Increasing women's access to justice in post-conflict societies.

• Author: Bachelet, Michelle
• Position: Report

For centuries, sexual violence and other atrocities committed against women were considered inevitable during times of war. Today, legal frameworks and institutions are in place to provide justice to women affected by conflict and progress is being made.

In all situations of conflict, women are disproportionately affected by sexual and gender-based violence, forced displacement, the destruction of civilian infrastructure and the range of rights violations. The legacy of this violence endures long after a peace agreement is signed.

In the past three decades, significant gains have been made in building an international justice architecture which includes accountability for sexual and gender-based crimes. The prosecution of these crimes serves as an important signalling of a break with the past, an assertion of the equal rights of women and an international willingness to protect these rights. For the first time in history, these significant advances have made it possible to prosecute sexual and gender-based violence in conflict.

However, much remains to be done. The rule of law still often rules out women. Obstacles that prevent women from accessing legal protection for their rights persist, resulting in discrimination and inequality that hamper their ability to live free of violence and contribute to society as full and equal citizens.

In the wake of fighting and destruction, institutions are only rudimentarily functioning, community networks are weakened, small arms proliferate and violence against women continues. The devastation of conflict exacerbates both the challenges and the impact of discrimination. As a result, women have the least access to justice precisely when they need it most.

The absence of a strong framework of laws to protect women's rights, backed by effective security and justice institutions to enforce these rights, has wide-ranging impacts. The 2011 World Development Report of the World Bank made important findings on the nexus among justice, security and development in conflict-affected States. The report noted that where the rule of law and justice are not secured, insecurity and violence continue and development is hampered. As some have noted, violent conflict, with its deaths, disease, destruction and displacement, is equal to "development in reverse".

Furthermore, this insecurity and violence, facilitated by a lack of justice or legal frameworks, effectively prevent women's participation in rebuilding their...