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

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WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 85
combatants, as part of organized civil society, human rights
defenders, members of resistance movements and/or as active
agents in both formal and informal peace-building and recovery
processes, including as protestors. 216 They may also be subject
to violence in their homes and families, as domestic violence
tends to rise during and after conflict. 217
Women may also be forced, through being subject to genderbased
violence such as rape and sexual violence, to participate
in armed forces or armed non-State groups and the roles they
are required to fulfil can constitute violations of international
humanitarian and criminal law. As combatants, they are often
subjected to forced contraception and abortion. 218 According to
the Optional Protocol to the Convention on the Rights of the
Child, no child under 18 should participate in hostilities.
Civilian women frequently face sexual and gender-based
violence, unlawful killing and enforced disappearance of
216
CEDAW General Recommendation No 30, “Women in conflict
prevention, conflict and post-conflict situations”, UN Doc
CEDAW/C/GC/30 (2013), paragraph 6.
217
Report of the Special Rapporteur on violence against women, its
causes and consequences, UN Doc E/CN.4/2001/73 (2001), paragraph
57: “Evidence from around the world seems to suggest that armed
conflict in a region leads to an increased tolerance of violence in the
society. A growing body of evidence indicates that the militarization
process, including the ready availability of small weapons, that occurs
leading up to and during conflicts, as well as the process of
demobilization of often frustrated and aggressive soldiers after a
conflict, may also result in increased violence against women and girls.
When a peace agreement has been reached and the conflict brought to
an end, women often face an escalation in certain gender-based
violence, including domestic violence, rape, and trafficking into forced
prostitution. The correlation between domestic violence and violence
during war has concerned many scholars and activists in conflictridden
areas. […] Unfortunately many of the peace agreements and
the processes of reconstruction after the conflict do not take note of
these considerations.”
218
Report of the Special Rapporteur on violence against women, its
causes and consequences, “Mission to Colombia”, UN Doc
E/CN.4/2002/83/Add.1 (2002), paragraphs 47-58.