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Gender-based violence in general

Gender-based violence in general refers to harmful acts directed at individuals based on their gender identity or perceived gender identity. This umbrella topic includes legal resources, case law and legislation regarding physical, sexual, psychological, and economic abuse.

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A gg. Bundesasylamt (A. v. Federal Asylum Agency) [C16 427.465-1/2012]

The minor applicant, a member of the Hazara ethnic group, illegally immigrated to Austria with her parents and four minor siblings from Afghanistan when she was approximately nine years old. The Federal Asylum Agency of Austria (“FAAA”) denied her and her family’s petitions for asylum. The Asylum Court reversed the denial, finding that the FAAA erred in summarily denying asylum based on the applicant’s statements without considering outside credible reports or sources relevant to the applicant’s asylum claim.

A. and B. v. Eastern Health Board

C. was a 13 year-old girl who became pregnant as a result of rape allegedly by a family friend and was now in State care.  The health board sought a court order to allow her to travel outside the State to obtain an abortion because abortion was illegal in Ireland except where the pregnancy formed a real and substantial risk to the woman's life. The Court granted the health board's order permitting C. to travel outside the State to obtain an abortion.

Affaire Songo Mboyo

In December 2003, members of the Congolese army (FARDC) under the command of Lieutenant-Colonel Bokila Lolemi stationed in the village of Songo Mboyo mutinied over unpaid wages.  They targeted the local population and committed mass rapes across two nights with as many as 119 victims.  Lolemi was charged with crimes against humanity for rape of 32 women by forces under his command and effective control.  The court of first instance was the Military Garrison Tribunal of Mbandaka, which found 7 of the 12 defendants guilty, including Lolemi.

Alaska Statutes § 11.41.455 et seq. Sexual Exploitation of Minors

Alaska Stat. § 11.41.455 prohibits a person from knowingly inducing, employing, or recording a child under 18 in sexually explicit conduct including penetration, lewd touching, masturbation, bestiality, sexual masochism or sadism, or exhibition. It also holds a parent, guardian, or custodian criminally liable if they knowingly permit a child to engage in such conduct for purposes of recording or depiction. The offense is a class A felony, or an unclassified felony if the child is under 13 or the offender has prior convictions.

Anti-Human Trafficking Legislation in Tanzania and 6 Countries Around the World

In 2008, Tanzania adopted the Anti-Trafficking in Persons Act (ATPA) to combat human trafficking, mandate stricter investigation and prosecution, and afford protection to victims of trafficking. This report: explains and evaluates the ATPA, including the effectiveness of its implementation since its enactment in 2008; describes similar acts around the world, including an evaluation of those laws’ implementation and effectiveness; offers specific recommendations for Tanzania to enhance the effectiveness of its anti-trafficking law.

Appeal Resource No. 997-2017/Arequipa, Permanent Criminal Chamber of the Supreme Court of Justice of the Republic, Peru, 2018

The appellant was convicted of femicide for killing a 17-year-old girl when she attempted to defend herself against his efforts to sexually assault her. The appellant argued on appeal that the facts did not support a finding that he was guilty of femicide, petitioned for the re-classification of his crime, and argued that his sentence should have been reduced because he had consumed alcohol before the events that led to the girl’s death.

Appellant S395/2002 v. Minister of Immigration and Citizenship

The appellants, both homosexual male citizens of Bangladesh, arrived in Australia and applied for protection visas. To be recognized as refugees, the appellants had to show that they had a well-founded fear of being persecuted due to their race, religion, nationality, membership in a particular social group, or political opinion. The appellants argued that they belonged to a “particular social group” that was subject to discrimination and harm in Bangladesh by virtue of their homosexuality.

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