Sexual Violence – Protection: Policy, Legal and Regulatory Measures

• Adopt a comprehensive and multidisciplinary policy on sexual violence in armed conflict and other emergencies that encompasses preventive action, risk reduction and protection strategies, including in detention settings. Such a policy should address the causes and consequences of sexual violence and incorporate timely medical and psychosocial support for victims and initiatives that foster victims’ reintegration into society.
• Legislate for the absolute prohibition of sexual violence in armed conflict and other emergencies and ensure that: a gender-neutral definition covering all potential perpetrators (regardless of their status and their victims) is included; all forms of participation are properly covered; no amnesty, pardon or similar measure is admissible; all relevant bases of jurisdiction are provided for, including universal jurisdiction; and no defence based on obedience to a superior’s order is possible.
• Enact domestic legislation providing for effective repression of sexual violence in armed conflict and other emergencies, accompanied by truly dissuasive sanctions.
• Enact or amend witness protection legislation to include protective measures for victims and witnesses of sexual violence, paying particular attention to their consent, confidentiality and right to privacy.
• Protect health workers, human rights defenders and activists and local non-governmental organizations working towards the prevention of, and response to, sexual violence in armed conflict and other emergencies, and ensure that they are able to work in safety and security.

Action plan