• Review leaders’ public statements to
determine whether they comply with the
obligation to condemn all kinds of GBV
and do not use a derogatory narrative that
perpetuates harmful gender stereotypes that
condone – or even incite – violence;
that they are protected when engaging
with judicial mechanisms, including
protective orders, injunctions, guarantees
of confidentiality, etc. They should also
have access to adequate information and
comprehensive medical treatment, mental
health care and psychosocial support;
• Analysing whether reported crimes and
allegations of violations and abuses are
investigated, prosecuted and punished and
that reparations were effectively granted and
provided to victims;
• Examining whether there have been any
efforts to raise awareness among victims
about their right to reparations.40 A State
could, for example, establish programmes
for reparations and assistance to victims
and survivors of GBV. Where reparations
programme were established, consider
whether the State adequately and widely
consulted with victims when establishing it;41
• Examining whether there is impunity for
GBV and trying to understand the causes of
impunity. This may include a lack of will, a
lack of resources and human capacity in the
judicial system to handle claims, a lack of
independence of the judiciary or protection
of perpetrators by state institutions, a lack
of understanding of duty bearers, and
the prevalence of gender stereotypes and
patriarchal societal norms that minimize
the importance of crimes against women
and GBV more generally. Underreporting
may also be explained by victims’ fear
and reluctance to engage with the justice
system, a lack of protection measures or
psychosocial support, accessibility barriers
or limited awareness of available complaint
mechanisms;
• Investigating whether there are alternative
dispute resolution processes that discriminate
against women, established by law or by
local customary practices. For example,
informal justice systems such as traditional,
customary, tribal or religious systems might
not comply with international human rights
standards, and may prove to be an obstacle
to ensuring protection and redress for victims
and survivors of GBV. Additionally, they
might face pressure from their families and
community to accept an out-of-court settlement
with the perpetrator.
• Considering whether the officials involved
in the administration of justice, including
prosecutors, lawyers, police and judges,
understand the sensitivities surrounding
violations of women’s rights or of LGBTI
persons’ rights. For example, gendersensitive practices (e.g. the use of female
police officers, choice of the time and
location of interview so as not to expose
women, etc.) should be employed in
investigations of GBV. Legal aid should
be available and accessible to victims
and survivors of GBV, particularly those
belonging to disadvantaged populations.
Victims and witnesses should be able
to access safeguards in order to ensure
For more extensive guidance on redress and reparations, see
CEDAW general recommendation No. 33 (2015).
40
For policy and operational guidance on engaging/
supporting reparations initiatives, see Guidance Note of the
Secretary-General: Reparations for Conflict-Related Sexual
Violence, June 2014.
41
31
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