1. B Y M I C H A E L G A I TH O
GBV
PERSPECTIVE FOR HEALTH
WORKERS……..MIKE
(0722685594)

2. By the time this slide
is finished, one
person will be raped
within this part of the
world

3. BACKGROUND
GBV is one of the most widespread human rights
abuses in the world today
GBV is devastating, affecting women and girls’ long-
term physical and mental well-being
The ripple effects of GBV compromise the well-being
of families, communities and societies
A strategy to address the problem is needed decision-
makers and communities

4. RESPONSE TO GBV
• Over the last decade, GBV has been widely recognized
as a public health and human rights problem
• Several conventions and declarations have established
international/governmental commitment to addressing
and eliminating GBV
• KWCWC has played a pivotal role in these
developments within the county
• Our primary emphasis has been on the involvement,
not only of the community duty bearers, but of women
themselves, their families (men) and communities

5. SCOPE OF THE PROBLEM
• It is a wide spread international human rights and public
health issue.
• Millions of girls and women suffer from violence and its
consequences because of their sex and their unequal
status in society.
• While men are also victims of violence, violence against
women is characterized by its high prevalence in the
family
• 49% of women reported as having experienced violence
since age 15(KDHS,2003)
• 83% of women and girls reported one or more episodes
of physical violence in childhood; 46% reported one or
more episodes of sexual abuse in childhood
(UNAIDS,2006)
• 25% of 12-24 year olds lost their virginity by force
(UNAIDS,2006)

6. DEFINITION
• It is harm that is perpetrated to a person against his
/her will
• It has negative impact on the physical,
psychological development or health of the
person,
• It refers to violence that targets individuals or
groups on the basis of their gender, this includes
acts that inflict physical, mental, or sexual harm.
• Women and girls are more vulnerable compared to
their male counterparts

7. RESPONSE TO GBV
VAW is “…any act of gender based violence that
results in, or is likely to result in, physical, sexual
or psychological harm or suffering to women…”
SOCIETY COMMUNITY RELATIONSHIP
INDIVIDUAL
PERPETRATOR
- Being male
- Witnessing marital violence as a
child
- Absent or rejecting father
- Being abused as a child
- Alcohol use
- Marital conflict
- Male control of wealth and
decision-making in the family
- Poverty, low socioeconomic status,
unemployment
- Associating with delinquent peers
- Isolation of women and family
- Norms granting men control over female
behaviour
- Acceptance of violence as a way to
resolve conflict
- Notion of masculinity linked to
dominance, honour or aggression
- Rigid gender roles
ECOLOGICAL MODEL OF FACTORS ASSOCIATED WITH INTIMATE PARTNER VIOLENCE

8. GBV HAS SEVERE HEALTH IMPACTS
• Violence during Pregnancy
• Intimate partner violence prevalence of 4-15%
during pregnancy
• Leading cause of death among pregnant women
may be homicide
• Violence and HIV/AIDS
• Forced sex is correlated to HIV risk
• Victims of violence tend to engage in behaviors
that put their health at risk
• Proposing condom use may increase women’s risk
of violence
• Disclosing HIV status may increase risk of violence

9. SOCIAL COSTS OF GBV
• Reflected in economic and health costs
• Effects on school attendance and
performance
• Decline in health status and quality of life
• Intergenerational effects of violence
• Reduced civic/community participation
• Culture of violence

10. SOCIAL COSTS OF GBV
• Reflected in economic and health costs
• Effects on school attendance and
performance
• Decline in health status and quality of life
• Intergenerational effects of violence
• Reduced civic/community participation
• Culture of violence
• Psychological trauma ….etc

11. CONSEQUENCES OF GBV
Non fatal outcomes
• Physical health outcomes
• Injuries from lacerations and fractures
• Unwanted pregnancies
• Gynecological problems
• STD’s including HIV
• Miscarriage
• Pelvic inflammatory diseases
• Headaches
• Permanent disabilities
• Asthma
• Irritable bowel syndrome
• Self injurious behaviors (smoking, unprotected sex)

12. MENTAL HEALTH OUTCOMES
• Depression
• Fear
• Anxiety
• Low self esteem
• Sexual dysfunction
• Eating problems
• OCD
• PTSD

13. FATAL OUTCOMES
• Suicide
• Homicide
• Maternal death
• HIV/AIDS

14. CORE CONCEPTS OF GBV
• GENDER AND SEX
• HUMAN RIGHTS
• CONSENT
• VIOLENCE
• USE OF FORCE
• COERCION
• ABUSE
• POWER
• HARM

15. GENDER VS. SEX
• SOCIAL
• UN-NATURAL
• ACQUIRED
• CULTURE SPECIFIC
• CHANGEABLE
• BIOLOGICAL
• NATURAL
• INBORN
• UNIVERSAL
• UNCHANGEABLE
(Roles)

16. HUMAN RIGHTS
• Right to life
• Freedom from
discrimination
• Freedom from torture,
cruel, inhuman or
degrading treatment
• Right to property
• Right to health-including
reproductive health and
emergency health
treatment
• Right to education
• Right not to be forced into
any cultural rites or
practices
• Right to equality in
marriage
• Equal access to justice

17. GBV CAUSES
• Gender inequality
• Attitudes of disrespect- especially towards
women and girls
• Assumptions about behaviour of men and
women
• Desire for power and control
• Politics- a weapon of ethnic cleansing
• Traditional tensions
• Religious beliefs
• Alcohol and drug abuse
• Lack of a capable legal system- Impunity

18. TRIGERS
• Idling
• Personal frustrations
• Peer pressure
• Drug abuse /alcoholism
• Criminal scenes and environments.

19. GBV AS A HUMAN RIGHTS VIOLATION:
What Perception does GBV then entail:
 All acts related to GBV are regarded as inhuman , cruel and
degrading on ones integrity and dignity.
 Once the act occurs a persons reputation is lost, negating the
aspect of respecting laid out values, Morals and norms of
society.
What are Some of the causes of GBV:
 Poverty : its played a central role in frustrating and
necessitating violence.
 Drugs: Harmful drugs that are abused
 Culture: negative traditional practices : retrogressive in nature
 Illiteracy : lack of knowledge and advantage taken over on
this
 In Adequate protective mechanisms etc

20. MAIN ACTORS IN GBV
• GBV networks
• Community – CBO’s, Youth, FBO’s etc
• Law enforcers.
• Civil Society Organizations.
• Local administration.
• HCP’s and medical institutions.
• CHEW’s, PHO’s, CWH’s
• Community leaders
• Opinion Leaders

21. GAPS AND CHALLENGES
• Access challenges especially for services e.g. legal,
police and medical services.
• System friendliness and attitudes of the public.
• System insufficiency in terms of delivery of services
timely. Longevity of cases.
• Lack of information dissemination.
• Short cuts to dues process.
• Few post SGBV options.
• Lower levels of reporting.
• Withdrawal of cases.
• Poor follow up of cases
• Judiciary lenience's

22. REASONS FOR NOT REPORTING
• Stigma
• Powerlessness
• Traumatic sexualization
• Not wanting to relive the event
• Fear of conflict
• Social embarrassment
• ‘Compensation’ from perpetrator
• Threats from the perpetrator

23. FORMS OF GBV
• Sexual Violence
• Physical Violence
• Emotional and Psychological Violence
• Harmful Traditional Practices and
• Socio-Economic Violence.

24. SEXUAL VIOLENCE
Rape and Marital Rape: (kubaka)
• The invasion of any part of the body of the
victim or of the perpetrator with a sexual
organ, or of the anal or genital opening of the
victim with any object or any other part of the
body by force, coercion, taking advantage of
a coercive environment, or against a person
incapable of giving genuine consent (Sexual
Offences Act, 2006)
Defilement and Incest: (kunajisi)
• Any act where a child is used for sexual
gratification. Any sexual relations or interaction
with a child. In the Children Act, a child is
defined as any person under the age of 18
years.

25. CONTD…
• Sexual Exploitation:
Any abuse of a position of vulnerability,
differential power, or trust for sexual
purposes.
• Gang Rape: raped by more than one person
• Attempted Rape : Attempted
forced/coerced intercourse where there is
no penetration.

26. DEFILED BY A GANG- MTOTO
ALIYENAJISIWA

27. .
Sexual Abuse/harassment:
• Actual or threatened physical intrusion of a sexual
nature, including inappropriate touching, by force
or under unequal or coercive conditions

28. SEXUAL HARRASMENT PT1

29. SEXUAL HARRASMENT PT2

30. SEXUAL HARRASMENT PT3

31. PHYSICAL VIOLENCE
Physical Assault:
• Beating, punching, kicking, biting,
burning, maiming or killing, with or without
weapons; often in combinations with
other forms of sexual and gender-based
violence.

34. PHYSICAL VIOLENCE PT1

41. EMOTIONAL AND
PSYCHOLOGICAL
• Abuse/Humiliation: Non-sexual verbal abuse
that is insulting, degrading, demeaning;
compelling the victim/survivor to engage in
humiliating acts, whether in public or private;
denying basic expenses for family survival.
• Confinement: Isolating a person from
friends/family, restricting movements,
deprivation of liberty or obstruction/restriction
of the right to free movement.

43. HARMFUL PRACTICES.
• Female Genital Mutilation (FGM):
Kupasha tohara kwa wasichana
ukeketaji
• Cutting of genital organs for non-medical
reasons, usually done at a young age

44. HTP.PT2

45. HARMFUL TRADITIONAL PRACTICES
PT1

46. HTP PT3

47. OTHERS
• EARLY MARRIAGES – ndoa za mapema
• WIFE INHERITANCE – kurithi wanawake wajane
• INFANTICIDE/NEGLECT – kuua mtoto mchanga
• DENIAL OF EDUCATION – kutompeleka mtoto shule
• CHILD TRAFFICKING – uuzaji wa watoto /biashara
haramu ya kuuza watoto

48. SUMMARY
• GBV DEFINITION
• CORE CONCEPTS OF GBV
• FORMS OF GBV
• CAUSES AND EFFECTS

50. THANK YOU

51. GBV RESPONSE
LEGAL PERSPECTIVE
MICHAEL GAITHO

52. Kenya has various laws and policies on gender-
based violence, including;
1. Inheritance rights policies,
2. Marriage and divorce laws,
3. Domestic and sexual violence laws,
4. Laws around cultural practices such as female
genital mutilation (FGM) and early marriage.
5. Registry for sexual offenders – recent
development, 24TH April 2012 (TFSOA)
SOA –
The aim of the Sexual Offences Act is to explain
sexual offences and make ways to prevent and
protect all persons from illegal sexual acts.

53. LEGAL INSTRUMENTS
• The Constitution of Kenya
• Children’s Act No.8 of 2001
• Sexual Offences Act 2006

54. • RAPE
• ATTEMPTED RAPE
• GANG RAPE
• SEXUAL ASSAULT
• INDECENT ACTS
• CHILD TRAFFIKING
• INCEST
• SEXUAL HARRASMENT
• 10 years or life
• 5 years or life
• 15 years or life
• 10 years or life
• Child- 10yrs, adult – 5
yrs, 50K or both
• 10 years , 2M for a
company
• 10 years or life
• 3 years, 100K or Both
FORMS PENALTY

55. • TRANSMITTING HIV
DELIBERATELY
• DEFILEMENT
• 11years and below
• 12-15 years
• 16-18 years
• 15 years or life
• Life imprisonment
• 20 years in jail
• 15 years in jail
FORMS PENALTY

56. FALSE ALLEGATIONS
• Any person who makes false allegations
against another person to the effect that the
person has committed an offence under this
Act is guilty of an offence and shall be liable to
punishment equal to that for the offence
complained of.
PERSONS WITH DISABILITY
• Committing rape, defilement, or any indecent
act within the view of a family member, a child
or a person with mental disabilities is an
offence that attracts a penalty of not less than
10 years imprisonment.

57. REASONS FOR NOT REPORTING
• Stigma
• Powerlessness
• Traumatic sexualisation
• Not wanting to relive the event
• Fear of conflict
• Social embarrassment
• ‘Compensation’ from perpetrator
• Threats from the perpetrator

58. REPORTING GUIDELINES
• All acts of violence should be reported
• Records should be accurately recorded, according
to the victim’s words
• Once reported,
• Perpetrator should be tried in court and
convicted according to the law.
• Perpetrator and survivor should be educated
and counseled.
• Victim should be provided with support from
the community, the law, the family.

59. WHAT INFORMATION IS NEEDED
• Victim’s statement
• Any Eyewitnesses?
• Relatives, friends and neighbours
• Hospital and medical reports
• Police reports (OB, P3, Statement)
• Evidence that has been preserved, weapon, clothing,
photographs of injuries, used condom.

60. JUSTICE
• Fight for justice
• A large percentage of the healing comes from
gaining justice for what happened.
• Helps the survivor know the violence is being
addressed when the case it is moving along.
There's a process for action and their ordeal has
not been ignored.
• Being actively involved in what is going on
keeps them occupied and they use their time
constructively.

61. WHAT VICTIMS NEED
• Create Social network
• Have sustainable Social support
• Psychological support from a professional
• Justice for violence meted against them
• Safe shelter pending justice

62. REFERRALS /NETWORKING
• Child abuse 116
• Sexual and physical violence 1195
• MSF 0711 400 506 , GVRC
• KWCWC – see our brochures
• WRAP – women rights awareness program:
0722 252 939
• Nearest Chiefs office’s
• CPU – Children’s protection unit

63. PROBONO SERVICES
• NALEAP (National Legal Aid program)
• CREAW
• FIDA
• COVAW
• WRAP
e.t.c