PART I. SETTING THE BOUNDARIES FOR THE USE OF FORCE IN LAW ENFORCEMENT
WOMEN IN LAW ENFORCEMENT AGENCIES
Law enforcement agencies should recruit sufficient numbers of women to ensure fair community
representation and facilitate the protection of the rights of female suspects, arrestees and
detainees. They should not discriminate against women in recruitment, hiring, training, assignment,
promotion, salary, or other career and administrative matters and may establish temporary special
measures that allow equal participation and consider women’s needs and conditions. There should
be a regular review of recruitment, hiring, training and promotion policies to tackle any existing
gender bias.
Female law enforcement officers should also be protected against gender-based and sexual
violence, which is not a rare occurrence.a The internal disciplinary, oversight and accountability
mechanisms should be prepared to deal with such cases.
a
See CHRI, Rough Roads to Equality: Women Police in South Asia, 2015, at: http://humanrightsinitiative.org/tenders/
CHRI_Women%20Police%20in%20South%20Asia_2015.pdf. Also see Report of the Special Rapporteur on violence against
women, its causes and consequences (A/HRC/26/38/Add.1), 1 April 2014.
Lesbian, gay, bisexual and transgender persons (LGBT)
The United Nations and other human rights mechanisms have documented how LGBT
people are, in many contexts, particularly at risk of arbitrary detention, violence, torture and
ill-treatment, including from law enforcement officials.81 In many countries, members of
LGBT communities also find themselves harassed by law enforcement officials, sometimes in
order to extort money or sex from them or otherwise blackmail them. When detained, LGBT
persons are particularly at risk of becoming victims of sexual violence, other torture and other
forms of ill-treatment, by fellow detainees and by or with the complicity of law enforcement
officials. The right to non-discrimination of LGBT law enforcement officials should also be
ensured within law enforcement agencies.
United Nations mechanisms have condemned the persistence of impunity for such violations and
abuses and highlighted shortcomings including ineffective police action, failure to register cases,
lack of investigation, loss of documents, inappropriate classification of acts and investigations
guided by stereotypes and prejudices, and police abuse of LGBT victims of crimes when they
attempt to report acts of violence. In order for law enforcement officials to effectively respect and
protect the human rights of members of LGBT communities, their agencies need to adopt antidiscrimination and anti-harassment policies, ensure that allegations of violations against LGBT
people are promptly and thoroughly investigated and perpetrators held accountable, and provide
mandatory training to officials to raise their awareness and combat biases and prejudices.82
81
See for example OHCHR, Discrimination and violence against individuals based on their sexual orientation and
gender identity (A/HRC/29/23), sections IV-V.
82
See OHCHR, Living Free and Equal – Ending violence and discrimination against lesbian, gay, bisexual, transgender,
and intersex persons: practices, gaps and challenges, 2016 (in particular chapter 6.4 regarding the training of law enforcement officials and chapter 10); as well as OHCHR, Human Rights and Law Enforcement, A Manual on Human Rights
Training for Law Enforcement Officials, 2017, chapter 13 (Law Enforcement, Human Rights and Gender).
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