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
I
when carrying out the investigation and
analysing data. Investigation teams need also
to be aware of specific standards, rules and
guidelines applying to women and girls, such
as the United Nations Rules for the Treatment of
Women Prisoners and Non-custodial Measures
for Women Offenders (the Bangkok Rules).
Example
Some CoIs/FFMs explain in detail the
methods and standards used as verification
(A/HRC/25/CRP.1, paras. 63-78), some
providing specific analysis on how standards
of proof were met in relation to sexual
violence. “For instance, for acts of sexual
violence or torture, it can be very difficult
to corroborate the allegations of the victims
with another independent source, especially
if the victim had no access to medical
assistance. In such cases, corroboration
could be obtained by evaluating the details
of the victim’s statement, its credibility,
trying to determine if it is consistent with
information available in the public domain
and establishing if the acts reveal patterns
that correspond to other similar cases.” [nonofficial translation]
(A/HRC/36/CRP.1/Rev.1, para. 28)26
SETTING THE BASIS FOR A GENDERSENSITIVE METHODOLOGY
Investigators should aim at corroborating
any given piece of information by obtaining
concurring information from two other
independent and reliable sources.25 However,
this may not always be possible, particularly
when stigma is attached to certain violations
and victims risk being marginalized by their
communities for exposing what they have
suffered, or when certain forms of violations
are committed out of sight of eye witnesses.
In such cases, applying a unified method of
verification for all violations without a gendersensitive approach may disregard or consider
as unverified certain forms of violations. Some
CoIs/FFMs have taken into consideration
differentiated factors, including gender, when
defining verification requirements, especially
for cases of torture and sexual violence. Thus,
the verification of a case may occur where a
coherent, consistent testimony from a single
primary source (e.g. the victim or a witness)
corresponds to a pattern of similar cases.
Available guidance and good practices in
interviewing and establishing trust with victims,
including victims of GBV, both male and female,
should be considered and discussed at the
outset of the investigation. While all possible
efforts should be deployed to obtain relevant
information, “do no harm” principles and the
avoidance of retraumatization should also
receive due attention.27 Where the interviews
are likely to be with traumatized persons,
investigation teams should discuss how best to
assess and manage trauma in interviews. An
important part of this includes the identification
of viable referral pathways and ensuring that
all Human Rights Officers conducting interviews
See also Navanethem Pillay, United Nations High
Commissioner for Human Rights, “Human Rights
Investigations and their Methodology”, lecture given at
the Graduate Institute, Geneva, 24 February 2010; Emily
Kenney, “Developing a gender methodology for U.N.
commissions of inquiry”, International Law and Politics, vol.
46, No. 2 (2013), p. 631.
26
For more information, see OHCHR, Commissions of Inquiry
and Fact-finding Missions on International Human Rights and
Humanitarian Law (2015), pp. 59-60.
25
OHCHR (2011), Chapter 15.
27
18
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