I
experiences to be analysed.30 The findings
of the mapping should inform legal analysis
of the legal framework and ensure that
deficiencies in the laws are discussed in the
report and its recommendations;
I N T E G R AT I N G A G E N D E R P E R S P E C T I V E I N T O H U M A N R I G H T S I N V E S T I G AT I O N S • G U I D A N C E A N D P R A C T I C E
violence should be seen within the larger context
of any pre-existing inequalities.
Example
• Identify protection gaps that might create
obstacles for the reporting of some violations.
For instance, the fear of prosecution due to
the criminalization of homosexuality or samesex sexual relationships or the criminalization
of adultery might inhibit the reporting of
rape by both male and female victims and
survivors;
“Transactional sex and prostitution are also
rife … as women voluntarily submit to men
for food, money, travel or to avoid a fine or
other punishment. These activities, driven by
the need for survival by vulnerable persons,
are the consequence of the structural
problem of food shortage and gender
discrimination. Such structural problems are
also major contributing factors to the high
levels of trafficking in women and girls.”
(A/HRC/25/CRP.1, para. 320)
• Consult recommendations and country
reports by relevant human rights mechanisms
such as: the Committee on the Elimination
of Discrimination against Women (CEDAW
Committee);31 the Committee on Economic,
Social and Cultural Rights (CESCR); the
Committee against Torture (CAT); the
Human Rights Committee; the Committee
on the Rights of the Child (CRC); the special
procedures, for example, the Special
Rapporteur on violence against women,
its causes and consequences, the Special
Rapporteur on trafficking in persons,
especially women and children and the
Special Rapporteur on the human rights
of internally displaced persons; and the
Working Group on the issue of discrimination
against women in law and in practice
(WGDAW); as well as information provided
by the OHCHR’s field presences, Gender
Advisers, United Nations agencies and
entities, non-governmental organizations and
other sources.
In order to understand the context, the team
might choose to:
• Map the human rights situation of women,
men and others in the country by surveying
open source materials and gain an overview
of the legal, economic, political, cultural and
social challenges women, men and others
face. Pay attention to intersecting forms of
discrimination based on ethnicity, national
origin, sexual orientation, gender identity,
class and other status. Map the relevant
actors/perpetrators and their roles, power/
influence, needs and interests;
• Map any explicit or implicit, direct or
indirect discriminatory norms or provisions
contained in the national constitution or
legislative and customary laws and policies.
Protection gaps, as well as legal, social and
economic barriers to access to justice, in fact
have a direct bearing on women and men’s
For additional material on women’s access to justice and
SGBV in the context of transitional justice, see
A/HRC/27/21 and CEDAW general recommendation
No. 33 (2015).
30
Country reports to the CEDAW Committee are available at
https://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/
Countries.aspx.
31
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