Apply Human Rights

Protection from sexual abuse in time of war

Due to the brutal treatment of women during war this right is to provide special consideration and protection for women. The principle is based on the general principles of “respect for the person”, “honour” and “family rights”. This principle calls for the special protection “owed to women being”, in addition to the other safeguards enjoyed equally with men. Examples of prohibited acts, are attacks on women’s honour (such as rape), enforced prostitution - forcing a woman into immorality by violence or threats, and any form of indecent assault. These acts are prohibited “in all places and in all circumstances.” “Women have an absolute right to respect for their honour and their modesty, in short, for their dignity as women.” (see general commentaries to the Geneva Convention)

 

 

States have a responsibility to prevent, investigate and punish the perpetrators of violence against

women and girls, and to provide protection to the victims. Failure to do so violates and impairs or nullifies the enjoyment of the human rights and fundamental freedoms of the victims. (see UN Resolution A/RES/62/134)

 

 

The goal of States is to create environment where victims of rape and sexual violence are encouraged to seek and obtain justice. Also that the criminal justice system responds effectively to sexual violence.

 

 

INTERNATIONAL

 

 

Conventions:

UN, CEDAW, 1979

Article 6

 

 

Geneva Convention, 1949

Article 27, para. 2

 

 

Declarations:

UN Declaration on elimination of violence against women, 1993

 

 

Resolutions:

UN Resolution A/RES/62/134, Eliminating rape and other forms of sexual violence in all their manifestations, including in conflict and related situations, December 2007

 

 

 

Report:

UN Report of the Secretary-General A/63/216, Eliminating rape and other forms of sexual violence in all their manifestations, including in conflict and related situations, August 2008

 

 

 

Recommendations:

UN Committee’s General Recommendation No. 19 (11th Session, 1992)

 

 

General commentaries on the Geneva Convention, 1949