Publication date: 06.06.2024
Lawyer
Legal mechanisms for the protection of the rights of women who suffered from sexual violence during the war
International legal norms
International humanitarian law
International humanitarian law, including the Geneva Conventions and their Additional Protocols, prohibits sexual violence during armed conflicts. These documents oblige states to ensure the protection of women from all forms of violence, including sexual. Participating states are obliged to investigate such crimes and bring the perpetrators to justice.
International criminal law
The International Criminal Court (ICC) also has jurisdiction over war crimes of sexual violence. The Rome Statute of the ICC classifies sexual violence as a war crime, a crime against humanity and an act of genocide, which provides for severe punishment for the perpetrators.
National legislation
National legislation should include provisions in line with international standards for the protection of the rights of women who have suffered sexual violence during wartime. The Constitution of Ukraine and the Criminal Code of Ukraine provide for liability for sexual crimes, including rape and other forms of sexual violence. Also important are laws that protect the rights of victims, including the right to medical and psychological assistance, as well as the right to a fair trial.
Consultation of a lawyer
Legal advice is essential for women who have suffered sexual violence during war. The lawyer provides advice on legal mechanisms of protection, helps to understand the rights of the victim, and also provides support in the process of submitting an application to law enforcement agencies and the court. A lawyer's consultation also includes explaining the procedures for gathering evidence and preparing documents.
Analysis of documents
The analysis of documents is a key stage in the process of protecting the rights of women who have suffered from sexual violence. The lawyer carefully studies all available evidence, including medical certificates, eyewitness accounts, photo and video materials. This helps to form a legal position and ensure an adequate level of preparation for the trial. Document analysis also includes checking the compliance of the collected evidence with the requirements of national and international law.
Legal opinion
The legal opinion is drawn up on the basis of the analysis of documents and consultations with specialists. It contains an assessment of the legality of the actions of the parties, recommendations on further legal steps, as well as possible legal ways to protect the interests of the victim. A legal opinion is an important tool for making decisions about filing lawsuits, complaints to international bodies or appeals to human rights organizations.
Legal opinion of the lawyer
The lawyer's legal opinion is a document that confirms the legal validity of the victim's actions and claims. The lawyer analyzes the legal aspects of the case, provides recommendations on protecting the rights of the victim in court, and also develops a strategy for conducting the case. The lawyer's legal opinion may also contain suggestions for improving legal regulation in the field of protection of women's rights.
Challenges and recommendations
Ensuring access to justice
One of the main challenges is ensuring access to justice for affected women. This includes ensuring their right to an application, an effective investigation and a fair trial. Lawyers recommend improving legal procedures, providing specialized training for investigators and judges, and introducing witness protection mechanisms.
Medical and psychological assistance
Women who have suffered from sexual violence have the right to receive medical and psychological assistance. Legal mechanisms should include ensuring access to such services, as well as protecting the right to confidentiality of medical information.
