Condensed: Sexual violence is (a) a sexual acts or attempt to obtain a sexual act without consent or through coercion or (b) unwanted sexual comments or advances. Sexual violence can be committed by any person regardless of their relationship to the victim, in any setting, including but not limited to home and work. Sexual violence includes sexual harassment such as unwelcome physical contact and advances, sexually coloured remarks, showing pornography and sexual demand, whether by words or actions. States should exercise due diligence to prevent, investigate and punish acts of sexual violence whether those acts are perpetrated by the State or by private persons. Comprehensive: Sexual violence is (a) a sexual act or attempt to obtain a sexual act without consent or through coercion; or (b) unwanted sexual comments or advances.[1] Sexual violence can be committed ‘by any person regardless of their relationship to the victim, in any setting, including but not limited to home and work.’[2] Consent must be given voluntarily, as a result of free will, assessed in the context of the surrounding circumstances.[3] (See *rape*). Coercion may ‘[a]part from physical force … involve psychological intimidation, blackmail or other threats – for instance the threat of physical harm, of being dismissed from a job or not obtaining a job that is sought. [4] States are obliged to take action against sexual violence under various international and regional instruments, in particular instruments aimed at the protection of women and children.[5] [WHEN DOES IT QUALITY AS HUMAN RIGHTS VIOLATIONS WHEN THE ACTS ARE COMMITTED BY PRIVATE PERSON?] Sexual violence includes inter alia:[6]
*Rape*;
Attempted rape;
Sexual abuse of children; (See *sexual exploitation, abuse and rape (including child pornography*)
Unwanted sexual advances or sexual harassment, including demanding sex in return for favours or entitlements, such as promotion or job security;
Forced or servile marriage or cohabitation, including the marriage of children; (See *marriage without free and full consent*; *minimum age in marriage/marriage of minor*)
Denial of the right to use contraception or to adopt other measures to protect against sexually transmitted diseases; (See *denial of goods and services for sexual and reproductive health*, *family planning (free from coercion and interference)*);
Forced abortion; (See *forced pregnancy, forced abortion, forced sterilization*)
Violent acts against the sexual integrity of women, including female genital mutilation and obligatory inspections for virginity; (See *harmful traditional practices*)
Forced prostitution and trafficking of people for the purpose of sexual exploitation. (See *trafficking*)
Sexual violence is common in armed conflict in many parts of the world. This scourge has been addressed in international instruments as well as international and national case law.[10] (See *rape, sexual slavery, enforced prostitution and other sexual violence*.
[1] WHO Report on violence and health (2002) 149. [2] WHO Report on violence and health (2002) 149. [3]Prosecutor v Kunarac ICTY-96-23-T (ICTY 2001) para 460. [4] WHO Report on violence and health (2002) 149. [5] UN Declaration on the Elimination of Violence against Women; CoE Recommendation Rec(2002)5 of the Committee of Ministers to member states on the protection of women against violence; CoE Convention on preventing and combating violence against women and domestic violence. [6] WHO Report on violence and health (2002) 149-150. [7]CEDAW General Recommendation 19 para 18. [8] Art 40. [9] UN Declaration on the Elimination of Violence against Women art 4(c). See also CEDAW General Recommendation 19 para 9. [10]See eg UN Security Council resolutions 1325 and 1820
Condensed:
Sexual violence is (a) a sexual acts or attempt to obtain a sexual act without consent or through coercion or (b) unwanted sexual comments or advances. Sexual violence can be committed by any person regardless of their relationship to the victim, in any setting, including but not limited to home and work.
Sexual violence includes sexual harassment such as unwelcome physical contact and advances, sexually coloured remarks, showing pornography and sexual demand, whether by words or actions.
States should exercise due diligence to prevent, investigate and punish acts of sexual violence whether those acts are perpetrated by the State or by private persons.
Comprehensive:
Sexual violence is
(a) a sexual act or attempt to obtain a sexual act without consent or through coercion; or
(b) unwanted sexual comments or advances.[1]
Sexual violence can be committed ‘by any person regardless of their relationship to the victim, in any setting, including but not limited to home and work.’[2]
Consent must be given voluntarily, as a result of free will, assessed in the context of the surrounding circumstances.[3] (See *rape*). Coercion may ‘[a]part from physical force … involve psychological intimidation, blackmail or other threats – for instance the threat of physical harm, of being dismissed from a job or not obtaining a job that is sought. [4]
States are obliged to take action against sexual violence under various international and regional instruments, in particular instruments aimed at the protection of women and children.[5] [WHEN DOES IT QUALITY AS HUMAN RIGHTS VIOLATIONS WHEN THE ACTS ARE COMMITTED BY PRIVATE PERSON?]
Sexual violence includes inter alia:[6]
- *Rape*;
- Attempted rape;
- Sexual abuse of children; (See *sexual exploitation, abuse and rape (including child pornography*)
- Unwanted sexual advances or sexual harassment, including demanding sex in return for favours or entitlements, such as promotion or job security;
- Forced or servile marriage or cohabitation, including the marriage of children; (See *marriage without free and full consent*; *minimum age in marriage/marriage of minor*)
- Denial of the right to use contraception or to adopt other measures to protect against sexually transmitted diseases; (See *denial of goods and services for sexual and reproductive health*, *family planning (free from coercion and interference)*);
- Forced abortion; (See *forced pregnancy, forced abortion, forced sterilization*)
- Violent acts against the sexual integrity of women, including female genital mutilation and obligatory inspections for virginity; (See *harmful traditional practices*)
- Forced prostitution and trafficking of people for the purpose of sexual exploitation. (See *trafficking*)
Sexual violence is common in armed conflict in many parts of the world. This scourge has been addressed in international instruments as well as international and national case law.[10] (See *rape, sexual slavery, enforced prostitution and other sexual violence*.[1] WHO Report on violence and health (2002) 149.
[2] WHO Report on violence and health (2002) 149.
[3] Prosecutor v Kunarac ICTY-96-23-T (ICTY 2001) para 460.
[4] WHO Report on violence and health (2002) 149.
[5] UN Declaration on the Elimination of Violence against Women; CoE Recommendation Rec(2002)5 of the Committee of Ministers to member states on the protection of women against violence; CoE Convention on preventing and combating violence against women and domestic violence.
[6] WHO Report on violence and health (2002) 149-150.
[7]CEDAW General Recommendation 19 para 18.
[8] Art 40.
[9] UN Declaration on the Elimination of Violence against Women art 4(c). See also CEDAW General Recommendation 19 para 9.
[10]See eg UN Security Council resolutions 1325 and 1820