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Gender-based Violence

  1. definition
  2. examples and/or illustrations
  3. other useful sources
  4. bibliography


Definition

The partition of human rights via intentional harm geared towards a person due to their sex by means of ascription of negative characteristics projected by individual civilians or collectives such as government or radical groups whereby unequivocal treatment or punishment is unduly placed. Persons brutalized for inclusion in a certain gendered group may be victimized through various ways using multiple means such as threats or physical and psychological harm. Sexual violence may be used to as a tool to provide soldiers sex during times of war, or against enemy populations.

Ward, J. & Vann, B. (2002). Gender based violence in refugee settings. The Lancet, 360. Retrieved from http://www.sciencedirect.com.ezproxy.lib.ryerson.ca/science/article/pii/S0140673602118022?np=y (Accessed February 20, 2014).

The predisposition to status of insecurity imposed on a group of persons in society for reason of classification in a certain sex whereby safety is hampered by discriminatory targeting which enacts experience of fear and inequality. It is a national and international problem which has engulfed all societies and historically protracted as crisis in many civilizations founded by intention of harm guided on foundation of hatred motivated acts upon a certain gender. It is predominately directed towards females however men and children may also be victim to this type of violence. Gender based violence may be expressed as sexual, physical, emotional, psychological and socio-economic violence as well through harmful traditional practices. Victimization on the basis of sex withstands against persons regardless of political affiliation, education, religion, socio-economic status, age or race and ethnicity.

 Aolain, F.N. & Haynes, D. (2011). Criminal justice for gendered violence and beyond. International Criminal Law Review, (11), 425-443. Retrieved from http://www.heinonline.org/HOL/Page?page=425&handle=hein.journals%2Fintcrimlrb11&collection=journals#431 (Accessed February 21, 2014).

The maintenance of patriarchal structures through systematic process of oppression predominately imposed by males to ensure status quo of females, transsexuals or other gendered identities as subordinate through law by allowance of abuse or failure to illegalize abusive behaviours or byway of reification in culture of behaviour in society through citizen interaction in private sphere.

Round up: Violence. (2012). Reproductive Health Matters, 20(40), 218-219. doi:10.1016/S0968-8080(12)40672-3

 

Examples and/or Illustrations

The findings of the 2013 UNHCR on gender based violence revealed retrieval of information of Syrian female migrant experience in Lebanon. Female vulnerability stemmed from placement in refugee camps located in abandoned buildings or early marriage for purpose of survival increasing likelihood for intimate partner violence. Female Syrian refugees suffer in silence as admittance of gender based violence which predominates as rape, creates stigma. This stigmatization causes women to be victimized by their families through physical and sexual violence or murder as a cost of the dishonour she is believed to have brought upon them. The UNHCR has responded by collaboration with UNICEF and the Danish Refugee Council and establishment of shelters for women intended to provide short term housing for victims of gender based violence or women at risk of violence. Services such as counselling, medical care, legal clinics and other various social services are also available to support Syrian female refugees.

Anani, G. (2013). Dimensions of gender based violence against Syrian refugees in Lebanon. Forced Migration Review, (44), 75-78. Retrieved from http://ezproxy.lib.ryerson.ca/login?url=http://search.proquest.com/docview/1440257934?accountid=13631 (Accessed February 21, 2014).

Analysis of the northern Mexican border reveals migrant men in transit to the United States of America experience crisis of gendered violence. These men are victimized to various degree and form by self proclaimed vigilantes who enforce their law and authoritative figures such as police officers and military personnel. Agents responsible for security of the boarder are strategic to realize their aims of gender based violence by patrol of segregate regions in order to ensure perpetration of mistreatment from view of public once Mexican men are detained. Migrant males suffer physical, verbal, psychological and sexual violence and robbery during encounters along the border. It may also be argued they are subject to systemic violence by migrant staff and judges through detainment in migrant detention centres since it is understood they will be without liberty and subject to oppression and comprised health.

Infante, C., Idrovo, A.J., Sanchez-Dominguez, M.S., Vinhas, S. & Gonzalez-Vazquez, T. (2011). Violence committed against migrants in transit: Experiences on the northern Mexican border. Journal of Immigrant and Minority Health. (14), 449-459. Retrieved from http://journals1.scholarsportal.info/pdf/15571912/v14i0003/449_vcamiteotnmb.xml (Accessed February 25, 2014).

The 2002 United Nations High Commissioner for Refugees and Save the Children UK reports displaced female refugees who have fled to find solace and safety in refugee camps suffer gendered based violence through exploitation by Non-Government Organisation workers. Women are demanded to perform sexual favours in exchange for essentials such as food and materials.

Olsen, O.E. & Scharffscher, K.S. (2004). Rape in refugee camps as organisational failures. International Journal of Human Rights, (8), 377-397. Retrieved from http://journals2.scholarsportal.info/pdf/13642987/v08i0004/377_rircaof.xml (Accessed February 23, 2014).

Gender based violence is exemplified by victimization of legal and illegal female migrant workers in California. The male dominated field creates a subordinate status of women whereby employees have been capitalizing on their position of disadvantage. Women are sexually abused, harassed, fondled and forcefully coerced into sex by threat of termination of contract. Female migrant farm workers are often unaware of their rights and do not report victimization to authorities for fear of retaliation by employer against family members who work on the same farm or deportation by authorities.

Runge, R. R. (2012). Failing to address sexual and domestic violence at work: The case of migrant farmworker women. The American University Journal of Gender, Social Policy & the Law, 20(4), 871-897. Retrieved from http://ezproxy.lib.ryerson.ca/login?url=http://search.proquest.com/docview/1313183400?accountid=13631 (Accessed February 27, 2014).

 

Other Useful Sources

International Catholic Migration Commission (2012). Combating Gender Based Violence (GBV) Among Urban Refugees in Malaysia. Retrieved from http://www.icmc.net/activities/combating-gender-based-violence-gbv-among-urban-refugees-malaysia (Accessed February 25, 2014).

Refworld (2003). Sexual and  Gender Based Violence against Refugees, Returnees and Internally Displaced Persons. Retrieved from http://www.refworld.org/pdfid/3edcd0661.pdf (Accessed February 25, 2014).

Unicef (2006).Gender Based Violence. Retrieved from http://www.unicef.org/emergencies/index_33202.html (Accessed on February 25, 2014).

Women’s Refugee Commission (2014). Gender Based Violence. Retrieved from http://womensrefugeecommission.org/programs/gender-based-violence (Accessed February 25, 2014).

 

Case Law in Canada:

Case law of various forms of gender based violence is assessed by the Immigration and Refugee Board of Canada. In 1994, a ruling proceeded in the case of Khadra Hassan Farah and her daughter, Mahad Dahir Buraleh. The claimants argued existence of a well-founded fear of persecution on basis of group membership of “women”. Khadra faced threat of violence by her ex-husband in her Somali village if she returned to her nation state and forced revocation of parental custody rights through her status as a divorced woman. The potential resultant of patrilineal guardianship over Mahad would force traditional practise of female genital mutilation upon her and consequents of problematic menstruation, conception and childbirth. The relations between government officials and her ex-husband secured the prospect of power his power and their vulnerability to gender based violence. The Immigration and Refugee Board of Canada ruled in consideration of the facts presented and determined Khadra and Mahad Convention Refugees to permit their stay in Canada.

Khadra Hassan Farah, Mahad Dahir Buraleh, Hodan Dahir Buraleh, Immigration and Refugee Board of Canada, 10 May 1994. Retrieved from http://www.refworld.org/docid/3ae6b70618.html (Accessed April 8, 2014).

On December 10th, the Immigration and Refugee Board of Canada heard the case of a Haitian woman in a private proceeding. The claimant fled her Haitian homeland after being imprisoned for protest against the government in the November 2002, Port au Prince KID demonstration and prevented participation in a subsequent rally in Port au Paix by detainment. Upon her release, she feared reprisal in form of sexual violence by the Lavalas Network for her political advocacy and fled to Canada after a rejected refugee claim in the United States of America. Many abuses against women as a cause of perceptual inferiority of women are widespread through the nation and had exacerbated since the earthquake by use of oppressive tactics such as rape, kidnapping and various forms of victimization particularly in areas with minimal police presence. The Immigration and Refugee Board reviewed her case and determined the return to country of origin would render her vulnerable to gender based violence as protective measures were not existent in Haiti. Canada resultantly deemed her a Convention Refugee and granted her stay.  

RPD File No. VA9-00035 — [2011] R.P.D.D. No. 2; [2011] D.S.P.R. no 2 CAImmRefBd. Retrieved from http://www.lexisnexis.com.ezproxy.lib.ryerson.ca/ca/legal/results/docview/docview.do?risb=21_T19649134829&format=GNBFULL&sort=RELEVANCE&startDocNo=1&resultsUrlKey=29_T19649134836&cisb=22_T19649134832&treeMax=true&treeWidth=0&csi=281165&docNo=5 (Accessed April 9, 2014).

Other Related Terms:

  • Gender
  • Gender Based Persecution
  • Oppression
  • Gender Relations
  • Sexual and Gender-based violence (SGBV)
  • Vulnerable Persons
  • Victimology
  • Victimization
  • Gender Roles

Bibliography

Aolain, F.N. & Haynes, D. (2011). Criminal justice for gendered violence and beyond. International Criminal Law Review, (11), 425-443. Retrieved from http://www.heinonline.org/HOL/Page?page=425&handle=hein.journals%2Fintcrimlrb11&collection=journals#431 (Accessed February 21, 2014).

Anani, G. (2013). Dimensions of gender based violence against Syrian refugees in Lebanon. Forced Migration Review, (44), 75-78. Retrieved from http://ezproxy.lib.ryerson.ca/login?url=http://search.proquest.com/docview/1440257934?accountid=13631 (Accessed February 21, 2014).

Infante, C., Idrovo, A.J., Sanchez-Dominguez, M.S., Vinhas, S. & Gonzalez-Vazquez, T. (2011). Violence committed against migrants in transit: Experiences on the northern Mexican border. Journal of Immigrant and Minority Health. (14), 449-459. Retrieved from http://journals1.scholarsportal.info/pdf/15571912/v14i0003/449_vcamiteotnmb.xml (Accessed February 25, 2014).

Khadra Hassan Farah, Mahad Dahir Buraleh, Hodan Dahir Buraleh, Immigration and Refugee Board of Canada, 10 May 1994. Retrieved from http://www.refworld.org/docid/3ae6b70618.html (Accessed April 8, 2014).

Olsen, O.E. & Scharffscher, K.S. (2004). Rape in refugee camps as organisational failures. International Journal of Human Rights, (8), 377-397. Retrieved from http://journals2.scholarsportal.info/pdf/13642987/v08i0004/377_rircaof.xml (Accessed February 23, 2014).

Round up: Violence. (2012). Reproductive Health Matters, 20(40), 218-219. doi:10.1016/S0968-8080(12)40672-3

RPD File No. VA9-00035 — [2011] R.P.D.D. No. 2; [2011] D.S.P.R. no 2 CAImmRefBd. Retrieved from http://www.lexisnexis.com.ezproxy.lib.ryerson.ca/ca/legal/results/docview/docview.do?risb=21_T19649134829&format=GNBFULL&sort=RELEVANCE&startDocNo=1&resultsUrlKey=29_T19649134836&cisb=22_T19649134832&treeMax=true&treeWidth=0&csi=281165&docNo=5 (Accessed April 9, 2014).

Runge, R. R. (2012). Failing to address sexual and domestic violence at work: The case of migrant farmworker women. The American University Journal of Gender, Social Policy & the Law, 20(4), 871-897. Retrieved from http://ezproxy.lib.ryerson.ca/login?url=http://search.proquest.com/docview/1313183400?accountid=13631 (Accessed February 27, 2014).

Ward, J. & Vann, B. (2002). Gender based violence in refugee settings. The Lancet, 360. Retrieved from http://www.sciencedirect.com.ezproxy.lib.ryerson.ca/science/article/pii/S0140673602118022?np=y (Accessed February 20, 2014).