Comprehensive legislation to prevent, respond to and punish all forms of violence against women and girls is an essential first step to ending impunity. This module provides expert guidance on drafting, advocating for, implementing and monitoring national legislation. It provides step-by-step guidance, case studies of the most promising practices from diverse regions in the world and tools for implementation.
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Last edited: October 15, 2019
Legislation
Ensure that the Goal of the Legislation Is Well-DefinedConsult with Key StakeholdersEnsure that the Legislation is based on Reliable Evidence
Legislation should be based on specific guiding principlesLegislation should contain specific implementation mechanismsProvide safety, aid, and empowerment for survivors through criminal and civil provisions which include a broad range of remedies and reparationsTools and Resources
Throughout this knowledge module, reference to certain provisions or sections of a piece of legislation, part of a legal judgment, or aspect of a practice does not imply that the legislation, judgment, or practice is considered in its entirety to be a good example or a promising practice.
Some of the laws cited herein may contain provisions which authorize the death penalty. In light of the United Nations General Assembly resolutions 62/149, 63/168, 65/206, and 67/176 calling for a moratorium on and ultimate abolition of capital punishment, the death penalty should not be included in sentencing provisions for crimes of violence against women and girls.
Protection order remediesEmergency or ex parte order for protection remedyContents of emergency or ex parte orders for protectionPost-hearing protection order remedyContent of post-hearing orders for protectionWarning provisionsTime limits on protection ordersOther key provisions in legislation on post-hearing protection ordersChild custody provisions in protection orders
Definition of sexual assault and other elementsAggravating circumstancesSexual assault of minorsSexual assault of vulnerable populationsSexual assault in universities or institutions of higher educationSexual assault within an intimate partner or marital relationshipCapacity to commit sexual assault and other factorsConsentEvidenceSentencingOther ProvisionsRoles and responsibilities of policeRoles and responsibilities of prosecutorsTreatment or diversion programs for perpetrators and offender registration
Overview and Core Elements for Sexual Harassment Laws in the Educational SettingTeachers/Staff Harassing StudentsZero-tolerance for Teacher-Student Sexual RelationsUnwelcomeness Requirement Students Harassing StudentsBroadly Define Educational Institution and Educational ActivitiesDuties of Educational Institutions
OverviewCore elements of legislation on sex trafficking of women and girls
OverviewSex trafficking is a grave violation of human rights and a form of violence against women and childrenSex trafficking may occur whether or not an international, national or regional border is crossedSex trafficking may involve foreign nationals, citizens, and legal permanent residents of a particular countryThe purpose of sex trafficking laws, and the effective implementation of such laws must include: Prosecution, Protection, Prevention, Provision of Services and PartnershipsNon-discrimination should be incorporated into each and every principle and provisionFair and equal treatment of child victims should also be incorporated into each and every principle and provision
OverviewSpecific Criminal OffencesCriminal Acts: Recruiting, Receiving, Transporting, or HarboringCriminal Means: By any means; or threat, Force, Coercion, Fraud, Abuse of Power, or abuse of a Position of VulnerabilityCriminal Purposes: Exploitation of the prostitution of others, Sexual Exploitation, or Commercial Sex ActPenalties for Sex TraffickersPenalties for BuyersProstitution and Sex Trafficking OffencesEvidence of Prior Sexual Activity or Prostitution Convictions
Definition of forced and child marriageDefining and establishing consentEstablishing a minimum age for marriageDevelopment of a national action plan on forced marriagesDefining other forms of forced marriage: human traffickingDefining other forms of forced marriage: international marriage brokeringDefining other forms of forced marriage: slavery, sexual slavery, forced labor and debt bondageDefining other forms of forced marriage: wife inheritance, levirate and sororate marriages Defining other forms of forced marriage: bride kidnappingDefining other forms of forced marriage: bounty huntingDefining other forms of forced marriage: forced and child marriage as settlementPolygamous marriagesPremarital, post-nuptial and other forms of marriage contractInheritance lawsAddressing customary laws and practices that conflict with formal laws
Elimination of discriminatory lawsAddressing customary laws and practices that conflict with formal lawsCriminalization of “honour” crimes, “honour” killings and other related offensesCriminalization of aiding, abetting, soliciting another, condoning or conspiring to commit an “honour” crime or killingForced suicides Decriminalization of adultery and defensesSentencing provisionsPrivate settlements and victim compensationAccompanying domestic violence legislationImmigration laws
Family law and marriage lawsMarriages Equal rights and responsibilities in marriageInheritance lawsLand and property reformLand and tenure reformPromoting security of tenure for womenJoint tenure and titling for spousesEnsuring effective implementationDomestic violence civil remediesCivil claim for compensation
Criminal penalties and proceduresDowry deathsAiding and abetting suicideStatute of limitations and Obstruction of justiceCriminal sanctions and sentencing provisions Addressing dowry-related violence through criminalization of dowry demandsEvidenceTreatment or diversion programs for perpetratorsLethality or risk assessmentsFelony strangulation and other provisions
Order for Protection RemediesEmergency or ex parte Order for Protection RemedyContents of Emergency or ex parte Orders for ProtectionPost-hearing Order for Protection RemedyContent of post-hearing orders for protectionWarning provisions, Time limits and Other key provisionsChild custody provisions in orders for protectionFamily law and divorceCustody and Related ProvisionsCivil Lawsuits for Damages and CompensationEnsure women’s property and inheritance rights