14
GENDER PERSPECTIVES ON TORTURE: Law and Practice
bined with a gender-sensitive approach can lead to higher reporting rates, allowing for greater
accountability.46
V. How the Justice Institute Could Help States Move Toward Fulfilling Their
Due Diligence Obligations
Developing a holistic and systemic process that ensures the protection, prosecution, punishment,
provision of reparations for victims, and prevention of gender-based violence requires a State to
take a thorough and intentional approach. States must develop laws and systems to address gen
der-based violence, and these laws and systems must be utilized fully and properly. To utilize the
systems that States put in place, State actors must understand the nature of gender-based violence
and the resources available to combat it. The Justice Institute provides a State with the ability to
develop these capacities, helping law enforcement, prosecutors, judges, social workers, advocates,
and other important stakeholders with the ability to train with highly-skilled and experienced
instructors and peers who have the common goal of combatting gender-based violence in their
communities.
Protection. A means of secondary prevention, protection aims to stop the re-occurrence of gen
der-based violence. Perpetrators must be stopped from violating victims repeatedly, a cycle that
not only re-victimizes the individual victim, but also creates a culture of impunity for perpetra
tors of gender-based violence. Access to medical and counseling services is one way of providing
protection to victims, as these measures sometimes offer victims options to change their circum
stances and avoid re-victimization.47 This protection, however, is ineffective if individuals provid
ing resources are untrained. Trainings that allow government social service providers to effectively
support victims are essential to fulfilling the protection prong of due diligence.
All trainings, however, are not sufficient to create effective support for victims. Without highly-skilled and experienced trainers, for example, some trainings fail to establish credibility amongst
participants, and therefore to establish long term or substantial changes. The methodology of the
Justice Institute Model addresses the gaps that many trainings fail to address. By teaching partici
pants about the specific laws that victims of gender-based violence can utilize while also address
ing attitudinal and cultural biases, the Justice Institute allows for all levels of State actors to provide
sustained and effective support and protection to victims.
Training government actors also ensures that the protection provided by a State is accessible to
victims. It is not enough that States pass laws or create services. In order to fulfill the due diligence
standard to protect, these laws and services must be accessible—impossible if law enforcement,
prosecutors, judges and other actors lack knowledge or carry misunderstandings or biases.48
Prosecution. The investigation and prosecution of gender-based violence is required for States
to meet its due diligence obligation. This helps increase victim’s trust in systems with the hopes
that they will report the violence they have experienced. Investigations must be prompt and impar
46
See generally, Lenahan (Gonzales) et. al v. United States, Case 12.626, Inter-Am. Comm’n H.R., Report No.
80/11, OEA/Ser.L./V/II.98, doc. 7 rev. (2011).
47
Other modes of providing protection to victims of gender-based violence is through the provision of
shelters, hotlines, programs leading to housing and financial independence
48
Lenahan (Gonzales) et. al v. United States, Case 12.626, Inter-Am. Comm’n H.R., Report No. 80/11, OEA/
Ser.L./V/II.98, doc. 7 rev. ¶ 122-6 (2011).
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