The MINJUS hinders access to remedies for victims of sexual violence
Author (s): Silvia Romero Borda
is widely known that sexual violence as a recurring phenomenon during armed conflict scenarios was not outside our country during the period of political violence. During his tenure the Commission of Truth and Reconciliation Commission (TRC) acknowledged the existence of various forms of sexual violence (forced prostitution, forced marriage, sexual slavery, forced abortion, forced pregnancy, rape, forced marriage) covered by the Statute of the International Criminal Court. This so identified 538 cases of rape occurred during this period, a figure that at 31 January this year tripled according to the Register of Victims (UVR) [1].
why it has caused deep concern the recent report by the Ministry of Justice (No. 551-2010-JUS/AT) acting in an unfavorable light on Bill No. 2906/2008-CR, which proposes to amend the Law No. 28592, which creates Comprehensive Reparations Plan, to include other forms of sexual violence, other than the rape-as part of the damages to be repaired to the victims of political violence. This report argues that not provided for other forms of sexual violence under the legal framework of a crime against humanity, as envisaged at the International Criminal Court in our domestic legislation, it would be incorporating criminal conduct that our legislation does not, and notes that this could be understood as a "gap", "there would connectedness" (sic).
However, the above proposal for amending the law is positive [2], and has nothing to do with the prosecution process is underway, and stagnated for the past acquittals for military National Criminal Court, which, economically, is reversing Supreme Court Justice. The spirit of the rule was somehow compensate the damage suffered by victims of violence in our country in the period 1980-2000, and thus build bridges that could help rebuild the fractured social fabric (Conclusions - Final Report of the Commission of Truth and Reconciliation). Reparations to victims of gross human rights violations is an obligation of the State as reflected in various international treaties to which Peru is a party and which obliges it to adapt its domestic laws and not vice versa, as claimed by the Ministry of Justice.
"Principles and guidelines on the rights of victims of gross violations of international human rights and serious violations of international humanitarian law to a Remedy and Reparation approved by the United Nations in 2005 is clear in establishing the state's obligations for reparations to the victims [3] .
repair The Council took action on a comprehensive concept of sexual violence
The bill for consideration by the Ministry of Justice responds to a problem presented during the registration process victims in the National Register. Cases of sexual violence had not only restricted to acts of rape, but the many forms it can take. The Council therefore Repairs made internal changes in the procedures for registration in the UV, incorporating the forms of sexual violence recognized by the Statute of the International Criminal Court, as affected should also be taken into account to qualify for the victims.
However, it was noted that new forms of sexual violence had been incorporated for purposes of qualification and registration put aside other forms of sexual violence suffered by victims. This brought it in late 2010 a new amendment was made to expand the budget, so was included torture on sexual organs, forced nudity as a result of arbitrary detention, torture in pregnant women and attempt or threat of sexual violation - improper touching.
The last amendment adopted by the Council for Reparations, in December 2010, was the incorporation of sexual violence victims as beneficiaries of reparations in health, this being the only program of repairs that can be accessed. Definitely, given the serious cases of violence committed during the internal armed conflict, falls short of amending (Article 3) the law creating the Comprehensive Plan for Reparations.
So that Article states that "are people as victims or groups of persons who have suffered acts or omissions that violate human rights standards, such as forced disappearance, kidnapping, extrajudicial execution, murder, forced displacement, arbitrary detention, forced conscription, torture, rape or death ... during the period included in this law "(emphasis added).
words, the crimes listed there are merely declarative, and there are other crimes, which also violate human rights standards, produced within the statutory period that may be considered for repairs, as is the case of sexual violence all its forms.
Consequently, there is no lag or lack of connection between the definition provided by the Integral Plan of Reparations for the victims and the bill to also include those who have been victims of sexual violence other than rape. What exists is a lack of political will to repair a whole those who suffered these types of serious human rights violations based on "technical" issues, which is consistent with the policy adopted by this government stagnation in relation to processes prosecution and he wanted to settle with the enactment of Legislative Decree repealed 1097. And
the question is obvious, what good you have been qualified and registered as a victim if you will only receive a certificate that certifies you as such. Sexual violence is perhaps a minor fact, collateral damage or one of the most common serious human rights violations suffered by women and that is being repeated in each of the scenarios of conflict and war that have been around the world.
The Convention of Belém do Pará has argued that violence against women is not only a human rights violation, but is "an affront to human dignity and a manifestation of historically unequal power relations between women and men " that "transcends all sectors of society regardless of class, race / ethnicity, income, culture, educational level, age or religion and strikes at its very foundations" [4].
American Court of Human Rights, following the international law and taking into account the provisions of the American Convention on Human Rights, has argued that sexual violence is configured with actions of a sexual nature committed against a person without their consent, also to understand the physical invasion of the human body, may include acts which do not involve penetration or even physical contact [5]. Only amending
Article 3 of the Act establishing the Comprehensive Reparations Plan will allow victims who suffered sexual violence, other than the traditional concept of sexual violation, recorded in the UV-and that up to January 31, 2011, after progress in the UV and add 347 people [6] - can access the programs that the law provides for compensation and who have been waiting over twenty years to be compensated. Is it the Ministry of Justice, which last longer than waiting for victims?
------------------------------------------------
-------------------------------- [1] According to the Register of Victims at 31 January, 2011, 1555 are victims of rape and 357 cases in the rating process.
[2] See also the opinions of the Ombudsman and the Ministry of Women and Social Development in this regard.
[3] See: http://www2.ohchr.org/spanish/law/reparaciones.htm
[4] Convention on the Prevention, Punishment and Eradication of Violence against Women. Preamble.
[5] Case of the Miguel Castro Castro vs. Peru. Reparations and Costs. Judgement of November 25, 2006. Series C No. 160, para.
306 [6] According to the Register of Victims to January 31, 2011, 127 others are in the process of qualification.
http://www.justiciaviva.org.pe/notihome/notihome01.php?noti=476
Author (s): Silvia Romero Borda
is widely known that sexual violence as a recurring phenomenon during armed conflict scenarios was not outside our country during the period of political violence. During his tenure the Commission of Truth and Reconciliation Commission (TRC) acknowledged the existence of various forms of sexual violence (forced prostitution, forced marriage, sexual slavery, forced abortion, forced pregnancy, rape, forced marriage) covered by the Statute of the International Criminal Court. This so identified 538 cases of rape occurred during this period, a figure that at 31 January this year tripled according to the Register of Victims (UVR) [1].
why it has caused deep concern the recent report by the Ministry of Justice (No. 551-2010-JUS/AT) acting in an unfavorable light on Bill No. 2906/2008-CR, which proposes to amend the Law No. 28592, which creates Comprehensive Reparations Plan, to include other forms of sexual violence, other than the rape-as part of the damages to be repaired to the victims of political violence. This report argues that not provided for other forms of sexual violence under the legal framework of a crime against humanity, as envisaged at the International Criminal Court in our domestic legislation, it would be incorporating criminal conduct that our legislation does not, and notes that this could be understood as a "gap", "there would connectedness" (sic).
However, the above proposal for amending the law is positive [2], and has nothing to do with the prosecution process is underway, and stagnated for the past acquittals for military National Criminal Court, which, economically, is reversing Supreme Court Justice. The spirit of the rule was somehow compensate the damage suffered by victims of violence in our country in the period 1980-2000, and thus build bridges that could help rebuild the fractured social fabric (Conclusions - Final Report of the Commission of Truth and Reconciliation). Reparations to victims of gross human rights violations is an obligation of the State as reflected in various international treaties to which Peru is a party and which obliges it to adapt its domestic laws and not vice versa, as claimed by the Ministry of Justice.
"Principles and guidelines on the rights of victims of gross violations of international human rights and serious violations of international humanitarian law to a Remedy and Reparation approved by the United Nations in 2005 is clear in establishing the state's obligations for reparations to the victims [3] .
repair The Council took action on a comprehensive concept of sexual violence
The bill for consideration by the Ministry of Justice responds to a problem presented during the registration process victims in the National Register. Cases of sexual violence had not only restricted to acts of rape, but the many forms it can take. The Council therefore Repairs made internal changes in the procedures for registration in the UV, incorporating the forms of sexual violence recognized by the Statute of the International Criminal Court, as affected should also be taken into account to qualify for the victims.
However, it was noted that new forms of sexual violence had been incorporated for purposes of qualification and registration put aside other forms of sexual violence suffered by victims. This brought it in late 2010 a new amendment was made to expand the budget, so was included torture on sexual organs, forced nudity as a result of arbitrary detention, torture in pregnant women and attempt or threat of sexual violation - improper touching.
The last amendment adopted by the Council for Reparations, in December 2010, was the incorporation of sexual violence victims as beneficiaries of reparations in health, this being the only program of repairs that can be accessed. Definitely, given the serious cases of violence committed during the internal armed conflict, falls short of amending (Article 3) the law creating the Comprehensive Plan for Reparations.
So that Article states that "are people as victims or groups of persons who have suffered acts or omissions that violate human rights standards, such as forced disappearance, kidnapping, extrajudicial execution, murder, forced displacement, arbitrary detention, forced conscription, torture, rape or death ... during the period included in this law "(emphasis added).
words, the crimes listed there are merely declarative, and there are other crimes, which also violate human rights standards, produced within the statutory period that may be considered for repairs, as is the case of sexual violence all its forms.
Consequently, there is no lag or lack of connection between the definition provided by the Integral Plan of Reparations for the victims and the bill to also include those who have been victims of sexual violence other than rape. What exists is a lack of political will to repair a whole those who suffered these types of serious human rights violations based on "technical" issues, which is consistent with the policy adopted by this government stagnation in relation to processes prosecution and he wanted to settle with the enactment of Legislative Decree repealed 1097. And
the question is obvious, what good you have been qualified and registered as a victim if you will only receive a certificate that certifies you as such. Sexual violence is perhaps a minor fact, collateral damage or one of the most common serious human rights violations suffered by women and that is being repeated in each of the scenarios of conflict and war that have been around the world.
The Convention of Belém do Pará has argued that violence against women is not only a human rights violation, but is "an affront to human dignity and a manifestation of historically unequal power relations between women and men " that "transcends all sectors of society regardless of class, race / ethnicity, income, culture, educational level, age or religion and strikes at its very foundations" [4].
American Court of Human Rights, following the international law and taking into account the provisions of the American Convention on Human Rights, has argued that sexual violence is configured with actions of a sexual nature committed against a person without their consent, also to understand the physical invasion of the human body, may include acts which do not involve penetration or even physical contact [5]. Only amending
Article 3 of the Act establishing the Comprehensive Reparations Plan will allow victims who suffered sexual violence, other than the traditional concept of sexual violation, recorded in the UV-and that up to January 31, 2011, after progress in the UV and add 347 people [6] - can access the programs that the law provides for compensation and who have been waiting over twenty years to be compensated. Is it the Ministry of Justice, which last longer than waiting for victims?
------------------------------------------------
-------------------------------- [1] According to the Register of Victims at 31 January, 2011, 1555 are victims of rape and 357 cases in the rating process.
[2] See also the opinions of the Ombudsman and the Ministry of Women and Social Development in this regard.
[3] See: http://www2.ohchr.org/spanish/law/reparaciones.htm
[4] Convention on the Prevention, Punishment and Eradication of Violence against Women. Preamble.
[5] Case of the Miguel Castro Castro vs. Peru. Reparations and Costs. Judgement of November 25, 2006. Series C No. 160, para.
306 [6] According to the Register of Victims to January 31, 2011, 127 others are in the process of qualification.
http://www.justiciaviva.org.pe/notihome/notihome01.php?noti=476
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