Gender Violence and its Violation of Fundamental Human Rights

Gender-based violence is understood as any aggressive action based on gender that causes, or may cause, physical, sexual, or psychological harm to women, including attacks of this nature, coercion, or arbitrary deprivation of liberty, whether in public or private contexts. This type of violence has devastating effects on fundamental human rights, such as the right to life, security, and physical and mental integrity. Furthermore, it prevents victims from fully enjoying their civil, political, economic, social, and cultural rights, perpetuating gender inequality.

Gender-based violence acts as a significant obstacle to the exercise of human rights, restricting women's full and effective participation in society. Discrimination and gender-based violence undermine women's ability to exercise their rights, hindering progress toward gender equality and women's empowerment in all areas of life.

It is essential to recognize that gender-based violence not only impacts the direct victims but also affects the community at large, creating a climate of fear and insecurity that compromises the peace, stability, and sustainable development of societies.

The fight against gender-based violence has developed over time, marking significant milestones in the evolution of human rights. Although gender-based violence was long considered a normal part of life and ignored, a global movement has emerged in recent decades that seeks to comprehensively address this problem. In the international context, the adoption of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1979 represented a milestone in the recognition of gender-based violence as a human rights violation. Since then, multiple instruments and mechanisms have been created to address gender-based violence, such as laws, policies, and programs aimed at preventing, punishing, and eliminating this problem.

In various nations, specific regulations have been implemented to combat gender-based violence, and assistance services for victims, such as shelters, helplines, and legal counsel, have been developed. Despite this progress, gender-based violence continues to be a global challenge, and a continued commitment is needed to ensure respect and protection of the human rights of all people, regardless of gender.

The figures related to gender-based violence and its impact on human rights are worrying. According to the World Health Organization (WHO), nearly one in three women worldwide has experienced physical or sexual violence from an intimate partner or sexual violence perpetrated by a third party at some point in their lives. These statistics highlight the magnitude of the problem and the urgent need to implement effective actions to combat it.

Additionally, gender-based violence has devastating effects on the physical and mental health of victims, as well as on their families and communities. Psychological scars, physical injuries, and bereavement are some of the ways in which gender-based violence impacts people and undermines essential human rights.

Collecting and analyzing accurate data on gender-based violence is essential to guide policymaking, resource allocation, and the implementation of effective prevention and response programs. Only through an evidence-informed approach can we make progress toward eliminating gender-based violence and comprehensively safeguarding the human rights of all individuals.

Globally, the fight against gender-based violence has gained momentum through the adoption of various legal instruments aimed at safeguarding women's human rights and eradicating gender-based violence. A crucial treaty in this regard is the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted by the United Nations General Assembly in 1979. This international agreement recognizes gender-based violence as a form of discrimination that harms women's human rights and requires member states to implement measures to prevent, punish, and eliminate such violence.

Another significant document is the Declaration on the Elimination of Violence against Women, adopted by the UN General Assembly in 1993. This declaration establishes that gender-based violence constitutes a violation of human rights and urges states to reject it and not allow it to occur. Likewise, Resolution 1325, issued by the United Nations Security Council in 2000, underscores the importance of women's full and active participation in conflict prevention and resolution, as well as in promoting peace, recognizing the disproportionate impact that gender-based violence has on women in contexts of armed conflict.

These international legal instruments provide a solid framework for the defense of human rights in the area of ​​gender-based violence, defining standards that States must observe and promoting concrete actions to prevent and address this problem from a human rights perspective.

Gender-based violence occurs in multiple forms, including physical, psychological, sexual, economic, and symbolic violence, and each of these manifestations represents a clear violation of fundamental human rights. Physical violence, which includes assault, abuse, and homicide, violates the right to life, physical integrity, and personal security. Psychological violence, manifested through harassment, intimidation, and humiliation, undermines individuals' right to dignity and emotional well-being. 

Likewise, sexual assault, which ranges from stalking to rape, violates the right to sexual freedom and individual autonomy. Economic violence, which refers to domination and restriction of access to financial resources, compromises the right to economic independence and personal advancement. Finally, symbolic violence, which manifests itself through behaviors and narratives that reinforce gender stereotypes, undermines the right to equality and non-discrimination.

It is essential to recognize that all these forms of gender-based violence represent a flagrant violation of human rights, as they affect the dignity, integrity, and freedom of individuals, causing a devastating impact on society as a whole.

Gender-based violence has a significant impact on the realization of fundamental human rights, affecting the ability of individuals, particularly women, to fully enjoy their rights. Those who experience gender-based violence face serious barriers to accessing justice, education, healthcare, and employment opportunities, which restricts their ability to effectively exercise their human rights.

Furthermore, gender-based violence negatively impacts both the physical and mental health of victims, undermining their well-being and quality of life. The psychological and emotional repercussions of gender-based violence can continue for long periods, complicating the full exercise of human rights related to health and well-being. Additionally, gender-based violence can limit the free movement of people, restricting their participation in public and community life.

Gender-based violence not only represents a direct violation of human rights but also has a significant impact on individuals' ability to fully exercise their fundamental rights, thus perpetuating gender inequality and discrimination in society.

Gender-based violence originates from a complex interaction of sociocultural and structural factors that maintain gender discrimination and inequality. Deep-rooted social norms that favor male dominance, female submission, and a tolerance of gender-based violence are factors that contribute to the continued existence of this phenomenon as a human rights violation.

Furthermore, lack of access to education, limited participation of women in decision-making, and the persistence of inflexible gender roles are factors that foster gender-based violence as a violation of fundamental human rights. Unequal access to economic resources and the wage gap between men and women also fuel women's vulnerability to gender-based violence. It is crucial to understand that gender-based violence is not an isolated phenomenon, but is rooted in unequal power structures and cultural patterns that disparage women and other marginalized groups. Adequately addressing gender-based violence as a human rights violation requires a comprehensive approach that challenges and transforms these deeply rooted structures and norms in society.

Confronting gender-based violence as a violation of fundamental human rights has led to the implementation of multiple legal frameworks and policies on a global scale. A notable example is the Convention on the Elimination of All Forms of Discrimination against Women, known as CEDAW, promoted by the United Nations. This convention urges nations to adopt measures to prevent and punish gender-based violence, as well as to ensure access to justice and assistance for victims. Similarly, the Declaration on the Elimination of Violence against Women, issued by the UN General Assembly, establishes that States have the responsibility to condemn and eradicate gender-based violence in all its forms. These international initiatives constitute an essential foundation for the development of national regulations and policies that treat gender-based violence as a violation of human rights.

In this context, many States have passed specific legislation aimed at preventing, punishing, and abolishing gender-based violence. These regulations frequently include clauses aimed at protecting victims, prosecuting perpetrators, and promoting gender equality. Furthermore, policies have been implemented to raise public awareness of this phenomenon, along with training programs for law enforcement professionals and those responsible for providing support to victims. Emphasis on international laws and policies is essential to addressing gender-based violence as a violation of human rights worldwide.

The protection of victims of gender-based violence is an essential component of human rights. Numerous entities, both national and international, have established specific programs and strategies to offer support to these affected individuals. Such programs may include the provision of safe shelters, psychological counseling, legal assistance, access to health services, and financial support. In addition, 24/7 helplines and care centers have been established to ensure that victims receive the immediate assistance they need. These actions are designed not only to protect victims of gender-based violence, but also to empower them to rebuild their lives and leave the aftermath of violence behind. It is essential that these programs and protection measures be adequately funded and that their implementation be coordinated with other human rights initiatives.

International collaboration and cooperation among organizations are fundamental aspects of the fight against gender-based violence from a human rights perspective. Due to the global nature of this problem, it is crucial that nations collaborate to share good practices, information, and experiences that help optimize policies and programs aimed at preventing and punishing gender-based violence. Likewise, cooperation between non-governmental organizations, United Nations entities, academic institutions, and civil society as a whole is essential to address the complexity of gender-based violence. This collaboration can be expressed through the implementation of joint projects, awareness-raising campaigns, the training of professionals, and the mobilization of resources to support victims. International cooperation and collaboration between institutions are vital to achieving significant progress in the defense of human rights in cases of gender-based violence.