rights advocates have an important role to play in raising such awareness and in educating legal and
judicial officers in the course of litigating sexual violence.
Wide and varied strategies could be employed with different degrees of success in pursuit of the
overall goal of justice to victims or survivors of sexual violence. A criminal prosecution could
potentially hold the perpetrator accountable for sexual violence. However, criminal prosecution
makes the victim or the survivor a witness to the often lengthy legal drama between the State and
the perpetrator and has no or a limited (in civil legal systems) role to play as a witness in the
process. A civil suit too may take a long time but the victim may end up being compensated for the
harm she suffered and therefore may feel vindicated sooner than in a criminal process.
In any litigation strategies that the rights advocate employs, using decisions of the international
human rights treaty bodies or jurisprudence of the international courts and tribunals may
strengthen the case and drive home the point of sexual violence as an important breach of basic
and fundamental rights. Additionally, it may also educate about the State’s non-compliance with its
international obligations and may hold the State accountable for failure to exercise due diligence.
That sexual violence can also amount to torture is another important lesson that judicial officers in
national legal systems need to learn from the international human rights standards and apply to
cases before them.
Women and human rights advocates in Africa and elsewhere are already engaged in the strategies
discussed in this Manual individually or separately. Putting it all together in one document helps
give a broad sense of all the available strategies and the potential and limitations of each one of
them, thereby helping decide which are best suited for a case or a situation at hand. In the course
of doing so, the key decisions and judgments referred to highlight the developments made in
international law on justice for sexual violence. Appropriate, adequate, accurate and complete
documentation and evidence are important to fully explore all available domestic remedies and
eventually to access regional and international mechanisms. Finally, advocacy and campaigns have
tremendous potential to bring developments in international law to bear in national laws and
policies to redress sexual violence. For ultimately, it is the easy access to justice and possibility of
effective remedy at the local and national level that victims and survivors need to ensure justice
and accountability for sexual violence.
REDRESS | CONCLUSION
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