ZAŠTITA PRAVA NA ZDRAVLJE I OBRAZOVANJE ŽRTAVA SEKSUALNOG NASILJA U RATU
PROTECTION OF THE RIGHT TO HEALTH AND EDUCATION OF VICTIMS OF SEXUAL VIOLENCE IN WAR

Summary/Abstract: The adoption of the United Nations Secretary-General's Guidelines on Reparations for Conflict-Related Sexual Violence (2014) represents an addition to the existing normative developments in the field of gender-sensitive reparations. Despite this progressive normative progress, there remain conceptual gaps in the legal and political framework for reparations that address conflict-related sexual violence and, consequently, ongoing challenges in implementing gender sensitive reparations. Challenges include the exclusion of women from legal remedies due to bias in creation and implementation of reparations regimes. Transformative reparations address the immediate reparative needs of survivors of sexual abuse, taking into account social and economic barriers to full equality for women in many societies. These reparations go beyond the immediacy of sexual violence, encompassing equality, justice and the longitudinal needs of those who have experienced sexual abuse. For this purpose, appropriate principles of reparations for conflict-related sexual violence are proposed. In this paper, the authors place special emphasis on the current problems of protection of the right to health and education of victims of sexual violence in war. Restitution, rehabilitation, reparation and resocialization of victims of sexual violence in the war in Bosnia and Herzegovina (1992-1995) are also presented. This is based on the fact that the passage of time has not healed the wounds of war, including the long-term psychological, physical, economic and social consequences of sexual violence in war for survivors and their families. Many victims still suffer from trauma associated with wartime sexual violence, which has significant consequences and is difficult to overcome. Most survivors also suffer from post-traumatic stress disorder associated with various psychological conditions. In the final part, some legal solutions for achieving reparation for victims of sexual violence in the war in Bosnia and Herzegovina are problematized, and specific proposals de lege ferenda are presented.

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