Human Rights Council: fighting gender-based violence

14 Jul 2023

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At the 53rd session of the United Nations Human Rights Council, the Lutheran World Federation expressed concern about the number of countries where legal systems can be used to inflict domestic violence against women and children.

Participants of a three-day workshop perform an activity as part of the 16 Days of Activism against Gender-Based Violence organized by The Lutheran World Federation, the Mukwege Foundation and UNIGE Egalité, . Photo: LWF/L. Gillabert

Strengthening legal standards to protect the most vulnerable

(LWI) - In a statement issued to the Human Rights Council (HRC), the Lutheran World Federation (LWF)

expressed concern over the potential use of the notion of parental alienation to perpetuate gender-based violence against women and children. Responding to a Custody and Parental alienation report by the Special Rapporteur on Violence Against Women, LWF implored judicial systems across different countries to investigate the potential history of domestic violence including child sexual abuse in such cases.

The special rapporteur's report highlighted that some judicial systems question the legitimacy of domestic violence cases once defendants bring up ‘parental alienation’ as a factor.

"Survivors of gender-based violence look to legal systems for protection. But if their means of protection is systematically abused, it is the role of governments to strengthen legal standards and judicial systems” says Sikhonzile Ndlovu, LWF Advocacy Officer for Gender Justice, who is coordinating LWF's engagement at the 53rd HRC.

Statement of the Lutheran World Federation

The Lutheran World Federation welcomes the report on custody, violence against women and violence against children, by the Special Rapporteur on violence against women and girls, its causes and consequences,

We commend the report’s recognition of the potential use of parental alienation as an extension of domestic violence as well as child sexual abuse.

The Lutheran World Federation is concerned about the continued delegitimization of cases of domestic violence against women and children through invoking parental alienation in justice systems in several countries. Violence against women and children, especially girls, is one of the greatest human rights violations of our time, with one out of three women experiencing violence at least once in their lifetime. Most of this violence occurs within the home, perpetrated by an intimate partner or a former partner.

Ignoring the history of and prevalence of violence in the home subjects women and children to lasting emotional and physical harm and even death.

We therefore stress the need for the following:

This council, the international community and relevant duty bearers to work together to protect women and children from all forms of violence

Governments to strengthen legal standards and judicial systems to eliminate prejudices in custody cases and cases of violence against women and children

The Special Rapporteur to continue engaging with civil society organizations including faith actors working to promote and protect women and children’s rights

Thank you

LWF/T. Rakoto