vaw_sixpointchecklisttoendviolenceagainstwomen_amnestyinternational_8march2011.pdf
Amnesty International's checklist for identifying obstacles to justice for women or girls who are victims and survivors of sexual and other forms of gender-based violence.
Sexual and gender-based acts of violence are always a crime and a fundamental violation of human rights Sadly, violence is a daily reality for many women in every country in the world. International human rights standards oblige states to criminalize
rape and other forms of sexual and gender-based violence and to address those crimes. States cannot use the excuse of domestic laws which fail to reflect the reality of sexual violence and women's right to reparation, as a reason for failing to take measures to prevent violence, to investigate cases and prosecute alleged perpetrators, and to provide reparations to women.
In the case of violence committed by state actors, such as the police, armed forces, or in custodial settings, rape and other sexual violence constitute torture. In the case of other perpetrators who hold a position of trust, such as teachers, religious
leaders or doctors, sexual violence is a crime and also a breach of a duty of care.
Amnesty International's Stop Violence against Women campaign aims to build on its earlier successes which have contributed to positive changes in laws, policies and practices that address sexual and gender-based violence at the regional, national and international levels. This includes laws that criminalize sexual violence, including in armed conflict, laws which address rape and other forms of violence within marriage, and laws of evidence and rules of procedure that eliminate previous discriminatory practices which made women unequal before the law.
However, despite these successes, Amnesty International is acutely aware of how little difference they have made to the lives of women and girls who are victims and survivors of sexual and gender-based violence. (Amnesty International recognizes that men and boys also face sexual and gender-based violence and may face the same or similar obstacles when seeking justice.)
This checklist is intended to help activists and advocates to identify:
- laws, policies and practices which still need to be reformed and
- obstacles to the successful implementation of laws and policies.
The checklist is based on international human rights law and standards. It is organized according to the steps that victims would need to take in order to report a crime and seek redress for sexual and gender-based violence through the
criminal justice system.
In each national context, it is important to ask six main questions:
- Are the existing laws adequate?
- Is it safe for a victim to report a crime of sexual or gender-based violence?
- Are collection of forensic evidence and provision of medical care appropriate and adequate?
- Are there specific obstacles which prevent a victim from accessing appropriate services in a timely way?
- Is investigation of crimes efficient and thorough?
- Are trials fair, competent and efficient?
The six key questions that form the basis of this checklist are interrelated. Using this checklist should allow activists to identify what changes are needed, in law or in practice, to ensure that victims and survivors of sexual or gender-based violence have
meaningful access to services and justice. However, depending on the jurisdiction, activists are likely to identify different obstacles under different elements of the checklist.