To ensure protection for women and LGBTIQ people, the Human Rights and Gender Justice Clinic at the City University of New York School of Law, MADRE, OutRight Action International, and the Center for Socio-Legal Research at the Universidad de Los Andes School of Law propose that:
For the crime against humanity of persecution on “gender” grounds, the CAH Convention should either: o Remove the restrictive definition of “gender” found in the Rome Statute, which states that “gender” means “the two sexes, male or female, within the context of society”; or
o Add the interpretation advanced by the ICC Office of the Prosecutor, namely that the Rome Statute’s definition “acknowledges the social construction of gender, and the accompanying roles, behaviours, activities, and attributes assigned to women and men, and to girls and boys”.
Women’s Initiatives for Gender Justice supports this proposal to the crime against humanity of persecution.
In line with recommendations of many human rights defenders, we also seek to expand this crime to expressly include persecution on the basis of indigeneity, disability, refugee status, age, sex, caste, gender identity, gender expression, and sexual identity or orientation.
2. Crime against humanity of enslavement
The Cardozo Law Institute in Holocaust and Human Rights propose that:
The crime against humanity of “enslavement” should encompass both the crime of “slavery” and the “slave trade”, and that “sexual slavery” should be treated as a form of “enslavement”.
Women’s Initiatives for Gender Justice supports this proposal to the crime against humanity of enslavement.
3. Crime against humanity of attacks on sexual autonomy and bodily integrity
The crime against humanity of “sexual violence” should be changed to “attacks on sexual autonomy and bodily integrity…. Including, but not limited to, sexual violence”. Women’s Initiatives for Gender Justice supports this proposal, which captures a broad range of violations to sexual and reproductive autonomy and integrity.