Handbook for the Protection of Internally Displaced Persons

1 action Sheet 4 Gender-based ViolenceKey messageGender-based violence (GBV)1is a grave human rights violation that can cause long-term andlife-threatening injury and trauma to victims/survivors. All human rights and humanitarian actorsmust ensure that efforts are made from the onset of an emergency to prevent and respond to acts ofgender-based violence and provide adequate care, treatment and support to its Guidelines on Gender-Based Violence Interventions in Humanitarian Settingsprovideguidance on minimum prevention and response in all sectors in emergencies.

2 They are available action Sheet provides basic guidance but does notreplace or duplicate the Guidelines, which should be used and implemented in all Gender-based violence in situations of internal displacementActs of gender-based violence are among the most common forms of violence in manycountries and are estimated to affect the lives, health and wellbeing of millions of women, girls,boys and men worldwide. Gender-based violence takes place in all societies and all conditions that often characterize forced displacement, including conflict, breakdown ofthe rule of law, and collapse of family and community structures, tend to increase both thefrequency and the brutality of such What is gender-based violence?

3 Gender-based violence is defined as violence that is directed against a person on the basis oftheir gender or sex,2including acts that inflict physical, mental or sexual harm or suffering,threats of such acts, coercion and other deprivations of liberty. It includes physical, sexual andpsychological violence perpetrated or condoned within the family, the general community or bythe State and its violence can take many different forms:Overview of types of gender-based violenceSexual violenceIncludes actual, attempted or threatened (vaginal, anal or oral) rape, includingmarital rape; sexual abuse and exploitation; forced prostitution;transactional/survival sex; and sexualharassment, intimidation and violenceIncludes actual, attempted or threatened physical assault or battery.

4 Slaveryand slave-like practices; and andpsychologicalviolenceIncludes abuse and humiliation, such as insults; cruel and degradingtreatment; compelling a person to engage in humiliating acts; and placingrestrictions on liberty and freedom of for the Protection of Internally Displaced Persons81 The term gender-based violence (GBV) is used throughout this Handbook . The terms sexual and gender-based violence (SGBV)and violence against women may be used in other contexts. Despite differences in terminology the strategies and activities usedto prevent and respond to such violence are term sex refers to biologically determined and fixed differences between males and females while gender refers to socialdifferences, that are learned, that can change over time, and that can vary widely both within and between cultures.

5 Gender is asocio-economic, cultural and political variable that can be used to analyze roles, responsibilities, constraints, opportunities andneeds of women and men in different on UNGAD eclaration on the Elimination of Violence Against Women,Arts. 1&2, A/RES/48/104 of 20 Dec traditionalpracticesInclude female genital mutilation/cutting (FGM/C); forced marriage; childmarriage; honour or dowry killings or maiming; infanticide, sex-selectiveabortion practices; sex-selective neglect and abuse; and denial of educationand economic opportunities for women and discrimination and denial of opportunities or services on the basis ofsex, gender, or sexual orientation; social exclusion.

6 Obstructive legalpractices, such as denial of the exercise and enjoyment of civil, social,economic, cultural and political rights, mainly to women and What are the main causes of GBV?Gender-based violence is deeply rooted in discriminatory cultural beliefs and attitudes thatperpetuate inequality and powerlessness, in particular of women and girls. Various other factors,such as poverty, lack of education and livelihood opportunities, and impunity for crime and abuse,also tend to contribute to and reinforce a culture of violence and discrimination based on factors are frequently aggravated in times of conflict and displacement as the rule of lawis eroded and families and societies are torn apart.

7 The result is often an increase in both thefrequency and brutality of gender-based violence. In its worst form, gender-based violence hasbecome a weapon of war, intentionally directed against and aimed at terrorizing, displacingand destroying certain communities or ethnic gender-based violence requires anunderstanding of its causes and contributingfactors, which often also serve as barriers to effective prevention and response:CausesCommon barriers to prevention and responsePhysicalfactorslLack of physical securityowing to break-down of law and order, presence ofarmed forces/groups, collapse of law enforcement, justice institutions and family,social or community structures.

8 Women and girls are particularly vulnerable whenleaving their communities in search of work, food, water and/or , lack of education and livelihood opportunities, and inadequate access toshelter, food, water, fuel, and incomegeneration can increase exposure to GBV,including forced prostitution or survival /cultural /politicalfactorslDiscriminatory social, cultural orreligious laws, norms and practicesthatmarginalize women and girls and fail to respect their of family, social and communal structuresand disrupted roles withinthe family often expose women and girls to risk and limit coping mechanisms andavenues for Protection and of confidence and/or trustin social or public institutions, including lawenforcement and justice institutions that discourage victims/survivors from ofaccess to justice institutions and mechanisms, resulting in culture ofimpunity for violence and abuse (see Part ).

9 LLack ofadequate and affordablelegal adviceand ofadequate victim/survivor and witnessprotection legal framework, including national, traditional, customary andreligious law, that discriminate against women and girls, fails to guarantee theirrights, or exposes them to further harmand abuse. As an example, national law mayfail to guaranteea certain right ( non-discrimination),fail to criminalizecertain195 action Sheet 4 -Gender-based ViolencePart V 48acts ( rape), ornarrowly interpretthem ( rape defined as not includingmarital rape).

10 In some cases, national law alsocriminalizes the victim( rapedefined as adultery) or criminalizes acts that allegedly are primarily associated withwomen ( witchcraft or sorcery). In some cases, the victim/survivor facesharassment, intimidationand/or severe or fear of stigma, isolation and to further violenceat the hands of the perpetrator,the community or theauthorities, including arrest, detention, ill-treatment and of informationabout human rights and on how and where to seek to address or prioritize GBVin assessments, strategy development,planning and programming because of a lack of information or understanding aboutthe extent or nature of of gender-sensitive design of programmes.