Reparations for Conflict-Related Sexual and Reproductive Violence: A Decalogue

Authored by: Ruth Rubio-Marín

Categories: Human Rights, Violent Conflict
Sub-Categories: Sexual and Gender-Based Violence (SGBV), Sexual and Reproductive Health, Transitional Justice
Region: No Region
Year: 2012
Citation: Rubio-Marín, Ruth. "Reparations for Conflict-Related Sexual and Reproductive Violence: A Decalogue." William & Mary Journal of Women and the Law 19.1 (2012): 68-104.

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Executive Summary

While the sexual violence focus in the human rights movement might have been an effective tool to make the gender-specific content of violence visible to key human rights bodies and actors who, until the late 1980s, had failed to pay attention either to women as rights holders or to sexual harm as a type of harm, a “hyper-attention” to sex now risks doing further harm to women by deviating attention from other non-sexual forms of sex-specific harms. Mindful of this risk, this article spells out principles and guidelines which ought to guide reparations for conflict-related victims of SRV, paying particular attention to the risk of further entrenching patriarchy or further harming the victims. Taking into account the specificity of the harm that ensues from SRV, Part I outlines three meta-principles which should inspire SRV reparations initiatives so as to facilitate victims’ access to adequate reparations. Focusing on reparations programs as arguably the most conducive venue to provide redress to victims of SRV in post-conflict settings, Part II then spells out ten specific guidelines indicating how the general principles spelled out under Part I can be best achieved.