Tool 2: Policing and Gender
External oversight
External oversight plays a critical role in ensuring the justice sector operates in a fair,
equitable and transparent manner. Myriad actors are involved.
Ê Civil society actors (including CSOs, the media, think-tanks and educational
institutions) can investigate abuses, keep the public informed on justice matters
and raise awareness of gender equality and human rights issues. They are essential
in mobilizing impetus for change (including legal reform) and support for victims
(through the provision of legal aid and psychosocial services, for instance).*
Ê National human rights institutions (including national human rights commissions,
ombuds offices and thematic commissions) can investigate human rights violations
and make recommendations for improving legislation and its application in a way that
better responds to the specific needs of women, vulnerable men and people of diverse
sexual orientations and gender identities and expressions.^
Ê Parliamentary oversight, including through parliamentary committees, helps ensure
that the justice sector functions properly and concerns are addressed.**
Building the capacity of these oversight actors, or establishing them where they do not
exist, can help to hold justice institutions to account, including ensuring compliance with
gender policies and programmes (on the elimination of gender bias and discrimination, for
instance). Capacity building can involve new resources, new staff posts and training, as well
as creating a legal framework conducive to a vibrant civil society and building relationships
between judicial providers and CSOs.
National human rights institutions, parliamentary committees and civil society actors
can consider judicial decision-making and sentencing in cases with a particular gender
dimension, such as GBV. They can look at gender-disaggregated statistics on attrition and
conviction rates, sentencing and recruitment and retention. Cases and judgments can be
assessed for potential bias. Retention of women in legal and judicial professions, for instance,
can be cross-checked with men’s retention rates and analysed against seniority, age and
caring responsibilities. Analysing these data over time can help hold the justice sector to
account in respect of being gender responsive, non-discriminatory and representative. In
BiH, for example, trials are monitored and cases are regularly and systematically reviewed
to identify how gender interacts with the application of the law (see case study 5).
Oversight of informal justice providers is also important to ensure adherence to human rights
and gender equality principles – recognizing that lack of data and logistical challenges can
pose difficulties for monitoring and evaluating compliance.
More broadly, formal monitoring and evaluation programmes should accompany all
programmes, plans and policies to advance gender equality and non-discrimination, and
there should be an inclusive approach to developing evaluation criteria. Criteria should
include public perceptions, and a diverse range of members of the community should be
consulted on their experiences with the justice sector to inform monitoring and evaluations
(see Box 6).
4.14 Challenging society’s gender norms and stereotypes, and
legal empowerment
Awareness-raising of the importance of gender equality, human rights and equal access
to justice as well as the harms caused by discrimination, inequalities, GBV and other
gendered crimes (such as child, early and forced marriage) needs to occur beyond formal
and informal justice institutions, and within the community. Unless societal gender norms
* The role of civil society in
oversight of the security and
justice sector is discussed
in detail in DCAF, OSCE/
ODIHR, UN-INSTRAW (2008)
“Civil Society Oversight of the
Security Sector and Gender”,
Tool 9, Gender and Security
Sector Reform Toolkit, Geneva:
DCAF, OSCE/ODIHR, UNINSTRAW.
^ For more detailed guidance
for national human rights
commissions and ombuds
institutions see DCAF,
OSCE, OSCE/ODIHR (2014)
“Integrating gender into
oversight of the security
sector by ombuds institutions
and national human rights
institutions”, Geneva: DCAF,
OSCE, OSCE/ODIHR.
** For more detailed guidance
on how parliaments can
integrate gender in security
sector oversight see Tool 7
on “Parliamentary Oversight
of the Security Sector and
Gender”.
43
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents