Gender-based violence in general

In Bah v. Mukasey, 529 F.3d 99 (2008), three plaintiffs from Guinea who underwent female genital mutilation (“FGM”) appealed decisions from the Board of Immigration Appeals (“BIA”), which had denied their claims for relief and withholding of removal under the Convention Against Torture based on FGM.

In an application under Article 102 of the Constitution, the Bangladesh National Women's Lawyers Association (BNWLA) petitioned the Supreme Court of Bangladesh (High Court Division) to address the exploitation and abuse endured by child domestic laborers in Bangladesh. The BNWLA argued that child domestic workers are subjected to economic exploitation, physical and emotional abuse, and the deprival of an education in violation of their fundamental constitutional rights. In support of these arguments, it presented multiple reports of extreme abuse suffered by child domestic workers.

Two men published a Facebook post of them kissing, which sparked hundreds of homophobic comments. At their request, an LGBTQ rights advocacy organization complained to the prosecutor’s office, asking to launch an investigation for instigation of homophobic hatred and violence. Both the prosecutor’s office and court on appeal refused on the basis that the post was “eccentric” and the authors’ comments, even though obscene, did not contain actual criminal act and intent.

Appellant convicted of murdering a woman and sentenced to 18 years imprisonment. Appellant appealed the verdict and sentence, claiming that he did not possess the requisite intent to kill and mitigating circumstances that he was 35-years old, a first offender, gainfully employed and a breadwinner supporting two children should reduce his sentence. The High Court dismissed his appeal finding that the stab wounds to the victim demonstrated intent to kill and that the mitigating circumstances were properly weighed when the sentence was determined.

Human Rights Watch Report documenting how girls as young as 8 years old work up to 18 hours a day as domestic workers in Guinea, frequently without pay, and are often insulted, beaten and raped by their employers (2007).

Burnt Not Defeated is a 2007 report by the Campaign and Struggle Against Acid Attacks on Women (CSAAAW) that documents acid violence in Karnataka and examines the legal, social, and institutional shortcomings that enable such attacks. The report identifies acid attacks as a severe form of gender-based violence, often committed by men to punish women for rejecting advances, resisting control, or asserting autonomy in personal relationships.

The IACHR lodged an application against Peru for the violation, among other things, of the right to free association. Garcia-Santa Cruz was founder of a women's organization in a mining community, and provided support to the families of miners during a mining strike. Garcia-Santa Cruz was executed, and the Court held that her execution was an attempt to intimidate miners into not unionizing. The Court held this type of intimidation to be a violation of the freedom of association (Article 16 of the American Convention).

The victim was a 13-year-old girl who reported to have been raped by the defendant. The defendant was charged with rape and unlawful sexual intercourse with a minor. While the defendant admitted to having sex with the minor, he contested the rape charge. Aggravating factors were considered, and the case law examined had identified a pattern: the younger the victim, the higher the custodial sentence imposed. In this case, the fact that the victim had a diagnosis of autism was regarded as an aggravating factor.

The Constitutional Court found that the legislature could take necessary measures to reduce violence within families. Articles 1.1 of the Law on the Protection of the Family allows judges to take measures against one spouse, not both, and not against the children or members of the family, if a spouse has subjected another family member to domestic violence. The Gulyaly Peace Court found that because the Articles did not provide for an injunction or penalty if a child committed a violent act, rather than a spouse or parent, the Articles violated the principle of equality.