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GENDER PERSPECTIVES ON TORTURE: Law and Practice
Commissioner for Human Rights has noted in relation to Timor-Leste, “rather than singling out
victims of sexual violence, the Commission for Reception, Truth and Reconciliation (CAVR) rec
ommended that the reparations be available to categories including single mothers, widows, and
children affected by conflict, as well as survivors of gender-based and sexual violence, adding a
layer of protection and confidentiality to female victims coming forward.”49
4. Satisfaction: Must be tailored to the particular needs of victims of
gender-based violence
Measures of satisfaction are designed to help restore victims’ dignity. These may involve actions
aimed at cessation of violations, criminal prosecutions, acknowledgment of the wrong done to
the victim and that it is not her fault, truth seeking, public apologies, and commemoration or
memorialisation projects. For gender-based violence, it is crucial that measures are tailored to take
into account the victims’ particular needs for dignification, which may be different than for other
human rights violations or crimes, given cultural stigmas, the possible relationship between a vic
tim and a perpetrator, and the likelihood of re-victimisation if measures are ill-conceived. Judicial
proceedings regardless of their nature should take due account of victims’ particular needs for
privacy and safety. Rashida Manjoo has underscored that:
Judicial arenas for obtaining reparations are, however, riddled with difficulties.
Procedural obstacles that victims of sexual violence have traditionally encountered in
the judicial arena can amount to an experience of re-victimization, exposing women
not only to psychological harm but also to reprisal, stigma and communal and family
ostracism. Crucial here are both the evidentiary standards relied upon and the degree of
confidentiality upheld during the reparations process.50
5. Guarantees of non-repetition: Requirement for structural changes
Guarantees of non-repetition comprise the range of broad structural measures aimed to bring
about a lasting change in the situation so that violations do not repeat themselves. These may
involve changes in policies, legal or institutional reforms, and the promotion of human rights
standards. With respect to gender-based violence, there is a need to ensure that all forms of gen
der-based violence are criminalised, including marital rape and domestic violence. Procedures for
lodging complaints should be simplified and accessible to victims, and barriers, such as the pro
duction of medical certificates in rape cases, should be removed as a requirement for pursuing
investigations. Gender-sensitive training and capacity building for security sector and law enforce
ment institutions to respond to gender-based violence cases are essential, as are measures designed
to change attitudes in society, in addition to providing practical measures, such as putting in place
gender advisors in police stations to receive complaints from victims.
49
OHCHR, Analytical Study Focusing on Gender-based and Sexual Violence in Relation to Transitional Justice, ¶ 48,
U.N. Doc. A/HRC/27/21 (June, 30, 2014)[hereinafter OHCHR, Analytical Study].
50
A/HRC/14/22, supra note 11, at ¶ 35.
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