I N T E G R AT I N G A G E N D E R P E R S P E C T I V E I N T O H U M A N R I G H T S I N V E S T I G AT I O N S • G U I D A N C E A N D P R A C T I C E identical treatment of women and men, based on biological as well as socially and culturally constructed differences between women and men, is required in certain circumstances to achieve equality of opportunities and results. This is sometimes referred to as affirmative action or temporary measures.3 gender. Focus is often placed on making sure that women’s perspectives are reflected, as women and girls are generally among the more marginalized populations and their perspectives can be made invisible by non-gendered analysis. Gender integration is part of the global strategy of the United Nations for promoting gender equality. Gender identity refers to a person’s deeply felt and experienced sense of their own gender, which may or may not correspond with the sex they were assigned at birth. It includes the personal sense of the body and other expressions of gender, such as clothing, speech and mannerisms. Everyone has a gender identity. “Transgender” or “trans” are umbrella terms for people with a wide range of gender identities and expressions who do not identify with the sex they were assigned at birth. A transgender person may identify with different gender identities, including man, woman, transman and transwoman, and with specific terms, including non-binary identities such as hijra, fa’afafine and two-spirit, among other terms. “Cisgender” is a term for people who identify with the sex that they were assigned at birth.4 Gender sensitivity. Being gender sensitive or acting in a gender-sensitive manner means using respectful and non-discriminatory language and taking into account the different situations, needs and attributes of women, men and others, in order to make sure behaviours, mindsets or programmes respect the human rights of all persons. Gender stereotype is a generalized view or preconception about attributes or characteristics of what ought to be possessed by women and men, or the roles that are or should be performed by men and women.5 Harmful practices are persistent behaviours, attitudes and practices that are based on discrimination and are typically justified by invoking sociocultural or religious customs, values, practices and traditions. Essentially, they tend to disproportionately affect women and girls and are often manifested in forms of GBV. Harmful practices impair the recognition, enjoyment and exercise of human rights and are mostly perpetrated by private individuals.6 Gender integration (also commonly referred to as “gender mainstreaming”) is the process of assessing the implications for women, men and other gender identities of any planned action, including legislation, policies or programmes, in all areas and at all levels. It is often misunderstood as only referring to the monitoring of women’s human rights or GBV. The integration of a gender perspective in human rights investigations implies an analysis of the gender dimensions of the violations that includes the perspectives of everyone, including LGBTI persons, and the impacts of the human rights violations on all individuals and populations, which can differ depending on their sex and CEDAW general recommendation No. 28 (2010), para 22. See United Nations/OHCHR, Living Free and Equal: What States Are Doing To Tackle Violence And Discrimination Against Lesbian, Gay, Bisexual, Transgender And Intersex People (New York, 2016). 3 4 Sex is the sum of biological and physiological characteristics that typically define men and women, such as reproductive organs, hormonal make-up, chromosomal patterns, hair-growth patterns, distribution of muscle and fat, body shape and skeletal structure. This publication will often refer to women, men and others to include See OHCHR, “Gender stereotypes/stereotyping”. CEDAW Committee and CRC, Joint general recommendation No. 31 of CEDAW and general comment No. 18 of the CRC (2014). 5 6 8