Summary

In the present report, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Tlaleng Mofokeng, sheds light on who is seen as a victim of violence, with emphasis on the violence experienced by women, children and non-binary people and on conflict-related sexual violence and structural violence. She adopts a substantive equality approach and analyses violence and its impact on the right of everyone to the highest attainable standard of physical and mental health within intersectional, anti-racism and anti-coloniality frameworks.

In seeking to end and respond to violence she proposes an intersectional, nondiscriminatory and gender (non-binary) approach that understands gender-based violence as a phenomenon that includes matters of sexuality, and violations against persons on the basis of their real or imputed sexual orientation, gender identity and sex characteristics. She underscores that a non-binary approach to gender and gender-based violence is well-rooted in international human rights law.

The Special Rapporteur also clarifies the legal obligations that arise under the right to health framework in addressing violence and reports on examples of responses, with a focus on good practices.