16
GENDER PERSPECTIVES ON TORTURE: Law and Practice
violence may order inadequate restitution because s/he fails to understand the scope of the harm.
The Justice Institute Model ensures that judges and other training participants will have the requi
site knowledge to provide adequate restitution.
By bringing together individuals from social service sectors with government actors, the Justice
Institute helps rehabilitate survivors of gender-based violence by improving legal and social ser
vices. When these actors work together, access to resources increases for victims. Any increase in
empathy of service providers increases comfort levels for victims to utilize the services. Creating
this comfort creates real opportunities for victims to pursue rehabilitation services, thus giving
States the ability to provide reparations through rehabilitation.52
The Justice Institute particularly affects reparations by improving a State’s ability to provide sat
isfaction and guarantees of non-repetition. Satisfaction may not always be something that victims
of gender-based violence want because of the shame and self-blame associated, however, where
victims want a public venue for the disclosure of truth, it is integral that courts provide access to
justice for victims. As discussed above, this access is often impeded by bias and misunderstanding
of gender-based violence, something that the Justice Institute directly addresses.
Perhaps the most significant category of reparation that the Justice Institute impacts is the guar
antee of non-repetition. Here, a State guarantees that it will take measures to prevent the act of
gender-based violence the victim suffered through. By training government actors in a holistic and
thorough manner, the Justice Institute helps the State develop protocols and other measures that
improve its practical response to gender-based violence along with challenging attitudes amongst
participants that may help prevent this violence from happening in the future.
Prevention. The most difficult element of due diligence is prevention. The impact of a preven
tion method is difficult to assess because a community may experience less gender-based violence
after the implementation of a prevention method, however, the cause of a decrease cannot always
be linked to the specific method. Despite the difficulty of drawing a causal link, good preven
tion methods often combine awareness of gender-based violence, knowledge of services, and legal
protection after an incident.53 Some successful prevention programs include family violence ini
tiatives, gender-sensitive education, and legal literacy programs.54 These programs aim to create
networks and active partnerships between various stakeholders empowering those stakeholders
to create awareness of the issues facing victims of gender-based violence. This is something the
Justice Institute successfully does by linking people together who often create long term rela
tionships and help each other create awareness campaigns and other programs that help bring
attention to gender-based violence. These partnerships last long after the duration of the Institute,
facilitating opportunities for States to fulfill the prong of their due diligence obligation to prevent
gender-based violence.
52
See generally, Katie L. Pummell, Empathetic Cops: The Impact on Victims of Domestic Violence 164 (2017) (Senior
Honors Thesis, The College at Brokport), available at: http://digitalcommons.brockport.edu/honors/164;
see also Rebecca Campbell, The community response to rape: Victims’ experiences with the legal, medical, and mental
health systems, 26(3) American Journal of Community Psychology 355-379 (1998); see also W. David Allen, The
reporting and underreporting of rape, 73(3) Southern Economic Journal 623-641 (2007).
53
See Abdul Aziz and Moussa, supra note 6 at 13.
54
See id. at 11-12.
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