Integrating the Issue of Sexual and Gender-Based Violence in Detention Monitoring
5. HOW TO INCLUDE THE ISSUE
OF SGBV IN MONITORING
This section details how monitoring mechanisms can include SGBV in their ongoing
monitoring work, including how to incorporate the issue without drawing unwanted
attention to, or creating additional risks for, the victims and potential victims of such
violence, or others who wish to speak out about such abuse.
All forms of violence within places of deprivation of liberty are difficult to monitor effectively, including those that amount to torture and other ill-treatment. Monitoring
the instances and risks of SGBV may also present particular challenges, due to the
nature of the abuse. On the other hand, given the various forms and levels of severity
that SGBV can take, some abusive practices may be easier to monitor than others.
As a basic principle, the issue of SGBV should be included in the mandate and guidelines of all monitoring mechanisms and should be based on international human
rights principles relating to SGBV.12 Funding and resources should be allocated with
this in mind. Monitoring bodies should also have internal protocols in place for dealing with allegations of SGBV.
Interviewing or surveying a person about abuse, and in particular sexual abuse, is an
extremely sensitive matter, and there will be specific considerations for particular individuals, including children, LGBTI persons and those with mental healthcare needs.
In order to gain a relationship of trust, monitors may need to undertake a series of
visits and, if abuse is detected, follow-up visits with health professionals and experts
in dealing with survivors of SGBV may be required.
These and other considerations are dealt with in several expert publications.13 Additionally, many national and regional mechanisms already have their own monitoring
guidelines in place, and it is important for monitors to share information and experiences with each other.
5.1 Strategic Planning and Prioritization
The extent to which SGBV can be included in monitoring will depend on the particular
12
ODIHR, Preventing and Addressing Sexual and Gender-based Violence in Places of Deprivation of Liberty, op. cit., note 1.
13
See, for example University of Essex, The Torture Reporting Handbook, Human Rights Centre, (Colchester: University of
Essex 2000); and OHCHR, The Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, (New York and Geneva: OHCHR 2004).
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