Tool 2: Policing and Gender Transitional justice mechanisms include criminal prosecutions, truth seeking, reparations and other guarantees of non-recurrence, including institutional and judicial reform. As an example of the latter, in 2004 Sierra Leone’s Truth and Reconciliation Commission recognized that wartime violence had been part of a continuum of violence against women that was ongoing in the post-conflict period and recommended the enactment of domestic violence legislation, which was later adopted.1 Dedicated gender expertise and funding are essential to ensure that a transitional justice process holistically and comprehensively addresses GBV and ensures the meaningful participation of women and lesbian, gay, bisexual, trans and intersex (LGBTI) people. Justice reform The aim of justice reform is to improve the effectiveness, efficiency, fairness, accountability, impartiality and independence of justice institutions. Justice reform includes amending or drafting new laws (legal reform) as well as the development of policies, procedures, structures and mechanisms that allow for the effective implementation of laws and equal access to justice (judicial reform). While a key focus of much justice reform is the criminal justice system, both criminal and non-criminal systems play important roles in promoting gender equality. Many aspects of law concerning property, family, education and employment impact upon men and women differently and can significantly contribute to or redress gender inequalities in society. Justice reform should be a part of any broader security sector reform programme. The justice sector plays a vital role in good governance of the security sector by holding security personnel and the state to account before the law, and ensuring that powers vested in security sector actors and other branches of government are used appropriately.* Gender “Gender” refers to the roles, behaviours, activities and attributes that a given society at a given time considers appropriate based on biological sex. These attributes, opportunities and relationships are socially constructed and are learned through socialization processes. Gender determines what is expected, allowed and valued in a woman or a man in a given context. In most societies there are differences and inequalities between women and men in responsibilities assigned, activities undertaken, access to and control over resources, and decision-making opportunities. In patriarchal societies, political, economic and social power lies with men, and attributes associated with manliness are valued over those associated with women. Women and girls are usually in less powerful positions compared with men and boys and, as a result, face numerous forms of structural discrimination economically, politically, socially and in terms of their legal rights.2 While it is crucial to address the discrimination experienced by women, it is important not to reduce the understanding of “gender” to “women”, or to just “women” and “men”. Attending to gender in the justice sector is about attending to the different needs, views and experiences of men, women, girls, boys and persons with the full diversity of gender identity and expression. Likewise, expectations about sexual behaviour are an important part of how societies construct gender and gender roles. So, in thinking about how gender, gender roles and gender inequality operate in society and in institutions, it is essential to include a focus on LGBTI people. Integrating a gender perspective, one must always remember that women and men are never homogeneous groups; they do not all share the same experiences, needs or values, nor have the same opportunities (discussed further on page 11). * Gender and good security sector governance and security sector reform are the subject of Tool 1. 7