Introduction
The problem of gender-based violence (GBV) in emergencies has recently received increased attention worldwide. The Humanitarian Exchange Magazine dedicated a whole issue on GBV in humanitarian crises. The International Committee of the Red Cross demonstrated its concern for sexual violence in armed conflict, launching a Special Appeal to strengthen its response in 2014. In non-conflictual emergency settings, such as disasters, there are also issues of gender-based violence: the breakdown of social structures and chaos following a disaster create an environment where women are more vulnerable to GBV. This paper intends to explore GBV in disaster settings from a legal perspective and address how both national and international legal frameworks address this issue or how could they be used to address it.
Part A will attempt to define GBV and describe its scope for the purpose of this paper. Part B will present a brief overview of the international normative framework for GBV, examining selected documents on both the issue of violence against women and the applicability of the human right to be free from it in disaster settings. Part C will then discuss women’s increased vulnerability following a disaster. While risk factors are often pre-existing, the disaster itself and its relief operations can exacerbate GBV occurrence. Part C will also explain issues related to the response to GBV incidents. Using Haiti as a case study, Part D will describe GBV prevalence after the 2010 earthquake, analyse Haiti legal framework related to GBV and present an example of legal action undertaken to address the issue. Part E will finally offer suggestions to improve the condition of women in disaster settings.