Sexual and Gender-based Violence

Violation Types
Legal elements
  • Sexual and Gender-based Violence: Acts of sexual nature
  • Sexual and Gender-based Violence: Acts were 1) inherently violent or 2) forcible or committed during the time when the detainee was unable or unwilling to give consent
  • Sexual and Gender-based Violence: Acts were committed by a public official or officials against the detainee
Constituting Acts
  • Sexual and Gender-based Violence: Circumstantial evidence to believe acts of sexual violence occurred
  • Sexual and Gender-based Violence: Depriving someone of access to hygiene, treatment, or medicine related to menstruation, pregnancy, childbirth, fistula care, rectal hematoma, HIV or other sexually transmitted infections, sexual maiming, disfigurement, gynaecological, urological or urinary treatment, or any other aspect of sexual health or reproductive health
  • Sexual and Gender-based Violence: Having someone perform, in view of others, bodily functions that are normally conducted in private, including measures related to menstrual hygiene, urination and defecation
  • Sexual and Gender-based Violence: Having the person undress completely or partially
  • Sexual and Gender-based Violence: Inspecting someone’s genitals, anus, breasts, or hymen without medical or similar necessity
  • Sexual and Gender-based Violence: Penetrative acts with body part or with objects
  • Sexual and Gender-based Violence: Punishing someone for refusing to engage in sexual activity
  • Sexual and Gender-based Violence: Rewarding the person such as with a favour and/or other improved conditions or treatment in exchange for performing acts of sexual nature
  • Sexual and Gender-based Violence: Stripping a person of an individual’s reproductive autonomy through forced abortion
  • Sexual and Gender-based Violence: Subjecting a person to unwanted physical contact with a sexual implication
  • Sexual and Gender-based Violence: Verbal (sexual) harassment
Explainer

The term sexual and gender-based violence refers to acts that violate a person’s reproductive rights or harmful acts that are sexual in nature. An act can be “sexual” even without physical contact, such as threats of sexual violence. An act may be sexual regardless of whether sexual gratification was part of the intent or result. Finally, sexual violence can be committed by and against any person regardless of sex or gender; it may also involve persons of the same sex. There is no single understanding of the term “sexual” and depends on factors such as age, gender, sex characteristics, culture, ethnicity, and religion among others.

Legal instruments