Conclusions and recommendations
77. Disregarding the critical role of circumstances surrounding women’s and girls’ consent can result in justifying various and continued forms of violence against them. When consent is decontextualized and treated merely as a formalistic “yes/no” checkbox, particularly in exploitative contexts such as pornography, prostitution, and surrogacy, it obscures the realities of power imbalances, psychological and economic pressures, and exploitation, contributing to the objectification of women and girls. It also creates false justification for state inaction and results in impunity, which encourages further violations. As the situations and practices described in this report relate to the most fundamental and intimate aspects of one’s life, the suffering and harm experienced will be life-changing and often irreversible.
78. There is evidence that the incorporation of an affirmative consent-based definition has, to some extent, enhanced the criminal justice response to some forms of violence against women and girls, particularly sexual violence. However, it failed to fully reach its goal. Consent, as currently framed, is an inadequate tool because it fails to account for how gendered power structures shape women’s subordination to men and places an undue burden on victims to prove violence.
79. In view of the above, the Special Rapporteur recommends the adoption and implementation of the “contextualized consent” model, which offers the most comprehensive framework for assessing all relevant circumstances and factors that must inform the interpretation of consent under international human rights law. This model is aimed at providing clear standards for establishing consent and investigating coercive circumstances, thereby promoting both fair trials for the accused and improved access to justice for victims, including through shifting the focus to the perpetrator’s actions rather than the victim’s behavior.
Source: consent-guidance-document.pdf