Femicide: The challenges to typify the crime under international law

Study
Africa
Latin America and the Caribbean

EXECUTIVE SUMMARY

This study [...] analyzes the proposal for typifying the crime of “feminicide” as an effective form of fighting impunity in the context of sex gender-based violence(SGBV). The focus here will be the challenges for this being done under international law.

Regarding the legal framework, International Humanitarian Law (IHL), Human RightsLaw and Refugee Law are going to be taken into consideration in a convergent perspective as first framed by Brazilian Antonio Augusto Cançado Trindade, judge of the International Court of Justice in the Hague, in 1994. 

These three branches of international law, therefore, are analyzed given their common nature to assure the protection of human beings and their complementary aspects — as human rights laws address victims petitions and claims while IHL and refugee law not.

Lastly, refugee law is an important aspect for this topic because women and children represent almost 80% of the millions of refugees and internally displaced people in the world nowadays. And refugee women are particularly vulnerable to violence and rape, due to displacement during armed conflicts.

External Authors

Carolina Montenegro
According to a World Bank report, at least one in every three women has been beaten, coerced into sex or otherwise abused in her lifetime. The International Organization forMigration (IOM) estimates that as many as 2 million women are trafficked across borders annually, while in Africa, more than 90 million women and girls are victims of female genital mutilation.

 

 


 

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