Strengthening Accountability for Sexual and Gender-Based Violence under International Human Rights Law

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Date

2023

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University of the Witwatersrand, Johannesburg

Abstract

This research report critiques the current mechanisms available for ensuring accountability for sexual and gender-based violence (SGBV) in the context of international human rights law. It appraises the international, as well as regional, legal frameworks for SGBV, identifying common mechanisms flowing from those instruments. The report also identifies gaps and current challenges in the efforts to provide increased accountability for survivors and victims of SGBV. Key findings include an inefficient, heteronormative approach in respect of, and protection for, non-binary and gender-diverse victims of SGBV, and poor reporting by states in terms of the international human rights instruments. It concludes that taking a more gender-inclusive approach to instruments, and advocating for a new binding instrument with a more encompassing human-rights framing, may be of value, alongside the development of more progressive feminist jurisprudence. While these solutions do not claim to be the cure for all SGBV violations, they will greatly contribute to the protection of persons affected

Description

A Research report Submitted in partial fulfillment of the requirements for the degree of Master of Laws by Coursework and Research Report School of Law University of the Witwatersrand, Johannesburg 2023

Keywords

Sexual and gender-based violence, International human rights law, International law, Human rights, UCTD

Citation

Leung, Ka Yan. (2023). Strengthening Accountability for Sexual and Gender-Based Violence under International Human Rights Law [Master’s dissertation, University of the Witwatersrand, Johannesburg].WireDSpace.https://hdl.handle.net/10539/43537

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