Integrating A Gender Perspective Into Human Rights Investigations

This publication provides practical guidance on the integration of a gender perspective throughout the work of investigative bodies or entities, from the planning phase to the investigations and to writing the report and presenting its findings. It should be read in conjunction with existing OHCHR guidance in the Manual on Human Rights Monitoring and Commissions of Inquiry and Fact-finding Missions on International Human Rights and Humanitarian Law: Guidance and Practice. The publication specifically aims to strengthen the content of human rights reports in order to accurately depict the different experiences of women, men, girls and boys. It is primarily aimed at United Nations Human Rights Officers, especially those performing investigative functions, including with CoIs/FFMs. It may also be used as a reference material for the human rights monitoring, analysis and reporting performed by OHCHR field presences or as part of peace operations mandated by the Security Council and overseen, managed and supported by OHCHR. States Parties, regional mechanisms, national human rights institutions, national commissions of inquiry, civil society organizations and others could also benefit from guidance on how to integrate a gender perspective into monitoring and investigating human rights violations and abuses.

This publication provides practical guidance on the integration of a gender perspective throughout the work of investigative bodies or entities, from the planning phase to the investigations and to writing the report and presenting its findings. It should be read in conjunction with existing OHCHR guidance in the Manual on Human Rights Monitoring and Commissions of Inquiry and Fact-finding Missions on International Human Rights and Humanitarian Law: Guidance and Practice. The publication specifically aims to strengthen the content of human rights reports in order to accurately depict the different experiences of women, men, girls and boys. It is primarily aimed at United Nations Human Rights Officers, especially those performing investigative functions, including with CoIs/FFMs. It may also be used as a reference material for the human rights monitoring, analysis and reporting performed by OHCHR field presences or as part of peace operations mandated by the Security Council and overseen, managed and supported by OHCHR. States Parties, regional mechanisms, national human rights institutions, national commissions of inquiry, civil society organizations and others could also benefit from guidance on how to integrate a gender perspective into monitoring and investigating human rights violations and abuses.

This publication provides practical guidance on the integration of a gender perspective throughout the work of investigative bodies or entities, from the planning phase to the investigations and to writing the report and presenting its findings. It should be read in conjunction with existing OHCHR guidance in the Manual on Human Rights Monitoring and Commissions of Inquiry and Fact-finding Missions on International Human Rights and Humanitarian Law: Guidance and Practice. The publication specifically aims to strengthen the content of human rights reports in order to accurately depict the different experiences of women, men, girls and boys. It is primarily aimed at United Nations Human Rights Officers, especially those performing investigative functions, including with CoIs/FFMs. It may also be used as a reference material for the human rights monitoring, analysis and reporting performed by OHCHR field presences or as part of peace operations mandated by the Security Council and overseen, managed and supported by OHCHR. States Parties, regional mechanisms, national human rights institutions, national commissions of inquiry, civil society organizations and others could also benefit from guidance on how to integrate a gender perspective into monitoring and investigating human rights violations and abuses.

Reparation programs seeking to provide for victims of gross and systematic human rights violations are becoming an increasingly frequent feature of transitional and post-conflict processes. Given that women represent a very large proportion of the victims of these conflicts and authoritarianism, it makes sense to examine whether reparation programs can be designed to redress women more fairly and efficiently and seek to subvert gender hierarchies that often antecede the conflict. Focusing on themes such as reparations for victims of sexual and reproductive violence, reparations for children and other family members, as well as gendered understandings of monetary, symbolic, and collective reparations, this text gathers information about how past or existing reparation projects dealt with gender issues, identifies best practices to the extent possible, and articulates innovative approaches and guidelines to the integration of a gender perspective in the design and implementation of reparations for victims of human rights violations.

In Gender-Sensitive Norm Interpretation by Regional Human Rights Law Systems Maria Sjöholm examines the jurisprudence on gender-based harm in the European, Inter-American and African regional human rights law systems, from the viewpoint of feminist legal methods and theories.--

United Nations Commissions of Inquiry (CoIs), Fact-Finding Missions (FFMs) and similar complex human rights investigations are regularly, and with increasing frequency, called upon to “identify those responsible” for violations and crimes falling within their mandate. Yet identifying responsible parties poses complex legal and methodological challenges. Despite variations in mandate language, applicable legal regimes, political context, membership, timing and budgets, the practice of CoIs, FFMs and similar complex investigations is developing in this area. OHCHR has a wealth of institutional experience in human rights field investigations where the identification of allegedly responsible individuals is a regular feature. This guidance draws upon that practice and presents it together with a discussion on key policy issues, namely the collection and analysis of information on responsible individuals, and the legal and investigative challenges involved; and the management of information once collected, including maximizing its use (by reporting, sharing and safeguarding it). The publication builds on OHCHR’s existing guidance and practice for CoIs, FFMs and other investigations and sets out both the minimum steps that all investigative bodies should complete as well as additional measures that can and should be taken where feasible. This information is complemented by Recommendations or a Summary of key guidance on the points raised.

Seeing the role of transitional justice as an area of contestation, this book focuses on the principle of equality guaranteed in the access to transitional justice mechanisms. By raising women's experiences in dealing with the law and policies as well as the implications of community and family practices during post-conflict situations, the book shows how these mechanisms may have been implemented mechanically, without considering the different intersections of discrimination, the public and private divides that exist in the local context or the stereotypes and values of international and national actors. The book argues that without unpacking the barriers in the administration of transitional justice, the different mechanisms that are implemented in a post-conflict situation may set a higher threshold for the participation of women. Moreover, by taking into account women's perceptions of justice, it further argues that scholars have paid insufficient attention to the welfare structures that are produced after a conflict, particularly the pensions of veterans. Going beyond the focus on sexual violence, a relationship between the violations and post-conflict economic justice may have longer-term consequences for women since it perpetuates their inequality and lack of recognition in times of peace. The use of transitional justice may thus exacerbate the invisibility of and discrimination against certain sections of the population. Inspired by the work of Hannah Arendt and based on extensive field research in Timor-Leste, the book has larger implications for the overarching debate on the social consequences of transitional justice.