Tool 2: Policing and Gender
Image: © Atlantic Initiative.
gender bias can influence interactions and outcomes, even where they firmly believe they
apply the law in a strictly impartial manner and are professional in their conduct.
Later qualitative research on experiences of survivors of domestic violence likewise helped
to change attitudes among judicial professionals.3 It painted a picture of the dynamics of
domestic violence and the precarious position in which survivors often find themselves. It
demonstrated that systematic domestic violence was not regarded as a serious criminal
violation by agencies of the criminal justice system, and how this placed survivors and others
at heightened risk. The research was ground-breaking in showing judges how survivors of
domestic violence experience their judgments.
Training and cultivating gender champions
Training of trainers (on domestic violence, SGBH, GBV and gender bias) was interactive
and sustained over some time: eight judges were trained for one weekend every month
for a period of eight months. This allowed reflection between each training session, and
helped to build a critical mass of people able to critique their own profession (and cases).
Training materials were generally developed jointly by BiH judges and other stakeholders,
including academics and state representatives. This approach enabled buy-in and helped
ensure the training materials were context-specific and understood by and relevant to those
who would participate in the training. This approach also enabled early sensitization to
abstract or difficult concepts such as “gender bias”. Success was secured by starting small
and working from the needs and interests identified by the Association of Women Judges.
Guidance materials
The project involved the development of key resources for the judiciary, including a textbook
on gender bias and the law.4 Policies, guidelines and other resources for the judiciary in
relation to domestic violence were jointly developed by BiH judicial professionals with the
support of DCAF and Atlantic Initiative.
Since August 2017 the work has broadened to family law, judicial responses to rape and
critical examination of domestic violence cases, while paying continued attention to
research and training in domestic violence, sexual harassment and gender bias. From 2018
Atlantic Initiative has been supporting a small group of judges, trained in critical analysis,
to review selected domestic violence cases. With the participating judges uncovering issues
through their analysis, including a lack of understanding about domestic violence and
problems with how the law is applied, the learning and prospective impact of their analysis
among their peers are magnified.
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