GENDER BASED VIOLENCE BY NON STATE ACTORS ON THE BASIS OF RELIGION BY - SMEEKSHA PANDEY

GENDER BASED VIOLENCE BY NON STATE ACTORS ON THE BASIS OF RELIGION

AUTHORED BY - SMEEKSHA PANDEY

The article discusses the important terms such as gender, non state actors and provides specific examples of different types of violence against women committed by non-state actors and outlines various strategies employed in different regions to combat this violence. The focus is on strategies that have been effective.

Gender pertains to the socially constructed roles assigned to men and women based on their sex, while 'sex' refers to biological and physical characteristics. Gender roles are shaped by specific socio-economic, political, and cultural contexts, and are influenced by factors such as age, race, class, and ethnicity. These roles are learned and can differ significantly within and across cultures. Unlike biological sex, gender roles are subject to change. They play a crucial role in determining women's access to rights, resources, and opportunities.[1]

The concept of non-state actors and their connection to international human rights law is intricate and multifaceted. While gender violence affects both women and men (and men in different ways than women), the focus is specifically on violence against women.[2] Three types of non-state actors are identified:[3]

Family non-state actors: This includes blood relatives (such as parents, siblings, and extended family members) and partners (whether in marriage or common law unions).
Community non-state actors: This category encompasses neighbors, unknown individuals, medical professionals, employers, religious leaders, and educational institutions operating outside the state system (for instance, madrassas).
Conflict-related non-state actors — armed groups: This involves the use of sexual violence as a war tactic and the necessity to legally hold members of armed groups accountable for committing acts of violence against women.

As the concept of the state as a unified entity becomes more distinct, the significance and influence of Non-State Actors on societal issues, including security, become more prominent. Non-State Actors encompass a variety of entities such as NGOs, charities, political parties, lobby groups, the media, multinational corporations, highly influential individuals like oligarchs, terrorist organizations, international crime syndicates, as well as diasporas and organized ethnic minorities.[4] One effective method for defining Non-State Actors might be to compare them with the characteristics of a state. Unlike a state, a Non-State Actor does not wield formal authority over a specific population. However, this doesn't imply that they lack their own constituencies. Many Non-State Actors possess formal membership bases, employees (such as those in large corporations and NGOs), and supporters. Occasionally, Non-State Actors serve as official representatives for specific groups within a country, such as an ethnically defined political party.[5] Additional Protocol II to the 1949 Geneva Conventions[6] describes non-state armed groups in Article 1.1 as "dissident armed forces or other organized armed groups" that engage in combat with regular armed forces or against each other within the territory of one or more states. To be recognized as parties to the conflict, these groups must meet certain criteria: they must be[7]:-

i) under a responsible command,

ii) exercise control over part of the territory sufficient to

iii) Conduct sustained and coordinated military operations and enforce the provisions of this Protocol.

Most modern armed conflicts occur between states and armed non-state actors (ANSAs) or among ANSAs themselves.[8] Additionally, armed violence by ANSAs presents a considerable threat to human security even outside of armed conflict situations. While it is well recognized that ANSAs are subject to the laws of armed conflict, also known as international humanitarian law (IHL), there is ongoing debate about the extent of their obligations under human rights law (HRL) when they are involved in an armed conflict.[9] Crimes of sexual violence during wartime did not receive the attention they warranted based on their frequency. For example, the exploitation of the so-called "comfort women" by the Japanese military during World War II was not addressed until very recently.[10]

Gender-Based Violence (GBV) is a pervasive issue worldwide, often deeply rooted in social, cultural, and religious norms. When this violence is motivated by religious ideologies and perpetuated by Non-State Actors (NSAs), it creates a complex and multifaceted challenge. NSAs such as extremist groups, religious organizations, and culturally conservative factions play significant roles in perpetuating GBV, particularly against women. This essay explores the impact of religiously motivated GBV by NSAs, examining its causes, manifestations, and consequences on women.[11] Religiously motivated GBV by NSAs often stems from rigid interpretations of religious doctrines that promote patriarchal values and gender inequality. In many cases, extremist groups manipulate religious texts to justify the subjugation and control of women. These interpretations can manifest in various forms, including enforced dress codes, restricted mobility, forced marriages, and severe punishments for perceived moral transgressions.

Religious-based violence against women is a deeply rooted issue that transcends cultures and borders, impacting millions of women worldwide. This form of violence is perpetuated under the guise of religious doctrines, cultural traditions, and patriarchal interpretations of sacred texts, leading to profound physical, psychological, and social consequences for the victims. Understanding and addressing this issue requires a multifaceted approach, involving legal reforms, educational initiatives, and active engagement from religious and community leaders. Moreover, the socio-political landscape can exacerbate these issues. In regions where state control is weak, NSAs often fill the power vacuum, imposing their own rules and ideologies on the populace. This can lead to the institutionalization of GBV under the guise of religious and cultural preservation. Additionally, poverty, lack of education, and systemic gender inequality provide fertile ground for these ideologies to take root and flourish.

Many religions, when interpreted through a patriarchal lens, have been used to justify the subjugation and abuse of women. This interpretation often stems from historical contexts where patriarchal structures were dominant and were subsequently woven into religious teachings. For instance, certain interpretations of religious texts prescribe gender roles that inherently place women in subordinate positions, limiting their autonomy and subjecting them to control and violence.

The manifestations of religiously motivated GBV by NSAs are diverse and widespread. In some areas, women face physical violence, including beatings, mutilation, and even honor killings, as a means of enforcing compliance with religious norms. Sexual violence, such as rape and forced prostitution, is also a common tactic used by NSAs to terrorize and control women. For instance, extremist groups like ISIS have used sexual violence as a weapon of war, systematically enslaving and exploiting women from religious minority communities.[12]

In addition to physical violence, NSAs often employ psychological and emotional abuse to maintain dominance over women. This includes threats, intimidation, and public shaming. Women who deviate from prescribed religious norms may be ostracized or subjected to severe social stigma, further entrenching their vulnerability and marginalization.

Years later, in 1992, the legal landscape had significantly changed, which contributed to shifting attitudes towards the atrocities in the Balkans.[13] The increased attention to the experiences of women in the Balkans was largely due to the outrage expressed by the international community, non-governmental organizations, women's groups, the media, and courageous journalists, who entered war zones, spoke with women, documented their testimonies, and shared their stories with the world. Additionally, there was a significant change because women, empowered by this newfound platform, were more willing to speak out and inform the world about the atrocities they faced.[14] The U.N. Security Council passed a resolution establishing the first International Criminal Tribunal since the Nuremberg and Tokyo trials,[15] specifically addressing the crimes committed in the Former Yugoslavia. Among the crimes included in the Tribunal's mandate was rape.[16] In his report, the Secretary-General of the United Nations explicitly condemned the systematic rape of women, stating, "The Security Council condemned once again all violations of international humanitarian law including, in particular, the practice of 'ethnic cleansing' and the massive, organized, and systematic detention and rape of women." Thus, the Tribunal's foundation strongly emphasized addressing crimes against women, including rape. In conflict zones involving armed groups, the line between State and non-state actors can be quite blurred. Sometimes, the State employs non-state actors to carry out human rights violations. Conversely, factions opposing the State may establish their own parallel systems, including judicial and police structures.

The legal advancements in the Tribunals in both The Hague and Rwanda had paved the way for our efforts. The definition of rape was becoming more precise. A judgment in the Furundzija case,[17] which dealt with a single instance of rape, had already been established. In that case, the Court defined rape as penetration involving force, the threat of force, or coercive circumstances. Additionally, the Akayesu case[18] in the Rwanda Tribunal provided a definition of rape as a sexual violation.[19] In both Akayesu and in Furundzia, as well as in Celebici, the courts found that sexual assault could constitute a war crime.

The treaties explicitly outline the obligation of states to ensure the respect, protection, and promotion of these rights. Many treaties also emphasize the duty of states to refrain from supporting, condoning, or tolerating actions by non-state actors that lead to human rights abuses.[20] The international community has been slow to recognize violence against women as a human rights violation and a criminal act. For instance, the statutes of the Nuremberg and Tokyo tribunals in 1945 did not include rape in armed conflict or define it as a war crime.[21] Additionally, female genital mutilation (FGM) was viewed as a cultural practice rather than a violation of women's rights[22] until recently (see article 2b of the Declaration on the Elimination of Violence against Women). It was not until late 2004 that marital rape and "honour" crimes were addressed within the scope of international law. The ongoing challenge is to highlight the provisions in relevant treaties and instruments that pertain to non-state actors and to ensure that states take the necessary remedial actions.[23]

GENDER BASED VIOLENCE BY NON STATE ACTORS ON THE BASIS OF RELIGION BY - SMEEKSHA PANDEY

1. Challenges and Issues Of Gender-Based Violence A Christian Education Perspective by I. Asongla Pongen

2. Assessing Gender Based Violence under Rwandan Law. Case of Assault and Battery, Essay, 2022, 24 Seiten, Author: in: Muhire Faustin

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ETHICS & POLICY

GENDER BASED VIOLENCE BY NON STATE ACTORS ON THE BASIS OF RELIGION BY - SMEEKSHA PANDEY

1. Challenges and Issues Of Gender-Based Violence A Christian Education Perspective by I. Asongla Pongen

2. Assessing Gender Based Violence under Rwandan Law. Case of Assault and Battery, Essay, 2022, 24 Seiten, Author: in: Muhire Faustin

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