Part II: Preventing torture: NHRIs in action
Records with confidential information should be kept in a secure location at all times. As an additional
precaution, NHRIs can consider identifying files by numbers, rather than by names, with the
corresponding list of names filed separately from the substantive records.
3. Integrating gender in the investigations process
It is important for NHRIs to ensure that gender perspectives and the goal of gender equality are
integrated in each stage of the NHRI’s investigations into torture and other ill-treatment.85 This allows
the NHRI better respond to and address gender-specific forms of torture and ill-treatment and the
different experiences of women, men and people with diverse gender identities while working towards
gender equality outcomes. It requires conscious and proactive efforts, which can include the following
strategies:86
• Reviewing current practice: NHRIs can start by reviewing which cases of torture and other
ill-treatment have been investigated so far and why. Are men’s cases investigated more, and
if yes, why? Is torture and ill-treatment of women and LGBTI persons investigated? If yes,
are these cases reflective of women’s and LGBTI persons’ experiences of torture and other
ill-treatment in society? For example, has the NHRI investigated cases in the private sphere,
where women are disproportionately affected? The NHRI may need to develop strategies for
reaching out to women and LGBTI persons or initiating investigations into gendered forms of
torture that would otherwise go unreported.
• Applying a gender lens: This involves understanding how and why gender differences and
inequalities are relevant to the case(s) of torture or other ill-treatment under investigation. NHRIs
should consider whether the causes, circumstances or consequences of the alleged violation
are gender specific. How could the investigation address these gender dimensions and
contribute to equality? How could it address any harmful gender stereotypes, discriminatory
social norms or power structures underlying the torture or ill-treatment? If the investigation is
into torture or ill-treatment of men, NHRIs can consider how women are affected. What are
women’s experiences in relation to this state agency or in this type of place of detention?
Are there differences in coping mechanisms and access to remedies for men and women?
NHRIs should develop gender sensitive tools and methodologies for investigations. A gender
lens should be applied to how evidence is sought and analysed.
• Including women and LGBTI persons in investigation design and ensuring visibility of
women and LGBTI persons in leadership and investigation roles: this can help ensure
gender perspectives are included and send a powerful message that the organisation is an
inclusive space that values the knowledge, experience and expertise of women and LGBTI
people.
• Addressing cultural barriers to participation: NHRIs should be aware of and seek to
address the range of barriers which can prevent women and LGBTI persons from making
complaints or engaging with investigations into torture, including gender-based violence. These
can include social norms regarding acceptable behaviour and role, fear of stigmatisation and
reprisals and lack of information on rights. The NHRI can use its monitoring and/or awareness
raising mandates and work with intermediaries to actively engage with women and LGBTI
persons in detention and the community on the issue of torture.
• Investigation teams that are reflective of society, with gender balance and gender
expertise as far as possible. Measures such as secondment can help fill gaps in female
staffing. Investigators should be trained on gender issues and how to interview vulnerable
and/or traumatised witnesses.
85
See OHCHR, Integrating a Gender Perspective into Human Rights Investigations: Guidance and Practice (2018) on
integrating gender into the preparation, investigation, analysis and reporting stages of human rights investigations.
86
Adapted from Asia Pacific Forum of National Human Rights Institutions, Undertaking Effective Investigations: A Guide
for National Human Rights Institutions (updated 2018), Chapter 31: Gender mainstreaming the investigations process.
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