16th September 2021

Failure to protect: How discriminatory sexual violence laws and practices are hurting women, girls and adolescents in the Americas

Being able to live a life free from violence, including sexual violence, is a fundamental human right. Despite this, sexual violence is wide-ranging and pervasive throughout the world, including in the Americas. It is rooted in discrimination, sex and gender inequality, and patriarchal norms, and is perpetuated by the law itself, particularly against adolescent girls.

This report, which reviews the gaps and loopholes in the sexual violence laws of 43 jurisdictions in 35 countries in North America, Central America, South America, and the Caribbean, calls on governments to improve protections in the law, as well as improving access to justice and implementation of the law, and challenging negative stereotypes so that sexual violence is reduced, and perpetrators are held accountable.

I think people blame victims because sexual violence is like a mirror to society. It’s better to think that a girl is lying because if not, that means acknowledging that someone in your circle is capable of something like that and can hurt someone else.

Stephanie, Ecuador

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Key recommendations

Equality Now’s analysis of laws, policies, and practices related to sexual violence, alongside in-depth discussions with survivors, activists, and lawyers actively engaging with survivors of sexual violence, found that many sexual violence and rape laws across the jurisdictions studied effectively deny justice to survivors of sexual violence due to loopholes and protection gaps in the laws. The report also uncovered severe barriers to accessing justice and implementation gaps within the criminal justice system in many jurisdictions.

We’re calling for comprehensive action from governments to holistically address sexual violence and intersecting discrimination faced by women and girls across the region to live up to their commitments to protect and promote the human rights of women and girls. Specifically, the governments of the Americas must:

  • Improve protections in the law
  • improve access to justice under the law
  • Improve implementation, practice, and accountability
  • Challenge negative stereotypes and improve public understanding of sexual violence

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Kenya Joint Shadow Report on the implementation of the Maputo Protocol

Submitted by Equality Now on behalf of 13 joint stakeholders, this shadow report assesses Kenya’s implementation of the Maputo Protocol and highlights urgent gaps in law, policy, and practice affecting women and girls. It calls on Kenya to strengthen protections against gender-based violence, advance reproductive rights, end discriminatory family law practices, improve access to justice, and protect marginalised women, including refugees, widows, older women, and women with disabilities.

Good practices on compensation for victims/survivors of sexual violence in South Asia

A regional analysis of compensation frameworks for survivors of sexual violence in six South Asian countries, with good practices and recommendations to strengthen access to justice.

Advocacy framework for withdrawing reservations to some provisions of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa

A practical advocacy framework by the Special Rapporteur on the Rights of Women in Africa in collaboration with Equality Now and the SOAWR Coalition, raising awareness on and encouraging states to withdraw reservations to the Maputo Protocol and ensure full protection of women’s rights across Africa.

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