Part II Protecting and promoting the rights of women and girls: NHRIs in action As noted previously, the sex of the NHRI staff member conducting the interview may also be relevant. NHRIs should not make any assumptions in this regard but rather offer a choice of interviewer, if that is possible. Following an investigation, it is usual practice for the NHRI to complete a report98 that outlines the facts, identifies the relevant human rights provisions, analyses the evidence and sets out conclusions and recommendations. If there is a finding that a human rights violation has occurred, the NHRI will determine what steps should be taken to resolve the matter.99 This requires a consideration of remedies, which is discussed below. 5.4. REMEDIES FOR VIOLATIONS OF WOMEN’S HUMAN RIGHTS All women and girls who have experienced violation of their human rights have a legal right to access fair and adequate remedies. It is the obligation of the State to ensure this access. The NHRI may be an important partner in this process but this does not remove that responsibility from other organs of the State, such as the executive, legislature or judiciary. The issue of remedies is examined in Chapter 2 of this Manual, along with information on the relevant international legal requirements. While the form and extent of remedies required for violations of women’s and girls’ human rights will depend on the nature and circumstances of the breach, the general standard requires that the remedy must give effect to the obligation on the offending State to, as far as possible, remove the consequences of the breach and re-establish the situation that existed prior to its occurrence. The CEDAW Committee has clarified that reparation should be proportionate to the physical and mental harm experienced and to the gravity of the violations suffered.100 Under these standards a wide range of remedies could be considered for violations of women’s and girls’ human rights. In some situations, the NHRI may be in a position to deliver an appropriate remedy. For example, in a case of discrimination in employment, the NHRI may be able to order or recommend reinstatement or the payment of back wages. In a case of discrimination in a school, the NHRI may be able to help mediate a solution. However, in other circumstances, the NHRI may need to recommend or refer the matter on to those who are in a position to deliver an effective and appropriate remedy. For example, violations of human rights involving violence against women are generally also criminal offences. Subject to requirements of security and confidentiality, these violations should generally be referred to the relevant criminal justice agencies, who are themselves under an international legal obligation to investigate and prosecute violence against women with due diligence. 5.5. ALTERNATIVE DISPUTE RESOLUTION Some NHRIs seek to resolve complaints by using alternative dispute resolution processes, such as mediation or conciliation. This approach, which is usually less adversarial than formal investigations, allows the parties to a complaint to talk through the issues and settle the matter on mutually agreeable terms. In many countries, NHRIs have successfully used alternative dispute resolution to address complaints related to discrimination in employment, access to goods and services and discriminatory laws and policies. Alternative dispute resolution can also be a very effective tool for bringing about sustained changes in attitudes and behaviour. 98 APF, Undertaking Effective Investigations: A Manual for National Human Rights Institutions, 2013; pp. 162-170. 99 APF, Promoting and Protecting the Rights of Migrant Workers: The Role of National Human Rights Institutions (2012), p. 94. 100 A.T. v. Hungary, Communication No. 2/2003, views adopted 26 January 2005, para. 9.6 II (vi). Chapter 5: Responding to complaints of violations of women’s and girls human rights | 61