A/HRC/23/44
and those at risk of displacement, are further practical measures which can be central to
reducing exposure to sexual violence. Reducing vulnerability to sexual violence also entails
ensuring that survivors have access to appropriate support, including reproductive and
psychosocial services and that adequate resources are devoted to gender-sensitive site
planning.
36.
Given that nearly 50 per cent of survivors of sexual assault are under 18 years of
age,37 the Special Rapporteur is concerned about the prevailing tendency to overlook the
needs of children and youth in this area. Additionally, a stronger focus on prevention is
required regarding SGBV within internally displaced households and communities. At
present, most SGBV prevention and response programmes focus on “stranger” rape rather
than the more prevalent forms of sexual violence experienced within households and
communities (e.g. intimate partner violence), and the problematic coping practices that
IDW may be compelled to adopt (e.g. early marriages). 38 Moreover, given that women with
disabilities in non-displacement settings are more likely to be victims of sexual violence
and abuse, the levels of sexual violence against women and girls with disabilities amongst
displaced and conflict-affected populations are likely to be even higher. 39
3.
Early recovery
37.
Early recovery is a vital element of an effective response to internal displacement
as it aims at crisis recovery from the humanitarian phase onwards, resilience-building and
development opportunities, and can encourage social change. As such, it presents important
opportunities to promote gender equality in the context of internal displacement. However,
these opportunities are often lost because gender issues are given low priority in emergency
contexts, as well as during the recovery phase. The Special Rapporteur underlines that
failure to include gender perspectives early in decision-making processes can have longlasting impacts on IDW, particularly in the context of governance structures, and policies
and practices, which can reinforce existing socioeconomic disparities between men and
women.
4.
Access to justice and accountability towards internally displaced women
38.
Access to justice and accountability mechanisms remains limited and inadequate
for most IDW. In some cases, women are constrained to use customary justice systems,
which often discriminate against them and apply principles in contradiction with national
and international standards. In others, formal justice mechanisms may also discriminate
against women and therefore not provide the best outcome for IDW. The Special
Rapporteur finds the most glaring gap to be in access to justice for survivors of sexual
violence. Ensuring legal justice for survivors can be transformative because it sends a clear
message rejecting impunity for this heinous crime. However, in some instances IDW not
only lack access to effective remedies, but have themselves been charged when bringing
forward allegations of rape by State security forces in camps.40 Conversely, legal aid, where
37
38
39
40
Women’s Refugee Commission (WRC), “Peril or Protection: Making Work Safe”.
Child Protection in Crisis Learning Network, “Rethinking Gender-Based Violence”, Policy Change
Brief (2010), p. 2.
World Health Organization (WHO) and World Bank, World Report on Disability (Malta, 2011), p.
59; WHO and United Nations Populations Fund, Promoting sexual and reproductive health for
persons with disabilities: WHO/UNFPA guidance note, p. 6; reports of the Special Rapporteur on
violence against women, its causes and consequences, to the General Assembly (A/67/227) and the
Council (A/HRC/20/5 and Corr.1), on the issue of violence against women and girls with disabilities.
Human Rights Watch, “Somalia: Alleged Rape Victim Convicted”, 29 January 2013. Available from
www.hrw.org/news/2013/02/05/somalia-alleged-rape-victim-convicted.
13
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