A/HRC/23/49
sensitivity and of a women’s rights perspective by these services often results in a lack of
substantive protection for women victims.
3.
Policing
50.
The expansion of the role and/or powers of the police services is addressed in some
responses received, including in relation to removal/exclusion of perpetrators and the
issuing of police protection orders. Despite some positive developments, some of the main
failures in the adequate protection of women victims of violence emerge in the initial
response by authorities to an emergency call, and the police are often the first authority that
women call on. There is no doubt that the manner in which police officers respond, their
attitude toward victims and the protection they provide are a vital first step in ensuring
victim safety and offender accountability. A common complaint made by both survivors
and activists interviewed by the Special Rapporteur is that police often do not treat cases of
violence against women with the same seriousness as other crimes, particularly when it is a
case of partner/spousal violence. Another is that police often fail to respond to reports of
private violence, and when they do respond, they do so inappropriately.
51.
It is common for police officers to encourage informal resolution between the parties
instead of arresting perpetrators, or they carry out dual arrests, by accusing victims of also
behaving violently. Police officers sometimes allow their own personal gendered views to
influence their decisions on whether to detain perpetrators or dismiss a case. In addition to
lack of sensitivity and specialized gender training, police officers responses are also greatly
limited in some cases simply by the lack of necessary resources to carry out their duties.
52.
The Special Rapporteur interviewed police officers who have shared their frustration
at being unable to assist women victims of violence due to a lack of basic resources,
including vehicles or fuel in some instances. While in some countries specialized police
units have been put in place to address domestic violence and/or sexual violence cases, and
officers have undergone specialized training, these units are often understaffed and
underresourced, and they are not available in all police stations or at all hours. The first
responding officers end up being generalist police officers who have no specialized training
on violence against women. Thus positive developments are being hampered by the lack of
sufficient resources to provide specialist services on a full-time basis.
4.
Prosecution and punishment
53.
The expansion of power and discretion to prosecutors and judges, in addressing
violence against women, is not necessarily accompanied by appropriate training on the
issue or on how to effectively interpret and implement new laws. Furthermore, the
investigation of cases and the sanctioning of perpetrators is underpinned by patriarchal
notions linked to myths and stereotypes about women and men and their gendered roles.
Prosecutors also often rely heavily on testimonies of victims and witnesses, rather than
collecting the necessary evidence during the investigatory phase. This challenge is linked to
the deficiencies in police investigation, in the first instance. Women victims often undergo
criminal proceedings without adequate social, psychological and legal assistance and are at
risk of re-victimization during these processes. While free legal aid is often available for
victims, it is difficult to access, either because application forms are complicated, or due to
low-income level requirements, or a lack of awareness about the availability of such
assistance.
54.
The challenges faced by women victims of violence are also reflected in the
classification of crimes and charging patterns. This then affects which cases actually
manage to get into the court system. With regard to spousal/partner/domestic violence, even
in countries in which it is a criminal offence, such violence is often tried as a misdemeanor
and treated in the same way as other minor offences. A common excuse for this is that these
15
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents