Part II Protecting and promoting the rights of women and girls: NHRIs in action
Outcomes will vary depending on the nature of the complaint. However, they can include an apology
(public or private); reinstatement to employment; compensation for lost wages; changes to workplace,
industry or government policies; or a requirement for human rights training involving the respondent
organization. Integration of a gender perspective into alternative dispute resolution processes will involve
consideration of the available outcomes and whether they meet the particular requirements of cases
involving violation of women’s and girls’ human rights. Of course, a settlement agreement should not
represent the last step in the process. It is important that the NHRI monitors the situation to ensure that
the agreement is implemented by the parties.
5.6. REFERRING COMPLAINTS AND PROMOTING LINKS WITH
SERVICE PROVIDERS
It is important for NHRIs to recognize that they will not be in a position to address every issue or
complaint relating to violations of women’s human rights brought to them. This could be because the
complaint:
• Falls outside the mandate of the NHRI
• Involves criminal behaviour that is beyond the NHRI’s investigative authority
• Does not involve a clear violation of human rights.
NHRIs should have the capacity to help all complainants, even if the complaint falls outside the mandate
of the NHRI. Usually this will involve ensuring that the complainant is referred to the appropriate authority
or service. In the case of criminal violence, for example, this will likely involve referral to the police. The
NHRI may also refer complainants to legal advice services and/or to government departments under
whose responsibility the complaint falls.
To be effective, referrals of this kind must be detailed and substantive. The NHRI should provide the
victim with clear reasons why the complaint cannot be dealt with by the NHRI, as well as a description
of the steps involved in making a complaint to the most appropriate body.
Of course, referrals may also be necessary even when the NHRI has accepted a complaint for
investigation. The NHRI should be aware that they are unlikely to be in a position to meet the full needs
of the women and girl complainants. For example, the NHRI may need to refer these complaints to
victim support agencies, counselling services or health services that can provide immediate assistance
and protection.
A strong referral capacity must be developed within the NHRI; it will not grow of its own accord. The
NHRI should ensure that it is in contact with the departments, agencies and services that can support
women and girls who have experienced violation of their human rights. It should identify what services
are available and which organization is responsible for delivering them, as well as having up-to-date
contact information for each.
Chapter 5: Responding to complaints of violations of women’s and girls human rights | 63