Safeguarding the rights of girls in the criminal justice system

1. Introduction

Gender-based violence is a pervasive and devastating manifestation of discrimination against women and girls. International human rights standards, including the Convention on the Rights of the Child (CRC), the Convention on the Elimination of all Forms of Discrimination against Women, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, provide a solid framework for preventing and responding to violence against girls in both public and private spheres. Unfortunately,non-compliance with international human rights obligations to protect girls  from all forms of violence remains a serious challenge.

The criminal justice system should aim to prevent incidents of violence, bring perpetrators to justice, and ensure recovery and social reintegration for victims. Like any other group in society, women and girls are entitled to nothing less. As the story of Kainat illustrates, however, the social, economic and cultural position of girls, together with deeplyrooted discriminatory attitudes toward them in society as a whole, influence the attitudes and responses of the criminal justice system to heinous crimes of violence committed against them. Rather than benefitting from rehabilitation, protection and redress, girls who fall victim to violence often find themselves criminalized, which can lead, in turn, to further violence against them, inhuman punishment and unlawful deprivation of liberty.