A/HRC/RES/21/15
women” is not limited to sexual violence but includes any act of gender-based violence that
results in, or is likely to result in, physical, sexual or psychological harm or suffering to
women, including threats of such acts, coercion or arbitrary deprivation of liberty, and calls
for effective measures of accountability and redress where those acts amount to violations
of international human rights and humanitarian law;
18.
Recognizes that sexual and gender-based violence is also committed against
men and boys in conflict and post-conflict situations and, as such, can also constitute a
gross violation of international human rights law and a serious violation of international
humanitarian law and that such violations must be investigated, prosecuted and punished,
and redress be provided to victims in accordance with applicable domestic law obligations
under international law;
19.
Also recognizes that sexual and gender-based violence, particularly in
conflict and post-conflict situations, affects victims, families, communities and societies,
and stresses that effective remedies in those situations should include access to health care,
psychosocial support, legal assistance and socioeconomic reintegration services for victims
of such violence;
20.
Underlines the needs of women and the particular needs of children in
transitional justice processes and the obligation and importance of enabling the full and
equal participation of women, and the importance of engaging children, consistent with
their age and maturity, in all aspects of post-conflict recovery, recognizing their crucial role
in facilitating the reconstruction of society, the promotion of the rule of law and ensuring
accountability;
21.
Underlines the need for the rights of both victims and accused persons to be
respected, in accordance with international human rights law, with particular attention to be
paid to those most affected by conflicts and the lack of effective rule of law mechanisms,
among them women, children, migrants, refugees, internally displaced persons, persons
with disabilities and persons belonging to national or ethnic, religious or linguistic
minorities and indigenous peoples, and to ensure that specific measures are taken for their
free participation and protection and for the sustainable return of refugees and internally
displaced persons in safety and dignity;
22.
Emphasizes the need to provide gender-sensitive human rights training in the
context of transitional justice to all relevant national actors, including police, military,
intelligence and security services, prosecution staff and members of the judiciary, in
dealing with victims of human rights violations, particularly women and girls, in order to
ensure gender sensitivity and gender mainstreaming in the restoration of the rule of law and
transitional justice processes;
23.
Calls upon States to assist the United Nations in its ongoing work on the
relevant recommendations of the reports of the Secretary-General on the rule of law and
transitional justice in conflict and post-conflict societies,2 the report of the SecretaryGeneral entitled “Uniting our strengths: Enhancing United Nations support for the rule of
law”3 as well as subsequent reports of the Secretary-General on the rule of law,4 including
by incorporating international human rights law, principles and best practices into the
development and implementation of transitional justice mechanisms and by cooperating
fully with United Nations field presences in the area of human rights and transitional justice
and by facilitating the work of relevant special procedures;
24.
Calls upon the international community and regional organizations to assist
countries who so consent, in the context of transitional justice, to ensure the promotion and
protection of human rights and to incorporate best practices into the development and
implementation of transitional justice mechanisms;
5
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