THE ROLE OF HUMAN RIGHTS LAW IN ADDRESSING GENDER-BASED VIOLENCE.

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THE ROLE OF HUMAN RIGHTS LAW IN ADDRESSING GENDER-BASED VIOLENCE.

Abstract:

Gender-based violence (GBV) remains a significant global challenge with severe consequences for individuals, communities, and societies. It is a violation of human rights that disproportionately affects women and girls, but also impacts men and people of diverse gender identities. This abstract explores the role of human rights law in addressing gender-based violence and highlights its importance in promoting equality, justice, and accountability. rights law provides a critical framework for addressing GBV by establishing legal standards, norms, and protections. International and regional human rights instruments, such as the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the Istanbul Convention, recognize GBV as a violation of human rights and explicitly condemn such acts. These instruments emphasize the rights to life, security, dignity, equality, and freedom from violence.

Human rights law obliges states to prevent, investigate, prosecute, and provide remedies for GBV. It requires governments to enact legislation that criminalizes GBV, establish effective judicial systems, and ensure access to justice for survivors. Human rights mechanisms, including treaty bodies, special rapporteurs, and national human rights institutions, play a crucial role in monitoring and holding states accountable for their obligations.

Additionally, human rights law recognizes the importance of addressing the root causes of GBV, including discriminatory social norms, gender stereotypes, and unequal power dynamics. It calls for comprehensive approaches that encompass prevention, protection, and support for survivors. Human rights frameworks advocate for measures such as education, awareness-raising, empowerment of women, and the involvement of men and boys in challenging harmful gender norms.

Moreover, human rights law emphasizes the need for a survivor-centered approach, ensuring that survivors are supported, protected, and provided with adequate remedies. It highlights the importance of comprehensive and coordinated services, including medical care, counseling, legal aid, and shelters. Human rights principles, such as non-discrimination, privacy, and the right to participate in decision-making, guide efforts to address GBV effectively.

While human rights law provides a robust foundation for combating GBV, challenges persist. Implementation gaps, inadequate resources, cultural barriers, and weak institutional responses hinder progress. Efforts to strengthen legal frameworks, enhance capacity-building, promote gender equality, and engage civil society are vital to address these challenges effectively.

In conclusion, human rights law plays a crucial role in addressing gender-based violence by providing a legal and normative framework, promoting accountability, and protecting the rights of survivors. It is essential for states, civil society organizations, and individuals to work collectively to ensure the effective implementation of human rights obligations and create a world free from gender-based violence.

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