The post-COVID-19 pandemic era has witnessed immense improvement in several fields; however, gender-based violence (GBV) in Latin America has been on a rampant increase. The following facets have contributed to GBV, more specifically in nations like Brazil, El Salvador, Peru and Honduras, which include excessive use of alcohol, drugs and psychotropic substances, lack of support for women, financial dependency of women on men due to gender pay gap and implementation of neoliberal policies by governments leading to lesser income, and unequal financial opportunities for women.
Moreover, in regions such as Mexico-US Border, women are forced to work in drug cartels which makes them soft targets for GBV, including femicide, sexual violence and threats. Furthermore, this severely impacts their mental health and can lead to mental distress, acute anxiety and panic attacks. Dependency on a man for financial resources abates the chances of women reporting incidents of GBV. On average, in Latin America, women earn less than 17% an hour in comparison to men. There is also an increasing lack of support for women, especially with regard to the judicial system and the process of reporting a case.
The causes of GBV are like a weed- they regrow even if a tiny bundle of the root is left behind. The main cause of GBV is socio-ideologically orthodox norms and preconceived notions regarding a woman’s role in society. As a matter of fact, isolation, sequestration and desolation from the public due to COVID-19 made women even more vulnerable to GBV, as did the increased availability of drugs. Corruption in the government, including clientelism and cronyism, prevents women from reporting cases of GBV, letting culprits roam around freely and acquitted. According to the World Health Organisation, Brazil ranks fifth globally with respect to femicides. On average, approximately 10 to 15 women are killed on a daily basis there. In Peru, the penal system prefers conciliation of perpetrators of GBV over punishment, with the penalty ranging from only one month to six years, with the average punishment in Latin America being twenty-five years in prison. Women in El Salvador earn a mere 61% in comparison to their male equivalents. In January 2022, UN Women estimated that over 90% of femicides in Honduras remain unpunished.
Now, the situation of women in Colombia has significantly improved over the years, which is why nations all over the world should use this Latin-American Nation as a case study for legal and judicial reforms, and action that must be taken to combat GBV. Let me articulate why.
Colombia has continuously worked towards the cerebral, social, political and economic welfare of women, and will continue to thrive for the same in the future. This is evident from the fact that Colombia rose from 40th out of 149 countries in 2018 to 22nd out of 153 countries in 2020 in the World Economic Forum’s Global Gender Gap Index. Colombia has ratified several international women’s rights treaties and incorporated them as part of their national law, the Convention for the Elimination of All Forms of Discrimination against Women and the Inter-American Agreement to Prevent, Sanction and Eradicate Violence Against Women.
Article 43 of the Colombian Constitution clearly states that men and women have equal rights and that women cannot be subjected to any form of discrimination. Article 53 guarantees the protection of women, mothers and minor-age workers. Article 49 grants all citizens equal access to healthcare.
With respect to political rights, women have the right to vote, hold public offices and government positions, to bodily integrity and autonomy, to receive an education and to equal pay. As per Law 581 of 2000 (the ‘Quota Law’), women candidates must comprise at least 30% of party electoral lists. National Policy on Gender Equality (CONPES 161) is a comprehensive plan that aims to guarantee women’s equality across all levels of government and throughout the country. In 2022, the newly formed government also included Francia Márquez, the country’s first Afro-Colombian Vice President. Women now have proportional representation in the parliament, holding 29.6% of total seats in the upper house and 28.9% of total seats in the lower house, which is a significant increase. A feminist party, known as Estamos Listos, also contested elections for the first time, garnering over an amusing 100,000 votes.
Colombia has reached several milestones in the healthcare field, prioritising women, over the past few years. In 2022, Colombia legalised abortion for women during the first 24 weeks of pregnancy. Colombia has also commenced the imposition of stringent laws and scrupulous scrutiny on those who murder women and girls (femicide), including longer sentences (20-50 years in prison) for perpetrators of sexual, physical and psychological violence. As per Law 1257, the Ministry of Health provides shelters for victims of GBV which includes housing, transportation, food support and job opportunities. Law 1719, furthermore, ensures that victims and survivors of sexual violence have access to justice. Young women and girls have increased access to education, which would eventually reduce their dependency on men for financial resources.
GBV must be combatted. For this, the following is necessary. Firstly, nations should work towards decreasing the illicit transportation of drugs, counterfeit medicine, psychotropic substances and other narcotics. All nations, especially Least Developed Countries (LDCs), in Latin America should work towards eradicating illicit drug transportation over a set time period (which would vary from country to country, depending on the extent of the underground economy and the spread of drug cartels) for which funds must be allocated. All naval and aerial ports in countries which are hotspots for drug trafficking must be put under supervision. High- quality security surveillance must be implemented between the borders of nations. A team of technological experts, police forces and doctors working with the United Nations Office on Drugs and Crime with the consent of the respective nations should be sent to conflict zones to help control drug trafficking in the country.
Secondly, Latin-American nations should set up an international forum for the prevention of and combating sexual exploitation of girls and women, in tandem with UN Sustainable Development Goal 5, which aims to ‘achieve gender equality and empower all women and girls’. This would be done by allocating funds for rehabilitation and provision of psychological assistance to victims of human trafficking and exploitation and ensuring that proper medical treatment is imparted to such victims, especially for the treatment of STDs. Nations should include age-appropriate, evidence-based education on empowering women and combatting GBV as part of national curricula and spread awareness through campaigns, thereby promoting cerebral liberty. Each nation should ensure that their respective legal and judicial systems are victim-centred and heavily penalise all offenders. Around-the-clock service hotlines and help desks for women must be established on a priority basis and reintegration programmes for victims and also providing them with counselling and therapy sessions must be developed.
Thirdly, there is an exigent need for proportional representation of women in the business sector and administrative, executive, judicial and legislative bodies of the Government, for which nations having less than 8-10% female representation in the upper and lower houses of Parliament each, must include in their policies a Reservation Bill for women effective for ten years. The Governments will ratify the Bill to the following effect- the reservation percentage must be calculated with respect to the population, sex ratio and existing involvement of women in each respective country. The Bill, however, must not have less than double the existing percentage of women in the Parliament.
Lastly, nations are recommended to implement legislative and judicial reforms which work strenuously to combat GBV in their country. For this, specific laws must be developed that impose stricter punishment for GBV, including increasing sentence punishment period. Nations must also exact legislative laws allowing for the issuance of protection and restraining orders to provide immediate protection to GBV-survivors against perpetrators. Comprehensive laws must be defined that clearly establish and articulate the boundaries and definitions of terms like GBV, assault and honour killings. Cybercrime units must be established with the predominant aim of combatting cyberstalking and online GBV.
In conclusion, the fact of the matter is that we do not live in a quixotic, ‘fairy-tale’ world. Crimes are committed and stringent action needs to be taken to palliate them. However, the actual culprit is not solely responsible. Bystanders, corrupt officials, society and even we as individuals, are responsible. Every passing comment we make, every improper mindset we ignore, every orthodox idea we promote, engenders such crimes and supports the mindset of such ravenous criminals.
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