Introduction

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

INTRODUCTION

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

Thus, in situations of crisis, women are more likely to experience violence and less likely to receive justice.6