32
Example
In 2011, the Dutch Equal
Treatment Commission
made an inquiry into the
pay of men and women
in 18 general hospitals in
the Netherlands. Comparisons of salaries in 1,346
cases where men and
women held the same job
grade were conducted. In
43 per cent of cases, an
unjustified pay gap was
identified, in two-thirds
of cases to the disadvantage of women.
SURVEY RESULTS
NHRIs reported that
they use the following
strategies to handle
complaints:
Ensuring a gender-balanced interviewing team
and gender-balanced
sample of persons to be
interviewed (for example,
in the context of visits to
detention facilities);
Working with community organizations and
international organizations to facilitate victims’
access to the complaints
mechanism;
Undertaking studies
on community-based
resources for victims of
violence and/or trafficking, and publishing the
results so that victims
know which services are
available and how to find
them.
HANDBOOK FOR NHRIs ON WOMEN’S RIGHTS AND GENDER EQUALITY
between the NHRI and individual citizens, effective
resolution will provide legitimacy and credibility to
the NHRI.
The mandate to receive complaints should be broad
and should, in cases involving gender-based (or other)
discrimination, also extend to private companies. For
example, this could include cases of gender-based discrimination in employment.
NHRIs should have the authority to take up issues on
their own initiative. In terms of gender equality and
women’s rights, this prerogative is particularly important in countries where women appear to be reluctant
to file complaints – for cultural, educational, accessrelated or other reasons.
It is essential that NHRI staff have the professional
skills to handle individual complaints. This includes
not only technical skills, such as case management,
interviewing and forensic skills, but also specialized
skills and training to work with and interview victims
of sexual harassment, discrimination, human trafficking or forms of violence against women. In this regard,
NHRIs should have the ability to facilitate secure
witness-protection programmes, in co-operation with
the competent judicial authorities, as well as to recommend suspension from duty of officials under investigation, without prejudice to the investigation. However,
NHRIs do not substitute for or replace police interventions and investigations.
Finally, NHRIs should require authorities to respond
to recommendations or findings within a given time
frame, and to recommend reparation for victims.
Whenever faced with complaints beyond their jurisdiction, NHRIs should refer these complaints to other
independent human rights institutions or competent
governmental and judicial bodies.
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