Promoting and Protecting the Human Rights of Women and Girls A Manual for National Human Rights Institutions
Some women complainants may hold genuine fears for their safety and that of their children. They
may therefore have a heightened need for privacy and reassurance. Often women will prefer to be
interviewed by another woman but the NHRI should be careful about making assumptions on this
point. If possible, a woman complainant should be given the choice. The NHRI should also assess the
immediate needs of any woman complainant and ensure that the necessary referrals – for example to a
medical facility or shelter – are made.
Conducting interviews (girls): The NHRI is required to abide by the rules and principles that apply
when dealing with children, including children who may be victims of human rights violations. Respect
for the best interests of the child must be upheld at all times. This principle should guide decisions on
whether an interview is to take place at all; who is to conduct that interview and how; and who else
is to be present. Girls are entitled to special protection measures, both as victims and as children, in
accordance with their specific rights and needs. This may include the right to have a guardian appointed
for the duration of any proceeding, until a durable solution that is in her best interests has been identified
and implemented. 95
INTERVIEWING GIRL COMPLAINANTS95
When interviewing girls, the following basic rights should be kept in mind:
• Respect for the views of the child: A child victim who is capable of
forming her views has the right to express those views freely in all matters
affecting her. The views of the child victim shall be sought and given due
weight in accordance with her age and maturity.
• Right to information: Child victims shall be provided with accessible
information regarding their situation and their rights. Information shall be
provided in a language that the child victim is able to understand.
• Right to confidentiality: All necessary measures shall be taken to protect
the privacy and identity of child victims to ensure the safety and security
of the victim and her family.
In relation to the conduct of an interview with a girl, a human rights-based
approach requires that:
• A parent or guardian should be present when girl complainants are
interviewed.
• Girls are to be questioned in a manner that respects their dignity and
capacity.
• Only specially trained members of the NHRI should question girls,
particularly with regard to traumatic experiences. If a specially trained
NHRI official is not available then the NHRI should seek and obtain
the services of such a professional prior to the commencement of the
interview.
• Interviews with a girl should assess if she is in need of any form of
assistance or protection and the NHRI should take responsibility to ensure
such assistance or protection is provided.
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Adapted from UNICEF, Guidelines on the Protection of Child Victims of Trafficking, 2006; and UNICEF and United Nations Office
on Drugs and Crime, Justice in Matters Involving Child Victims and Witnesses of Crime, 2009.