Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

4 PRACTITIONERS GUIDE No. 12
the term “victim” is seen as implying passivity and acceptance
of the violation. However, sometimes both terms are seen as
appropriate –“survivor” celebrates the individual, but “victim”
recognises the enormity of the system of gender-based
discrimination that women and girls face. 8
Women and girls
In this document, the term “women” should be read as also
including girls under the age of 18. This practice is used in
international human rights law, for example as in Article 3(f) of
the Council of Europe Convention on Preventing and Combating
Violence against Women and Domestic Violence (the Istanbul
Convention). Where there are specific standards relating to
children under 18, the terms “girl” and “adolescent girl” are
used.
Are women “vulnerable” or are they targeted because of
their identity as women?
In her report on women in the criminal justice system - as legal
professionals, victims, witnesses or offenders – the Special
Rapporteur on the independence of judges and lawyers noted
that: “Women are not intrinsically vulnerable: it is their
particular individual situation, coupled with pervasive societal
gender-based discrimination, that facilitates their being
threatened and targeted by violence”. 9
8
Rahila Gupta, “'Victim' vs 'Survivor': feminism and language”, Open
Democracy, 16 June 2014, URL:
https://www.opendemocracy.net/5050/rahila-gupta/victim-vssurvivor-feminism-and-language.
9
Special Rapporteur on the independence of judges and lawyers,
“Gender in the criminal justice system: the role of judges and
lawyers”, UN Doc A/66/289 (2011), paragraph 71.