The challenges for effective recognition by the state for victims of sexual and gender-based violence: A study of the similarities between Guatemala and Belgium

Abstract

For over 50 years, international laws have demanded the implementation of victims’ rights and their active participation as actors and not only passive subjects dependent on the actions and decisions of the justice system professionals. However, in practice, female victims of sexual and gender-based violence oftentimes have difficulty obtaining recognition by the State. Specifically, this article will examine the similarities for victims of conflict-related sexual violence in Guatemala and trafficking for sexual exploitation in Belgium. The study is based on interviews with professionals in Belgium and Guatemala regarding their experiences accompanying female victims of sexual and gender-based violence during judicial procedures. It discusses their struggle to obtain State recognition and examines their views with respect to the different challenges faced by victims and efforts to overcome these challenges. We will look at four different contexts: (1) Family and community; (2) Socio-cultural context; (3) Agency and education; and (4) Political context. Suggestions are discussed for policy, practice, and research.