trauma and
A 2019 study on the use and efficacy consequences of violence.370 This is
of FPOs in Lae found that the achieved through empathetic listening,
support of Femili PNG resulted in informing survivors about their rights
an increased likelihood of a survivor and various forms of support, and
receiving an IPO.369 Provinces that encouraging self-awareness to take steps
don’t have a case management to stop violence or reduce the potential
centre have a lower uptake in for re-victimization. Psychosocial
IPOs in comparison to places that counsellors assist with risk assessment
do (such as Morobe and National and making safety plans. They can also
Capital District, where Femili PNG act as case managers to ensure survivors
functions). Furthermore, IPOs are are accessing all the support they may
most successfully converted into need. Following a survivor-centred
long-term protection orders when approach is crucial when providing
survivors receive coordinated case psychosocial counselling so that
management. In NCD, Femili PNG survivors can regain power and decision-
provides case management and making in their lives. Unfortunately, the
shelter services under the Bel Isi legal framework in some contexts does
project, a public-private partnership not always follow a survivor-centred
with numerous businesses, and approach.
in coordination with FSVAC,
A peculiarity of the Honduran domestic
UN Women, and the Australian
violence law, for example, is that judges
Government’s Pacific Women
can mandate counselling not only for the
programme.
aggressor, but also for the survivor. The
stated rationale is to “seek the recovery
of the victim’s self-esteem and the re-
education of the aggressor”. Although
judges are not required to refer women
to the family counselling centres, data
from the Public Prosecutor´s Office of
Tegucigalpa for 2019 indicates that in 76
per cent of the cases where a sentence
was passed, the judge mandated
counselling for both the victim and the
aggressor.371

In PNG, counselling support has

become an important service provided
by most service providers. Informants

120 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

shared how many services, including barriers to implementation such as the
counselling, were closed during the lack of multisectoral staff, staff time
initial onset of the COVID-19 pandemic. constraints, lack of medical supplies; and
However, UN Women convened the (2) barriers to multisectoral coordination
protection cluster and was able to get due to fragmented services and unclear
GBV services classified as an essential responsibilities of implementing
service by the national controllers during partners. Achievement of intended
the state of emergency and lockdown in results requires strategic investments,
PNG. This enabled survivors to access standardized policies and procedures,
psychosocial counselling even during and regular inter-agency meetings that
lockdown restrictions. While psychosocial facilitate multisectoral coordination.372
counselling is offered as a specialized
In Honduras, the Women’s City Program
service for GBV survivors in PNG,
was created in 2017. It is a one-stop
psychosocial support for GBV survivors
centre that works to improve women’s
is sorely lacking in the Philippines. An
living conditions in Honduras. The first
informant with knowledge of the legal
centre was established in Tegucigalpa,
system shared how the Mental Health
and there are now six centres373 across
Law does not generally cover survivors
the country, as well as an additional
of GBV. While public hospitals (such as
mobile centre. The Women’s City
the Philippine General Hospital) can
Program has the following thematic
provide for such services, they have
programmes: economic autonomy,
limited human resources that can
prevention and care of adolescent
support survivors. If survivors choose
pregnancy, sexual and reproductive
to go to private hospitals, they would
health, collective education, and assisting
need to pay at least PhP 2,000 just for a
VAWG survivors. It brings together 14
single counselling session. This poses a
public institutions that offer services
significant financial barrier for survivors
within the centre. Having all these
of GBV.
services available in one site facilitates
the referral pathway in supporting
ONE-STOP CENTRES survivors. As the director of Ciudad
Mujer, a study informant, noted:
To meet the challenge of fragmentation
and inadequacy of services, one-stop
crisis centres have been adopted in “The references that we make between
many low- and middle-income countries modules are important, because,
to provide a range of services to GBV for example, many of the victims of
survivors such as medical, legal, violence depend economically on the
psychosocial counselling, referral and aggressor, so they are invited to go to
advocacy services. However, despite the module of economic autonomy so
growing popularity, recent research has that they can also take the route of an
shown that significant barriers prevent enterprise or help them find a job.”
the one-stop centre model from being
implemented as designed and achieving
the intended results of providing
high quality, accessible, acceptable
multisectoral care. These include (1)

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 121

The services are free of charge, and of shelter services, including: limited
available for women without official availability, inadequate funding, lack of
identification (they can also obtain an ID security and confidentiality, barriers to
at the centre). The Module of Attention access and referrals (e.g. need for formal
and Protection of Women’s Rights offers recognition of survivor status), safe
various services for VAWG survivors such transit out of shelters, limited duration
as psychosocial counselling, support for of stay permitted and lack of services to
developing life and safety plans, crisis empower women to deal with violence
intervention, support and self-help faced.375
groups, legal advice and representation,
medical evaluation and follow-up. During
“The mushrooming of support services
the COVID-19 pandemic, the Women’s
like shelters is very exciting.”
City Program developed a digital platform
that offered select services, as well as – Key informant working as a
a WhatsApp channel where survivors researcher in PNG
could obtain psychological counselling.
Campaigns for survivors to report GBV
Shelters and safe houses are becoming
were also implemented, in coordination
increasingly available to survivors
with the National Institute of Women and
seeking refuge. Informants shared
the 911 line.
that, during the COVID-19 pandemic,
In Honduras, survivors of violence can the Tunisian Ministry of Women opened
also be eligible for a witness protection a new GBV shelter with the assistance
programme in case their participation of UNFPA. The High Judicial Council
in a criminal case endangers them or urged family judges to take all necessary
someone close to them. However, the measures to protect victims, guarantee
survivor must prove that their case is their access to justice, and address
related to organized crime to receive violence against women and children
this service, which in many cases is not (two extremely vulnerable populations
something that survivors are comfortable during global pandemics). In 2020, the
mentioning. Some prosecutors also Tunisia’s Ministry of Women, Children
fail to inform victims about the witness and Family endorsed its first national
protection programme during the procedure manual for women’s shelter,
criminal process.374 outlining uniform guidelines as they
deliver services, including legal services
to women and children survivors of
SHELTERS violence376. The majority of safe houses
Access to shelter is key to protecting in PNG are managed by religious
women against various forms of GBV, organizations such as Haus Ruth in
particularly domestic violence. Shelters, Port Moresby (run by City Mission PNG),
which are emergency, temporary, safe Nazareth Center for Rehabilitation in
accommodation for women and children Bougainville (Church of Melanesia), and
who have faced or are at risk of violence, Meri Seif Haus in Goroka (Four Square
vary significantly across contexts. They Church). Although most shelters are
may be run by NGOs, run independently, chronically under-resourced, they
or supported by the State. There are provide survivors with a short-term, often
several concerns relating to the provision

122 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

free, opportunity to escape dangerous These shelters can also have restrictive
situations and access other services. provisions, including prohibiting
Shelters can be a life-saving measure for cell phones, as well as unrealistic
women facing extreme physical and/or requirements as to how long one can
sexual violence, or SARV. Most shelters stay and who may accompany them, with
are in major cities, with the exception which survivors are unable to comply:
of the Nazareth Center, which operates
several small, community-based havens
and one large refuge in Bougainville. “There are safe houses where
Women are often referred to the shelters survivors of VAWG can stay for up to
by the police or case management three months and they can enter with
organizations such as Femili PNG, and children only up to certain ages. This is
some women find their way to a shelter not always an option for the user, since
on their own. In Bougainville, the FSC it implies abandoning their life and
makes referrals to the Nazareth Center, work context.”
likewise, the Oxfam-supported KUSWA -Key informant from the judiciary
and Human Rights Defenders make
referrals to the Meri Seif Haus.
There are heightened needs and
In Honduras, the shelter network is
challenges associated with safe shelters
private, in that it functions through
in conflict situations. In such situations,
NGOs that do not receive state funding.
safe shelters are run by the United
Expanding the network of shelters
Nations, NGOs or community-based
available to victims of domestic violence
organizations, or by governments.
was one of the requests made to the
However, there are limited examples
States by the Inter-American Commission
of organizations or networks providing
on Human Rights.377 Survivors face
shelters in camps and urban settings.
insufficient shelter coverage outside the
The 2005 Inter-Agency Standing
capital city, Tegucigalpa. Challenges
Committee Guidance on Gender-based
faced by Honduran survivors were
Violence provides detailed guidance
expressed by a member of the Honduran
on the provision of safe shelters for
judiciary:
refugees fleeing GBV, including providing
community-based protection options
“There is no transitional housing to in camp settings whenever possible.378
enable women to file complaints in the Case studies conducted by the United
main cities of the country. A woman Nations High Commissioner for Refugees
who travels from the interior of the (UNHCR) and University of California,
country to file a complaint in the cities Berkeley, showed that despite scarcity,
finds that she does not have a place to there is great diversity in shelter models
stay while the process is taking place. (e.g. traditional safe houses, homes of
Those who can, stay in the homes of community volunteers, secret spaces in
relatives.” offices or community centres, clusters
of huts in enclosed sections of refugee
camps), populations served, and ways
of operating.379 Engagement of shelters
with surrounding communities is of

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 123

critical importance. The report highlights, HEALTH SECTOR RESPONSE
inter alia, the importance of promoting
community buy-in, providing support Survivors of violence may need health
and security for staff and residents, exit services, particularly in the immediate
and placement planning for residents aftermath of experiencing violence.
from the outset, undertaking shelter Comprehensive medical services will
mapping, and coordination and exchange often offer first-line support, medical
between government and civil society history and examination, clinical care
programmes.380 of injuries, mental health assessment
and management or referral, evidence
Though shelters are not widely available
collection and risk assessment and
across South Sudan, there is a shelter in
management.
Wau and select others across states. In
the absence of formal shelters, women, In Honduras, the Ministry of Health
parents and community members was the first Honduran institution to
house survivors. A key informant noted address GBV through national policies
that safe spaces are being created and services. In the 1990s, the ministry,
organically by women, recalling how with support from the Pan American
when South Sudanese women gather to Health Organization, created family
sew bedsheets or complete other duties counselling centres in several of the
in women-only spaces, they share stories country’s primary care centres to
and sing songs together, thus creating provide legal and psychological support
their own, organic way of processing to women who suffer from IPV, sexual
trauma. Women in women-only spaces violence and domestic violence.381
play an essential role in GBV awareness- Furthermore, universal screening
raising, access to services, and creating is mandated for women in all health
networks for psychosocial support. The consultations, including during prenatal
importance of supporting these spaces to care. Nevertheless, these standards are
amplify women’s voices was underscored not fully implemented, and few women
by a key informant working in a CSO in actually receive domestic violence
South Sudan: services within the health system.
Although several family counselling
centres do exist, they primarily receive
“A lot of our stories are being told by
survivors and perpetrators who are
international organizations, not by
mandated by the courts to receive
South Sudanese women themselves.
counselling, rather than from within the
There is value in creating spaces
health services.382
where women can share their stories
themselves, can write about their The Honduran Ministry of Health recently
experiences and the work that they do piloted an innovative programme, called
themselves without someone speaking Safe and Sound (Sanas y Salvas), to
on their behalf or for them.” improve the health sector’s response
to IPV among pregnant women.
The programme, based on similar
programmes carried out in South Africa,
Australia and the US, created a new
procedure for screening and counselling
for women who experienced IPV during

124 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

pregnancy. The effectiveness of the emergency department and outside the
programme was evaluated in two urban health system, such as from police and
health centres. After three months, safe houses. Overall, coordination with
women who received an average of two hospitals and primary prevention was
to three counselling sessions scored inconsistent.
significantly higher on knowledge, use of
safety measures and self-efficacy than KEY LESSONS
women in the control group.383 The study
concluded that it was feasible for Sanas • Strong community networks are of
y Salvas to be safely implemented on a paramount importance in ensuring
broader scale within the public health access to justice for GBV survivors.
system. Community networks, consisting
of CSOs, human rights defenders,
In PNG, FSCs provide important medical faith-based organizations and
services to survivors of GBV. Created in women’s organizations, are important
2003 at the time FSVAC was established, stakeholders in supporting survivors
FSCs were originally designed as one- in seeking justice. They exist in all
stop centres in public hospitals, offering six of the case study countries and
police, legal and counselling services have organizing capacity in the most
to survivors of violence. In reality, most hard-to-reach areas. Not only do they
FSCs only offer medical and counselling provide support services, but they are
services. There are currently 15 FSCs in also engaged at the community level in
13 of the 22 provinces in PNG, established creating awareness about GBV.
under the National Department of Health
or the Provincial Health Authorities.384 • Multisectoral coordination and strong
Some FSC staff receive salaries from referral pathways, particularly
the Department of Health or through between police and other service
NGOs working directly with specific providers, enhance access to justice.
FSCs, but there is a heavy reliance on Police officers need basic resources
volunteerism, with CSOs and women’s to respond to GBV, and strong
organizations staffing many of them.385 networks between the police and local
Both the Port Moresby and Lae FSCs communities, including human rights
are considered models for high quality, defenders and customary and informal
survivor-centred care with specialized justice actors, create a handshake
services for survivors of sexual assault between grassroots networks and
and child sexual abuse, and private the legal justice system in bringing
counselling rooms. However, FSCs GBV cases to legal justice, should the
outside of these two urban centres are survivor wish to pursue formal justice.
more modest. A 2016 evaluation found This referral pathway should be as up
underutilization and variation in the to date as possible.
quality of services among the FSCs.386
Most referrals to FSCs come from the

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 125

• Case management in complex • Service providers require continual
contexts should be strengthened training and capacity building
and scaled up through mentoring, activities on their roles and
learning exchanges and rotational responsibilities, especially duty
learning experiences. Donors and bearers. In addition to the laws and
Government should invest heavily service provision, trainings must
in case management as it has been seek to change attitudes and harmful
shown to increase survivor’s access to gender and social norms around GBV
formal justice. that service providers may have.

126 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

CHAPTER 7: PRIMARY
PREVENTION OF GBV IN
COMPLEX SETTINGS
Image Credit: © IDLO
CHAPTER 7: PRIMARY
PREVENTION OF GBV IN
COMPLEX SETTINGS
The prevention of GBV is of primary There are several examples of successful
importance in the fight to reduce prevention interventions that fit within
violence and strengthen justice for this framework. The Stepping Stones389
survivors.387 GBV prevention aims to programme in South Africa works with
understand the root causes and risk young men and women to promote
factors of GBV and reduce or eliminate gender egalitarian attitudes that reduce
them. Primary prevention activities the likelihood of men perpetrating
typically address gender inequality, violence. The IMAGE project,390 also
harmful social and gender norms, power in South Africa, empowers women
imbalances and the culture of acceptance through microfinance, gender trainings
of GBV. Prevention activities require long- and community mobilization, and has
term planning and investment to achieve significantly reduced domestic violence
substantive change in attitudes and rates. Finally, SASA!,391 a community
behaviours that perpetuate GBV. mobilization intervention in Uganda,
is a programme to change social
norms around violence. Due to the
RESPECT FRAMEWORK FOR effectiveness of the SASA! approach,
GBV PREVENTION it has been replicated in 20 countries
(including South Sudan), and in especially
WHO and other United Nations agencies challenging contexts such as refugee
have adopted the RESPECT Women: camps, rural settings and high-density
Preventing Violence against Women urban communities.
framework, which presents seven
key strategies for preventing violence A promising prevention approach is
against women. These are: improving UN Women’s global flagship initiative
relationship skills (R), economic and Safe Cities and Safe Public Spaces,392
social empowerment of women (E), delivered in partnership with global and
assured access to services (S), reduced local partners in 27 ‘champion’ cities
poverty (P), creating safer environments around the world. The programme works
(E), prevention of child and adolescent to prevent sexual violence in public
abuse (C), and transforming harmful spaces by implementing interventions
gender attitudes, beliefs, norms and to develop capacity and raise awareness
stereotypes (T). The RESPECT framework of local authorities, women’s groups
recommends these strategies not be and community partners, advocate for
applied in a siloed manner, but rather in legislative change, and monitor legal
context-responsive, synchronized ways.388 implementation. In the Philippines, as
part of this initiative, data collection

128 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

on sexual harassment and advocacy in is still the least developed and least-
Quezon City led to the enactment of a funded sector, and very few evaluations
local law on sexual harassment in public exist on the effectiveness of primary
spaces. Other initiatives in Quezon City prevention programmes that focus on
included developing apps to address social norms change. The dearth of
sexual harassment. evaluations of primary prevention efforts
could be explained by the fact that the
majority of prevention efforts are focused
IMPORTANCE OF PRIMARY on awareness-raising. While important,
PREVENTION prevention efforts must go beyond
awareness to address social norms
In order to comprehensively address
change. The Pacific Women Shaping
GBV, prevention efforts need to
Pacific Development programme has
go beyond secondary and tertiary
worked to develop evidence-based GBV
prevention and address primary
prevention programmes in PNG.393 Many
prevention. Primary prevention activities
of these programmes are implemented
seek to prevent GBV before it occurs,
by international NGOs, in partnership
while secondary prevention is the
with local CSOs.
immediate response after violence occurs
to manage the short-term consequences Several innovative social norms
of violence. Tertiary prevention addresses transformation programmes that
the long-term responses to address the seek to address GBV risks at different
lasting consequences of violence. A core levels of society exist in PNG and have
piece of secondary and tertiary prevention the potential to be taken to scale. For
is service provision, which is why service example, programmes such as the
provision must be coordinated with Community Trauma Healing Programme
prevention activities. and the Gender Justice Programme
(both led by Oxfam)394 and Komuniti
Efforts to address GBV have primarily
Lukatim Ol Meri (led by FHI360),395
focused on strengthening access to
show promise in behaviour and social
justice and services, with less focus
norms change at the community level.
on prevention. However, programmes
School-based interventions, such as
to prevent GBV have increased greatly
Equal Playing Field’s sports-based
in some of the focus countries, but
respectful relationships programme,
much more investment is needed
and UNFPA-supported Comprehensive
to comprehensively address GBV,
Sexuality Education for in-school youth
particularly in complex contexts. For
as well as Life Skills Education, seek
example, the number of GBV prevention
to prevent childhood experiences of
programmes in PNG has significantly
GBV. Informants shared how at a larger
increased in the past decade, along
scale, a UN Women-supported youth-
with more widespread acceptance that
led programme called Sanap Wantaim
GBV is preventable. Diverse actors are
improves safety for women and girls in
involved in the prevention of GBV, with
public transport through the Meri Seif
significant investments in community-
Buses, and in markets through the Safe
based approaches, working with faith-
Cities programme. An adaptation of the
based organizations, men, youth and the
SASA! programme, in addition to the
education sector. However, prevention
UNICEF-led faith-based Parenting for

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 129

Child Development programme,396 work the increased gap between sessions
at the interpersonal level to improve meant that many teams had to start
communication between couples and from the beginning. Equal Playing Field
reduce violence within families. was able to pivot by focusing on working
with schools to develop child protection
COVID-19 has disrupted much of
policies using the safe school framework,
the prevention work around GBV,
which includes eight standards schools
particularly since this work requires
should meet to be recognized as a child-
repetition, time and direct contact
safe school.
with communities. COVID-19 greatly
challenged organizations to find
innovative ways to continue their AWARENESS-RAISING
prevention work. The organizations that
were able to pivot already had strong Activities to promote awareness of GBV
prevention programmes and roots and inform communities about available
in the communities and were able to resources and support are crucial to
adapt to the changing circumstances. preventing GBV but are not considered
For example, informants shared how primary prevention397. Awareness-
the Nazareth Centre for Rehabilitation, raising through community mobilization
a faith-based organization with strong and mass media campaigns is important,
feminist principles, continued to do particularly if GBV is not widely
their prevention work in the community recognized in a community or people
using human rights defenders and male are not open to talking about it. This is
advocates in Bougainville. FHI360 was particularly crucial in complex contexts
able to continue their prevention work where GBV rates are extremely high and
in the Western Highlands, East Sepik GBV is accepted as the norm.
and Sanduan provinces by incorporating GBV awareness-raising activities can
safety measures such as reducing also influence survivors, or friends and
large crowd activities, practising social family of survivors, to recognize the
distancing, using more print materials, different forms of GBV, its consequences,
and disseminating information through and empower survivors to seek support
the radio. Oxfam were the first to get and access justice. Often, awareness-
posters out to the community around raising activities can lead to an increase
the importance of keeping families in demand for services, which is why
safe during COVID-19. UN Women awareness-raising should only occur if
developed guidelines around community services are able to handle the increase
dissemination, including safety measures in demand. Comprehensive prevention
and the types of messaging around strategies must work in coordination with
COVID-19 that need to be incorporated services to improve access to justice for
into existing messaging around violence survivors of violence.
prevention. The GBV Protection Cluster
developed COVID-19 messaging around In South Sudan, informants shared
women’s safety. Equal Playing Field went how awareness of GBV as a significant
from engaging 200 school children a day problem has grown over the last
to engaging only 50 a day to comply with decade. This has caused some anecdotal
the physical distancing requirements. increase in women and girls feeling
In addition to increased travel costs, more comfortable talking about

130 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

GBV they have experienced. Younger Key stakeholders are working to prevent
women in particular are beginning to GBV in South Sudan, including through
speak up and curate conversations social norm change programmes,
around GBV. However, the work of though this work is under-supported
GBV awareness-raising is ongoing and by donors and government actors.
incomplete (including raising awareness IRC has been implementing the SASA!
among women about their own rights). programme in South Sudan and other
Awareness of laws, for example, is humanitarian contexts.398 Women for
uneven regionally, with those in more Women International have been working
rural areas having less knowledge than in South Sudan for over a decade with
those in urban centres like Juba. the most marginalized women, offering
vocational, health and rights training
Box 21: GBV prevention initiatives in to improve their lives.399 Communities
fragile and conflict settings Care, a GBV prevention and response
programme that has demonstrated
GBV prevention initiatives have not promise in other humanitarian
been prioritized in fragile and conflict settings, is being funded by UNICEF
settings, as they require long-term and implemented in South Sudan by
approaches. Instead, the focus has Voice for Change and Organization for
been on risk mitigation and response Children’s Harmony.400 Evaluation results
efforts. There has, however, been demonstrate positive changes in beliefs
increased attention on developing related to GBV.401
prevention models appropriate for
Local women’s organizations like WDG
humanitarian settings. Some popular
are raising awareness about GBV through
prevention programmes, such as
media campaigns and running community
SASA!, Stepping Stones, Unite for
programming that educates men on their
a Better Life and Engaging Men
role in GBV prevention, and economically
through Accountable Practice, have
empowers women. WDG also created a
been implemented in contexts of
GBV prevention network among women
protracted conflicts. However, the
during the height of the conflict. The
impact of these programmes in
GBV network in South Sudan is working
humanitarian settings is not clear.
on behaviour and social norm change.
Even so, there is a gradual shift from
Crown the Women South Sudan works
focusing on awareness generation
in schools to raise awareness about GBV
programmes to community-
with children, adolescents, educators and
based prevention and economic
parents.
empowerment programmes for
women and girls. Consequently, Informants described efforts to
there is growing evidence of increasingly involve traditional Boma
what works to prevent GBV in chiefs, given their important role in
humanitarian settings. Evaluations of customary justice in South Sudanese
prevention programmes have shown communities. Hope Restoration South
effectiveness in changing social Sudan is focusing on economically
norms, particularly those engaging empowering women to run small
men and those that are specifically businesses. They work with survivors to
targeted at adolescent girls. sell vegetables, open small restaurants,
and engage in other income-generating

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 131

activity. UNHCR had donated sewing
machines to Hope Restoration South “Many workshops and campaigns are
Sudan, which the women they work with held for women to know their right[s]
used to make and sell facemasks during in last years. But the problem was that
the pandemic. only women were trained, and men
were not. When men are not aware of
women’s rights, they will commit violence
IMPORTANCE OF COMMUNITY against women. We need to provide this
MOBILIZATION awareness to both men and women. Due
to the continued war in Afghanistan many
Successful GBV prevention activities internal and external groups direct men
must take a whole of community to extremism which increases violence
approach where men, women, boys against women.”
and girls are engaged in planned GBV
prevention activities. For example, - Key informant from the former
in Afghanistan, the LEVAW mandated Afghan Government
the Ministry of Justice, Ministry of Haq
and Religious Affairs and Ministry of
In PNG, strong community networks
Women’s Affairs with the responsibility
have helped prevent some of the most
of providing awareness on violence,
extreme forms of GBV. When groups of
causes of violence, impact of violence
people form networks, it is more likely
on public health and families and rights
that a sorcery accusation will not turn
of victims and fundamental rights of
violent. For example, when police work
citizens including harmful social and
with a village court magistrate, pastor,
gender norms and laws. However, most
or community leader, there is hope that
of these awareness programmes were
they can at least stop the violence and
not designed to be gender-responsive
rescue the accused. As one key informant
and were not provided by gender experts.
shared:
Additionally, women who were becoming
aware of their rights and trying to
negotiate their rights with men faced
“There are places where women are
resistance, and some faced increased
protected, where men are protected,
risk of violence from men:
where people speak out. It’s all about
networks.”

– Key informant working as a

researcher in PNG

132 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

Some communities and village courts KEY LESSONS
are proactively trying to engage with
SARV by coming up with by-laws. In • Awareness-raising programmes on
the Eastern Highlands and Chimbu, laws, rights and available services
strong human rights defenders have remains a crucial goal across settings.
been a driving force at the community In these complex settings, awareness-
level in preventing and responding raising is still needed to educate
to cases of SARV. The CSO Voice for women and girls on their rights as
Change in Jiwaka402 supports their local they relate to GBV, and how to access
communities to develop community by- justice and support services if needed.
laws not only on GBV but also on SARV. While the passage of laws is important,
In remote and rural parts of the country, women and girls must be aware of the
human rights defenders, CSOs and faith- protections afforded to them to access
based organizations are on the frontline, these protections.
working on prevention and providing
• Investment in primary prevention
support services, and are the best chance
programming is still sorely needed.
for women to access justice. Investing in
While awareness-raising is still needed
them will not only address GBV, but also
in some settings, primary prevention
SARV. As one key informant shared:
remains the most effective way to
address the root causes of GBV. This
“Survivors say, I will forgive everyone kind of programming often takes time
if someone can take this mark off my and sustained investment.
head that has been put there.” • Greater evidence on what works to
– Key informant working as a prevent GBV is needed to adapt these
researcher in PNG programmes to different settings.
While there is a growing body of
evidence on what works to prevent
Faith-based organizations can play an GBV, there is comparatively less
important role in preventing GBV. In evidence on what works in complex
PNG, mainstream churches such as the settings such as the ones described
Catholic Church and Lutheran Church have in this paper. More evidence is
worked to address SARV. This grew out needed to effectively adapt promising
of a need to coordinate messaging due to programmes.
misinterpretation of the Bible by smaller
Christian churches. For example, some
of the practices of the more charismatic
Pentecostal churches contribute to the
problem of SARV by preaching about evil
spirits, the devil and the need to exorcise,
all of which involve identifying and
stigmatizing individuals. While some faith-
based organizations have made important
progress in denouncing SARV, others may
be more reluctant to speak out against
GBV because one of their core values is
keeping families together.

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 133

CHAPTER 8: KEY FINDINGS
AND RECOMMENDATIONS
Image Credit: © IDLO
CHAPTER 8: KEY FINDINGS AND
RECOMMENDATIONS

A focus on access to justice for GBV impacts GBV, such as in the case of
survivors in six complex contexts has an increase of IPV during conflict or
yielded several key lessons to guide lockdowns.
future interventions to improve GBV law,
Complexity permeates all aspects of
policy and programming.
each context surveyed in this report but
Presented below are key findings and tends to be obscured by insufficiently
recommendations to advance women’s tailored interventions. The country case
access to justice in response to GBV in studies examine complexity arising from
complex settings. They are adaptable by health emergencies, armed conflict,
all stakeholders, including international climate disasters and organized crime.
organizations and donors, national, They amply show that it is not only the
regional, or local governments, justice emergency or the social and political
actors, humanitarian responders, environment that make access to
research and academic institutions. justice complex, but the justice systems
themselves can be complex and multi-
layered. For instance, various systems
KEY FINDINGS of formal law coexist with customary
justice systems and may or may not
Context first
be integrated. Additionally, situations
GBV is more common and more severe in change quickly giving rise to volatility
complex situations. Complex situations of institutions and social instability.
exacerbate violence against women and Consequently, interventions that are
girls and put them at even greater risk of premised on standardized operating
suffering various forms of violence. The procedures for relatively stable
case studies have addressed some of the environments will be difficult, if not
most violent contexts for women in the impossible, to implement in complex
world. Gaining a deeper understanding situations.
of the specific manifestations of
More focus is needed on the role of non-
GBV in complex situations, and their
State, private and religious actors. In the
multidimensional effects on women and
contexts studied in this paper, organized
girls in all their diversity is crucial in
criminal groups, religious organizations,
each context to developing subsequent
and other private actors play a central
interventions that will help increase
role in women’s and girls’ experience
justice for survivors. An act of GBV can
of GBV. They can impede or facilitate
trigger other acts of GBV and other types
access to justice. This calls for a focus on
of human rights violations. Conversely,
accountability of key non-State actors and
when a whole political system collapses,
their role in justice for GBV survivors.
or a generalized crisis emerges, it also

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 135

Survivors at the centre refugee law405 and international
humanitarian law, and the imperatives of
Being survivor-centred, particularly the Security Council agenda on women,
in complex situations, requires a peace and security are complementary
deeper understanding of how survivors to the rules of international human rights
experience justice and what it means to law.406
them. The multiple challenges of meeting
peoples’ basic humanitarian needs in There are limits to the humanitarian
complex situations often supersede machinery’s ability to address
imperatives for justice. There are development issues such as access
pervasive difficulties to including survivor to justice and gender equality.
voices in justice processes. Experiences Humanitarian action, for example
across the complex settings examined in the framework of United Nations
in this paper have shown that decision- peacekeeping missions, is often
makers often overlook the legitimacy disjointed from rule of law development
of survivors’ voices perceiving them to activities. That disconnectedness can
be, for instance, political, because of obstruct interventions to strengthen
their strong call for accountability for justice institutions, improve the capacity
the injustices they have experienced. of justice actors, and advocate for
Survivors require a lot of support to the enactment of GBV-related laws.
be able to meaningfully advocate for Significant effort must be made to
justice. Therefore, it is essential to listen draw the link between humanitarian
to survivors and fully understand their and development needs, with access
needs and interpretations of justice to justice for GBV survivors crucial to
before crafting justice interventions. both sets of goals. While immediate
For survivors, justice may be tied to protection and humanitarian issues need
conviction and punishment, or it may to be addressed, the overall condition
be linked to truth and dignity, or an of the daily reality of women’s lives
acknowledgement of the harm done to will not change without addressing
them. It may also be linked to restorative the longer-term issue of transforming
justice as well as social and economic gender power relations. Particularly in
empowerment. Survivors’ voices must be complex situations, humanitarian and
central to the interventions designed for development assistance must do more
them. than apolitical gender mainstreaming.
Consideration must be given to the
complexity of the situation as well
Gender equality as foundational as to the historical context of gender
Human rights and CEDAW have discrimination rooted in law, social
foundational value for justice norms and cultural practice.
interventions to address GBV in complex
situations. A basic provision of the right
of access to justice for GBV is that the
standards established by CEDAW apply
under all circumstances403 – in conflict,
post-conflict and peacetime – and that
other international rules, for example,
international criminal law,404 international

136 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

RECOMMENDATIONS reform to achieve gender justice
objectives.
1. Develop and implement a
Greater effort should be made to
comprehensive survivor-
draw the link between humanitarian,
centred justice response to GBV
criminal justice and development
Legislation on GBV must move needs to foster justice for survivors
beyond over-reliance on criminal of GBV that is premised on a model of
justice responses to encompass all substantive equality for women and
relevant areas of law. All forms of girls. This would require awareness
GBV must be recognized as crimes, raising and the production of
but criminal justice is only one aspect guidelines to help shift the mindset of
of the legal response that is needed decision-makers and implementers
to achieve justice for survivors and from a purely humanitarian or criminal
an end to violence against women. law to a gender transformative
Comprehensive legal frameworks on approach to justice for GBV survivors.
GBV include provisions in criminal,
Understanding how violence is
civil, administrative, labour, or other
perpetrated and experienced using
areas of law and are premised on
an intersectional approach can help
a model of substantive equality for
tailor context-specific responses
women and girls. As such, they should
and initiatives that are able to reach
be developed with the meaningful
the most vulnerable populations.
participation of women’s groups and
Developing intervention strategies
CSOs and of survivors themselves.
in consultation with women from
New laws are only a small part of a marginalized communities helps
larger process of reform, and building integrate their concerns in GBV
GBV response relies on strengthening response and prevention initiatives.
areas other than justice such as Participation and consultation with
health, social care and economic marginalized groups of women
support. Therefore, there is a need (such as women with disabilities
to create or strengthen mechanisms, and LGBT people) should be done
including referral systems or from the outset of design of justice
pathways, that enable justice actors, interventions throughout every stage
police, prosecutors, judges and social of implementation to ensure that
services to cooperate and coordinate target groups benefit, to enhance
their decisions and approaches to representation and empowerment,
tackling GBV. It is also important to and to improve the relevance and
remove discriminatory or gender- sustainability of GBV interventions.
biased provisions from procedural Including issues of intersectional
and evidentiary requirements in discrimination is also crucial while
criminal or other proceedings on training justice actors and service
GBV cases. Continuous monitoring providers on GBV.
and assessment of legislative
Increasing the capacity of justice
implementation is crucial to measure
actors, police, judges, traditional
impact and identify gaps for further
chiefs and lawyers to operate in

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 137

 a survivor-centred and gender- 2. Foster integration of services
responsive way is recommended for GBV survivors
to increase trust and use of the
justice system. This should include Measures and interventions at all
promoting women’s participation stages of the justice chain must be
and leadership in the justice sector. designed with paramount concern
Key justice actors require additional for the physical safety and security
capacity strengthening to sensitize of women. Survivors of GBV must
them to the needs of survivors and be supported and empowered to
increase awareness of laws and their participate in decision-making about
appropriate and fair implementation. their lives during investigations and
judicial proceedings, as well as more
The creation of specialized broadly, in legal and policy processes.
mechanisms has been deemed as a GBV against women remains severely
positive development in several of the under-reported, as fear of being
countries included in this paper, but stigmatized and the multitude of
the operation of these mechanisms barriers to accessing justice discussed
faces many challenges. Specialized in this paper discourage survivors
police, prosecution units or courts from disclosing their experiences.
must be adequately resourced, Interventions should encourage
closely monitored and meaningfully the reporting of GBV to competent
embedded within the justice system authorities by circulating and
with capacity to address criminal, civil disseminating information at national,
and family law issues to be sustainable rural and local levels, including on
and effective. Special units that lack alternative ways to report in complex
needed resources and stand apart settings.
from the regular justice apparatus will
fail to become a useful tool of justice As evidenced in this study, survivors
for survivors. face additional challenges that lead
to the case being dropped from the
Justice is an expensive component of formal justice process. The lack of
service delivery, requiring sufficient support available to survivors and
funding to execute effectively, and in the many ways in which the justice
many complex settings, resources or system itself revictimizes them are
expertise on GBV are low or decimated key reasons why cases of GBV have
by conflict or crisis. In such contexts, high attrition rates.407 Sensitive verbal,
the entire justice infrastructure may non-verbal and written communication
be dismantled as well. Programmes can help to mitigate stigmatization.
should prioritize investments that All those assisting survivors should
mitigate the economic and financial get comfortable with the relevant
constraints curtailing GBV survivors’ terminology, so they do not unwittingly
access to justice. transmit their personal discomfort or
embarrassment to the survivor. This
is very important at all stages of the
process, in particular during early
contacts to build trust and rapport in
the relationship. All communication

138 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

with and about the survivor should case management should be heavily
avoid the idea that the survivor expanded, as it has been shown to
has been somehow tarnished or increase survivor’s access to formal
irreparably damaged by the experience justice.
of GBV.408
Inter-institutional coordination among
Protection for survivors is critically operators of the justice system is
important when accessing justice required, given that it continues to be
but tends to be weak across complex a limitation for adequate protection
settings. Increasing protection of survivors. This should include
(including safe spaces, shelters, community interventions with
protection orders and other services) strategies aimed at dissuasion and
may foster feelings of safety and control of crime in the communities,
willingness to report violence. Where because they may retaliate against the
it is possible for survivors to seek survivor.
protection orders, they should be
Diverse actors are involved in the
offered holistic support throughout the
prevention of GBV, with significant
process, including in the long term,
investments in community-based
once the order has been served.
approaches, working with faith-based
Service providers require continual organizations, men, youth and the
training on their roles and education sector. However, prevention
responsibilities. In addition to the laws is still the least developed and least-
and service provision, training must funded sector in efforts to address
seek to change attitudes and harmful GBV, and very few evaluations exist on
gender and social norms around GBV the effectiveness of primary prevention
that service providers may have. programmes that focus on social
norms change.
Multisectoral coordination and
strong referral pathways, particularly
between police and other service 3. Strengthen legal empowerment
providers, enhance access to justice. of women
Police officers need basic resources
to respond to GBV, and strong The role of the law and an effective
networks between the police and justice sector that is seen to hold
local communities, including human perpetrators accountable are
rights defenders and CIJ actors, create important in stopping violence
a handshake between grassroots from happening in the first place.
networks and the legal justice system The prohibition of GBV can have
in bringing GBV cases to legal justice, a preventative effect. However,
should the survivor wish to pursue mistrust of justice institutions can
formal justice. This referral pathway significantly hamper the application
should be as up to date as possible. even of strong laws, and in complex
settings, there are high levels of public
Case management in complex mistrust of the entities responsible
contexts should be strengthened for investigating, prosecuting and
and scaled up through mentoring, punishing perpetrators of GBV.
learning exchanges and rotational Greater effort should be made to raise
learning experiences. Investment in

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 139

 awareness of women and communities partnerships and cooperation with
on laws, rights and available services these organizations. Funding is a
to increase access to justice and key aspect of this support. Quality,
trust in justice institutions, and to flexible and sufficient funding from
address harmful and discriminatory States, the private sector, foundations
social norms through a participatory, and other donors should be provided
community-wide approach involving to autonomous women’s rights
key stakeholders, including men, organizations working to end GBV.409
schools, community leaders and
In situations of conflict or political
formal and informal justice actors.
instability, women’s organizations
This would have the effect, in the long
and women human rights defenders
run, of increasing awareness of GBV
may be targeted for violence and
as a problem and decreasing social
persecution. Support to women’s
acceptance of GBV, thus contributing
organizations working to end GBV
to primary prevention.
cannot be separated from efforts
to create and safeguard civic and
4. Support women’s collective political space for collective action and
action and advocacy advocacy.

Community networks, consisting of

women’s organizations, human rights 5. Expand GBV monitoring and
defenders, other CSOs and faith- data collection
based organizations, are important
More rigorously collected data on GBV
stakeholders in supporting survivors
is needed for advocacy, legal reform
in seeking justice. They exist in all
and stronger justice programming.
countries and have organizing capacity
This includes prevalence data,
in the most hard-to-reach areas.
through population-based surveys,
Local women’s organizations are
and administrative data that allows
often the first to respond to GBV in a
for monitoring of the justice system
situation of crisis, such as a climate
and the evaluation of promising
disaster or COVID-19. Not only do they
practices. This is a difficult task in
provide support services, but they are
crisis, conflict and other complex
also engaged at the community level
situations, as data may be inexistent,
in creating awareness about GBV.
difficult to obtain, or collected without
Local women’s organizations play an
sex-disaggregation, thus perpetuating
essential role in case management.
gender-blind responses. In disaster
Funding needs to prioritize local
situations, women and girls are
women’s organizations, as they are
rendered invisible due to the failure to
often the only ones offering specialized
collect comprehensive and timely sex-
services for survivors of GBV. Justice
and gender-disaggregated data, which
programmes need to recognize and
can be used by government agencies
support women’s groups, women’s
and other humanitarian actors in
rights organizations, and the
preparing customized and more
women’s movement by building local
inclusive response and assistance
capacity to address all forms of GBV,
during natural disasters and other
increasing resources and establishing
humanitarian emergencies.

140 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

 Monitoring and accountability of Greater evidence on what works to
justice systems is crucial to ensuring improve access to justice for GBV
access to justice for survivors. This survivors is needed to adapt justice
includes court monitoring, monitoring programmes to settings such as health
of the police units, and accountability emergencies, armed conflict, climate
for GBV commitments made by the disasters or those in which organized
Government (including through peace crime is endemic. Furthermore, in
agreements). Rigorous monitoring of these settings, there is a need to
the courts and justice mechanisms include a focus on accountability of
is necessary to ensure consistent, key non-State actors and their role in
fair application of the law, to root out justice for GBV survivors.
corruption, and to increase trust.
Funding for data collection should
focus on women telling their own
stories and building the evidence base
through their own experiences.

CONCLUSION
Women and girls’ vulnerability to A survivor-centred approach is key
violence is exacerbated in complex to fulfilling the promise of justice in
contexts, where GBV is more common response to GBV, in all circumstances,
and more severe. Although globally, including complex situations. In seeking
significant progress has been registered access to justice, women and girls
on national legal reform and adoption should be considered not just as victims
of new legislation on gender equality, of crimes, but as participants and co-
a lot remains to be done in eliminating creators of the institutions tasked with
GBV, upholding women’s rights and vindicating their rights, and agents in
ensuring access to justice for survivors rebuilding their lives.
in complex situations. This paper has
outlined how, in the most difficult of
circumstances, women and girls resist
GBV through seeking vindication of their
rights, justice and reparation. It shows
the ways in which justice solutions have
been found, so that justice systems
can fulfil the function, described by the
CEDAW Committee, of “[optimizing] the
emancipatory and transformative potential
of law” through effective access to
justice.410

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 141

ENDNOTES

1 According to the World Health Organization (WHO), across their lifetime, some 736 million women worldwide –
approximately 1 in 3 – are subjected to physical or sexual violence by an intimate partner or sexual violence by a
non-partner. Thirty eight percent of murders of women are committed by intimate partners and 6% of women report
to having been sexually assaulted by someone other than their partner. (See WHO, “Violence against Women”, 9
March 2021.) According to the United Nations Office on Drugs and Crime (UNODC), every 11 minutes, a woman or
girl somewhere in the world is killed by someone in her own family. (See UNODC, Killings of Women and Girls by their
Intimate Partner or other Family Members: Global Estimates 2020, Vienna, 2021).
2 IDLO, together with partners, already documented major challenges to women’s access to justice, including intimate
partner violence and other forms of GBV, in the beginning of the COVID-19 pandemic, in UN Women and others, Justice
for Women Amidst Covid-19 (New York, 2020).
3 United Nations Office for the Coordination of Humanitarian Affairs, “At a Glance | Global Humanitarian Overview”, n.d.,
available at https://2021.gho.unocha.org/introduction-and-foreword/glance/ (accessed on 22 October 2021).
4 UN Women, Climate change, disasters, and gender-based violence in the Pacific (Fiji, 2014).
5 All data on Afghanistan was collected before 15 August 2021 and the Taliban takeover of the country.
6 UN Women and others, Justice for Women Amidst Covid-19 (New York, 2020).
7 WHO, “Violence against Women”, 9 March 2021, available at https://www.who.int/news-room/fact-sheets/detail/
violence-against-women (accessed on 22 October 2021).
8 United Nations Office for the Coordination of Humanitarian Affairs, “At a Glance | Global Humanitarian Overview”, n.d.,
available at https://2021.gho.unocha.org/introduction-and-foreword/glance/ (accessed on 22 October 2021).
9 WHO, “Violence against Women”, 9 March 2021, available at https://www.who.int/news-room/fact-sheets/detail/
violence-against-women (accessed on 22 October 2021).
10 At the international level, CEDAW, as reinterpreted by General Recommendation 35 (2017) on gender-based violence
against women, updating General Recommendation 19 (1992) on violence against women, is the leading instrument. At
the regional level, three treaties address this issue in the Americas (the Inter-American Convention on the Prevention,
Punishment and Eradication of Violence against Women of 1994, known as “Belém do Pará”), Africa (the Protocol to the
African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, adopted in 2003 by the African Union,
known as “Maputo Protocol”) and Europe (the Council of Europe Convention on Preventing and Combating Violence
against Women and Domestic Violence of 2011, known as “Istanbul Convention”). Chapter 2 of this paper discusses the
international standards on ensuring justice for GBV survivors in more detail.
11 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, 14 July 2017, (CEDAW/C/
GC/35), para. 1. UN General Assembly, Declaration on the Elimination of Violence against Women, 20 December 1993 (A/
RES/48/104).
12 UN General Assembly, Declaration on the Elimination of Violence against Women, 20 December 1993 (A/RES/48/104).
13 CEDAW/C/GC/35, para. 12.
14 Inter-American Commission of Women, Follow-up Mechanism to the Belém do Pará Convention (MESECVI),
Committee of Experts’ Declaration on Femicide, 13–15 August 2008, Washington, D.C. (OEA/Ser.L/ II.7.10MESECVI/
CEVI/DEC. 1/0815).
15 UN Women, “Defining ‘honour’ crimes and ‘honour’ killings”, 26 February 2011, available at https://www.endvawnow.
org/en/articles/731-defining-honourcrimes-and-honour-killings.html (accessed on 18 September 2022).
16 WHO, “Violence Info – Intimate Partner Violence”, n.d., available at http://apps.who.int/violence-info/intimate-partner-
violence (accessed on 22 October 2021).
17 WHO, Violence Against Women Prevalence Estimates, 2018 (Geneva, 2021), available at https://www.who.int/
publications/i/item/9789240022256.

142 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

18 United Nations Secretary-General, Conflict-related Sexual Violence. Report of the United Nations Secretary-General (New
York, 2019), available at https://www.un.org/sexualviolenceinconflict/wp-content/uploads/2020/07/report/conflict-
related-sexual-violence-report-of-the-united-nations-secretary-general/2019-SG-Report.pdf.
19 WHO, Guidelines for Medico-legal Care of Victims of Sexual Violence (Geneva, 2003).
20 UNICEF, “Child Marriage”, n.d., available at https://www.unicef.org/protection/child-marriage (accessed on 9
September 2022).
21 Stop Sorcery Violence, “Sorcery related violence terminology”, 12 July 2018, available at http://www.
stopsorceryviolence.org/sorcery-related-violence-terminology/.
22 UN General Assembly, United Nations Convention against Transnational Organized Crime : resolution / adopted by the
General Assembly, 8 January 2001 (A/RES/55/25).
23 UN General Assembly, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,
Supplementing the United Nations Convention against Transnational Organized Crime, 15 November 2000, Article 3.
24 Council of Europe, GREVIO General Recommendation No. 1 on the digital dimension of violence against women, 20
October 2021, paras. 22 and 23. Gender-based violence and its forms in the digital space has emerged as a relatively
recent preoccupation among specialized international and regional human rights mechanisms addressing violence
against women. For a recent discussion, see: Rosa Celorio, “The Human Rights of Women in the Digital World”, in
Women and International Human Rights in Modern Times: A Contemporary Casebook, (Cheltenham, UK, Edward Elgar
Publishing, 2022).
25 Inter-American Commission of Women, Follow-up Mechanism to the Belém do Pará Convention (MESECVI), “Inter-
American Model Law on the Prevention, Punishment and Eradication of Violence against Women in Political Life”, 2017,
p. 24. (OEA/Ser.L/II), available at ViolenciaPolitica-LeyModelo-EN.pdf (oas.org). It should be further noted that MESECVI
has adopted strong resolutions recognizing political violence, such as the Declaration on Political Harassment and
Violence against Women, adopted in Lima, Peru, on 15 October 2015 on the occasion of the Sixth Conference of the
States Parties to the Convention of Belém do Pará.
26 WHO, “Gender-based violence in health emergencies”, n.d., available at https://healthcluster.who.int/our-work/
thematic-collaborations/gender-based-violence-in-health-emergencies (accessed on 18 September 2022).
27 European Institute for Gender Equality, Estimating the costs of gender-based violence in the European Union”
(Luxembourg, 2014).
28 European Institute for Gender Equality, “GBV costs the EU Euro 366 billion a year”, 7 July 2021, available at https://eige.
europa.eu/news/gender-based-violence-costs-eu-eu366-billion-year.
29 Based on the limited data available, UN Women estimated that only 5 per cent (around 206 million) of the USD 4.2
billion allocated by development partners to justice in 2009 was spent on projects in which gender equality was a
primary aim. UN Women and others, Justice for Women: High Level Group Report (New York, 2019), available at https://
www.idlo.int/sites/default/files/pdfs/publications/Justice-for-Women_Full-Report-English.pdf.
30 United Nations Office for the Coordination of Humanitarian Affairs, Global Humanitarian Overview 2021 (New York, 2021),
available at https://reliefweb.int/sites/reliefweb.int/files/resources/GHO-2021-Abridged-EN.pdf.
31 United Nations Office for the Coordination of Humanitarian Affairs, “Protection Gender-based Violence 2022”, Financial
Tracking Services, n.d., available at Protection - Gender-Based Violence 2022 | Financial Tracking Service (unocha.org)
(accessed on 9 September 2022)
32 International Commission of Jurists, Women’s Access to Justice for Gender Based Violence. A practitioner’s guide (Geneva,
2016).
33 UN General Assembly, Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 18
December 1979, United Nations, Treaty Series, vol. 1249, p. 13, article 2 (e).
34 Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul
Convention), Article 5(2).
35 For a discussion on approaches to ensure meaningful participation of survivors, see also UN Women and others, The
Handbook of Gender-responsive Police Services (New York, 2019), available at https://www.unwomen.org/sites/default/
files/Headquarters/Attachments/Sections/Library/Publications/2021/Handbook-on-gender-responsive-police-
services-en.pdf.

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 143

36 See CEDAW Committee, General Recommendation No. 28 on the Core Obligations of States Parties under Article 2 of the
Convention on the Elimination of All Forms of Discrimination against Women, 16 December 2010 (CEDAW/C/GC/28), para.
18; Rosa Celorio, “The Human Rights of Women in the Digital World”, in Women and International Human Rights in
Modern Times: A Contemporary Casebook (Cheltenham, UK, Edward Elgar Publishing, 2022); Lorena Sosa and Ruth M.
Mestre i Mestre, “Ensuring the Non-discriminatory Implementation of Measures against Violence against Women and
Domestic Violence: Article 4, Paragraph 3, of the Istanbul Convention”, Council of Europe (Strasbourg, 2022), available
at https://rm.coe.int/paper-on-article-4-paragraph-3-of-the-istanbul-convention/1680a5d92e.
37 Adapted from UN Women and others, A Practitioner’s Toolkit on Women’s Access to Justice Programming” (New York,
2018), available at https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/Library/
Publications/2018/WA2J-Module1-en.pdf.
38 CEDAW/C/GC/35, para. 28.
39 These aspects of a survivor-centred approach were suggested by the participants at the Expert Group Meeting
convened by IDLO and GWI on 22 July 2021.
40 Sarah Bott and others, “Preventing and Responding to Gender-Based Violence in Middle and Low-Income Countries: A
Global Review and Analysis”, Policy Research Working Paper, No. 3618 (Washington, D.C., World Bank, 2005), available
at https://openknowledge.worldbank.org/handle/10986/8210.
41 “Safety audits” are a key methodology adopted in the Safe Cities Initiative and have been used in conflict and fragile
contexts as well, as part of risk mitigation activities. See UN Women, Safe Cities and Safe Public Spaces: Global Results
Report (New York, 2017), available at https://www.unwomen.org/en/digital-library/publications/2017/10/safe-cities-
and-safe-public-spaces-global-results-report.
42 S. Laurel Weldon and Mala Htun, “The Civic Origins of Progressive Policy Change: Combating Violence against Women
in Global Perspective 1975/2005”, American Political Science Review, vol. 106, No. 3 (2012).
43 S. Laurel Weldon and Mala Htun, “Feminist mobilization and progressive policy change: why governments take action
to combat violence against women”, Gender and Development, vol. 21, No. 2 (2013).
44 There is growing consensus among GBV researchers that knowledge tends to be shaped by hegemonic Western
concepts and methodologies, while there should be a more conscious effort to privilege knowledge from local
practitioners, build local capacity of researchers, and amplify voices of survivors. See for example, Chandra Talpade
Mohanty, Feminism without Border: Decolonizing Theory, Practicing Solidarity (Duke University Press, 2003).
45 Priya Gopalan, “Rejecting Notions of ‘Honour’ to Mitigate Stigma: Prosecutions for Sexual Violence before the
Bangladeshi International Criminal Tribunals”, 27/2021, Centre for Women, Peace and Security Working Paper Series
(London, London School of Economics and Political Science, 2021), available at https://www.lse.ac.uk/women-peace-
security/assets/documents/2021/WPS27Gopalan.pdf.
46 CEDAW General Recommendation 33 on women’s access to justice (CEDAW/C/GC/33), para. 14(c).
47 DAC Recommendation on the Humanitarian-Development-Peace Nexus, OECD Legal Instruments, 2022, available at
https://legalinstruments.oecd.org/public/doc/643/643.en.pdf.
48 See the list of stakeholders that committed to the Agenda for Humanity by 2019, available at https://
agendaforhumanity.org/explore-commitments/stakeholder.html.
49 UNFPA, “New UNFPA projections predict calamitous impact on women’s health as the COVID19 pandemic continues”,
28 April 2020, available at https://www.unfpa.org/press/new-unfpa-projections-predict-calamitous-impact-womens-
health-covid-19-pandemic-continues (accessed on 9 September 2022).
50 Maureen Murphy and others, What works to prevent violence against women in conflict and humanitarian crisis: Synthesis
Brief, 2019, available at https://ww2preventvawg.org/sites/default/files/2022-03/20.PDF.
51 IDLO, Climate Justice for Women and Girls: A Rule of Law Approach to Feminist Climate Action, 2022, p.4, available at
a_rule_of_law_approach_to_feminist_climate_action.pdf (idlo.int)
52 UN Women, “Facts and Figures: Humanitarian Action”, n.d., available at https://www.unwomen.org/en/what-we-do/
humanitarian-action/facts-and-figures#notes (accessed on 9 September 2022).
53 United Nations Office on Drugs and Crime (UNODC), Global Study on Homicide: Gender-Related Killings of Women and
Girls (Vienna, 2018).
54 Luis Guillermo Solís and Francisco Rojas Aravena (eds.), Crimen Organizado En América Latina y El Caribe (Santiago de
Chile, 2008).
55 GBV AoR, Global Protection Cluster, Gender Based Violence in Emergencies. Strengthening Access to Justice for GBV
Survivors in Emergencies (2020), available at https://gbvaor.net/node/911.

144 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

56 GWI, Care, IRC and UK Aid, Intersections of Violence Against Women and Girls with State Building and Peace Building:
Lessons from Nepal, Sierra Leone and South Sudan (2020), available at https://www.care-international.org/files/files/
WhatWorksReport_Violence_Statebuilduing.pdf.
57 UN Women, IDLO, UNDP, UNODC and the Pathfinders, Justice for Women High-Level Group Report (Rome, 2019),
available at https://www.idlo.int/sites/default/files/pdfs/publications/Justice-for-Women_Full-Report-English.pdf.
58 Maureen Murphy and others, What works to prevent violence against women in conflict and humanitarian crisis: Synthesis
Brief, 2019, available at https://ww2preventvawg.org/sites/default/files/2022-03/20.PDF.
59 Experts consulted include: Dr Fiona Hukula, Gender Advisor, Pacific Islands Forum; Ms Anita E. Baleda, Chief, Policy
Development, Planning. Monitoring and Evaluation Division, the Philippine Commission on Women; Dr Rosa Celorio,
Associate Dean for International and Comparative Legal Studies, George Washington Law School and Burnett Family
Professorial Lecturer in International and Comparative Law and Policy; Sara Hossain, Partner, Dr Kamal Hossain
and Associates, and Honorary Executive Director, Bangladesh Legal Aid and Services Trust (BLAST); Priya Gopalan,
international criminal law and human rights lawyer, Member for Asia Pacific States of United Nations Working Group
on Arbitrary Detention; Melissa Scaia, Director of International Training, Global Rights for Women; Lisa-Marie Rudi,
Legal Officer, REDRESS; Mary Beth Bognar, Gender Justice Specialist, the International Legal Foundation (ILF).
60 Albert J. Mills, “Most Different Systems Design”, in Encyclopedia of Case Study Research, Albert J. Mills, Gabrielle
Durepos and Elden Wiebe, eds. (Sage, 2010). In comparative research, “most different systems” designs are applied
to compare very different cases, all of which have the same dependent variable in common, so that any other
circumstance that is present in all the cases can be regarded as the independent variable.
61 Christine Chinkin, “International Human Rights, Criminal Law and the Women, Peace and Security Agenda”, 12/2018,
Centre for Women, Peace and Security Working Paper Series (London, London School of Economics and Political
Science, 2018), available at http://eprints.lse.ac.uk/104032/1/Chinkin_international_human_rights_criminal_law_
published.pdf.
62 CEDAW General Recommendation 30 on women in conflict prevention, conflict and post-conflict situations, CEDAW/C/
GC/30, para. 24.
63 Liz Kelly, “Inside outsiders: Mainstreaming violence against women into human rights discourse and practice”,
International Feminist Journal of Politics, vol. 7, No. 4 (2005), pp. 471-495.
64 Sally Engle Merry, “Gender violence and the CEDAW Process”, in Translating International Law into Local Justice
(Chicago, University of Chicago Press, 2006), pp. 72 and onwards.
65 Sally Engle Merry, “Gender violence and the CEDAW Process”, in Translating International Law into Local Justice
(Chicago, University of Chicago Press, 2006).
66 The UN Decade for Women was the period between 1976 and 1985, in which the United Nations, as per the United
Nations General Assembly Resolution 3520 (XXX) adopted in December 1975, committed to devote effective and
sustained national, regional and international action to women and development. The proposal for a UN Decade for
Women was an outcome of the first United Nations women’s conference in Mexico City, in 1975. Two more global
women’s conference were organized by the United Nations within the Decade, one in Copenhagen (1980) and one in
Nairobi (1985). The Nairobi Forward-looking Strategies (1985) document stated that “violence against women exists
in various forms in everyday life in all societies. Women are beaten, mutilated, burned, sexually abused and raped”
(para. 258). In the face of such “gender-specific violence”, “governments should intensify their efforts to establish or
strengthen forms of assistance to victims of such violence through the provision of shelter, support, legal and other
services” (para. 288).
67 CEDAW Committee, General Recommendation No. 19 on violence against women, 1992 (A/47/38).
68 Desirée Bernard, former CEDAW member from Guyana, quoted in Sally Engle Merry, “Gender violence and the CEDAW
Process”, 2006, p.76.
69 This resulted for instance in the inclusion of “violence against women” as a specific area of strategic action in the
Beijing Platform for Action of 1995, the outcome document of the Fourth United Nations World Conference on Women.
Today, the Beijing Platform for Action is still the most comprehensive agenda for women’s empowerment worldwide,
and its implementation is subject to in-depth review by the Commission on the Status of Women, every five years.
70 Feride Acar and Raluca Popa, “From Feminist Legal Project to Groundbreaking Regional Treaty: The Making of the
Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence / D’un
projet juridique féministe à un traité régional novateur: la fabrication de la Convention du Conseil de l’Europe sur la
prévention et la lutte contre la violence à l’égard des femmes et la violence domestique”, Journal Européen des Droits
de l’homme/ European Journal of Human Rights, No. 3 (2016), pp. 287-319.

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 145

71 In General Recommendation 35 (2017), the CEDAW Committee has updated its seminal General Recommendation 19
taking into account the learning and significant developments in international law that have taken place in the 25 years
since its adoption.
72 CEDAW/C/GC/35, para 29 (e). This paragraph cites Vertido v. Philippines (2010) and R.P.B. v. Philippines (2014).
73 See, for example, Reyna Trujillo Reyes and Pedro Arguello Morales v. Mexico, 29 August 2017, CEDAW/C/67/D/75/2014,
para 9.3. In this case, concerning the murder of a 20-year-old woman, an alleged perpetrator was investigated and
prosecuted, but acquitted due to insufficient evidence. The CEDAW Committee found that “the authorities of the State
party do not appear to have carried out any activity with a view to clarifying the circumstances of the crime or identifying
the perpetrator, such as opening new lines of investigation”, after the date of the acquittal.
74 CEDAW/C/GC/35, para 31(a).
75 Specifically, article 20 (general support services), article 22 (specialist support services), article 23 (shelters), article
24 (telephone helplines), article 25 (support for victims of sexual violence), article 26 (protection and support for child
witnesses), article 51 (risk assessment and risk management), article 52 (emergency barring orders), article 53
(restraining or protection orders), and article 57 (legal aid).
76 CEDAW/C/GC/35, para 33.
77 CEDAW/C/GC/35, paras 26 and 30. The details of how judicial stereotypes contribute to violations of women’s right
to equality before the law are demonstrated in individual communications such as Angela González Carreño v. Spain
(2014), Isatou Jallow v. Bulgaria (2012) and J.I. v. Finland (2018). The key case is Angela González Carreño v. Spain. Angela
González Carreño wanted to protect herself and her child Andrea from the violence and harassment of her ex-husband
F.R.C., the father of Andrea. The marriage ended when Andrea was three years old. F.R.C. used contact visits with
his daughter as opportunities to physically attack his ex-wife Angela. Despite Angela making more than 30 reports of
violence to the authorities, he was only investigated, convicted and fined €45 on one occasion. Andrea told the family
court that she was afraid of her father, that he tore up her paintings, and she no longer wanted to see him. Despite
this, the family court required contact to continue, and eventually, F.R.C. killed Andrea during a contact visit and then
killed himself. Andrea was seven years old when she was killed. The CEDAW Committee found that all these elements
reflect a pattern of action that responds to a stereotyped conception of visiting rights based on formal equality which,
in the present case, gave clear advantages to the father despite his abusive conduct and minimized the situation of
mother and daughter as victims of violence, placing them in a vulnerable position. In this connection, the Committee
recalled that in matters of child custody and visiting rights, the best interests of the child must be a central concern
and that when national authorities adopt decisions in that regard, they must take into account the existence of a
context of domestic violence. The CEDAW Committee also emphasized the child’s right to be heard in legal processes.
This pathbreaking case shows that stereotypes need to be comprehensively addressed so that a clear view of violent
behaviour is taken to prosecute crimes, to intervene with civil law protective measures when women and children are
at risk, and to ensure that family law operates to protect the well-being of individuals.
78 CEDAW/C/GC/33, paras 20 (e) and (f).
79 CEDAW/C/GC/33, para 15 (f).
80 Council of Europe, Istanbul Convention. A Global Tool to Prevent and Combat Violence against Women and Girls (Strasbourg,
2014).
81 Hilary Charlesworth and Christine Chinkin, 2000, quoted in Ilaria Bottigliero, “Crimes against women during war:
International legal Protection and remedies”, in Gender Issues and International Legal Standards: Contemporary
Perspectives, Adriana Di Stefano, ed. (Florence, Editpress, 2010).
82 Ilaria Bottigliero, “Crimes against women during war: International legal protection and remedies”, in Gender Issues
and International Legal Standards: Contemporary Perspectives, Adriana Di Stefano, ed. (Florence, Editpress, 2010).
83 Patricia Viseur Sellers, The Prosecution of Sexual Violence in Conflict: The importance of Human Rights as Means of
Interpretation (Geneva, Office of the High Commissioner for Human Rights, Women’s Human Rights and Gender Unit,
2008), available at https://www2.ohchr.org/english/issues/women/docs/Paper_Prosecution_of_Sexual_Violence.pdf.
84 Rosemary Grey, Prosecuting Sexual and Gender-based Violence Crimes at the International Criminal Court (Cambridge,
Cambridge University Press, 2019), p. 321.
85 Office of the Prosecutor of the ICC, Policy Paper on Sexual and Gender-Based Crimes (The Hague, June 2014), available
at https://www.icc-cpi.int/sites/default/files/iccdocs/otp/OTP-Policy-Paper-on-Sexual-and-Gender-Based-Crimes--
June-2014.pdf.

146 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

86 Women’s Initiatives for Gender Justice and the International Federation for Human Rights (FIDH), Accountability
for Sexual and Gender-Based Crimes at the ICC: An Analysis of Prosecutor Bensouda’s Legacy (The Hague, 2021), p.12,
available at https://4genderjustice.org/jointreportlaunch_SGBCaccountability.
87 Women’s Initiatives for Gender Justice and the International Federation for Human Rights (FIDH), Accountability for
Sexual and Gender-Based Crimes at the ICC: An Analysis of Prosecutor Bensouda’s Legacy (The Hague, 2021), p.14.
88 Women’s Initiatives for Gender Justice and the International Federation for Human Rights (FIDH), Accountability for
Sexual and Gender-Based Crimes at the ICC: An Analysis of Prosecutor Bensouda’s Legacy (The Hague, 2021), p.13.
89 United Nations Security Council Resolutions S/RES/1888 (2009); S/RES/1960 (2010); S/RES/2106 (2013); S/RES/2242
(2015); S/RES/2331 (2016); S/RES/2467 (2019).
90 Report of the United Nations Secretary-General on women and peace and security, 9 October 2018 (S/2019/800),
available at https://www.un.org/shestandsforpeace/sites/www.un.org.shestandsforpeace/files/un_secretary_general_
report_on_wps_2018_english.pdf.
91 Christine Chinkin, “International Human Rights, Criminal Law and the Women, Peace and Security Agenda”, 12/2018,
Centre for Women, Peace and Security Working Paper Series (London, London School of Economics and Political
Science, 2018), available at http://eprints.lse.ac.uk/104032/1/Chinkin_international_human_rights_criminal_law_
published.pdf.
92 CEDAW/C/GC/30, para 23.
93 CEDAW/C/GC/30, para 23.
94 CEDAW/C/GC/30, para 25.
95 CEDAW/C/GC/33, para 19 (g).
96 UN Women, Turning Promises into Action: Gender Equality in the 2030 Agenda for Sustainable Development (New York,
2018) p. 188, available at https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/Library/
Publications/2018/SDG-report-Gender-equality-in-the-2030-Agenda-for-Sustainable-Development-2018-en.pdf.
97 UN Women, Global Acceleration Plan for Gender Equality (Paris, Generation Equality Forum, 2021), available at https://
forum.generationequality.org/sites/default/files/2021-06/UNW%20-%20GAP%20Report%20-%20EN.pdf.
98 United Nations, Our Common Agenda. Report of the Secretary General (New York, 2021), available at https://www.un.org/
en/content/common-agenda-report/assets/pdf/Common_Agenda_Report_English.pdf.
99 All data on Afghanistan for this paper was collected before 15 August 2021, which marks the Taliban takeover of the
country.
100 The Women, Peace and Security (WPS) index produced by the Georgetown Institute for Women, Peace and Security
draws on recognized data sources to capture three dimensions of women’s status – inclusion, justice and security – in
11 indicators: absence of legal discrimination, son bias and discriminatory norms for the dimension of justice; intimate
partner violence, community safety and organized violence for the dimension of security; and education, financial
inclusion, employment, cellphone use and parliamentary representation for the dimension of inclusion. Available at
https://giwps.georgetown.edu/the-index/.
101 The OECD Development Centre’s Social Institutions and Gender Index (SIGI) measures discrimination against women
in social institutions across 180 countries. The SIGI takes into account laws, social norms and practices to capture the
underlying drivers of gender inequality with the aim to provide the data necessary for transformative policy change.
The Demographic Health Survey Program, “Afghanistan: Standard DHS, 2015”, USAID, available at https://www.
dhsprogram.com/methodology/survey/survey-display-471.cfm.
102 The Demographic Health Survey Program, “Afghanistan: Standard DHS, 2015”, USAID, available at https://www.
dhsprogram.com/methodology/survey/survey-display-471.cfm.
103 The UNICEF global databases draw on main sources of data, such as national censuses and national household
surveys, predominantly the Multiple Indicator Cluster Surveys (MICS) and Demographic and Health Surveys (DHS).
UNICEF, “Child marriage”, UNICEF Data: Monitoring the situation of children and women, May 2022, available at
https://data.unicef.org/topic/child-protection/child-marriage/ (accessed on 9 September 2022).
104 United Nations Assistance Mission in Afghanistan, Injustice and Impunity: Mediation of Criminal Offences of Violence
against Women (Kabul, Afghanistan, United Nations Office of the High Commissioner for Human Rights, 2018), available
at https://unama.unmissions.org/sites/default/files/unama_ohchr_evaw_report_2018_injustice_and_impunity_29_
may_2018.pdf.

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 147

105 IDLO, “Gender Analysis Afghanistan”, paper prepared for Reducing the Impact of Insecurity on Afghanistan’s Legal
System (RIIALS), Rome, May 2020.
106 At the time of writing this paper, interactions with the de facto authorities indicate that there is some scope for
cooperation. IDLO continues to collaborate with UN Women, other international organizations and members of civil
society in Afghanistan to resume community-based services for women and girls affected by GBV.
107 Code of law derived from the Holy Quran and teachings and examples of the Prophet Mohammed
108 Masiha Fayez, “Afghanistan Country Context Study”, paper prepared for IDLO, Kabul, Afghanistan, August 2021.
109 Roya Rahmani, “Afghan Women Should Be the Centerpiece of the Peace Process”, Foreign Policy (blog), 10 August
2020, available at https://foreignpolicy.com/2020/08/10/afghan-women-should-be-the-centerpiece-of-the-
peaceprocess/.
110 IDLO, “Gender Analysis Afghanistan”, paper prepared for Reducing the Impact of Insecurity on Afghanistan’s Legal
System (RIIALS), Rome, May 2020.
111 Afghanistan Independent Human Rights Commission, Research Report. Forced Gynaecological Examination in
Afghanistan, 11 October 2020, available at https://www.aihrc.org.af/home/research_report/8990#.
112 UN, ‘’Gender Inequality Index 2019’’, UNdata, available at http://data.un.org/DocumentData.aspx?id=415 (accessed on
September 2022).
113 Afghanistan Independent Human Rights Commission, “Forced Gynaecological Examination in Afghanistan”, 11 October
2020, available at https://www.aihrc.org.af/home/research_report/8990#.
114 UNICEF, Child Marriage in Afghanistan: Changing the narrative, July 2018, available at https://www.unicef.org/
afghanistan/sites/unicef.org.afghanistan/files/2018-07/afg-report-Child%20Marriage%20in%20Afghanistan.pdf
115 Baad is known as the practice of “giving” a woman or girl as restitution for murder, rape or another crime to resolve a
dispute between families, criminalized under the Elimination of Violence Against Women Law.
116 Amnesty International, ‘’Afghanistan: 10-year old rape survivor faces ‘honour’ killing’’, 9 October 2014, available at
https://www.amnesty.org/en/documents/asa11/013/2014/en/.
117 Masiha Fayez, “Afghanistan Country Context Study”, paper prepared for IDLO, Kabul, Afghanistan, August 2021.
118 World Bank, ‘’Population as of 2020’’, available at https://data.worldbank.org/indicator/SP.POP.TOTL (accessed on 21
October 2021).
119 GWI, “Estudio sobre violencia basada en género en el occidente de Honduras” (Tegucigalpa, George Washington
University, USAID, 2019), available at https://pdf.usaid.gov/pdf_docs/PA00TVMV.pdf.
120 GWI, “Estudio sobre violencia basada en género en el occidente de Honduras” (Tegucigalpa, George Washington
University, USAID, 2019), available at https://pdf.usaid.gov/pdf_docs/PA00TVMV.pdf.
121 Observatorio de Igualdad de Género de América Latina y el Caribe, ”Feminicidio”, Comisión Económica para América
Latina y el Caribe, available at https://oig.cepal.org/es/indicadores/feminicidio (accessed on 22 July 2021).
122 IUDPAS, “Resultados del análisis enero-diciembre 2019”, Unidad de Muerte Violenta De Mujeres Y Femicidios,
Observatorio Nacional de la Violencia, No 15., January - December 2019.
123 Asociación para una Sociedad Más Justa, La Democracia no es solo elecciones: Fallas Estructurales, Violencia Política
y Reformas Electorales para Recuperar Legitimidad y Confianza (Tegucigalpa, 2018), available at http://biblioteca.
asjhonduras.com/wp-content/uploads/2021/07/ASJ-2018-Informe-Ejecutivo-Democracia-no-es-solo-Elecciones-v.-
Final.pdf.
124 The presidential election held in November 2021 has brought to power Xiomara Castro, who became the first female
president of Honduras with a programme that included many points on women’s rights. See Optio, “The Election of
Xiomara Castro Is a Victory for Women’s Rights in Honduras”, n.d., available at https://optio.org/2021/11/28/the_
election_of_xiomara_castro_is_a_victory_for_womens_rights/.
125 Asociación para una Sociedad Más Justa, La Democracia no es solo elecciones: Fallas Estructurales, Violencia Política
y Reformas Electorales para Recuperar Legitimidad y Confianza (Tegucigalpa, 2018), available at http://biblioteca.
asjhonduras.com/wp-content/uploads/2021/07/ASJ-2018-Informe-Ejecutivo-Democracia-no-es-solo-Elecciones-v.-
Final.pdf.
126 Association For a More Just Society, “Corruption in Honduras”, February 2020, available at https://www.asj-us.org/
learn/corruption-in-honduras.

148 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

127 La Tribuna, “Corruption in Honduras ‘Swallows’ 12.5% of GDP”, 9 February 2020, available at https://www.latribuna.
hn/2020/02/09/la-corrupcion-en-honduras-se-traga-el-12-5-del-pib/.
128 Advocacy for Human Rights in the Americas (WOLA), “Criminalidad e Inseguridad en Honduras: Evaluando la
Capacidad Estatal de Reducir la Violencia y Combatir la Criminalidad Organizada”, Serie 1, June 2020, available at
https://www.wola.org/wp-content/uploads/2020/08/Crimen-y-Violencia-HN-ESP-8.9.pdf.
129 Advocacy for Human Rights in the Americas (WOLA), “Criminalidad e Inseguridad en Honduras: Evaluando la
Capacidad Estatal de Reducir la Violencia y Combatir la Criminalidad Organizada”, Serie 1, June 2020, available at
https://www.wola.org/wp-content/uploads/2020/08/Crimen-y-Violencia-HN-ESP-8.9.pdf.
130 Ana Glenda Tager, Otto Argueta, Relaciones, roles de genero, y violencia en las pandillas de El Salvador, Guatemala y
Honduras (San Salvador, Heinrich Boll Stiftung, 2019).
131 Asociación Calidad de Vida, Tribuna de Mujeres contra los Femicidios and Oxfam, En Búsqueda de la Justicia.
Trata de Personas para la Explotación Sexual en Honduras (March 2019), available at https://oi-files-cng-prod.
s3.amazonaws.com/honduras.oxfam.org/s3fs-public/file_attachments/Trata%20de%20personas%20para%20la%20
explotaci%C3%B3n%20sexual%20-%20Caso%20de%20estudio.pdf.
132 Iniciativa Mesoamericana de Defensoras de Derechos Humanos, “Golpe de Estado, Corrupción, Extractivismo: Claves de
La Actual Crisis Política y de Derechos Humanos En Honduras” (2019), available at https://im-defensoras.org/2019/09/
boletin-golpe-de-estado-corrupcion-extractivismo-claves-de-la-actual-crisis-politica-y-de-derechos-humanos-en-
honduras/, and Iniciativa Mesoamericana de Defensoras de Derechos Humanos, “La Crisis Ya Estaba Aqui!” (2020),
available at https://im-defensoras.org/wp-content/uploads/2020/11/IMD-16Dias-ResultadosMapeo.pdf.
133 The most well-known case of intimidation of civil society leaders was the murder of the renowned environmental
activist Berta Cáceres, who led a campaign of the indigenous Lenca people against a hydroelectric project that
threatened to endanger their land. See: Comisión interamericana de Derechos Humanos, Situación de derechos
humanos en Honduras, 27 August 2019, (OEA/Ser.L/V/II. Doc. 146), available at https://www.refworld.org.es/
pdfid/5d966be54.pdf.
134 GWI, “Analizando el impacto del crimen organizado en distintos tipos de violencia contra las mujeres y las niñas
incluyendo el feminicidio en México, Centroamérica, Colombia y República Dominicana’’ (Washington D.C., George
Washington University, 2020).
135 Regional Team for Monitoring and Analysis of Human Rights in Central America, Central America Report on Human
Rights and Conflict 2020-2021, Omar Flores and Gladys Larín eds., (El Salvador, November, 2021), available at Central
Americal Report on human rights and social conflict 2020 -2021 – FESPAD
136 IUDPAS and others, “Boletín especial sobre homicidios en Honduras, 2019”, Special edition No.83, Febrero 2020.
137 The Global Health Observatory, ”Estimates of rates of homicides”, WHO, available at Estimates of rate of homicides
(per 100 000 population) (who.int) (accessed on 9 September 2022).
138 Femicide is defined in the Criminal Code of Honduras as “the murder of a woman by a man within the framework of
gender-based inequality”.
139 Observatorio de Igualdad de Género de América Latina y el Caribe, ”Feminicidio”, Comisión Económica para América
Latina y el Caribe, available at https://oig.cepal.org/es/indicadores/feminicidio (accessed on 22 July 2021).
140 IUDPAS, “Resultados del análisis enero-diciembre 2019”, Unidad de Muerte Violenta De Mujeres Y Femicidios,
Observatorio Nacional de la Violencia, No 15., January - December 2019.
141 IUDPAS, “Resultados del análisis enero-diciembre 2019”, Unidad de Muerte Violenta De Mujeres Y Femicidios,
Observatorio Nacional de la Violencia, No 15., January - December 2019.
142 Oxfam Honduras, En búsqueda de la justicia. Violencia doméstica, Desplazamiento forzado de mujeres y Trata de personas
para la explotación sexual (March 2019), available at https://honduras.oxfam.org/en-busqueda-de-justicia.
143 GWI, “Estudio sobre violencia basada en género en el occidente de Honduras” (Tegucigalpa, George Washington
University, USAID, 2019), available at https://pdf.usaid.gov/pdf_docs/PA00TVMV.pdf.
144 WHO, Violence Against Women Prevalence Estimates, 2018 (Geneva, 2021), available at https://www.who.int/
publications/i/item/9789240022256.
145 Comisión interamericana de Derechos Humanos, Situación de derechos humanos en Honduras, 27 August 2019, (OEA/
Ser.L/V/II. Doc. 146), available at https://www.refworld.org.es/pdfid/5d966be54.pdf.
146 Centro de Derechos de Mujeres, Investigación Sobre Muertes Violentas de Mujeres y Femicidios en Honduras (Tegucigalpa,
2020).

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 149

147 Honduras, Penal Code, Decree No. 130-2017, La Gaceta, Diario Oficial de la República de Honduras (10 May 2019), Article
208, available at https://www.tsc.gob.hn/web/leyes/Decreto_130-2017.pdf.
148 Advocacy for Human Rights in the Americas (WOLA), “Criminalidad e Inseguridad en Honduras: Evaluando la
Capacidad Estatal de Reducir la Violencia y Combatir la Criminalidad Organizada”, Serie 1, June 2020, available at
https://www.wola.org/wp-content/uploads/2020/08/Crimen-y-Violencia-HN-ESP-8.9.pdf.
149 Miranda Forsyth and others, “Sorcery Accusation-Related Violence in PNG Part 6: Catalysts of Accusation and
Violence”. In Brief 2021/6. Australian Aid, National Australian University (June 2021), available at: Sorcery Accusation-
Related Violence in PNG - Part 6: Catalysts of Accusation and Violence (anu.edu.au).
150 United Nations Papua New Guinea, Papua New Guinea United Nations Development Assistance Framework 2018-2022
(Port Moresby, 1 January 2018).
151 United Nations Papua New Guinea, Papua New Guinea United Nations Development Assistance Framework 2018-2022
(Port Moresby, 1 January 2018).
152 United Nations Papua New Guinea, Papua New Guinea United Nations Development Assistance Framework 2018-2022
(Port Moresby, 1 January 2018).
153 Papua New Guinea, National Statistics Office, Papua New Guinea: Demographic and Health Survey 2016-2018 (Port
Moresby, 2019).
154 M. Ganster-Breidler, “Gender-based violence and the impact on women’s health and well-being in Papua New
Guinea”, Contemporary PNG Studies, vol. 13, November 2010, pp. 17–30.
155 Emma Fulu and others, “Prevalence of and factors associated with male perpetration of intimate partner violence:
Findings from the UN Multi-country Cross-sectional Study on Men and Violence in Asia and the Pacific”, The Lancet –
Global Health, vol. 1, No. 4 (October 2013), p. 187.
156 WHO, Violence Against Women Prevalence Estimates, 2018 (Geneva, 2021), available at https://www.who.int/
publications/i/item/9789240022256.
157 World Bank, Women, Business, and the Law: Protecting women from violence (Washington D.C, 2017), available at http://
wbl.worldbank.org/en/data/exploretopics/protecting-women-from-violence.
158 Papua New Guinea, National Statistics Office, Papua New Guinea: Demographic and Health Survey 2016-2018 (Port
Moresby, 2019), available at https://dhsprogram.com/pubs/pdf/FR364/FR364.pdf.
159 Miranda Forsyth and others, “Sorcery Accusation-Related Violence in PNG Part 6: Catalysts of Accusation and
Violence”, In Brief 2021/6 (Australian Aid, National Australian University, June 2021), available at https://dpa.bellschool.
anu.edu.au/sites/default/files/publications/attachments/2021-03/sorcery_accusation_related_violence_in_png_
part_6_catalysts_of_accusation_and_violence_dpa_in_brief_2021_06_miranda_forsyth_ibolya_losoncz_philip_gibbs_
fiona_hukula_william_kipongi.pdf.
160 Miranda Forsyth and others, “Sorcery Accusation-Related Violence in PNG Part 6: Catalysts of Accusation and
Violence”, In Brief 2021/6 (Australian Aid, National Australian University, June 2021).
161 Miranda Forsyth and others, “Sorcery Accusation-Related Violence in PNG Part 6: Catalysts of Accusation and
Violence”, In Brief 2021/6 (Australian Aid, National Australian University, June 2021).
162 Mary Ellsberg and others, Violence Against Women in Melanesia and East Timor: Building on Global and Regional Promising
Approaches (AusAID Office of Development Effectiveness, Commonwealth of Australia, 2008).
163 World Bank, ‘’Population as of 2019’’, available at https://data.worldbank.org/indicator/SP.POP.TOTL (accessed on 21
October 2021).
164 Philippine Statistics Authority and ICF, National Demographic and Health Survey 2017 (Quezon City, Philippines, 2018),
available at https://psa.gov.ph/sites/default/files/PHILIPPINE%20NATIONAL%20DEMOGRAPHIC%20AND%20
HEALTH%20SURVEY%202017_new.pdf.
165 Department of National Defense, National Disaster Risk Reduction and Management Framework (Quezon City,
Philippines, 2011), available at https://www.adrc.asia/documents/dm_information/Philippines_NDRRM_Framework.
pdf.
166 National Disaster Risk Reduction and Management Council, National Disaster Risk Reduction and Management Plan
2011-2028 (Quenzon City, Philippines, 2012), available at https://ndrrmc.gov.ph/attachments/article/1980/National_
Disaster_Risk_Reduction_and_Management_Plan.pdf.

150 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

167 Ryan Jeremiah D. Quan, “Beyond Resilience: Protecting the Rights of Internally Displaced Persons in Dulag, Leyte,
in the Wake of Super Typhoon Haiyan”, in Climate change, Disasters, and Internal Displacement in Asia and the Pacific: A
Human Rights – Based Approach, Matthew Scott, Albert Salamanca, eds. (London, Routledge, 2020). See also Philippines
Climate Change Commission, “National Climate Change Action Plan 2011-2028”, n.d., available at http://climate.emb.
gov.ph/wp-content/uploads/2016/06/NCCAP-1.pdf.
168 Philippine Statistics Authority and ICF, National Demographic and Health Survey 2017 (Quezon City, Philippines, 2018),
available at https://psa.gov.ph/sites/default/files/PHILIPPINE%20NATIONAL%20DEMOGRAPHIC%20AND%20
HEALTH%20SURVEY%202017_new.pdf.
169 Cai Ordinario, “More Women Raped, Physically Abused Last Year–Govt Data”, Business Mirror, 9 March 2020, available
at https://businessmirror.com.ph/2020/03/09/more-women-raped-physically-abused-last-year-govt-data/.
170 Cai Ordinario, “More Women Raped, Physically Abused Last Year–Govt Data”, Business Mirror, 9 March 2020, available
at https://businessmirror.com.ph/2020/03/09/more-women-raped-physically-abused-last-year-govt-data/.
171 Cai Ordinario, “More Women Raped, Physically Abused Last Year–Govt Data”, Business Mirror, 9 March 2020, available
at https://businessmirror.com.ph/2020/03/09/more-women-raped-physically-abused-last-year-govt-data/.
172 United States Department of State, Trafficking in Persons Report, 20th Edition (Washington D.C, June 2020), available at
https://www.state.gov/wp-content/uploads/2020/06/2020-TIP-Report-Complete-062420-FINAL.pdf.
173 Asian Disaster Reduction Center, “Information on Disaster Risk Reduction of the Member Countries: Philippines”, n.d.,
available at https://www.adrc.asia/nationinformation.php?NationCode=608&Lang=en.
174 Christine Heckman, “Typhoon Yolanda – MIRA Secondary Data Review”, Global Protection Cluster, GBV Sub-cluster
(22 November 2013), available at https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/
assessments/GBV%20Secondary%20Data%20Review%20v4.pdf
175 Taylor Evensen, “Typhoon Haiyan: Women in the Wake of Natural Disasters”, Penn Political Review,19 March 2014,
available at https://pennpoliticalreview.org/2014/03/typhoon-haiyan-women-in-the-wake-of-natural-disasters/.
176 Taylor Evensen, “Typhoon Haiyan: Women in the Wake of Natural Disasters”, Penn Political Review,19 March 2014,
available at https://pennpoliticalreview.org/2014/03/typhoon-haiyan-women-in-the-wake-of-natural-disasters/.
177 International Federation of Red Cross and Red Crescent Societies, The Responsibility to Prevent and Respond to Sexual
and Gender-Based Violence in Disasters and Crises (2018), available at https://oldmedia.ifrc.org/ifrc/wp-content/
uploads/2018/07/17072018-SGBV-Report_Final.pdf.pdf.
178 Ryan Jeremiah D. Quan, “Human rights and the gender dynamics of climate change”, in Elgar Encyclopedia of
Environmental Law, Michael Faure (ed.), (Northampton: Edward Elgar Publishing, 2019), pp. 235-253.
179 Mary Ellsberg and others, “No safe place: Prevalence and correlates of violence against conflict-affected women
and girls in South Sudan”, PLOS ONE, vol. 15, No. 10, October 2020, available at https://doi.org/10.1371/journal.
pone.0237965.
180 Mary Ellsberg and others, “No safe place: Prevalence and correlates of violence against conflict-affected women
and girls in South Sudan”, PLOS ONE, vol. 15, No. 10, October 2020, available at https://doi.org/10.1371/journal.
pone.0237965.
181 United Nations Security Council, Situation in South Sudan: Report from the Secretary General (S/2020/536).
182 GWI and others, No Safe Place: A Lifetime of Violence against Conflict Affected Women and Girls in South Sudan. Policy Brief
(Washington D.C. and London, 2017), available at https://globalwomensinstitute.gwu.edu/sites/g/files/zaxdzs1356/f/
downloads/No%20Safe%20Place_Policy_Brief_.pdf.
183 United Nations Security Council, Situation in South Sudan: Report from the Secretary General (S/2020/536).
184 Amnesty International, Nowhere Is Safe: Civilians Under Attack in South Sudan (London, 2014), available at South Sudan:
Nowhere safe: Civilians under attack in South Sudan - Amnesty International.
185 University of Limerick and NUI Galway, Economic and Social Costs of Violence Against Women in South Sudan: Summary
Report (Galway, 2019), available at https://www.ipsos.com/sites/default/files/ct/publication/documents/2019-07/
economic-social-costs-violence-women-girls-south-sudan-2019.pdf.
186 Mary Ellsberg and others, “If You Are Born a Girl in This Crisis, You Are Born a Problem’: Patterns and Drivers of
Violence Against Women and Girls in Conflict-Affected South Sudan”, Violence Against Women, vol. 27, No. 15-16 (March
2021), pp. 3030-3055.
187 United Nations Security Council, Situation in South Sudan: Report from the Secretary General (S/2020/536).

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 151

188 Devon Cone, “Still in danger: Women and girls face sexual violence in South Sudan despite Peace Deal”,
Field Report, Refugees International (October 2019), p. 28, available at https://static1.squarespace.com/
static/506c8ea1e4b01d9450dd53f5/t/5da7a363aede156263052d42/1571267435576/South+Sudan+-+Devon+-
+October+2019+-+1.0.pdf.
189 United Nations Security Council, Situation in South Sudan: Report from the Secretary General (S/2020/536).
190 United Nations Security Council, Situation in South Sudan: Report from the Secretary General (S/2020/536), and
Southern Sudan Centre for Census, Statistics and Evaluation. “Key Indicators for Southern Sudan”, 8 February
2011, available at http://static1.1.sqspcdn.com/static/f/750842/11454113/1301369111513/Key+Indicators_A5_final.
pdf?token=Cys2u9nDx5Uy2EFbO7BxX.
191 GWI and others, No Safe Place: A Lifetime of Violence against Conflict Affected Women and Girls in South Sudan. Main
Results Report (Washington D.C. and London, 2017), available at https://www2.gwu.edu/~mcs/gwi/No_Safe_Place_
Full_Report.pdf.
192 Mary Ellsberg and others, “No safe place: Prevalence and correlates of violence against conflict-affected women
and girls in South Sudan”, PLOS ONE, vol. 15, No. 10, October 2020, available at https://doi.org/10.1371/journal.
pone.0237965.
193 University of Limerick and NUI Galway, Economic and Social Costs of Violence Against Women in South Sudan: Summary
Report (Galway, 2019), available at https://www.ipsos.com/sites/default/files/ct/publication/documents/2019-07/
economic-social-costs-violence-women-girls-south-sudan-2019.pdf.
194 Mary Ellsberg and others, “If You Are Born a Girl in This Crisis, You Are Born a Problem’: Patterns and Drivers of
Violence Against Women and Girls in Conflict-Affected South Sudan”, Violence Against Women, vol. 27, No. 15-16 (March
2021), pp. 3030-3055.
195 University of Limerick and NUI Galway, Economic and Social Costs of Violence Against Women in South Sudan: Summary
Report (Galway, 2019), available at https://www.ipsos.com/sites/default/files/ct/publication/documents/2019-07/
economic-social-costs-violence-women-girls-south-sudan-2019.pdf.
196 Mary Ellsberg and others, “If You Are Born a Girl in This Crisis, You Are Born a Problem’: Patterns and Drivers of
Violence Against Women and Girls in Conflict-Affected South Sudan”, Violence Against Women, vol. 27, No. 15-16 (March
2021), pp. 3030-3055.
197 Deidre Clancy, Falling through the cracks: Reflections on customary law and the imprisonment of women in South
Sudan (The Strategic Initiative for Women in the Horn of Africa, 2012).
198 WHO, Violence Against Women Prevalence Estimates, 2018 (Geneva, 2021), available at https://www.who.int/
publications/i/item/9789240022256.
199 Amnesty International, “Tunisia: The tragic truth about domestic violence”, 21 May 2021, available at https://www.
amnesty.org/en/latest/news/2021/05/tunisia-tragic-truth-about-domestic-violence/
200 Saarthak Madan, “10 Years Later: How Tunisia Managed the Democratic Transition”, Borgen Magazine, 20 April 2021,
available at https://www.borgenmagazine.com/tunisia-democratic-transition/.
201 The World Organisation Against Torture, Violence against Women in Tunisia (Geneva, 2002), available at http://www.omct.
org/files/2002/01/2194/tunisiaeng2002.pdf.
202 Gender Concerns International, “The Situation of Women in Tunisia’’, n.d., available at http://www.genderconcerns.org/
country-in-focus/tunisia/the-situation-of-women-in-tunisia/.
203 Youssef Mahmoud “Tunisia’s New Protections for Women: A Legislative Revolution and Missed Opportunity”, IPI Global
Observatory, 9 August 2017, available at https://theglobalobservatory.org/2017/08/tunisia-violence-against-women-
law/.
204 Report of the Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, A/HRC/17/30, A/
HRC/17/30.Corr.1.
205 Khaled Mejri, “Tunisia Country Context Study”, paper prepared for IDLO, Tunis, Tunisia, August 2021.
206 World Bank, Women, Business and the Law 2021 (Washington D.C., 2021), available at https://doi.org/10.1596/978-1-
4648-1652-9.
207 UN Women, “Constitutional Database”, Global Gender Equality Constitutional Database, available at https://
constitutions.unwomen.org/en/dashboard (accessed 24 September 2021).
208 OECD, SIGI 2019 Global Report: Transforming Challenges into Opportunities (Paris, 2019), available at https://doi.
org/10.1787/bc56d212-en.

152 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

209 Paula Tavares and Quentin Wodon, “Global and Regional Trends in Women’s Legal Protection Against Domestic
Violence and Sexual Harassment”, Ending Violence against Women and Girls Series (Washington D.C., World
Bank, 2018), available at https://thedocs.worldbank.org/en/doc/679221517425064052-0050022018/original/
EndingViolenceAgainstWomenandGirlsGBVLawsFeb2018.pdf.
210 End FGM European Network, US End FGM/C Network and Equality Now, Female Genital Mutilation/Cutting: A Call for a
Global Response (Equality Now, 2020), available at https://www.equalitynow.org/resource/female-genital-mutilation-
cutting-a-call-for-a-global-response/.
211 UNODC, Global Report on Trafficking in Persons 2020 (Vienna, 2020), available at https://www.unodc.org/documents/
data-and-analysis/tip/2021/GLOTiP_2020_15jan_web.pdf.
212 Paula Tavares and Quentin Wodon, “Global and Regional Trends in Women’s Legal Protection Against Domestic
Violence and Sexual Harassment”, Ending Violence against Women and Girls Series, (Washington D.C., World
Bank, 2018), available at https://thedocs.worldbank.org/en/doc/679221517425064052-0050022018/original/
EndingViolenceAgainstWomenandGirlsGBVLawsFeb2018.pdf.
213 United Nations Interagency Network on Women and Gender Equality, 25 Years After Beijing: A Review of the UN System’s
Support for the Implementation of the Platform for Action, 2014-2019 (New York, United Nations, 2020), available at https://
www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/Library/Publications/2020/IANWGE-
Review-of-UN-system-support-for-implementation-of-Platform-for-Action-2014-2019-en.pdf.
214 UN Women, Progress of the World’s Women 2011-2012: In Pursuit of Justice (New York, United Nations, 2011), available
at https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/Library/Publications/2011/
ProgressOfTheWorldsWomen-2011-en.pdf.
215 Waafas Ofosu-Amaah, Rea Abada Chiongson, and Camilla Gandini, “Justice Sector Delivery of Services in the Context
of Fragility and Conflict: What Is Being Done to Address Sexual and Gender-Based Violence”, in The World Bank Legal
Review: Improving Delivery in Development: The Role of Voice, Social Contract, and Accountability, vol. 6, Jan Wouters and
others, eds. (Washington D.C., World Bank, 2015), available at https://doi.org/10.1596/978-1-4648-0378-9_ch12.
216 While marital rape is not specifically criminalized in Tunisia, the legal definition of rape makes clear that it can be
committed by anyone, without exceptions. This opens the possibility for the prosecution of marital rape.
217 UN Women, Equality in Law for Women and Girls by 2030: A Multi-Stakeholder Strategy for Accelerated Action (New
York, 2019), available at https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/Library/
Publications/2019/Equality-in%20law-for-women-and-girls-en.pdf.
218 Strengthening Crime Prevention and Criminal Justice Responses to Violence against Women, UN General Assembly
Resolution on the report of the Third Committee (A/65/457), 31 March 2011 (A/RES/65/228).
219 Rape as a grave, systematic and widespread human rights violation, a crime and a manifestation of gender-based violence
against women and girls, and its prevention, Report of the Special Rapporteur on violence against women and girls, and
its prevention (A/HRC/47/26); A framework for legislation on rape (model rape law): Report of the Special Rapporteur on
violence against women and girls, its causes and consequences (A/HRC/47/26/Add.1).
220 Rape as a grave, systematic and widespread human rights violation, a crime and a manifestation of gender-based violence
against women and girls, and its prevention, Report of the Special Rapporteur on violence against women and girls, and
its prevention (A/HRC/47/26); A framework for legislation on rape (model rape law): Report of the Special Rapporteur on
violence against women and girls, its causes and consequences (A/HRC/47/26/Add.1).
221 Equality Now, “The World’s Shame: The Global Rape Epidemic: How Laws Around the World Are Failing to Protect
Women and Girls from Sexual Violence”, 7 November 2017, available at https://www.equalitynow.org/resource/the-
worlds-shame-the-global-rape-epidemic/.
222 European Union and United Nations, Iniciativa Spotlight En Honduras: Análisis de Organizaciones de Sociedad Civil Para El
Trabajo En Datos Sobre VCMN y Femicidio En Honduras (Tegucigalpa, 2020).
223 Department of Pacific Affairs and Development Policy Centre, FemiliPNG Protection Order Data 2016-2017 (Canberra
ACT, Australian National University, 2018).
224 Sarah Bott, Andrew Morrison, and Mary Ellsberg, “Preventing and Responding to Gender-Based Violence in Middle and
Low-Income Countries: A Global Review and Analysis”, Policy Research- Working Papers, (Washington D.C., World
Bank, 2005),available at https://doi.org/10.1596/1813-9450-3618.
225 Centro de Derechos de Mujeres, “El Nuevo Codigo Penal y los derechos Humanos de las Mujeres en Honduras”,
Observatorio de Derechos Humanos de las Mujeres (May 2020), available at https://derechosdelamujer.org/wp-
content/uploads/2020/05/Boleti%C3%ACn-nuevo-Co%C3%ACdigo-Penal-17MAY2020.pdf.

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 153

226 Centro de Derechos de Mujeres, ”El Nuevo Codigo Penal y los derechos Humanos de las Mujeres en Honduras”,
Observatorio de Derechos Humanos de las Mujeres (May 2020), available at https://derechosdelamujer.org/wp-
content/uploads/2020/05/Boleti%C3%ACn-nuevo-Co%C3%ACdigo-Penal-17MAY2020.pdf.
227 With a sentence that ranges from three to six years of jail.
228 Centro de Derechos de Mujeres, “El Nuevo Codigo Penal y los derechos Humanos de las Mujeres en Honduras”,
Observatorio de Derechos Humanos de las Mujeres (May 2020), available at https://derechosdelamujer.org/wp-
content/uploads/2020/05/Boleti%C3%ACn-nuevo-Co%C3%ACdigo-Penal-17MAY2020.pdf.
229 UN Women, Equality in Law for Women and Girls by 2030: A Multi-Stakeholder Strategy for Accelerated Action (New
York, 2019), available at https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/Library/
Publications/2019/Equality-in%20law-for-women-and-girls-en.pdf.
230 UNODC, Handbook for the Judiciary on Effective Criminal Justice Responses to Gender Based Violence against Women and
Girls (Vienna, 2019), available at https://www.unodc.org/pdf/criminal_justice/HB_for_the_Judiciary_on_Effective_
Criminal_Justice_Women_and_Girls_E_ebook.pdf.
231 Afghanistan Independent Human Rights Commission, Forced Gynecological Examination in Afghanistan, 11 October 2020,
available at https://www.aihrc.org.af/home/research_report/8990#.
232 Sarah Bott, Andrew Morrison, and Mary Ellsberg, “Preventing and Responding to Gender-Based Violence in Middle and
Low-Income Countries: A Global Review and Analysis”, Policy Research- Working Papers, (Washington D.C., World
Bank, 2005), available at https://doi.org/10.1596/1813-9450-3618.
233 Philippines, An Act Providing for the Magna Carta of Women, Republic Act No. 9710 (2009).
234 UN Women, Equality in Law for Women and Girls by 2030: A Multi-Stakeholder Strategy for Accelerated Action (New
York, 2019), available at https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/Library/
Publications/2019/Equality-in%20law-for-women-and-girls-en.pdf.
235 The Muslim minority make up around 11 per cent of the population.
236 Honduras, Código de Familia, Decreto No, 76-84, art. 257
237 Victor Tanner, “Strengthening Women’s Control Over Land: Inheritance Reform in Tunisia”, Developing Alternatives,
DAI, 20 February 2020, available at Strengthening Women’s Control Over Land: Inheritance Reform in Tunisia (dai-
global-developments.com).
238 The Musawah is a collective of Islamic women’s organizations. It endorsed a Framework of Action in 2009 to encourage
the reinterpretation of the Quran to uphold principles of justice and international human rights in Muslim societies, see
https://www.musawah.org/.
239 Musawah “Campaign for Justice in Muslim Family Laws”, available at https://www.musawah.org/campaign-for-
justice/.
240 UN Women, Equality in Law for Women and Girls by 2030: A Multi-Stakeholder Strategy for Accelerated Action (New
York, 2019), available at https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/Library/
Publications/2019/Equality-in%20law-for-women-and-girls-en.pdf.
241 Paula Tavares and Quentin Wodon, “Global and Regional Trends in Women’s Legal Protection Against Domestic
Violence and Sexual Harassment”, Ending Violence against Women and Girls Series, (Washington D.C., World
Bank, 2018), available https://thedocs.worldbank.org/en/doc/679221517425064052-0050022018/original/
EndingViolenceAgainstWomenandGirlsGBVLawsFeb2018.pdf.
242 While causality is not established, the relation is statistically significant. A study by Klugman and Li (2018) compared
146 countries – some with and some without IPV laws – and found that the prevalence of IPV is much lower in those
countries with legislation prohibiting violence. Further analysis of these results demonstrated that, on average,
controlling for national income, and women’s asset rights, education and adverse norms – the existence of IPV
legislation is associated with 5.4 percentage point lower IPV prevalence at the national level. See Jeni Klugman,
“Women’s rights – the state of play: How far have we come since the Beijing Declaration?” in International Women’s
Rights Law and Gender Equality: Making the Law Work for Women, Ramona Vijeyarasa, Ramona, ed. (Oxon, New York,
Routledge, 2021).
243 Jeni Klugman, “Gender Based Violence and the Law” Background Paper for the World Development Report 2017
(Washington, D.C., World Bank, 2017), available at https://doi.org/10.1596/26198.

154 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

244 Commission on Human Rights, Report of the Special Rapporteur on Violence Against Women, its causes and
consequences, Ms. Radhika Coomaraswamy, submitted in accordance with Commission on Human Rights Resolution
1995/85: A Framework for Model Legislation on Domestic Violence (E/CN.4/1996/53/Add.2). To illustrate this, Lawyers
Collective, a civil society organization in India, used the model law when drafting and campaigning for the enactment of
the country’s Protection of Women from Domestic Violence Act (2005).
245 A framework for legislation on rape (model rape law): Report of the Special Rapporteur on violence against women and
girls, its causes and consequences (A/HRC/47/26/Add.1).
246 ‘Special laws’ on GBV tend to be comprehensive in nature, encompassing criminal, family, administrative or labor law
provisions, as well as measures related to prevention of GBV. The Spanish Organic Act on Integrated Protection Measures
against Gender Violence (2004) is often given as an example. See UN Women, Handbook for Legislation on Violence against
Women (New York, 2012), available at https://www.unwomen.org/sites/default/files/Headquarters/Attachments/
Sections/Library/Publications/2012/12/UNW_Legislation-Handbook%20pdf.pdf.
247 Philippines, An Act Declaring Sexual Harassment Unlawful in the Employment, Education, or Training Environment,
and for Other Purposes, Republic Act No. 7877 (1995).
248 Philippines, An Act Defining Violence Against Women and Their Children, Providing for Protective Measures for Victims,
Prescribing Penalties Therefore, and for Other Purposes, Republic Act No. 9262 (2004).
249 Philippines, An Act Expanding Republic Act No. 9208, Entitled “An Act to Institute Policies to Eliminate Trafficking in
Persons Especially Women and Children, Establishing the Necessary Mechanisms for the Protection and Support of
Trafficked Persons, Providing Penalties for its Violations and for Other Purposes”, Republic Act No. 10364 (2012).
250 Philippines, An Act Defining Gender-Based Sexual Harassment in Streets, Public Spaces, Online, Workplaces, and
Educational or Training Institutions, Providing Protective Measures and Prescribing Penalties Therefor, Republic Act
No. 11313 (2019).
251 Philippines, An Act Defining Gender-Based Sexual Harassment in Streets, Public Spaces, Online, Workplaces, and
Educational or Training Institutions, Providing Protective Measures and Prescribing Penalties Therefor, Republic Act
No. 11313 (2019).
252 Paula Tavares and Quentin Wodon, “Global and Regional Trends in Women’s Legal Protection Against Domestic
Violence and Sexual Harassment”, Ending Violence against Women and Girls Series (Washington D.C., World
Bank, 2018), available https://thedocs.worldbank.org/en/doc/679221517425064052-0050022018/original/
EndingViolenceAgainstWomenandGirlsGBVLawsFeb2018.pdf.
253 Sarah Bott, Andrew Morrison, and Mary Ellsberg, “Preventing and Responding to Gender-Based Violence in Middle
and Low-Income Countries: A Global Review and Analysis”, Policy Research- Working Papers (Washington D.C., World
Bank, 2005), available at https://doi.org/10.1596/1813-9450-3618.
254 Honduras, Penal Code, Decree No. 130-2017, La Gaceta, Diario Oficial de la República de Honduras (10 May 2019), Article
289; Honduras, Ley Contra la Violencia Reformada, Decreto 132-97.
255 GWI and others, No Safe Place: A Lifetime of Violence against Conflict Affected Women and Girls in South Sudan. Main
Results Report (Washington D.C. and London, 2017), available at https://www2.gwu.edu/~mcs/gwi/No_Safe_Place_
Full_Report.pdf.
256 Gender Equality Observatory for Latin America and the Caribbean. 2018. “Femicide, the Most Extreme Expression of
Violence against Women”, Notes for Equality, No. 27 (15 November 2018), available at https://oig.cepal.org/sites/default/
files/nota_27_eng.pdf.
257 Gender Equality Observatory for Latin America and the Caribbean. 2018. “Femicide, the Most Extreme Expression of
Violence against Women”, Notes for Equality, No. 27 (15 November 2018), available at https://oig.cepal.org/sites/default/
files/nota_27_eng.pdf.
258 UN Women, IDLO, UNDP, UNODC and the Pathfinders, Justice for Women High-Level Group Report (Rome, 2019),
available at https://www.idlo.int/sites/default/files/pdfs/publications/Justice-for-Women_Full-Report-English.pdf.
259 UN Women and others, A Practitioner’s Toolkit on Women’s Access to Justice Programming (New York, 2018), available at
https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/Library/Publications/2018/WA2J-
Complete-toolkit-en.pdf.
260 OHCHR, Workshop Report: Strategic Litigation for Sexual and Gender-Based Violence: Lessons Learned (Geneva,
2019), available at https://www.ohchr.org/Documents/Issues/Women/WRGS/OHCHR-StrategicLitigationforSV-
workshopreport-web.pdf.

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 155

261 Supreme Court Special Bench, On behalf of the Forum for Women, Law and Development, Thapathali, ward No. 11 of
Kathmandu Municipal Corporation and on her own, Advocate Meera Dhungana, 33, a resident of the same v. His Majestty’s
Government, Ministry of Law, Justice and Parliamentary Affairs, His Majesty’s Government, Cabinet Secretariat, Singhdurbar,
The House of Representatives, Singhdarbar, Kathamandu, The National Assembly, Writ No, 55 of the year 2058 BS (2001-
2002), Marital Rape Court Decision, available at https://www.globalhealthrights.org/wp-content/uploads/2013/10/The-
Forum-for-Women-Law-and-Development-Nepal-2002.pdf.
262 Aisling Swaine and others, “Exploring the Intersection of Violence Against Women and Girls with Post-Conflict State-
building and Peacebuilding Processes: A New Analytical Framework”, Journal of Peacebuilding & Development, vol. 14,
No. 1 (1 April 2019), available at https://doi.org/10.1177/1542316619833877.
263 Laura Grenfell, “Women’s Role in Reconstructing the Post-Conflict State”, in Imagining Law, Essays in Conversation
with Judith Gardam, Dale Stephens and Paul Babie, eds. (University of Adelaide Press, 2016), pp. 219-242, available at
https://www.jstor.org/stable/10.20851/j.ctt1sq5x0z.14.
264 Visit to Nepal: Report of the Special Rapporteur on Violence against Women, its causes and consequences, Human Rights
Council, 41st session, 24 June–12 July 2019 (A/HRC/41/42/Add.2).
265 Julie L. Arostegui and Veronica Eragu Bichetero, Women, Peace and Security: Practical Guidance on Using Law to
Empower Women in Post-Conflict Systems (Washington D.C., Women in International Security, 2014), available at https://
wiisglobal.org/wp-content/uploads/2015/03/WPS-Toolkit-Electronic.pdf.
266 University of Limerick and NUI Galway, Economic and Social Costs of Violence Against Women in South Sudan: Summary
Report (Galway, 2019), available at https://www.ipsos.com/sites/default/files/ct/publication/documents/2019-07/
economic-social-costs-violence-women-girls-south-sudan-2019.pdf.
267 Philippines, An Act Providing for the Magna Carta of Women, Republic Act No. 9710 (2009), section 10.
268 Philippines, An Act Strengthening the Philippine Disaster Risk Reduction and Management System, Providing for
the National Disaster Risk Reduction and Management Framework and Institutionalizing the National Disaster Risk
Reduction and Management Plan, Appropriating Funds Therefor and for Other Purposes, Republic Act 10121 (2010),
section 3 (oo).
269 Philippines, Rules and Regulations Implementing the Magna Carta of Women, rule IV, section 13 (B)(4).
270 UN Women Morocco, “Femmes, Paix et Sécurité : la Tunisie lance son plan d’action national pour une mise en œuvre
effective de la résolution du conseil de sécurité 1325” , 6 July 2018, available at https://morocco.unwomen.org/fr/
actualites-evenements/actualites/2018/07/seminaire-pan1325-tunisie-4-juillet (accessed on 9 September 2022).
271 Ministère des Affaires de la Femme et de la Famille de la Tunisie and Le Fonds des Nations Unies pour la
Population, Stratégie Nationale de Lutte contre la violence à l’égard des femmes (2008), available at https ://rm.coe.
int/1680591e0a.
272 Key informant interview, 22 February 2022.
273 Mala Htun and S. Laurel Weldon, “The Civic Origins of Progressive Policy Change: Combating Violence against Women
in Global Perspective, 1975–2005”, American Political Science Review, vol. 106, No. 3 (August 2012), available at https://
doi.org/10.1017/S0003055412000226.
274 S. Laurel Weldon and Mala Htun. 2013, “Feminist Mobilisation and Progressive Policy Change: Why Governments Take
Action to Combat Violence against Women”, Gender & Development, vol. 21, No. 2 (4 July 2013), available at https://doi.or
g/10.1080/13552074.2013.802158.
275 S. Laurel Weldon and Mala Htun. 2013, “Feminist Mobilisation and Progressive Policy Change: Why Governments Take
Action to Combat Violence against Women”, Gender & Development, vol. 21, No. 2 (4 July 2013), available at https://doi.or
g/10.1080/13552074.2013.802158.
276 Aisling Swaine and others, “Exploring the Intersection of Violence Against Women and Girls with Post-Conflict State-
building and Peacebuilding Processes: A New Analytical Framework”, Journal of Peacebuilding & Development, vol. 14,
No. 1 (1 April 2019), available at https://doi.org/10.1177/1542316619833877.
277 Report of the Working Group on the Issue of Discrimination against Women in Law and Practice, UN Human Rights Council,
38th session, 18 June–6 July 2018 (A/HRC/38/46).
278 Verana Thomas, Jackie Kauli, and Patrick Rawstorne, Understanding Gender-based and Sorcery Related Violence in
Papua New Guinea: An analysis of data collected from Oxfam partners 2013-2016 (Oxfam and Queensland University of
Technology, 2017).

156 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

279 In the majority of countries with available data, fewer than 4 in 10 women who experience violence seek help of any
sort and, among those who do, fewer than 10 per cent report their assault to the police (UN Women, IDLO, UNDP,
UNODC and the Pathfinders, Justice for Women High-Level Group Report (Rome, 2019), p. 23, available at https://www.
idlo.int/sites/default/files/pdfs/publications/Justice-for-Women_Full-Report-English.pdf. New data on violence against
women during COVID-19 confirms that only 1 in 10 women would seek help from police if they experienced domestic
violence (UN Women and Women Count, Measuring the Shadow pandemic: Violence against women during COVID-19
(New York, UN Women, 2021) p. 14, available at https://data.unwomen.org/sites/default/files/documents/Publications/
Measuring-shadow-pandemic.pdf).
280 See also GWI and others, No Safe Place: A Lifetime of Violence against Conflict Affected Women and Girls in South Sudan.
Main Results Report (Washington D.C. and London, 2017), pp. 12-13, available at https://www2.gwu.edu/~mcs/gwi/
No_Safe_Place_Full_Report.pdf.
281 The Anti-Violence Against Women and Their Children Act of 2004 in the Philippines provides for three types of
protection orders: (1) barangay protection order; (2) temporary protection order; and (3) permanent protection order.
The Barangay VAW Desks are primarily tasked to assist victims of VAW in securing a barangay protection order and
accessing other necessary services. Once an application for a barangay protection order is received, the barangay
captain or councilor must immediately issue it on the same day, after the completion of their ex parte determination.
282 Mary Ellsberg and others, “‘If You Are Born a Girl in This Crisis, You Are Born a Problem’: Patterns and Drivers of
Violence Against Women and Girls in Conflict-Affected South Sudan”, Violence Against Women, vol. 27, No. 15-16
(March 2021), pp. 3030-3055.
283 IDLO, “Gender Analysis Afghanistan”, paper prepared for Reducing the Impact of Insecurity on Afghanistan’s Legal
System (RIIALS) project, Rome, May 2020.
284 Asociación Calidad de Vida, Tribuna de Mujeres contra los Femicidios and Oxfam, En Búsqueda de la Justicia.
Trata de Personas para la Explotación Sexual en Honduras (March 2019), available at https://oi-files-cng-prod.
s3.amazonaws.com/honduras.oxfam.org/s3fs-public/file_attachments/Trata%20de%20personas%20para%20la%20
explotaci%C3%B3n%20sexual%20-%20Caso%20de%20estudio.pdf.
285 European Union and United Nations, Iniciativa Spotlight En Honduras: Análisis de Organizaciones de Sociedad Civil Para El
Trabajo En Datos Sobre VCMN y Femicidio En Honduras (Tegucigalpa, 2020).
286 Mary Ellsberg and others, “‘If You Are Born a Girl in This Crisis, You Are Born a Problem’: Patterns and Drivers of
Violence Against Women and Girls in Conflict-Affected South Sudan”, Violence Against Women, vol. 27, No. 15-16 (March
2021), pp. 3030-3055.
287 Asociación Calidad de Vida, Tribuna de Mujeres contra los Femicidios and Oxfam, En Búsqueda de la Justicia.
Trata de Personas para la Explotación Sexual en Honduras (March 2019), available at https://oi-files-cng-prod.
s3.amazonaws.com/honduras.oxfam.org/s3fs-public/file_attachments/Trata%20de%20personas%20para%20la%20
explotaci%C3%B3n%20sexual%20-%20Caso%20de%20estudio.pdf.
288 Comisión interamericana de Derechos Humanos, Situación de derechos humanos en Honduras, 27 August 2019, (OEA/
Ser.L/V/II. Doc. 146), available at https://www.refworld.org.es/pdfid/5d966be54.pdf.
289 Sinclair Dinnen, Internal Security in Papua New Guinea: Trends and Prospects (Sydney, Lowy Institute, 2017), available at
https://interactives.lowyinstitute.org/archive/png-in-2017/downloads/Dinnen_Security.pdf.
290 UNICEF East Asia and the Pacific Regional Office, UNFPA Asia and Pacific Regional Office, and UN Women Asia and
Pacific Regional Office, Ending Violence against Women and Children in Papua New Guinea: Opportunities and Challenges
for Collaborative and Integrative Approaches (Bangkok, UNICEF, 2020), available at https://www.unicef.org/eap/
media/7341/file/Ending%20Violence%20against%20Women%20and%20Children%20in%20Papua%20New%20Guinea.
pdf.
291 Council of Europe, Mid Term Horizontal Review of GREVIO Baseline Evaluation Reports (Strasbourg, 2021), available at
https://rm.coe.int/prems-010522-gbr-grevio-mid-term-horizontal-review-rev-february-2022/1680a58499.
292 Waafas Ofosu-Amaah, Rea Abada Chiongson, and Camilla Gandini, “Justice Sector Delivery of Services in the Context
of Fragility and Conflict: What Is Being Done to Address Sexual and Gender-Based Violence”, in The World Bank Legal
Review: Improving Delivery in Development: The Role of Voice, Social Contract, and Accountability, vol. 6, Jan Wouters and
others, eds. (Washington D.C., World Bank, 2015), available at https://doi.org/10.1596/978-1-4648-0378-9_ch12.
293 Mary Ellsberg and others, “‘If You Are Born a Girl in This Crisis, You Are Born a Problem’: Patterns and Drivers of
Violence Against Women and Girls in Conflict-Affected South Sudan”, Violence Against Women, vol. 27, No. 15-16 (March
2021), pp. 3030-3055.
294 Honduras, Criminal Procedure Code, Decreto no. 9-99-E, revised in 2019, article 45.

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 157

295 Asociación Calidad de Vida, Tribuna de Mujeres contra los Femicidios and Oxfam, En Búsqueda de la Justicia.
Trata de Personas para la Explotación Sexual en Honduras (March 2019), available at https://oi-files-cng-prod.
s3.amazonaws.com/honduras.oxfam.org/s3fs-public/file_attachments/Trata%20de%20personas%20para%20la%20
explotaci%C3%B3n%20sexual%20-%20Caso%20de%20estudio.pdf.
296 The Electronic Centre for Judicial Documentation and Information (CEDIJ) is an organ of the judiciary, which produces
statistical bulletins with information on the volume of domestic violence cases, as well as information on changes in
jurisprudence.
297 Poder Judicial de Honduras, Boletín Estadístico Judicial (2019).
298 United Nations Assistance Mission in Afghanistan, Injustice and Impunity: Mediation of Criminal Offences of Violence
against Women (Kabul, OHCHR, 2019), available at https://unama.unmissions.org/sites/default/files/unama_ohchr_
evaw_report_2018_injustice_and_impunity_29_may_2018.pdf.
299 United Nations Assistance Mission in Afghanistan, Injustice and Impunity: Mediation of Criminal Offences of Violence
against Women (Kabul, OHCHR, 2019), available at https://unama.unmissions.org/sites/default/files/unama_ohchr_
evaw_report_2018_injustice_and_impunity_29_may_2018.pdf.
300 Mary Ellsberg and others, “‘If You Are Born a Girl in This Crisis, You Are Born a Problem’: Patterns and Drivers of
Violence Against Women and Girls in Conflict-Affected South Sudan”, Violence Against Women, vol. 27, No. 15-16 (March
2021), pp. 3030-3055.
301 IDLO, Issue Brief Navigating Complex Pathways to Justice: Women and Customary and Informal Justice Systems (Rome,
2020), available at https://www.idlo.int/publications/issue-brief-women-and-customary-and-informal-justice-systems.
302 South Sudan, The Local Government Act, 2009.
303 Mary Ellsberg and others, “‘If You Are Born a Girl in This Crisis, You Are Born a Problem’: Patterns and Drivers of
Violence Against Women and Girls in Conflict-Affected South Sudan”, Violence Against Women, vol. 27, No. 15-16 (March
2021), pp. 3030-3055.
304 GWI and others, No Safe Place: A Lifetime of Violence for Conflict-Affected Women and Girls in South Sudan. Main Results
Report (Washington, D.C., 2017), available at https://www2.gwu.edu/~mcs/gwi/No_Safe_Place_Full_Report.pdf.
305 Mary Ellsberg and others, Ending Violence against Women: Evaluating a Decade of Australia’s Development Assistance
(Department of Foreign Affairs and Trade (DFAT), Canberra, 2019), available at https://www.dfat.gov.au/sites/default/
files/evawg-final-report-nov-19.pdf.
306 UN Women, “Women’s Police Stations in Latin America Case Study: An Entry Point for Stopping Violence and Gaining
Access to Justice”, December 2011, available at https://www.endvawnow.org/uploads/browser/files/security_wps_
case_study.pdf.
307 UN Women, “Women’s Police Stations in Latin America Case Study: An Entry Point for Stopping Violence and Gaining
Access to Justice”, December 2011, available at https://www.endvawnow.org/uploads/browser/files/security_wps_
case_study.pdf.
308 Mary Ellsberg and others, Ending Violence against Women: Evaluating a Decade of Australia’s Development Assistance
(Department of Foreign Affairs and Trade (DFAT), Canberra, 2019), available at https://www.dfat.gov.au/sites/default/
files/evawg-final-report-nov-19.pdf.
309 Judy Putt and Sinclair Dinnen, Reporting, Investigating and Prosecuting Family and Sexual Violence Offences in Papua New
Guinea (Canberra ACT, Department of Pacific Affairs, Australian National University, 2020), available at https://dpa.
bellschool.anu.edu.au/sites/default/files/publications/attachments/2020-07/dpa_fsv_report_2020_7_july_smallfile_-_
updated.pdf.
310 GHD Pty Ltd., Evaluation of the RPNGC Family and Sexual Violence Unit (Brisbane, Cardno, Australian Aid, 2015), available
at https://www.dfat.gov.au/sites/default/files/png-family-sexual-violence-units-evaluation.pdf.
311 UNFPA, “Working with Police in South Sudan to Assist Survivors of Gender-Based Violence”, 20 January 2011, available
at https://www.unfpa.org/news/working-police-south-sudan-assist-survivors-gender-based-violence (accessed on 9
September 2022).
312 UNODC, “Handbook on effective prosecution responses to violence against women and girls”, Criminal Justice
Handbook Series (Vienna, 2014), available at https://www.unodc.org/documents/justice-and-prison-reform/
Handbook_on_effective_prosecution_responses_to_violence_against_women_and_girls.pdf.

158 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

313 These units were aimed to investigate and prosecute cases of violence against women and assist survivors throughout
the process. However, despite positively impacting reportage rates, most of the cases that reached the unit were
from Kabul and other urban centers, and more than 70 per cent of the cases were closed or referred to mediation or
withdrawn. UNAMA and OCHCR, A Long Way to Go: Implementation of the Elimination of Violence against Women Law in
Afghanistan (Kabul, 2011), available at https://www.ohchr.org/Documents/Countries/AF/UNAMA_Nov2011.pdf. See also
UNAMA, In Search of Justice for Crimes of Violence against Women and Girls (Kabul, OHCHR, 2020), available at https://
unama.unmissions.org/sites/default/files/in_search_of_justice_for_crimes_of_violence_against_women_and_girls.
pdf.
314 In Spanish: Módulo de Atención Integral Especializada (MAIE, for its acronym in Spanish) of the Public Prosecutor’s
Office, which aims to provide access to justice with integrated guidance for women victims of GBV throughout their lives
and vulnerable groups such as children, adults, disabled persons, ethnic communities and the LGTBQI+ population.
315 UNMISS website https://unmiss.unmissions.org/background (accessed on 12 August 2021).
316 Adam Day, “Impact of UN Mission in South Sudan Complicated by Dilemmas of Protection”, The Global Observatory, 12
December 2019, available at https://theglobalobservatory.org/2019/12/impact-un-mission-south-sudan-complicated-
by-dilemmas-of-protection/ (accessed on 12 August 2021).
317 Francesca Mold, “UN Protection of civilians sites begin transitioning to conventional displacement camps”, UNMISS, 4
September 2020, available at https://peacekeeping.un.org/en/un-protection-of-civilians-sites-begin-transitioning-to-
conventional-displacement-camps (accessed on 12 August 2021).
318 Situation in South Sudan, Report of the Secretary-General, S/2020/536.
319 Legal Action Worldwide, South Sudan Law Society, and the Nuhanovic Foundation, Accountability for Sexual Violence
Committed by Armed Men in South Sudan (Juba, 2016).
320 Global Protection Cluster, “WHO WE ARE | Global Protection Cluster”, available at https://www.globalprotectioncluster.
org/about-us/who-we-are/ (accessed on 12 August 2021).
321 Paul Prettitore, “Can Justice Make Poor Women Less Vulnerable?”, Brookings, 21 February 2018, available at https://
www.brookings.edu/blog/future-development/2018/02/21/can-justice-make-poor-women-less-vulnerable/.
322 Sarah Bott, Andrew Morrison, and Mary Ellsberg, “Preventing and Responding to Gender-Based Violence in Middle
and Low-Income Countries: A Global Review and Analysis”, Policy Research- Working Papers (Washington D.C., World
Bank, 2005), available at https://doi.org/10.1596/1813-9450-3618.
323 UN Women Asia and the Pacific, “Enhancing Women’s Access to Justice in Asia and the Pacific: Bridging the Gap
between Formal and Informal Systems through Women’s Empowerment”, available at https://asiapacific.unwomen.
org/en/focus-areas/governance/womens-access-to-justice/programme (accessed on 24 September 2021).
324 IDLO, Issue Brief Navigating Complex Pathways to Justice: Community Paralegals and Customary and Informal Justice
(Rome, 2021), p.46, available at: https://www.idlo.int/sites/default/files/paralegals_and_cij_final.pdf.
325 Honduras, Law for the Protection of Witnesses in Criminal Proceedings, Executive Decree no. 63-2007. The law
establishes protection for any person who has information necessary for the clarification of a criminal case and whose
participation represents a risk for himself or another person.
326 Asociación Calidad de Vida, Tribuna de Mujeres contra los Femicidios and Oxfam, En Búsqueda de la Justicia.
Trata de Personas para la Explotación Sexual en Honduras (March 2019), available at https://oi-files-cng-prod.
s3.amazonaws.com/honduras.oxfam.org/s3fs-public/file_attachments/Trata%20de%20personas%20para%20la%20
explotaci%C3%B3n%20sexual%20-%20Caso%20de%20estudio.pdf.
327 Philippines, An Act Defining Violence Against Women and Their Children, Providing for Protective Measures for Victims,
Prescribing Penalties Therefore, and for Other Purposes, Republic Act No. 9262 (2004), Article 8.
328 Philippines, An Act Defining Violence Against Women and Their Children, Providing for Protective Measures for Victims,
Prescribing Penalties Therefore, and for Other Purposes, Republic Act No. 9262 (2004), Article 8.
329 Philippines, An Act Defining Violence Against Women and Their Children, Providing for Protective Measures for Victims,
Prescribing Penalties Therefore, and for Other Purposes, Republic Act No. 9262 (2004), Article 9.
330 Philippines, An Act Defining Violence Against Women and Their Children, Providing for Protective Measures for Victims,
Prescribing Penalties Therefore, and for Other Purposes, Republic Act No. 9262 (2004), Article 25.
331 Philippines, Rules and Regulations Implementing the Magna Carta of Women, Republic Act No. 9710, rule IV, § 12 (D)(1)
(a).
332 Philippines, Rules and Regulations Implementing the Anti-Violence Against Women and Their Children Act of 2004,
Republic Act No. 9262, rule IV, § 14 (b).

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 159

333 Philippines, An Act Defining Violence Against Women and Their Children, Providing for Protective Measures for Victims,
Prescribing Penalties Therefore, and for Other Purposes, Republic Act No. 9262 (2004), § 15 and 16.
334 Philippines, Rules and Regulations Implementing the Anti-Violence Against Women and Their Children Act of 2004,
rule IV, §27.
335 Philippines, Rules and Regulations Implementing the Anti-Violence Against Women and Their Children Act of 2004,
rule IV, §27.
336 Judy Putt and others, Family Protection Orders: A Key Response to Family and Domestic Violence. A Pilot Study in Lae,
Papua New Guinea (Canberra ACT, Department of Pacific Affairs, Australian National University, 2019).
337 Judy Putt and others, Family Protection Orders: A Key Response to Family and Domestic Violence. A Pilot Study in Lae,
Papua New Guinea (Canberra ACT, Department of Pacific Affairs, Australian National University, 2019).
338 Judy Putt and Lindy Kanan, Family Protection Orders (Canberra ACT, Department of Pacific Affairs, Australian National
University, 2021).
339 Department of Pacific Affairs and Development Policy Centre, FemiliPNG Protection Order Data 2016-2017 (Canberra
ACT, Australian National University, 2018).
340 Judy Putt and Lindy Kanan, Family Protection Orders (Canberra ACT, Department of Pacific Affairs, Australian National
University, 2021).
341 Cordaid, “Measuring Security Needs with the Gender, Peace and Security Barometer”, 23 July 2018, available at
https://www.cordaid.org/en/news/measuring-security-needs-with-the-gender-peace-and-security-barometer/.
342 IDLO, Accessing Justice: Somalia’s Alternative Dispute Resolution Centers (Rome, 2021), pp. 26-31 and 59-60, available at
https://www.idlo.int/publications/accessing-justice-somalias-alternative-dispute-resolution-centers.
343 IDLO, Issue Brief Navigating Complex Pathways to Justice: Women and Customary and Informal Justice Systems (Rome,
2020), available at https://www.idlo.int/publications/issue-brief-women-and-customary-and-informal-justice-systems.
344 IDLO, “Evaluation of the Project ‘Enhancing the Capacity of the Judiciary of South Sudan’”, IDLO Evaluation Brief (Rome,
2015), available at https://www.idlo.int/sites/default/files/pdf/initiatives/IDLO%20Evaluation%20Brief_South%20
Sudan-2.02.16.pdf.
345 Eleanor Gordon, “Tool 4, Gender and Security Toolkit, Justice and Gender”, In Gender and Security Toolkit, DCAF, OSCE/
ODIHR and UN Women, eds. (Geneva, DCAF, 2020), available at https://www.dcaf.ch/tool-4-justice-and-gender.
346 Eleanor Gordon, “Tool 4, Gender and Security Toolkit, Justice and Gender”, In Gender and Security Toolkit, DCAF, OSCE/
ODIHR and UN Women, eds. (Geneva, DCAF, 2020), available at https://www.dcaf.ch/tool-4-justice-and-gender.
347 Asian Forum for Human Rights and Development (FORUM-ASIA), “Judicial System Monitoring Program (JSMP)”, 14
December 2016, available at https://www.forum-asia.org/?famember=judicial-system-monitoring-program-jsmp.
348 Gender-based Violence Information Management System, available at https://www.gbvims.com/.
349 Instituto Universitario en Democracia, Paz y Seguridad (IUDPAS), “¿Qué es el IUDPAS”, available at https://www.iudpas.
org/.
350 European Union and United Nations, Iniciativa Spotlight En Honduras: Análisis de Organizaciones de Sociedad Civil Para El
Trabajo En Datos Sobre VCMN y Femicidio En Honduras (Tegucigalpa, 2020).
351 GWI and others, Resultados de la implementación del proyecto Sanas y Salvas: Abordaje de la violencia doméstica en
mujeres embarazadas en la Región Sanitaria Metropolitana del Distrito Central de Tegucigalpa, Honduras (Tegucigalpa,
October 2020).
352 GWI and others, Resultados de la implementación del proyecto Sanas y Salvas: Abordaje de la violencia doméstica en
mujeres embarazadas en la Región Sanitaria Metropolitana del Distrito Central de Tegucigalpa, Honduras (Tegucigalpa,
October 2020).
353 IDLO, Issue Brief Navigating Complex Pathways to Justice: Women and Customary and Informal Justice Systems (Rome,
2020), available at https://www.idlo.int/publications/issue-brief-women-and-customary-and-informal-justice-systems.
354 Inter-Agency Standing Committee, Guidelines for Integrating Gender-based Violence Interventions in Humanitarian Action
(2005), available at https://gbvguidelines.org/wp/wp-content/uploads/2015/09/2015-IASC-Gender-based-Violence-
Guidelines_lo-res.pdf.
355 UN Women and others, Essential Services Package for Women and Girls Subject to Violence: Core Elements and Quality
Guidelines (New York, 2015), available at https://www.unwomen.org/en/digital-library/publications/2015/12/essential-
services-package-for-women-and-girls-subject-to-violence.

160 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

356 Gender-based Violence AoR, Handbook for Coordinating Gender-based Violence Interventions in Emergencies (2019),
available at https://gbvaor.net/sites/default/files/2019-07/Handbook%20for%20Coordinating%20GBV%20in%20
Emergencies_fin.pdf.
357 Gender-based Violence AoR, The Inter-Agency Minimum Standards for Gender-based Violence in Emergencies
Programming (UNFPA, 2019), available at https://www.unfpa.org/sites/default/files/pub-pdf/19-200_Minimun_
Standards_Report_ENGLISH-Nov.FINAL_.pdf.
358 Call to Action on Protection from Gender Based Violence in Emergencies, available at https://www.calltoactiongbv.
com/.
359 UNICEF East Asia and the Pacific Regional Office, UNFPA Asia and Pacific Regional Office, and UN Women Asia and
Pacific Regional Office, Ending Violence against Women and Children in Papua New Guinea: Opportunities and Challenges
for Collaborative and Integrative Approaches (Bangkok, UNICEF, 2020), available at https://www.unicef.org/eap/
media/7341/file/Ending%20Violence%20against%20Women%20and%20Children%20in%20Papua%20New%20Guinea.
pdf.
360 Women’s Refugee Commission, Minimal Initial Service Package (MISP) for Reproductive Health in Crisis Situations. A
distance learning module (New York, 2006, last revised 2011), available at https://www.unhcr.org/4e8d6b3b14.pdf.
361 ChildFund Australia, ChildFund Papua New Guinea, and CIMC, 1-Tok Kaunselin Helpim Lain: A Report on the First Two
Years of Operation (ChildFund Australia, 2017), available at https://childfundalliance.org/resources-old/publications/
reports/1566-1-tok-kaunselin-helpim-lain-a-report-on-the-first-two-years-of-operation.
362 GWI and others, No Safe Place: A Lifetime of Violence for Conflict-Affected Women and Girls in South Sudan. Main Results
Report (Washington, D.C., 2017), available at https://www2.gwu.edu/~mcs/gwi/No_Safe_Place_Full_Report.pdf.
363 Maureen Murphy and Angela Bourassa, Gap Analysis of Gender-Based Violence in Humanitarian Settings: A Global
Consultation (London, Elrha, 2021), available at https://www.elrha.org/wp-content/uploads/2021/02/Elrha_
GapAnalysis_GBV_Accessible_PDF_2021.pdf.
364 UN Women and others, “Overview and Introduction”, in Essential Services Package for Women and Girls Subject to
Violence: Core Elements and Quality Guidelines (New York, 2015), available at https://www.unwomen.org/en/digital-
library/publications/2015/12/essential-services-package-for-women-and-girls-subject-to-violence.
365 CEDAW/C/GC/33, para 20 (e) and (f).
366 Mary Ellsberg and others, Ending Violence against Women: Evaluating a Decade of Australia’s Development Assistance
(Department of Foreign Affairs and Trade (DFAT), Canberra, 2019), available at https://www.dfat.gov.au/sites/default/
files/evawg-final-report-nov-19.pdf.
367 Mary Ellsberg and others, Ending Violence against Women: Evaluating a Decade of Australia’s Development Assistance
(Department of Foreign Affairs and Trade (DFAT), Canberra, 2019), available at https://www.dfat.gov.au/sites/default/
files/evawg-final-report-nov-19.pdf.
368 Stephen Howes, Dengo Ilave and Daisy Plana, “Responding to gender-based violence in an urban setting: The Early
story of Femili PNG”, Development Bulletin, No. 78, (October 2017) pp. 67–70.
369 Judy Putt and Sinclair Dinnen, Reporting, Investigating and Prosecuting Family and Sexual Violence Offences in Papua New
Guinea (Department of Pacific Affairs, Australian National University, 2020), available at https://dpa.bellschool.anu.edu.
au/sites/default/files/publications/attachments/2020-07/dpa_fsv_report_2020_7_july_smallfile_-_updated.pdf.
370 United Nations Children’s Fund, Operational Guidelines on Community Based Mental Health and Psychosocial Support
in Humanitarian Settings: Three-tiered Support for Children and Families (field test version) (New York, UNICEF,
2018), available at https://www.unicef.org/sites/default/files/2019-04/Mental-health-and-psychosocial-support-
guidelines-2019.pdf.
371 Information remitted by the Prosecutor’s Office as part of an access to information request within the scope of this
study to the IDLO office in Honduras on 23 June 2021. National data not available.
372 Rose McKeon Olson, Claudia García-Moreno and Manuela Colombini, “The implementation and effectiveness of the
one-stop centre model for intimate partner and sexual violence in low- and middle-income countries: A systematic
review of barriers and enablers”, BMJ Global Health, vol. 5, No. 3 (March 2020), available at https://doi.org/10.1136/
bmjgh-2019-001883.

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 161

373 Located in the municipalities of Choluteca, Choloma, Juticalpa, Tegucigalpa, La Ceiba and San Pedro Sula. IDLO
has also supported an initiative aimed at improving access to justice for survivors of gender-based, domestic and
intrafamily violence in San Pedro Sula. IDLO identified gaps and conflicts in the procedures in place to support violence
survivors (amongst others, lack of specialized services for indigenous people or people living with HIV, scarcity of
resources and capacity tailored to overcome stigma and discrimination towards the LGBTIQ community, as well
as overlapping of procedures for unaccompanied children). Further analysis and discussions with the municipality
allowed for a clarification of the process by which social services and support agencies responded to first instances of
violence, by clearly identifying roles and responsibilities of government bodies as well as providing clarity on referral
systems. The product of this comprehensive and participatory process was the “Modelo de respuesta interinstitucional
a la violencia doméstica, intrafamiliar y de género que afecta en especial a las mujeres, los niños y niñas, las personas
adultas mayores y las personas con discapacidad en el Municipio de San Pedro Sula” (Model for a Municipal Response
to Violence in San Pedro Sula-the Model). The model was adopted by municipal actors in 2017 and its implementation
has been strengthened by capacity development courses conducted for government officials and awareness raising
and information campaigns.
374 Asociación Calidad de Vida, Tribuna de Mujeres contra los Femicidios and Oxfam, En Búsqueda de la Justicia.
Trata de Personas para la Explotación Sexual en Honduras (March 2019), available at https://oi-files-cng-prod.
s3.amazonaws.com/honduras.oxfam.org/s3fs-public/file_attachments/Trata%20de%20personas%20para%20la%20
explotaci%C3%B3n%20sexual%20-%20Caso%20de%20estudio.pdf.
375 A human rights-based approach to integrated services and protection measures on violence against women and girls,
with a focus on shelters and protection orders, see Report of the Special Rapporteur on Violence against Women,
Human Rights Council, 35th Session,6-23 June 2017 (A/HRC/35/30).
376 IDLO, “Manual for women’s shelters in Tunisia becomes law”, 28 September 2020, available at https://www.idlo.int/
news/manual-womens-shelters-tunisia-becomes-law.
377 Comisión Interamericana de Derechos Humanos, Situación de Derechos Humanos en Honduras, 27 August 2019, (OEA/
Ser.L/V/II. Doc. 146), available at https://www.refworld.org.es/pdfid/5d966be54.pdf.
378 Inter-Agency Standing Committee, “Action Sheet 7.2: Ensure that survivors/victims of sexual violence have safe
shelter”, in Guidelines for Integrating Gender-based Violence Interventions in Humanitarian Action (2005), available at
https://interagencystandingcommittee.org/iasc-sub-working-group-gender-and-humanitarian-action/iasc-guidelines-
gender-based-violence-interventions-humanitarian-settings-2005.
379 Kim Thuy Seelinger and Julie Freccero, Safe Haven: Sheltering Displaced Persons from Sexual and Gender-Based Violence
(University of California, Berkeley, School of Law, and UNHCR, 2013), available at https://www.law.berkeley.edu/wp-
content/uploads/2015/04/Safe-Haven_-Comparative-Report-May-2013.pdf.
380 Kim Thuy Seelinger and Julie Freccero, Safe Haven: Sheltering Displaced Persons from Sexual and Gender-Based Violence
(Berkley, University of California, Berkeley, School of Law, and UNHCR, 2013), available at https://www.law.berkeley.
edu/wp-content/uploads/2015/04/Safe-Haven_-Comparative-Report-May-2013.pdf.
381 Marijke Velzeboer and others, Violence Against Women: The Health Sector Responds (Washington, D.C., PAHO, 2003).
382 GWI and others, Resultados de la implementación del proyecto Sanas y Salvas: Abordaje de la violencia doméstica en
mujeres embarazadas en la Región Sanitaria Metropolitana del Distrito Central de Tegucigalpa, Honduras (Tegucigalpa,
October 2020).
383 GWI and others, Resultados de la implementación del proyecto Sanas y Salvas: Abordaje de la violencia doméstica en
mujeres embarazadas en la Región Sanitaria Metropolitana del Distrito Central de Tegucigalpa, Honduras (Tegucigalpa,
October 2020).
384 Kate Butcher and others, “Independent Formative Evaluation of Family Support Centres in Papua New Guinea”,
prepared for UNICEF Papua New Guinea Country Office (Victoria, Australia, IOD PARC Australia, 2016), available at
https://www.unicef.org/png/reports/independent-formative-evaluation-family-support-centres-papua-new-guinea.
385 Kate Butcher and others, “Independent Formative Evaluation of Family Support Centres in Papua New Guinea”,
prepared for UNICEF Papua New Guinea Country Office (Victoria, Australia, IOD PARC Australia, 2016), available at
https://www.unicef.org/png/reports/independent-formative-evaluation-family-support-centres-papua-new-guinea.
386 Kate Butcher and others, “Independent Formative Evaluation of Family Support Centres in Papua New Guinea”,
prepared for UNICEF Papua New Guinea Country Office (Victoria, Australia, IOD PARC Australia, 2016), available at
https://www.unicef.org/png/reports/independent-formative-evaluation-family-support-centres-papua-new-guinea.

162 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

387 Our Watch, Australia’s National Research Organisation for Women’s Safety (ANROWS) and VicHealth, Change the Story:
A Shared Framework for the Primary Prevention of Violence against Women and Their Children in Australia (Melbourne,
Australia, Our Watch, 2015).
388 WHO, RESPECT Women: Preventing Violence against Women (Geneva, 2019), available at https://www.who.int/
publications/i/item/WHO-RHR-18.19.
389 Rachel Jewkes, Andrew Gibbs, Nwabisa Jama-Shai and others, “Stepping Stones and Creating Futures intervention:
shortened interrupted time series evaluation of a behavioural and structural health promotion and violence prevention
intervention for young people in informal settlements in Durban, South Africa”, BMC Public Health, vol. 14, No. 1325 (29
December 2014).
390 Julia Kim and others, “Assessing the incremental effects of combining economic and health interventions: the IMAGE
study in South Africa”, Bulletin of the World Health Organization, vol. 87, No. 11 (November 2009), available at https://
pubmed.ncbi.nlm.nih.gov/20072767/.
391 Tanya Abramsky and others, “Findings from the SASA! Study: a cluster randomized controlled trial to assess the
impact of a community mobilization intervention to prevent violence against women and reduce HIV risk in Kampala,
Uganda”, BMC Medicine vol. 12, No. 122 (July 2014).
392 UN Women, Flagship Programme Safe Cities and Safe Public Spaces for Women and Girls (New York, November 2020),
available at https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/How%20We%20Work/
flagship%20programmes/UN-Women-Flagship-programme-Safe-cities-public-spaces-en.pdf.
393 Pacific Women Shaping Pacific Development, Support Unit, Pacific Women Papua New Guinea Performance Report 2017-
2018 (Suva, Pacific Women Shaping Pacific Development, Australian Department of Foreign Affairs and Trade, 2018),
available at https://pacificwomen.org/key-pacific-women-resources/pacific-women-papua-new-guinea-performance-
report-2017-2018/.
394 Oxfam, Annual Update: Eliminating Violence against Women in PNG (Port Moresby, Oxfam, 2015), available at http://
devpolicy.org/pdf/blog/Oxfam%20PNG%20Final%20Annual%20Update%202014%20EVAW%20Program.pdf.
395 PNGaus Partnership, FHI360, and Pacific Women, “Survey and Family Wellbeing in Western Highlands and West Sepik
Provinces” (March 2019), available at https://www.fhi360.org/sites/default/files/media/documents/resource-png-klom-
survey.pdf.
396 Gary Robinson and others, “Parenting for Child Development Pasin Bilong Lukautim Pikinini Gut Pilot Program
Evaluation” (Menzies school of health research, October 2017) available at https://www.unicef.org/png/media/1251/file/
PNG-Reports-ParentingforChildDevelopment.pdf.
397 Our Watch, Australia’s National Research Organisation for Women’s Safety (ANROWS) and VicHealth, Change the Story:
A Shared Framework for the Primary Prevention of Violence against Women and Their Children in Australia (Melbourne,
Australia, Our Watch, 2015).
398 Raising Voices, “Implementing SASA! In Humanitarian Settings: Tips and Tools”, Programming for Prevention Series,
Brief No. 6 (2018), available at https://raisingvoices.org/wp-content/uploads/2013/02/ProgramBrief-6.-Implementing-
SASA-in-Humanitarian-Settings.RaisingVoices-December-2018-LG.pdf.
399 Women For Women, South Sudan Country Profile (2014), available at https://www.womenforwomen.org/sites/default/
files/WfWI-South-Sudan-Country-Profile-08202014.pdf.
400 Sophie Read-Hamilton and Mendy Marsh, “The communities care programme: Changing social norms to end violence
against women and girls in conflict-affected communities”, Gender & Development, vol. 24, No. 2 (2016), pp. 261–76.
401 Nancy Glass and others, “Effectiveness of the communities care programme on change in social norms associated
with gender-based violence (GBV) with residents in intervention compared with control districts in Mogadishu,
Somalia”, BMJ Open vol. 9, No. 3 (2019), available at https://doi.org/10.1136/bmjopen-2018-023819.
402 “Voice for Change – Jiwaka Province”, n.d., available at https://iansa.org/member/voice-for-change-jiwaka-province/.
403 CEDAW/C/GC/35, para 2.
404 CEDAW/C/GC/30, para 23.
405 CEDAW/C/GC/30, para 23.
406 CEDAW/C/GC/30, para 25.

SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS 163

407 Report of the UN Special Rapporteur on Violence against Women, Dubravka Simonovic on “Rape as a grave, systematic
and widespread human rights violation, a crime and a manifestation of gender-based violence against women and
girls, and its prevention”, and “A framework for legislation on rape (model rape law)”, Human Rights Council, 47th
session, 21 June–9 July 2021 (A/HRC/47/26 and A/HRC/47/26/Add.1); See also Vanessa E. Munro and Liz Kelly, “A
vicious cycle? Attrition and conviction patterns in contemporary rape cases in England and Wales”, in Rape, Miranda A.
H. Horvath, Jennifer M. Brown, eds. (Willan, 2013, first published 2009) pp. 301-320.
408 Priya Gopalan,“Rejecting Notions of ‘Honour’ to Mitigate Stigma: Prosecutions for Sexual Violence before the
Bangladeshi International Criminal Tribunals”, 27/2021, Centre for Women, Peace and Security Working Paper Series
(London, London School of Economics and Political Science, 2021), available at https://www.lse.ac.uk/women-peace-
security/assets/documents/2021/WPS27Gopalan.pdf.
409 UN Women, Actions Coalition Global Acceleration Plan (Paris, Generation Equality Forum, 2021), available at https://
forum.generationequality.org/sites/default/files/2021-06/UNW%20-%20GAP%20Report%20-%20EN.pdf.
410 CEDAW/C/GC/33, para 2.

164 SURVIVOR-CENTRED JUSTICE FOR GENDER-BASED VIOLENCE IN COMPLEX SITUATIONS

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