Honor Killings: The Case of Israa Ghrayeb

Image showing Israa Ghrayeb, a Palestinian woman who was the victim of an honor killing.
Israa Ghrayeb. Source: Yahoo Images, Creative Commons.

In early August, Israa Ghrayeb, a 21-year-old Palestinian woman, went out with her soon-to-be fiancé on a chaperoned date. As all couples often do, Israa and her fiancé posted a video of their time together on social media. This innocent, loving video would soon incriminate Israa; after seeing the video, three male members of her family were angered, claiming that she had dishonored the family by appearing in public with a man who was not yet her husband. A few days later, these relatives physically attacked Israa, and due to her injuries resulting from this attack, she was hospitalized. Shortly after her hospitalization, a video filmed outside of Israa’s hospital room circulated online, in which Israa’s screams and intermittent thuds can be audibly heard; she was being beaten again. Israa died a day later. However, it is unfair to merely state that she died; Israa was murdered, the victim of an honor killing.

What are Honor Killings?

Honor killings and crimes are committed against a family member who is deemed to have acted socially or culturally unacceptably, and thus is seen to be bringing dishonor to the family. These are almost always carried out by male relatives, and the victim is almost always a woman; 93 percent of honor killing victims are women. According to the United Nations, 5,000 women and girls are victims of honor killings every year. Thus, while males are sometimes victims of honor killings as well, the following discourse pertaining to honor killings will focus solely on female victims.

What’s to Blame?

It is important to begin by noting that honor killings are strictly rooted in culture. Because honor killings are largely carried out in the Middle East/North Africa regions and South Asia, which are Muslim majority areas, Islam is often blamed for encouraging this practice. However, Islam cannot be identified as the culprit in these situations, as it strictly opposes such treatment of women. Further, women being murdered by male relatives or partners is not exclusive to Muslim majority countries; in France, 120 women were killed by their partners in 2018. Considering this is a phenomenon that is not restricted to one culture or region, the culprit is something that is shared across most societies of the world: misogyny, or prejudice against women. Most societies are still largely patriarchal, and thus have problems with women’s rights. While this is the case, many men within these societies are aware of the injustices women face and advocate for change, so it would be unfair to label all men as misogynistic. At the same time, though, many other men do ascribe to misogynistic ideologies, and often times, they act upon them. Honor killings are a blatant example of this; when males believe that their honor is tied to the behavior of the women in their lives, it is clear that misogyny is to blame. Further, to kill a girl in “honor” is to suggest that the girl is not her own person, but rather an object that is owned, emphasizing the misogyny underlying honor killings.

Holding Perpetrators Accountable

After Israa’s murder, both men and women in the West Bank held protests, calling on the Palestinian Authority to take action against the relatives responsible, and through the use of social media, large segments of the Arab population joined in protesting her murder as well. Due to these national and international pressures, the Palestinian Authority pursued the matter closely, and three of Israa’s relatives were detained and will be charged for her murder. However, it is unclear whether or not these men will truly suffer the consequences of their actions; often times, perpetrators are not held accountable for this crime at all. Furthermore, even when they are sentenced for committing honor crimes, they are often released after serving only a few months. Experts argue that this is why honor killings remain prevalent; when the justice system does not adequately address this issue, future perpetrators are not deterred. This is abundantly clear considering that although Palestinian President Mahmoud Abbas made changes to legislation to protect women from honor killings, the number of women who are victims of this crime has continuously risen; in 2012 there were 13 murders, but the number of murders increased to 28 in 2014 and 27 in 2018. Thus, it is evident that legislation passed without proper enforcement is wholly ineffective.

Image showing men and women protesting honor killings.
A protest against honor killings. Nora B., Creative Commons.

Moving Forward

“The devil is not in the body of women; it is in your mind,” a powerful statement that was displayed on a sign of one of the protestors, is a fundamental notion that must be understood. The ideas that women are inherently inferior, and that women’s bodies are for men to control, are ideas that must be eradicated from our cultures and from predominant male thinking. To do this, certain steps must be taken. First, there needs to be a cultural upheaval involving both men and women to put an end to misogynistic belief systems. This is an effort that begins at a very grassroot level, and starts with changing mentalities of future generations; when boys and girls are raised the same, when boys are taught to respect and value women, when girls are empowered and are made to believe that they are not subservient or inferior to men, we slowly move towards making misogynistic ideologies obsolete. It is important to note this is not an effort that must only be undertaken by communities in the Arab world, but rather is an effort that should be undertaken by communities world-wide. Second, laws need to be put into place to hold men accountable for their abuse of women. It is insufficient to merely pass laws without also enforcing them, as men will believe that they can get away with their crimes without suffering any consequences.

Until the aforementioned changes are made within these societies, it is unlikely that any progress will be made. However, this is not an option; these societies were complicit in the deaths of many women and girls, including Israa. While they cannot bring back the lives that were taken, they must make these changes to ensure no more lives are taken in the name of “honor.”

 

Gender Based Violence

by Grace Ndanu

A photo of a woman crying. Her face is bruised.
Source: UN Assistance Mission in Afghanistan, Creative Commons

It is believed that Gender Based Violence existed from long time ago as a result of male dominance and power, meaning women were left inferior. Generally GBV stops girls from reaching their potential, where by there is a lot of working to transform attitudes towards girls and women that perpetuate violence against them. That is why women are trying to negotiate with the men that they can be equal, but men want to maintain their dominance, which causes an increase in GBV cases.

GBV occurs almost everywhere now, and the girls and women are the victims. Stating at home, children’s vulnerabilities to violence stem from the fact that they depend on their parents or caregivers for their development health and wellbeing. Girls and young women often experience violence at home, from physical punishment to sexual, emotional or psychological violence. Acceptance of violence as a private affair often prevents others from intervening and prohibits girls and young women from reporting in the name of keeping the family name clean.

In primary and high school the violence rate is low unlike in the college and universities. This is because there are strict rules and supervision, which is not the case in colleges and universities around the world. While in college a girl is considered to be an adult. Also, her parents are far away, so anyone she has the freedom to do whatever she wants, including engage in sexual relationships. In these relationships the boys often want to take charge of girl’s life. At this point most of the girls already know their rights and hence they will never accept to be dominated. Unfortunately, this makes them vulnerable to gender based violence because the boys will still fight to maintain the “man’s “position in a girl’s life.

In the work place the top positions are designed for men, including the managers, directors and supervisors, while women are secretaries and cleaners. Gender based violence is likely in situations where a qualified female is expected to perform sexual favors to management in order to get a promotion.

Gender based virulence is also a rising issue in online spaces with girls and young women reporting harassment and abuse. For many girls, there is a pressure to leave online platforms. I am opposed to this because these are the places where most girls and young women get to know their capabilities and strengths through interaction with different types of people. But girls need to be careful in these spaces.

Gender based violence occurs in all parts of the world, but the risk is higher where violence is normalized and where rigid concepts of gender exist. In many cultures, especially the developing countries, violence towards girls and young women is accepted as a social norm. Here comes a saying of an African woman who is strongly tied to culture “a husband who does not beat his wife does not love her”. And the woman herself will ask her husband to beat her. This must be challenged as a matter of urgency, the blame, shame and stigma faced by victims must be eliminated.

Violence should never be a private matter and everyone should be aware of this starting from the youngest to the oldest. So that it can be challenged. Ending GBV will involve action at all levels; strengthening legislation and criminalizing the violence, challenging social norms that condone violence and prosecuting the perpetrators.

Children should learn about gender equality at school, just as it is important to promote integrational dialogue on violence against children. Community dialogue can challenge dominance that brings about gender based violence.

Everybody has a responsibility to promote and strengthen values that support nonviolent, respectful, positive gender equitable relationships for all children and adolescents, including the most vulnerable and excluded.

Young girls and women are encouraged to speak up about the issues they face which embolden them to speak up for change. On the other side young men are encouraged to identity and challenge harmful and negative masculinities that perpetuate discrimination and violence.

On Early and Forced Marriage

by Grace Ndanu

a wedding dress on a mannequin
Where stylish manikins pose mute and chic. Source: sagesolar, Creative Commons

Most people dream of choosing their life partner. Their marriage would be one of independent and happy life. This is not the reality for many young girls who become child brides.  Early and/or forced marriage is most practiced in Sab-Saharan Africa; it is also common in the Maasai community. The Maasai, despite their poverty, have proudly maintained their traditional lifestyle and cultural identity without giving to the pressures of the modern world. The community is under a patriarchal leadership which denies young girls an opportunity to go to school. Education is withheld from girls because it is believed that educating a girl child is not a wise investment because the girl will marry into another family. Therefore, the father of the girl will opt to educate a boy.

Maasai girls are circumcised between 11 and 13. In time, she will marry a man chosen by her father in exchange for cattle and money. A Maasai woman will never be allowed to marry again. As a young girl, she will have her personal autonomy denied. If her husband is an old man who dies when she is still in her teens, she will become the property of one of her husbands’ brothers. She will be one of the multiple wives and will have many children, regardless of her health or ability to provide for them. She will rise early every day to complete her tasks including milking the cows, walking miles to water holes to wash clothes and get water, and gathering heavy loads of firewood to carry back home. If she is lucky, she will have a donkey to share her burden. She will live a life of few comforts, dependent on a husband and a family she did not choose. In between her burdensome chores of the day, the Maasai girl is also a beader – such intangible high skills built into her cultural knowledge and practices. Most of her struggles are shaped by circumstances and the challenges of her time including deep-seated patriarchal attitude.

There are several reasons for forced marriage among the Maasai. First, a desire to ‘eliminate’ the familial poverty. For impoverished families giving a daughter in marriage is a way to reduce expenses particularly if a son’s education and expenses are prioritized. Second, early pregnancies drive toward early marriage as it is seen as a safeguard against immoral behavior. Parents in the Maasai community marry off pregnant girls to protect their family status and name and to receive both dowry and ‘penalty’ payment from the man responsible for the pregnancy. Third, many early marriages occur out of desperation as a young girl seeks ‘refuge’ from neglect or orphanhood. Some girls are taken advantaged by older men who give them false promises of a better life. Girls face a lot of problems and challenges if/when she does not meet the expectations, thus creating a journey towards poverty and gender-based violence begins.

The struggle to end the practice of early marriage in Kenya, particularly among the Maasai, has slowly progressed. There are NGOs that have come seeking to eradicate early child marriages. They work together with the government to help the young girls get out of the retrogressive cultural practices by empowering the girls and enlightening the parents on matters about the education of their girls. The NGOs try to educate the girl child on her rights.

By understanding her personal rights, the goal is self-confidence and independence, and a willingness to advocate and fight for herself and for others. She will be able to choose whom to marry and when to marry. She will have fewer children. They will be healthier and better educated than the previous generation. She will not circumcise her daughters. She will have economic security. Education will enable the girl to help and support her parents, and she will never forget where she came from. Education is the key to success; it is the key to freedom.

 

Toward the Understanding and Eradication of Female Genital Mutilation (FGM)

The conversation around reproductive and sexual rights and the bodily autonomy of women generally consists of access to abortion, birth control, and intimate partner and sexual violence. FGM is a patriarchal cultural practice rooted in the cutting away of the female body with the suppression of emotion, which at its core, is a denial of personhood. For more than 200 million girls and women, the violation of their body occurred when they could not advocate for themselves. For these girls/women, it is as if all the entities in her world are conspiring against her current and future life. Although Grace details the practice of female genital mutilation (FGM) in Kenya in this blog, the violation has increased in the US since 1990. The global conversation on FGM has been spurred by young women and girls willing to risk social exclusion in the pursuit of eradicating gender-based violence. – AR (**Trigger warning)

by Grace Ndanu

a young Maasai girl warrior
Maasai Girl. Source: Donald Macauley, Creative Commons

The development of women has been low for a very long time in my country of Kenya because of some retrogressive cultures that include FGM, early marriages, and wife inheritance. For this blog, I will major on FGM within the community I am most familiar with: the Masai. 

The practice of FGM is rooted in gender inequality. Women will never have a say on the issues surrounding their daughters; this means that the men are the ones to control women’s sexuality, and ideas about purity, modesty, and purity. Although women do not have a say on their daughter issues, they are the ones to perform the act; this is seen as an honour. The act of cutting one’s daughter is both an honour and a fear. The fear lies in the inevitable social exclusion if the cutting does not occur. The procedure is done in three ways: partial or total removal of the clitoris, the complete or partial removal of the inner labia with or without removal of the clitoral organ and outer labia, or the removal of the external genitalia and fusion of the wound. The inner and/or outer labia are cut away with or without removal of the clitoral organ.

The cutters use non-sterile devices which may lead to contracting diseases such as HIV. The devices include knives, razors, scissors, glass, fingernails, or sharpened rocks. There are adverse health effects depending on the type of procedure. The effects include infections, difficulty in urinating and passing menstrual flow, chronic pain, development of cysts, complications during childbirth and fatal bleeding.

Female circumcision lowers girls self-esteem and confidence. When they undergo the practice, they must stay at home for them to heal which means, particularly for in a school, they miss a lot of their lessons. For those who have never been to school are at risk of being married at an early age, maybe 12, to an older man.

There have been efforts in fighting FGM because there are no known health benefits instead the effects known are negative. A number of NGOs, including the Cara Girls Rescue Center under the Cara Project, are helping to mitigate the practice. The Cara Center takes in girls who are at risk of going through the painful process and also the ones who are already circumcised. They ensure the girls’ safety and security. If the girl has not yet gone through the process, she is welcomed in the center and immediately start the counseling process. Additionally, she will begin schooling – some of them may not have gone to school at all. For those already violated, they are immediately taken to the Gender Violence Recovery Center under the Nairobi Women’s Hospital for medication where they are admitted and receive counseling. At the same time, both the parents and the cutters are arrested. They must present to court when they are summoned and given a warning that if it has ever happened again, they will be jailed.

The rescued girls and warned parents receive an education about the human and reproductive rights of girls and women. It is with this new knowledge that they understand their personal/familial and communal rights better. Learning has created awareness and advocacy throughout the Masai community [and in other African countries and throughout the world]. There has been the development of a zero-tolerance attitude on FGM matters that extends to many of them becoming rescuers of girls before they are circumcised. 

 

WILL MY STORY AND HOW AM PLANNING TO HELP THOSE WITH THE SAME PROBLEM EVER RULE THE WORLD?

by Grace Ndanu

Over spring break 2019, UAB students traveled to Kenya with Dr. Stacy Moak, Professor of Social Work, and Dr. Tina Kempin Reuter, Director of the UAB Institute for Human Rights. They visited CARA Girls Rescue Center where they met Grace, a student and former resident at CARA [she is behind the lady in the orange dress]. Below is Grace’s narrative which includes sexual violence. 

Photo by Stacy Moak

As humans, we are born to expect much than to face reality. We come to learn that everything has a purpose.

I was born in 1998 and raised by a single mother till 28th November 2004, where I got a daddy who I thought was loving and caring. Instead, he became a monster. Before my sister who was born in 22nd November 2005, the man started beating me for no reason and not just a child beat, it was a criminal beat whereby he used an electric wire to beat me up. As a child, I expected my mom to get in between and talk to her husband about the matter. My expectations became a fantasy and the beating became a habit. In 2006 in grade 4, I was supposed to go for tuition on weekends, but instead, I was forced to stay with my little sister at home so that my mom can go for work or church meeting. When I refused I was given a thorough beat and asked why I didn’t love my baby sister.

Sometimes the man volunteered to stay with the baby but insisted I remain so that I will help him with the baby. His agenda was opposite and he started molesting me. He started touching my private parts and when he knew it was time for mom to come back, he beat me up so that I should not say. As this was going on, we had a male neighbor who was doing the same as what my dad was doing but didn’t beat me. Until one Sunday, I refused to go to church and now I was left with the neighbor in the compound where he got a chance to rape me and asked me to keep quiet. Later in the evening, I decided to open up to my mom and she said that I was lying. She talked with my dad about the issue and they decided to ask the neighbor. Definitely, he denied. From this point, my parents started calling me a liar. This made my dad more comfortable in continuing what he was doing to me that is threatening me and sexually harassing me. This was still going on and my little sister grew up knowing I was a bad girl. It came to a point where anything happened to her she would say it is me.

a group photo of Grace and two of her friends
Photo by Grace Ndanu

On 22 April 2008, I got a baby brother and now I felt my life was at the peak. I didn’t want to live anymore and attempted three suicides. God remained faithful and kept me alive. It was on the second term of my grade 6 and I was transferred from a private to a public school which was 8km away from home. I was forced to walk all the way and come back home remember no lunch for me. In 2009, it was time for my sister to join [to go to] school. She was brought to the school I was which made my life more and more difficult because I carried the girl at my back every morning to school. My going to school late and tired became a habit and whenever I raised the issue, I was beaten and threatened that I will not join high school. I faced rejection, hatred, insult, and isolation. My brother and sister were growing knowing am the baddest person on earth. I went to a different church from the family so that I can come back home and do the house chores at this time. I was not allowed to stay with my siblings become it was believed I had no good intentions towards them.

In 2010, a church friend of my mom noticed she hasn’t seen me for a while and decided to visit us at home. She asked me if am fine and my response was positive but she was not convinced. She decided to pay my school fees and she ordered that I go back to my previous school. My dad was not happy and started accusing me of witchcraft, asking ‘why it is only me and not any other person.’ At this point, I decided to run from home – hoping after five years of tears and pain, I will come to my rescue. I didn’t know where to go but I started my journey in February on a Tuesday. I boarded a bus to a place called Kiserian and another one to Nairobi. I had no money but I reached Nairobi. I stayed in Nairobi for three days without food, just loitering and later I decided to call my mom with a stranger’s phone and she came to my rescue. The following Monday I was taken to school. I tried being strong by working hard but my life was miserable until I was through with my primary school. I promised myself that I will not live any longer and attempted another two suicides; I found myself alive.

I was enrolled in high school in 2011 which made me happy but inside I was dying. I knew the battle isn’t over yet because, during the holidays, I would go home. [In Kenya, most high schools are boarding schools.] My first holiday that was in April, I went home and this gave my dad a chance to rape me. He threatened me with a knife that if I said he will kill me. After four weeks, I went back to school. While in school, I started developing ulcers and depression. I started falling sick each day and this forced me to go home. While my mother was nursing me, I opened up to her about what dad was doing. [I thought she would defend me but] It came out the opposite and she defended her husband. She told me that I was lying. Later that evening she told the man what I told her during the day. The man denied and told my mom that I am cursed and that she should let me get married because I was a grown up at 13 years. I got well and went back to school. I got more depressed and started fainting. One of the teachers realized that nothing was going well with me. She decided to call me and ask me [about] the problem. I opened up to her. She went ahead and explained the matter to the principal. The principal made an arrangement of visiting a counselor and a doctor at the Nairobi Women’s Hospital. I started the medication together with the counseling sessions which was of great help.

a photo of Grace
CARA. Photo by Grace Ndanu

The principal did not only helped me get well. She also [helped me] find a good home for me at the Cara Girls Rescue Center. The center took good care of me and they also counselled me. After some weeks, I had no one to pay my school fees there. I was transferred to AIC girls where I would get a sponsor and continue with my studies. After I got someone to support me, I went back to Cara Girls Rescue Center where I am till date. Being suffered for eight good years–my all childhood life has been a hell. There was no love, no care, and no mercy even from my own mother. I promised myself that I will never allow any child or anyone go through what I went through. Through this, I have always admired to be a Gender and Development CEO. I am working towards the goal. I am in my second year of studying in Gender, Women, and Development Studies. I have joined Egerton University Human Rights Club and an organization, Family Health Options Kenya, which deals with sexual health. It involves educating peers about sex and what they should do when their rights are violated. In the future, I am planning to do a Masters in Gender, Peace, and Security. I must ensure children especially the ones living with their stepparents to have full access of their mental peace, and the young girls and women who can’t raise their voices. I aspire to give people light and hope and reasons to enjoy their lives. I have realised I never enjoyed life. I just lived because it was a must but now it is time to live in reality. This is what am supposed to do: make people live the reality life, the life they deserve and deal with the ones that come in between their peace, joy, happiness and their rights.

I believe I am an agent for change. I must bring a change AND WE WILL RULE THE WORLD.

If you would like for girls like Grace to stay in school, please consider donating to our LadyPad project, during the UAB Giving Day Campaign, by using this link https://www.uab.edu/givingday/?cfpage=project&project_id=27174

 

Due Process: Is It Standard Operating Procedure?

United States Supreme Court  The southern-facing main facade of the United States Supreme Court, overlooking Capitol Hill.
United States Supreme Court. The southern-facing main facade of the United States Supreme Court, overlooking Capitol Hill. Source: Matt Popvich, Creative Commons

I read “The Presumption of Guilt: The new liberal standard turns American due process upside down” the other day. I found this piece presumptuous at worst, and revelatory at best. The WSJ editorial board outlines three core tenets potentially derailing due process in the Kavanaugh appointment, most notably the presumption of his guilt. These core tenets, in the board’s estimation, will defend against a mockery of “the new liberal standard of legal and political due process.” What strikes me most about this piece is the presentation of their core beliefs about the justice system in America: “The core tenet of Anglo-American law is that the burden of proof always rests with the person making the accusation.” What the board revealed is the ever-present reality that populations of color in this country know and experience daily, and this fact is symbolized in the very name of the board’s ideal legal system itself: Anglo-Saxon. The law is not as colorblind or unbiased as the justice system would have us believe. The law is not for the protection of all; it is for the protection of Anglo-Americans. It is a law to the exclusion of everyone else. This blog, using the outlined WSJ tenets as section headers, speaks to the presumption of guilt applied daily to marginalized populations without due process.

Tenet #1: The core tenet of Anglo-American law is that the burden of proof always rests on the person making the accusation. Non-whites do not get the benefit of the doubt, even when video evidence, witness statements, or 911 recordings indicate otherwise. For marginalized persons, few opportunities transpire to make an accusation or offer a defense. Consider any number of non-threatening Sikhs, Muslims, Native Americans, or Blacks who find themselves on the receiving end of the “fear” of a White person for their safety. The accusatory nature of white America against persons of color, especially Blacks, living their lives has become so galvanized that #whileblack is a social media phenomenon.

#WhileBlack spotlights White Americans willingly interfering and causing disruption in the lives of Black people. Whether a politician canvassing a neighborhood or realtor checking on a property or a White grandmother riding home with her Black grandson, White Americans usage of the police as quenchers of irrational fear may result in the death of another unarmed and unassuming citizen. A few months ago, a group of Black women packed their car following their vacation when White residents phoned the police, accusing the women of robbing the AirBnB house where they stayed. Even after pleading their case, the officers did not believe the Black women. A White student at Yale phoned the police on two different Black students on two different occasions because she believed they did not belong on the campus. Colorado campus police detained two Native American students visiting a university when a White parent complained that the boys seemed threatening because they did not say much during the tour. In addition to highlighting the direct and structural violence that non-Whites face over the course of the day, #whileBlack showcases that the mastery of accusation and othering heavily favors the dominant party.

Tenet #2: An accusation isn’t any more or less credible because of the gender, race, religion or ethnicity of who makes it. This tenet suggests that any accusation is worthy of address. Recent history, including accusations against Roy Moore and this current case, tell us that many Americans presume the innocence of white males in the entertainment industry and political arena over white women. Thus, revealing a gender bias. Just ask Bill O’Reilly, Les Moonves, and Louis C.K. Presently the exceptions to this rule are men of color like Aziz Ansari and Bill Cosby.

Accusations of sexual misconduct by women of color are often dismissed or discredited. In 1991, Anita Hill came forward with allegations against Supreme Court nominee Clarence Thomas. When Lupita Nyong’o said Harvey Weinstein sexually harassed her, Weinstein denied the possibility of it, despite more than 40 other women making similar and more explicit claims. This tenet, however, is inaccurate if you are Carolyn Bryant or Donald Trump. Carolyn Bryant lied to a judge and jury in 1955. With that lie, she sentenced Emmett Till, a 14-year-old Black boy from Chicago, to a lynching by Bryant’s husband and other family members. Donald Trump, in 2008, initiated and perpetuated the birther narrative about President Obama. Despite the release of Obama’s birth certificate in 2011, many doubt Obama and believe Trump.

statue of justice
Scales of Justice-Frankfurt. Source: Michael Coghlan, Creative Commons

Tenet #3: The right to cross-examine an accuser. This tenet is the crux of due process as exercised under the auspices of a third party, whether a mediator, a judge, or an adjudicator. “The denial of cross-examination is a major reason that campus panels adjudicating sexual-assault claims have become kangaroo courts.” The right to confront an accuser is a component of justice; however, in many cases of sexual assault and violence, there is an invoking of “boys will be boys” and/ or “that’s just what we did in high school and college” to bypass cross-examination and the potential for prosecution altogether. This flippant attitude is primary to the problem. A double standard has always existed when describing the sexual behaviors of men and women.

In conclusion, what is interesting is for all the chatter of due process in this piece, the WSJ editorial board fail to recognize that due process is exactly what the women who have stepped forward desire. Due process allows the accusers the opportunity to tell their sides of the story and Kavanaugh to tell his side. It allows for cross-examination and a committee of his peers to decide if he should find himself rewarded with a lifetime appointment to the Supreme Court. Due process should bring about a more just society and system.

If the failure to administer due process signals “the new liberal standard”, how does it apply to conservative-led initiatives? Republicans control the executive, the legislative, and the judiciary – in effect, the Republican party is the chief executor of due process in all branches of government. Are Americans to infer that government officials have not implemented the due process as standard operating procedure? If there is a failure of due process, the burden of responsibility falls at the feet of the Republicans.

Due process seems like an overarching ideal outworked in the request to receive all the documents concerning his judgeship so proper vetting could take place in preparation for the confirmation hearing. It seems like a logical next step when considering the “committee confidential” emails that should not have been confidential; if there is nothing to hide, given the presumption of innocence and blind trust this society is to have for its leaders. Why is a due process so important in this case and for this person but not for others?

Where are the demands for due process for the children stolen from their parents and held hostage by the government as migrant families seek refuge in a country that once held so much promise? Where are the demands for due process when unarmed men, women, and children are murdered in their schools or on playgrounds, or streets or in their homes? Where are the demands for due process for the thousands of survivors of abuse in the Catholic Church? Where are the cries for due process when individuals commit suicide because they experience bullying because of something they cannot change or choose?

Articles 6-12 of the Universal Declaration of Human Rights outline the basic tenets of due process. If Kavanaugh has nothing to hide and believes, as an officer of the court, that the system is just, then he should have no issue facing his accusers, calling a cross-examination, and letting the justice system work. Unless he knows the demands for due process are inequitable because justice is not just.

What is the meaning of “due process” as a component of the justice system, if a potential justice stymies the rights of accusers during his pursuit of a position in the highest court of the land as an executor of the justice system?

What is Gender-Based Violence?

Growing up, I was resentful of the social freedoms my male friends naturally enjoyed. Unlike the parents of my male friends, my parents were very strict about things like curfews, not being outside at night alone, and avoiding certain neighborhoods. My dad would always say, “We trust you, but we don’t trust the people around you”. Although I was still resentful, I know my father enforced those stringent rules because he was trying his best to protect me from gender based violence (GBV). GBV is defined as violence towards an individual that is motivated based on his or her gender identity, biological gender, “or perceived adherence to socially defined norms of masculinity and femininity”. The term ‘violence’ encompasses physical, sexual, and psychological abuse along with coercion, threats and compromised liberty. Examples of GBV include sexual violence like rape, domestic violence, and human trafficking. Both men and women are affected by GBV; however it is recognized women and girls are at most risk for exposure due to the imbalanced power relations between men and women “which have led to domination over and discrimination against women by men … and that violence against women is one of the crucial social mechanisms by which women are forced into a subordinate position compared with men.”

Violence against women and girls is a prevalent human rights violation resulting in disproportionate negative consequences on females’ physical, mental and sexual and reproductive wellbeing including but limited to including, but not limited to: “i) fatal outcomes; ii) acute and chronic physical injuries and disabilities, iii) serious mental health problems and behavioral deviations increasing the risk of subsequent victimization and iv)  gynecological disorders, unwanted pregnancies, obstetric complications and HIV/AIDS .”

International Womens Day Strike. Source: Molly Adams. Creative Commons

Some troubling statistics on GBV:

  • In 2014, a UNICEF study projected that ~120 million girls (almost 1 in 10) under the age of 20 have been forced to perform sexual intercourse or other sexual acts during some point of their lives.
  • Almost half of the women killed in 2012 were murdered by a family member or intimate partner.
  • Globally, the WHO estimates 35% of women worldwide have experienced either physical and/or sexual intimate partner or non-partner violence or sexual violence. Other national studies have estimated up to 70% of women experience GBV.
  • “Women and girls together account for 71 per cent, with girls representing nearly three out of every four child trafficking victims. Nearly three out of every four trafficked women and girls are trafficked for the purpose of sexual exploitation.”

Although a pressing issue, it wasn’t until 1992 when the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) formally adopted General Recommendation No. 19: Violence against Women (GR 19), which legally categorized violence against women a distinct form of discrimination. Likewise, it wasn’t until 1993 the United Nations General Assembly adopted the Declaration on the Elimination of Violence against Women (DEVAW), forming the first ever internationally-recognized definition of GBV. Both documents explicitly outline how GBV violates basic human rights mentioned throughout the UDHR such as the right to life, dignity, and health.

Health Effects of Exposure to GBV

Sexual and Reproductive Health
GBV is a major public health concern contributing to mass amounts of mortality and morbidity. Specifically, the relationship between GBV and HIV and other STIs has been recognized as an important pathway for the contraction and spread of such diseases. WHO states that, in some regions, women facing sexual partner violence are 1.5x more likely to contract HIV, and 1.6x more likely to contract syphilis. Here’s how:

First, increased vulnerability to HIV and STI’s stems from sexual violence such as rape. “Violence reduces victims’ abilities to influence the timing and circumstances of sex, resulting in more unwanted sex and less condom use, including situations where women are coerced or pressured not to use condoms.” For example, of the estimated minimum 250,000 women brutally raped during the Rwanda Genocide, 70% of those survivors tragically acquired HIV.

Second, another important pathway from GBV to HIV is men who are physically violent are also more likely to be HIV positive. Studies find violent men are more likely to engage in risky sexual behavior such as having multiple sex partners and utilizing transactional sex, increasing their chances of contracting and spreading HIV and other STIs.

Along with the spread of disease, women and girls experience unwanted pregnancies due to GBV. The WHO states that women with previous exposure to GBV are more likely to account having had a self-induced abortion. Globally, “80 million unintended pregnancies each year, at least half are terminated through induced abortion and nearly half of those take place in unsafe conditions.” A study analyzing the relationship between GBV and sexual and reproductive health among low-income youth in three Brazilian cities, supports WHO’s statement that women in abusive relationships are more likely to experience unwanted pregnancies. The study found adolescent females who became pregnant as teenagers were more likely to have been victims of controlling behavior or physical abuse compared to teenage girls whom have never gotten pregnant. Among the girls who got pregnant as a teenager during the study, “20% reported having suffered physical violence from a partner and 10% reported having been subjected to sexual violence from a partner, compared to 5% and 3% respectively of those who did not get pregnant as teenagers.”

Mental Health:

Along with physical harm, studies highlight women and children face serious mental health problems after enduring traumatic experiences with GBV. “Exposures to traumatic events can lead to stress, fear and isolation, which, in turn, may lead to depression and suicidal behavior.” According to the WHO, women abused by a non-partner are 2.3 times more likely to have alcohol use disorders and 2.6 times more likely to have depression or anxiety. A cross-sectional study based on the Australian National Mental Health and Well-being Survey in 2007 found that of the 4,451 female respondents, 1,218 (27.45%) of the women have experienced one of the four types of GBV analyzed in the study (IPV, stalking, sexual assault, and rape). Of the 139 women who experienced at least three types of GBV, the rates for mental disorders were 77.3% for anxiety disorders, 47.1% for substance abuse disorders, 34.7% for attempted suicide, and 56.2% for PTSD.

Right On. Source: Liz Spikel. Creative Commons

Potential Solutions to Address Gender-Based Violence

In light in of April being sexual assault awareness month, itself a form of GBV, it is essential to break through the culture of silence. Our health care system can be more active is addressing the prevention of GBV, and also the aftermath of GBV. First, providing survivors with mental health services such as counseling is critical for these women and girls to address their psychological trauma and progress with their lives. Mental health services are vital in providing survivors a voice to express themselves. Second, our health care system could potentially be a major stakeholder in identifying and stopping GBV.

“GBV is very common, but most health care providers fail to diagnose and register GBV, not only due to socio-cultural and traditional barriers, lack of time, resources and inadequate physical facilities; but even more so due to lack of awareness, knowledge and poor clinical practices with limited direct communication and failure to do a full physical examination, not to mention register and monitor the effectiveness and quality of care.”

Moving forward, there needs to be a systematic change within in the health sector. The World Bank, amongst other NGO’s, have provided approaches on how to address this issue. Some strategies to consider include, but of course not limited to:

1) Requiring GBV screenings during doctor visits to ensure early intervention
2) Train and educate health care personal about GBV to improve provider’s knowledge, medical services and attitudes towards GBV.
3) Providing survivors access to adequate infrastructure within hospitals which includes private counseling and examination rooms.

Women are approximately 50% of our global population, yet gender-based violence is one of the most prevalent and widespread human rights violations. Gender equity is an inalienable right protected in numerous human rights documents, however change will never be achievable until we break this vicious cycle of violence through education and strict policy changes. Ultimately, women have proven they are just as equally capable as men, and gender-based violence and discrimination over an uncontrollable biological factor is simply unjust.