Part II Protecting and promoting the rights of women and girls: NHRIs in action
The NHRI should not expect that it will receive complaints from women and girls in proportion to the
scope and seriousness of violations committed against them. Women and girls whose rights have
been violated may face many obstacles to approaching the NHRI and submitting a complaint. These
obstacles often reflect the social, economic and cultural challenges faced by women and which directly
impact on their ability to access different services, including those provided by the NHRI.
Accordingly, the NHRI should actively consider ways in which it can encourage complaints from women
and girls generally, as well as from groups who are particularly vulnerable to human rights violations,
such as:
• Migrant women and girls
• Women and girls from racial, religious and ethnic minorities
• Women and girls working in the informal sector, including export houses, domestic service,
entertainment and the sex industry
• Women and girls with disabilities.
The NHRI can adopt different strategies to encourage women and girls to complain about human rights
violations. Firstly, it is important to build awareness about the work of the NHRI: what it is, what it does
and, specifically, its role to receive and investigate allegations of human rights violations against any
individual in the country, regardless of their sex, nationality, migration status, age or any other difference.
When providing information about its complaint handling procedures – for example, in brochures, radio
programmes, public meetings and the like – the NHRI should explain:
• The type of human rights violations that they are able to investigate under their mandate
• How complaints can be lodged and any procedural or time requirements attached to the lodging
of a complaint
• How a complaint will be investigated and the options for resolution and/or referral
• Any remedies that may be available as a result of the NHRI’s involvement
• The advantages and disadvantages of pursuing a complaint through the NHRI.
Some vulnerable women – for example, undocumented migrants – will be understandably cautious
about engaging with an “official” body, such as the NHRI. Likewise, NHRIs must be cautious about their
ability to protect and defend those in a vulnerable situation (e.g. vulnerable to arrest or to reprisals from
perpetrators of violence) and not make any promises about protection or support that they cannot keep.
When considering ways to encourage more communication with – and complaints from – women, the
NHRI may need to look internally at the type of work it has been doing, its capacity and its composition.
For example, a lack of complaints on a particular issue or from a particular group can reflect limited
knowledge, understanding or commitment on the part of the NHRI. Chapter 12 examines this issue
in the context of a broader discussion on strengthening NHRI capacity in the area of women’s human
rights.
While potential complainants should rightly be the primary audience of the NHRI’s communications and
outreach regarding its complaint handling function, a broader approach will often be necessary. The
NHRI should consider extending its communication strategies to include NGOs working with women
and girls and government agencies whose work puts them in contact with vulnerable women and girls.
It should also seek to reach out to potential respondents to such complaints – such as law enforcement
agencies, public and private sector employers and the business community – and provide information
about its complaint handling function and how it operates with respect to women and their rights.
The physical accessibility of the NHRI is another important factor that can encourage or prevent people –
including women and girls – from making use of its complaint handling procedure. Most NHRIs have an
office located in the country’s capital or one of its major cities. However, women who need the services
of the NHRI’s complaints mechanism may not live or work near the NHRI. The NHRI’s hours of operation
may also hinder accessibility for some women, such as those with family or work responsibilities.
Chapter 5: Responding to complaints of violations of women’s and girls human rights | 55