The right to redress for GBV survivors
“Victims of sexual violence bear the cost of the harm they suffered with dramatic physical, psychological and material consequences which destroy not only their lives but often also the lives of their children. This creates irreparable damage to the very fabric of societies and in turn poses serious threats to the prospects of reconciliation and sustainable peace and development.” UN High Commissioner for Human Rights, Navi Pillay
Rape, being recognized as torture or other ill-treatment, may today be prosecuted as an act of torture (and therefore subject to universal jurisdiction). Rape is furthermore identified as a war crime (state and non-state actors), a crime against humanity (state and non-state actors) and as genocide (state and non-state actors). This means that the right to redress is enforceable for victims of GBV according to the Convention against torture art. 14, and outlined in General comment no 3 on the implementation of article 14.
For survivors of GBV to seek redress after what they have suffered may be important steps in reestablishing the survivor´s dignity and integrity. Recognizing the violations as serious crimes that must be addressed through truth and justice seeking, may form an important platform in the lives of survivors, but this must often be combined with forms of reparation such as providing care and support with regard to physical, psychological or social needs through a range of services. The right to a remedy and reparation is thus, articulated as an integrated right that consists of access to justice, compensation, rehabilitation and other forms of reparation. We have, pursuant to the adoption of General Comment no 3, to article 14 of the CAT, been particularly aware of the importance of ensuring psychological support to survivors of rape and other forms of sexual violence, both immediately after the violence if possible, and as part of reparation. In order to strengthen the focus on psychological needs of survivors, HHRI has developed a manual to assist helpers who meet victims of these crimes in situations where specialized services may be scarce and the level of insecurity high. See more information on our manual further down.
As for the main theme in this newsletter we have gathered important articles that address the issue of redress to GBV survivors, including the legal as well as the physical, psychological and social aspects.
Articles and publications that highlight the importance of securing redress for GBV survivors
- What is reparation? Challenges and avenues to reparation for survivors of sexual violenceRedress 2013
For many victims, monetary compensation, while helpful, is not necessarily the first form of reparation that comes to mind. In many instances, victims will be living in dire physical, psychological or social conditions and have immediate as well as long term needs, both for themselves but also for their dependents. They may need services or the financial means to access services. However the mere provision of compensation or services would not amount to full and adequate compensation on account of the absence of recognition of wrongdoing. - Redress for Rape Using international jurisprudence on rape as a form of torture or other ill-treatment Redress 2013
It is now clearly established at the international level that rape is a crime of the highest order, that states do have the responsibility to prevent and respond to it, whoever commits it, and that survivors of rape are entitled to the same level of protection and response as any other victim of violence. Torture and cruel, inhuman or degrading treatment3 are high profile international crimes and human rights violations. Advocates and others have drawn on the torture framework to pursue individual cases and to push for policy change. The primary aim of this report is to bring together the developing international human rights law jurisprudence and significant other writing linking rape and torture and other ill-treatment in a comprehensive and useable way. - Gender and torture – conference report
Conference report the recognition of certain forms of harm inflicted by both state and non-state actors including rape, domestic violence, female genital mutilation and denial of reproductive rights as torture or other cruel, inhuman or degrading treatment or punishment, and the practical effect this recognition has had in actual cases to hold states to account for their failure to prevent such violations, and to provide a remedy to victims. - Protection and restitution for survivors of SGBV in Uganda 2008 ACORD Uganda
Some forms of reparation may find a legal basis in domestic law or in international human rights law, while other forms are a matter of government policies and priorities. The right to compensation for survivors of torture is an individual subjective right in Uganda’s domestic legal system and is justiciable in criminal, civil, administrative or other proceedings. - Healing the spirit: Reparations for survivors of sexual violence related to the armed conflict in Kosovo OHCHR 2013
OHCHR commissioned this study with three primary aims: to highlight the most prevalent consequences of sexual violence committed during the armed conflict in Kosovo; to analyse the current state of affairs with respect to reparations for these crimes; and to highlight the most desirable forms and methods to provide redress for these crimes from the perspective of its survivors. - DRC victims of sexual violence rarely obtain justice and never receive reparation – Major changes needed to fight impunity FIDH 2013
In the Democratic Republic of Congo (DRC), victims of sexual crimes are facing insurmountable obstacles to obtain justice and reparation. The cost of proceedings is prohibitive and judicial decisions are hardly implemented. This is the damaging picture described in a report FIDH and its member organisations in DRC are publishing today, following several missions in that country.
Report of the Panel on Remedies and Reparations for Victims of Sexual Violence in the Democratic Republic of Congo to the High Commissioner for Human Rights OHCHR 2011
This need to raise the status of victims of sexual violence and publicly shift the blame from victims to their perpetrators is integral to the reparation of victims of sexual violence and adds a unique dimension to the task. The reparations fund envisioned by the National Strategy to Combat Gender-Based Violence in the DRC is a fund specifically for victims of sexual violence. - Seeking justice for the victims of sexual violence from the armed conflict in Kosovo, OHCHR 2013
OHCHR commissioned this study with three primary aims: to highlight the most prevalent consequences of sexual violence committed during the armed conflict in Kosovo; to analyse the current state of affairs with respect to reparations for these crimes; and to highlight the most desirable forms and methods to provide redress for these crimes from the perspective of its survivors.
Latest about our training manual on GBV and Mental Health consequences
We are now in the final stage of our training manual for helpers working with GBV survivors. The manual is designed for individuals who directly provide care, help and assistance to people who have been exposed to human rights violations and abuse, notably gender-based and sexual violence, and for personnel who support other care providers involved with the same survivor group. To ensure the quality and that the manual is useful in different cultural settings, we conducted four pilots in 2013. This was done in cooperation with LIMPAL-Liga Internacional de Mujeres por la Paz y la Libertad, in Colombia, Human Rights Foundation Turkey in Adana, Turkey. In Cambodia we cooperated with AFESIP-Cambodia on the third pilot training and with Kristin Andrea Wilmann on a mini-pilot in Oslo, Norway. The last training was conducted together with Arab Resource Collective in Amman, Jordan. Please let us know if you are interested in receiving a copy of the manual, free of charge.