Introduction
Gender-based violence (GBV) is a profound violation of human rights and a pressing public health issue. Survivors often face barriers in accessing both medical care and justice, which can compound trauma and perpetuate cycles of violence. A model legislative framework for medico-legal management seeks to bridge healthcare and law, ensuring survivors receive timely treatment, forensic documentation, and legal support in a manner that respects dignity and promotes justice.
Definitions and Scope
The legislation defines GBV broadly to include physical, sexual, psychological, and economic harm directed against individuals based on gender. Survivors are recognized as anyone subjected to such violence who seeks medical or legal assistance. Medico-legal management is understood as the coordinated process of medical treatment, forensic evidence collection, and legal referral. Healthcare providers include doctors, nurses, and allied professionals, while forensic evidence encompasses biological, physical, or digital material collected for judicial use.
Rights of Survivors
Survivors are guaranteed immediate, free, and confidential medical care. Informed consent is required before any medical or forensic procedure, and survivors must be treated with dignity, privacy, and non-discrimination. Access to psychosocial support and counseling is recognized as a fundamental right, ensuring that care extends beyond physical treatment to emotional recovery.
Duties of Healthcare Providers
Healthcare providers are obligated to deliver emergency treatment without delay, regardless of whether the survivor has reported the incident to police. They must conduct forensic examinations according to standardized protocols, document findings in medico- legal reports admissible in court, and maintain strict confidentiality. Providers are also responsible for referring survivors to legal and social support services, ensuring a holistic response.
Forensic and Legal Procedures
Forensic evidence may only be collected with survivor consent and must be stored securely to prevent tampering. Medico-legal reports should be transmitted to law enforcement and
judicial authorities within a defined timeframe to avoid delays in prosecution. Survivors cannot be compelled to undergo forensic procedures against their will, and courts must recognize medico-legal reports prepared under this Act as valid evidence. Hospitals are required to establish specialized medico-legal units that coordinate directly with police and prosecutors.
Institutional Responsibilities
The Ministry of Health must establish national guidelines for medico-legal management of GBV, while hospitals must designate trained personnel and facilities for response. Law enforcement agencies are required to collaborate with healthcare providers to ensure survivor-centered investigations, and judicial authorities must prioritize GBV cases with survivor-friendly procedures. A national registry of GBV cases should be maintained for monitoring and policy development, with strict safeguards for confidentiality.
Training and Capacity Building
Mandatory training programs must be introduced for healthcare providers, police officers, and judicial staff, focusing on gender sensitivity, medico-legal documentation, and survivor rights. Continuous professional development programs should update skills in forensic medicine and trauma-informed care, ensuring professionals remain equipped to handle evolving challenges.
Accountability and Oversight
Compliance with the legislation is enforceable through disciplinary and legal action. Independent oversight committees must monitor implementation and report annually to Parliament. Survivors retain the right to file complaints against misconduct or negligence, ensuring transparency and responsiveness in the system.
Funding and Resources
Governments must allocate dedicated funds for medico-legal units, forensic laboratories, and survivor support services. International cooperation and donor support may be sought to strengthen infrastructure and training. The Act overrides any conflicting provisions in existing laws and comes into force within a specified period after publication.
Conclusion
This model legislation provides a comprehensive medico-legal framework for managing gender-based violence. By guaranteeing survivor rights, standardizing forensic procedures, and strengthening institutional accountability, it creates a survivor-centered system that upholds dignity, delivers timely care, and ensures access to justice. The ultimate goal is to bridge healthcare and law, ensuring that survivors of gender-based violence receive both medical protection and legal redress in a manner that is humane, efficient, and just.
