Tool 2: Policing and Gender
Box 6: Conducting diverse and inclusive consultations
Almost invariably men, particularly from dominant or elite groups, tend to be
overrepresented in reform programmes. This often results in the security and justice needs
of those beyond this narrow demographic being overlooked.
Representatives of diverse groups of men and women, including LGBTI persons, should be
given opportunities to participate in all aspects of a justice reform process. This is crucial
to ensure that communities’ diverse needs are heard and addressed. In this regard, it is
important to remember that neither women nor men nor LGBTI persons are homogeneous
groups and, as such, to engage a diversity of groups to bring diverse experiences, needs
and views to inform reform.
Participation of representatives of diverse groups in justice reform processes should be:
comprehensive – in sufficient number
meaningful – in decision-making roles and having influence
throughout the whole process – from inception of reform, through implementation of
reforms, to evaluation.
Tokenism (consulting just a small number of “diverse people” merely as a formal display
of inclusivity) or engagement only after key decisions have been made must be actively
avoided!
4.6 Developing policy, protocols and procedures
As with law, policies, protocols and procedures in the justice sector need to be reviewed,
developed and implemented to ensure that they do not directly or indirectly lead to
discrimination, that they integrate a gender perspective and, as far as possible, that they
promote gender equality. Key policies and procedures for those engaging with the justice
system include those concerning handling GBV cases, case scheduling, security, interpreters,
complaints and outreach. Key policies and procedures for personnel within the justice sector
include those pertaining to human resources, training, promotion and discipline.
Processes of review and development of policies and procedures should, as with other
elements of justice reform, be informed by deep understanding of the context, gender
analysis and research (discussed in sections 4.1 and 4.2). For instance, case study 5 on
gender and justice reform in BiH shows how research on gender bias in the justice sector
informed new policies and practices to guard against it in domestic violence cases. Policy
and procedural reform should also be informed by meaningful consultation with diverse
groups and communities to ascertain their needs and how policy and procedures can best
respond to them.*
A gender/gender equality policy at the ministerial (ideally, cross-ministerial) level can
raise awareness, inform practice and consolidate resources to advance equality and nondiscrimination in the justice sector. A gender/gender equality policy expresses commitment
on the part of the government to gender equality, and ideally outlines steps to be taken
to ensure or advance it. Gender/gender equality policies can be an output of, or even an
impetus to establish, gender units or departments (see section 4.7). Gender policies and
protocols can also be developed for the judiciary.^
Full and effective implementation of the policies and adherence to the procedures that
guard against discrimination must be facilitated by regular communication and training,
ongoing monitoring and reporting, and taking action where there is poor compliance (see
section 4.9 on capacity building and section 4.13 on oversight).
* See Box 6 on conducting
diverse and meaningful
consultations, and case study
2 on community consultation
on reform of bail and
sentencing regulations in
Sierra Leone.
^ See case study 6 on
gender equality protocols for
magistrates and judges in the
Caribbean.
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