30
Resource book on the use of force and firearms in law enforcement
Women and girls
The United Nations Declaration on the Elimination of Violence against Women requires that
States pursue a policy to eliminate violence against women, including “physical, sexual and
psychological violence perpetrated or condoned by the State.” (articles 2 and 4). Women,77
when coming in contact with the criminal justice system, including as victims, suspects and
detainees, often find themselves vulnerable to sexual and other abuse. Many of these women
have previously suffered sexual or gender-based violence and are at particular risk of secondary
victimization by law enforcement and criminal justice officials. Moreover, women in police
custody and in detention centres are vulnerable to sexual abuse and other forms of violence,
which may be used to force them to confess to offences they may or may not have committed.78 Women and girls who face multiple forms of discrimination and are often particularly
vulnerable to violence include indigenous women, refugee women, migrant women, women
living in rural or remote communities, destitute women, women with disabilities, elderly
women, and women in situations of armed conflict. Violence against women, in all its forms,
violates or impairs the enjoyment of human rights by women and girls. Law enforcement
should take steps to prevent such acts of violence and conduct prompt, independent, impartial
and efficient investigations into allegations of violence against women and girls, whether
perpetrated by public officials or private persons, in the home, in the community, or in official
institutions.
In situations where the police lawfully use force against women, special attention should be
given to a number of factors. For example, use of force should be avoided as far as possible
against pregnant women, and medical assistance should be made available as soon as possible
afterwards.79 In addition to factors relating to the person against whom force is used, police also
need to consider the possible physical and psychological consequences, which may be different
for women than for men.
It is recommended to have all law enforcement personnel regardless of their gender duly trained
on women’s rights and gender equality and on how to respect and protect these rights while
exercising their duties. In many countries, female law enforcement officers are assigned to deal
with female victims and suspects or these victims and suspects are given the option to be dealt
with by female police officers, sometimes operating from a Women’s Desk or even an entire
female police station or unit. Generally, it is good practice to assign female officers to carry out
all searches and supervision of women, including female detainees.80
77
For more on fundamental principles relevant to law enforcement and human rights of women, see OHCHR,
Human Rights and Law Enforcement, A Manual on Human Rights Training for Law Enforcement Officials, 2017, p. 311-320.
78
See UNODC, Resource book on Women and Imprisonment, 2014, p. 8.
79
See for example the final report of “The President’s Task Force on 21st Century Policing” in the United
States, which was published in May 2015, which included the following action item: “Use of physical control equipment and techniques against vulnerable populations—including children, elderly persons, pregnant women, people
with physical and mental disabilities, limited English proficiency, and others—can undermine public trust and should
be used as a last resort. Law enforcement agencies should carefully consider and review their policies towards these
populations and adopt policies if none are in place.” (p. 15-16).
80
See p. 53 of the UNODC Resource book on Effective Police Responses to Violence against Women.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents