Integrating the Issue of Sexual and Gender-Based Violence in Detention Monitoring
10. FOLLOW-UP ACTIONS
Monitoring mechanisms will be able to follow up on patterns and specific instances
of SGBV in different ways, depending on their mandate and working guidelines. Some
will provide detailed recommendations to authorities, while others might be involved
in revising national legislation. Some monitoring mechanisms will be more directly
involved in individual case follow-up, including directly providing legal aid, or referring cases to other institutions for follow-up action, including the provision of medical, social and psychological services. Some monitoring mechanisms may refer cases
to criminal justice systems, or internal disciplinary proceedings.
When it comes to follow-up on cases of SGBV, the monitoring mechanism should have
a clear mandate and guidelines on what they can do and the processes to follow. In
all cases, they should bear in mind the following key principles when determining the
most appropriate form of follow-up:
> The follow-up action should not put the victim of SGBV at any further risk of
abuse or retaliation, or draw any unnecessary attention to their situation;
> Monitors must respect the anonymity of the individual concerned and the confidentiality of any information provided;
> Where possible, the victim of SGBV should have given their free, prior and informed consent for any follow-up, and they should fully understand the benefits,
possible risks or negative consequences. This means that there should be no coercion, intimidation or manipulation, that consent has been sought sufficiently in
advance of action being taken, and that detailed information is provided;
> Intervention, including medical intervention, should be a priority if an individual’s life and health is determined to be at risk; and
> Where necessary, monitors should plan a follow-up visit to check on the safety of
all individuals they have taken action on behalf of.
10.1 Gender-Responsive Reporting
Monitoring mechanisms will have different reporting requirements and strategies,
depending on the nature of each visit, the significance of the findings and the target
authority. In all cases, reports are an important opportunity to highlight the issue of
SGBV, and gender issues more generally. Gender should, therefore, be a key consideration in both the presentation of the report and any accompanying recommendations.
In reporting, monitors should, therefore:
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