A/HRC/27/21
61.
The criminalization of all forms of gender-based and sexual violence, including rape
in marriage and domestic violence, has been recognized as necessary to break the silence
around and create a mandate to prevent and punish such violence. National laws should be
harmonized to ensure consistency and clarity. Policy and contextual obstacles, such as
requirements for medical certificates in rape cases, should similarly be reformed.70
62.
Gender-sensitive training and capacity-building for security sector and law
enforcement institutions to respond to gender-based and sexual violence is critical. In
Rwanda, standard operating procedures for child, domestic and gender-based and sexual
violence have been developed, along with a training curriculum. An important development
has been the establishment of women’s police stations or specialist gender-based and sexual
violence units in the police and military in Liberia, Rwanda, Sierra Leone, Timor-Leste and
Kosovo. The units are often staffed exclusively by female officers, or specially trained
staff, and both directly support victims’ access to justice and contribute to raising
awareness about gender-based and sexual violence in the community and the institutions. In
Kosovo, the creation of a police gender desk helped bring human trafficking and forced
prostitution into the open.71 In Rwanda, the Gender Desk of the military has conducted
training on women’s rights and gender-based violence for almost 5,000 members of the
armed forces, as well as civilians, with support from the United Nations.72 More efforts are
needed to ensure that those units are adequately resourced, including with appropriate
physical and communications infrastructure, such as private interview and medical
examination spaces. Additional support is needed within the justice sector to enable
effective prosecution of cases.
63.
Notwithstanding the importance of justice and security sector reforms, institutional
reforms must also focus on ending gender discrimination more broadly, including through
constitutional guarantees of gender equality, repealing discriminatory legislation, and
adopting laws and policies which advance women’s rights. For example, reforms that
strengthen women’s rights in relation to marriage, divorce, land and inheritance can
contribute to addressing the economic insecurity and dependence that leaves women
vulnerable to gender-based and sexual violence.
VIII.
Conclusions and recommendations
64.
There has been notable progress in addressing gender-based and sexual
violence by transitional justice processes, for instance, by focusing on the effective
participation of victims of such violence and their particular needs, and striving to
have a transformative impact. Recent examples show that greater attention has been
given to such violence and some good practices have developed. Nevertheless, more
efforts are needed to ensure that transitional justice processes address the full
spectrum of gender-based and sexual violence. The good practices highlighted in the
present study should be emulated in other countries concerned, while taking into
account the specific national context. The study also contains recommendations about
how transitional justice measures can be improved to address gender-based and
sexual violence.
65.
States play an important role in shaping the legal framework of new
institutions and undertaking reforms. Judges and prosecutors, as well as legislators
70
71
72
18
See for example A/67/792–S/2013/149, para. 35.
UN-Women, Gender-Sensitive Police Reform, p. 5.
UN-Women, Case Studies of Gender-Sensitive Police Reform in Rwanda and Timor-Leste (2009),
pp. 2 and 11.
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