Discrimination and sexual violence against women and girls in conflict-related settings. An approach to the colombian case from the concluding observations of the CEDAW Committee

Abstract

The concluding observations issuance by the Committee on the Elimination of All Forms of Discrimination against Women is arguably the single most important activity of this human rights treaty body. It provides an opportunity to deliver a comprehensive overview of the status of human rights protection for women in a state party and the submission of forms of guidance that can stimulate systemic advancement. Although the Committee recognizes and welcomes the efforts of Colombia in undertaking legislative reforms in the health, education, and service sectors to eradicate discriminatory gender stereotypes, access for women to justice, especially in cases of sexual and domestic violence, guarantees for participation in political and public life, and other actions for the fulfillment of their rights, there are still serious concerns about gross human rights violations taking place in the country; one the most complex issue is sexual violence in the context of the armed conflict as many non-state actors are still using these brutal practices to achieve military purposes and as spoils of war.  This paper aims to analyze the causes of conflict-related sexual violence, how they constitute a form of prejudice and the intersectionality of this phenomenon with other forms of discrimination against women. Finally, it introduces some recommendations on additional related issues that seem to have been omitted by the Committee, even though they constitute severe breaches of the obligations and duties of the government under international law.