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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
B
PLANNING THE INVESTIGATION
dimension of the human rights situation and
violations and does not exclude key concerns
that particularly or differently affect persons of a
particular sex or gender.
A number of key issues should be addressed at
the beginning of the investigation:
Narrowing the scope of the investigations to
one particular type of human rights violation can
render invisible the experience of women and
girls, in particular in contexts where particular
rights seem to be mainly exercised by men. For
example, in some contexts it is mostly men who
exercise their right to freedom of expression
and assembly and they may be more likely
to participate in demonstrations. As a result,
if investigations focus only on documentation
of the repression of peaceful demonstrations,
this prioritization would render invisible the
role played by women and their experiences
in this context. This could include other forms
of women’s expression or participation, the
consequences that the repression or detention
of their male relatives may have on them or the
gender dimension of the human rights concerns
that may have triggered the demonstrations in
the first place.
INTERPRETATION OF THE MANDATE
AND SCOPE OF THE INVESTIGATIONS
First, investigative teams and CoIs/FFMs should
discuss how to integrate gender into their
work in the light of their mandate and mission.
Mandates are usually broad and defined from
a geographical and/or temporal point of view,
and/or based on subject matter and/or actors.
Mandates should be interpreted as extending to
all relevant gender-related concerns, including
GBV. This follows from the general principle of
non-discrimination in international law and, for
HRC mandates, from the declaration made in
HRC resolution 23/25, para 17.
This is the time to dispel concerns about
limitations potentially posed to a gender-sensitive
investigation by the wording of the mandate and
interpretation of the scope of the human rights
analysis or the time and geographical limits of
the investigation. A gender analysis should be
integrated into the interpretation of the mandate,
and strategies in this regard should be discussed
at the outset.
Similarly, geographic prioritization can
also have an impact on gender analysis.
For example, women and girls, who are
often the majority of displaced populations,
experience differently and disproportionately
the consequences of the displacement on the
enjoyment of their human rights. This can include
lack of access to sexual and reproductive
health and rights, food or education, and
violence in internally displaced person (IDP)
and/or refugee settings, including sexual
violence. In such contexts, limiting the scope
of investigations to the events that have taken
place in one particular area or country may fail
to document the situation of those living in such
settings. This runs the risk of keeping invisible the
differentiated consequences on women and girls
of the human rights violations that have caused
their displacement. When possible, mandates
that appear to be geographically or thematically
All human rights investigations suffer constrains,
challenges and limitations, including in relation
to limited time and resources and protection
issues for victims, witness, sources and staff,
as well as the challenges presented by the
cultural and political settings. For many of
these reasons, investigation teams might not be
able to cover all areas of concern that could fit
within the mandate and must therefore perform
a prioritization exercise. A gender-sensitive
interpretation of the mandate and definition
of the scope of the investigation is critical at
this early stage to ensure that the outcome
of investigations fully considers the gender
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