Nation in Pain: Examining Human Rights Violations Through the Lens of Gender-Based Violence

Introduction  

South Africa has classified Gender-Based Violence (GBV) as a national disaster, a decision prompted by ongoing protests and increasing public demand for accountability.^[1]Every day, women, children, and LGBTQIA+ individuals experience violence that reflects deep structural inequalities and widespread impunity.^[2]Although GBV is often viewed as a criminal or social issue, it must also be recognized as a significant human rights violation that undermines the constitutional promises of dignity, equality, life, and security. The current GBV protests demonstrate the growing frustration among communities who feel unprotected by the very systems that are meant to safeguard them.^[3] This national mobilisation underscores the urgent need to understand GBV not merely as individual acts of harm but as evidence of systemic failures within state institutions.^[4]This blog examines South Africa’s GBV crisis through a human rights lens, exploring how violence against vulnerable groups reflects broader societal injustices. It argues that meaningful change requires recognising GBV as a human rights emergency that demands coordinated action from the government, communities, and civil society.

Understanding GBV as a Violation of Human Rights  

GBV is violence committed against a person because of their sex or gender, involving the act of forcing another individual to do something against their will through violence, coercion, threats, deception, cultural expectations, or economic means. ^[5]GBV constitutes a grave infringement of human rights and poses a significant threat to health and safety.^[6] The

Universal Declaration of Human Rights affirms the entitlement to life, freedom, and personal

security,^[7] while the Convention on the Elimination of All Forms of Discrimination Against Women mandates that countries take action to prevent, investigate, and penalize occurrences of gender-based violence.^[8] At the regional level, the African Charter on Human and Peoples’ Rights strengthens the safeguarding of women and vulnerable groups from violence.^[9] South Africa’s Constitution also ensures equality, dignity, and personal security, underscoring the state’s obligation to protect all its citizens. ^[10]Recognising GBV as a violation of human rights shifts the emphasis from individual actions to systemic accountability. It underscores that violence is not just a personal or societal issue but rather a violation of state obligations to uphold fundamental rights. As a result, institutions have a responsibility to prevent, address, and remedy GBV, ensuring that survivors have access to justice, protection, and support.

The Current Status of GBV in South Africa

GBV remains a significant issue in South African universities, where institutional responses often fail to address the problem effectively. Despite having formal policies in place, the reporting processes are complicated, complaints are frequently mishandled, and harmful behaviours become normalised.^[11] This pattern of institutional betrayal often leaves survivors feeling unsupported and retraumatized by their institutions.^[12] Statistical evidence highlights the scale of GBV both globally and nationally. In South Africa, the first nationally representative study conducted by the Human Sciences Research Council found that approximately one-third of all women aged 18 and older, about 33.1% have experienced physical violence in their lifetime.^[13] Nearly 40% of women have faced physical and/or sexual violence, while around 9.8% have reported experiencing sexual violence alone.^[14]

The psychological and social impacts on communities are profound. Survivors often carry trauma and long-term mental health issues, while societal fear, distrust, and the normalisation of abuse undermine community well-being. Vulnerable groups, including women with disabilities, Black African women, older women, and LGBTQIA+ individuals, are disproportionately affected, revealing intersecting inequalities.^[15] The widespread impact of GBV is further highlighted by South Africa’s G20 Women’s Shutdown, a nationwide protest that showcases public outrage over the persistence of gender-based violence and calls for systemic change.^[16]

Root Causes of the GBV Crisis

Gender-based violence in South Africa is perpetuated by a complex web of structural, cultural, and social factors that intertwine to uphold a devastating cycle. At the heart of this crisis lies patriarchy and cultural norms that reinforce male dominance, normalising intimate partner violence and fostering environments where such abuse is overlooked. Traditional gender expectations and the societal endorsement of male control heighten women’s vulnerability, rendering them powerless against violence.^[17]The criminal justice system further complicates this issue. Ineffective enforcement, alarmingly low conviction rates, and various institutional barriers stifle reporting and diminish accountability for perpetrators. Survivors often endure stigma, disbelief, and bureaucratic delays, which only serve to perpetuate a culture of impunity.^[18]

Economic disparities and dependency also intensify this vulnerability. Many women, particularly in rural or marginalised communities, find themselves financially tethered to their partners, making it increasingly difficult to escape abusive relationships. This economic reliance traps them in a relentless cycle of violence.^[19] Silence, stigma, and victim-blaming

contribute to a culture that hinders disclosure and fosters ongoing abuse. Cultural imperatives to safeguard family reputation, coupled with fears of social ostracism, further deter survivors from seeking the help they desperately need.^[20]

Moreover, limited state resources, including inadequate shelters, counselling services, and social support systems, leave survivors isolated and without the necessary assistance to break free from their circumstances.^[21] This lack of support only reinforces vulnerability and extends the cycles of abuse. These interconnected factors culminate in a systemic issue: gender-based violence is not merely a byproduct of individual actions but is deeply rooted in societal norms, economic inequalities, and institutional failures. It calls for comprehensive, multifaceted interventions that address legal, social, and cultural dimensions to effectively combat this pervasive crisis.

Gender-based violence reflects systemic failures in human rights.

GBV in South Africa reveals deep-rooted and persistent structural weaknesses within state institutions. It highlights GBV not just as a social issue, but also as a significant failure of human rights. Research indicates that systemic patterns rather than isolated incidents shape the experiences of survivors, showing the state’s inability to fulfil its constitutional duty to protect life, dignity, and equality.^[22]

One of the most evident signs of state failure is the chronic weakness of the criminal justice system. Studies consistently highlight poor police responses, investigative delays, and alarmingly low conviction rates for sexual offenses.^[23] Survivors often face secondary trauma due to insensitive treatment, lost case files, and prolonged court proceedings, which undermine their right to effective remedies and access to justice.^[24] These institutional

shortcomings demonstrate that GBV persists not merely because of individual perpetrators, but because state systems fail to prevent, investigate, and punish violence effectively.

Intersectional inequalities further exacerbate vulnerability. Black African women, women living in poverty, LGBTQIA+ individuals, and women with disabilities experience disproportionately high levels of violence due to entrenched socio-economic and cultural marginalisation.^[25] These patterns underscore how GBV reflects larger structural inequities within South African society, where unequal access to safety, resources, and justice parallels unequal access to rights.

Therefore, GBV must be seen as a symptom of broader human rights failures, which include breakdowns in protection, accountability, and equality. Addressing GBV requires not only support for survivors but also a transformation of the state systems that continue to perpetuate harm.

[1] BBC News, South Africa Calls Gender Violence a National Disaster After Protests (Nov. 21, 2025), https://www.bbc.com/news/articles/cn979g302l9o  accessed 07 December 2025  

[2] Human Sciences Research Council, Violence Against Women in South Africa: Intersecting Vulnerabilities (Nov. 21, 2025), https://hsrc.ac.za/news/review/violence–against–women–in–south–africa–intersectingvulnerabilities/ accessed 07 December 2025 

[3] BBC News, South Africa Calls Gender Violence a National Disaster After Protests (Nov. 21, 2025), https://www.bbc.com/news/articles/cn979g302l9o  accessed 07 December 2025  

[4] Human Rights Watch, Confronting South Africa’s Crisis of Gender-Based Violence (Nov. 25, 2024), https://www.hrw.org/news/2024/11/25/confronting–south–africas–crisis–gender–based–violence accessed 07 December 2025

[5] United Nations High Commissioner for Refugees, What Is Gender-Based Violence,

https://help.unhcr.org/turkiye/services–in–turkiye/information–and–resources–on–protection–from–violence/whatis–gender–based–violence/ accessed 07 December 2025   

[6] United Nations High Commissioner for Refugees, Gender-Based Violence, https://www.unhcr.org/what–wedo/protect–human–rights/protection/gender–based–violence accessed 07 December 2025   

[7] Universal Declaration of Human Rights, G.A. Res. 217A (III), U.N. Doc. A/810 (Dec. 10, 1948).

[8] Convention on the Elimination of All Forms of Discrimination Against Women, Dec. 18, 1979, 1249 U.N.T.S.

13.

[9] African Charter on Human and Peoples’ Rights, June 27, 1981, 21 I.L.M. 58.

[10] S. Afr. Const., 1996.

[11] Jonathan Quirk & John Dugard, Gender-Based Harm in Higher Education in South Africa: Introducing the Special Issue, 40 S. Afr. J. on Hum. Rts. 1 (2024), https://doi.org/10.1080/02587203.2025.2473769.

[12] ibid

[13] Human Sciences Research Council, HSRC’s First GBV Report Pushes for Holistic, Long-Term Solutions

(Nov. 18, 2024), https://www.polity.org.za/article/hsrcs–first–gbv–report–pushes–for–holistic–long–term–solutions2024–11–18accessed 7 December 2025

[14] Hasina Gori, Nearly 40% of SA Women Face Physical and Sexual Violence: HSRC, SABC News (Nov. 18,

2024), https://www.sabcnews.com/sabcnews/nearly–40–of–sa–women–face–physical–and–sexual–violence–hsrc/accessed Dec. 7, 2025.

[15] Ibid  

[16] Women For Change, G20 Women’s Shutdown, https://womenforchange.co.za/g20–women–shutdown/ (last visited Dec. 7, 2025).

[17] Linda Mshweshwe, Understanding Domestic Violence: Masculinity, Culture, Traditions, 6 Heliyon e05334 (2020).

[18] Human Sciences Research Council, Violence Against Women in South Africa: Intersecting Vulnerabilities (Nov. 21, 2025), https://hsrc.ac.za/news/review/violence–against–women–in–south–africa–intersectingvulnerabilities/ (last visited Dec. 7, 2025)

[19] Frontiers in Psychology, Socio-Economic Determinants of Intimate-Partner Physical Violence Among Women in South Africa (Mar. 26, 2025), https://www.frontiersin.org/journals/psychology/articles/10.3389/fpsyg.2025.1499263/full (last visited Dec. 7, 2025).

[20] L.W. Naicker, Gender-Based Violence as a Pandemic: Sociocultural and Religious Factors Perpetuating Violence Against Women in South Africa, 81 HTS Teologiese Stud./Theological Stud. a10358 (2025), https://doi.org/10.4102/hts.v81i1.10358.

[21] C.J. Mabasa, G.G. Mukoma & B.S. Manganye, “We Report to Traditional Leaders, but Patriarchy Means We Rarely Win the Case”: Gender-Based Violence and Women’s Wellness in Rural South Africa, 22 Int’l J. Envtl. Res. & Pub. Health 887 (2025).

[22] Sithembiso Ndlovu et al., COVID-19 Impact on Gender-Based Violence Among Women in South Africa During Lockdown: A Narrative Review, 26 Afr. J. Reprod. Health 59 (2022).

[23] Anthony Idowu Ajayi, Elmon Mudefi & Eyitayo Omolara Owolabi, Prevalence and Correlates of Sexual Violence Among Adolescent Girls and Young Women: Findings from a Cross-Sectional Study in a South African University, 21 BMC Women’s Health 299 (2021).

[24] Lisa Vetten, Aluta Continua: Police Accountability and the Domestic Violence Act 1998, 59 S. Afr. Crime Q. 7 (2017).

[25] Niamh Reilly, Margunn Bjørnholt & Evangelia Tastsoglou, Vulnerability, Precarity and Intersectionality: A Critical Review of Three Key Concepts for Understanding Gender-Based Violence in Migration Contexts, in Gender-Based Violence in Migration: Interdisciplinary, Feminist and Intersectional Approaches 29 (2022).