Tool 2: Policing and Gender
There is a gender dynamic to all constraints to accessing justice, with women often more
likely to be poor and to have full-time caring responsibilities, and to be less able to read
or otherwise access information. These and other constraints also affect men and LGBTI
people, often in different ways. A justice sector that integrates a gender perspective and
advances gender equality will be one which is cognisant of these potential constraints and
barriers and takes steps to remove them.
On a more strategic level, equal access to justice means women and men, including people
of diverse sexual orientation, identities and expressions, being equally able to influence
and participate in shaping the law. This means being part of the justice sector (section 3.1),
being equally able to be a legislator, being consulted during legal reform processes, having
opportunities to lobby for change and being able to vote in elections and referenda.*
3.4 Combats GBV and discrimination
A justice sector that integrates a gender perspective and advances gender equality
will contribute to the prevention of, protection from and effective response to GBV and
discrimination, reflecting the fact that women constitute the vast majority of its victims. It
will do this through ensuring a number of measures.
Ê National law and its implementation (including by police, prosecutors and in places of
deprivation of liberty) meet the high standards set by international and regional laws
and guidelines concerning GBV.
Ê GBV is criminalized in a manner to include the diverse forms of victimization of
women, girls, men and boys, including persons of diverse sexual orientations and
gender identities and expressions, and violence taking place in public, private and
online spaces.
Ê Prohibition of and effective remedies for other forms of gender discrimination, whether
by public or private actors.
Ê Cases involving GBV are effectively handled, in a timely manner and with low attrition
rates and appropriate sentencing.
Ê Police and prosecutors’ investigative methods (e.g. personal searches and interviewing
or interrogation practices) are gender sensitive.
Ê Effective victim and witness assistance and support programmes reflecting the
different needs of women and men.
Ê Training and awareness-raising of staff on GBV, gender discrimination and gender bias,
including as regards sexual orientation and gender identity and expression.
3.5 Oversees gender equality in security sector, and is monitored
and overseen
A justice sector that integrates a gender perspective and advances gender equality will have
effective monitoring mechanisms to guard against gender-based discrimination, bias and
violence against anyone who works in or comes into contact with the justice sector. It will be
open to and facilitate external oversight of its own gender responsiveness through formal
and informal mechanisms, including by parliament, national human rights institutions, CSOs,
the media and academia. This includes making available, for example, sex-disaggregated
data on cases, aggregated data on handling of GBV cases and discrimination claims, and
data on the diversity of the judiciary and broader workforce.
It will also be a justice sector which holds other public institutions to account, ensuring
they adhere to law, including international human rights law, and are responsive to the
* For deeper discussion on
equality in lawmaking, see
Tool 7 on “Parliamentary
Oversight of the Security
Sector and Gender”.
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