A/HRC/21/46
C.
Integration of a gender perspective
58.
Consistent with resolution 18/7, which calls for the Special Rapporteur to integrate a
gender-sensitive approach throughout the work of the mandate and the victim-centred
perspective just described, 28 sensitivity to the different ways in which gross violations of
human rights and serious violations of international humanitarian law differently affect
men, women, and children is a sine qua non of the successful implementation of the
measures under the mandate. While in most situations in which the mandate will be
relevant, most victims of disappearance (to cite one violation) and a majority of the
combatants that take active part in conflict are male, the aftermath of the violations and of
conflict mainly affect women and children, albeit differently. Furthermore, women and
children are indeed the majority of victims of certain types of violations and of conflict, as
manifested in the gender composition of most internally displaced populations and the
distribution of many kinds of sexual and gender-based crimes.
59.
Despite some progress in this area, significant challenges remain. These include the
following. Establishing the sort of participatory procedures for the design and the
implementation of the four different areas under the mandate that take account of the
different needs and opportunities of men, women, and children. It must not be assumed that
they will all be equally served by the same procedures. Beyond guaranteeing a voice to
men, women, and children, processes should be designed that comply with the basic
requirements of equality and fairness and lead to equitably differentiated outcomes, in
accordance with the different needs and starting points of men, women, and children.
Finally, it will be important to contribute to overcoming the tendency to think that with
respect to the situations that are relevant for this mandate, adopting a gender perspective
means only prioritizing sexual crimes in the case of female victims and thus ignoring other
types of victimization to which women are exposed, underestimating the possibility that
men can also be the victims of these very crimes and, to the extent that children are
included as subjects of consideration, taking them exclusively in their role as passive
dependents.
V.
Conclusions and recommendations
60.
The report demonstrates the importance of adopting a comprehensive
approach to address gross violations of human rights and serious violations of
international humanitarian law, as stipulated by resolution 18/7. The Special
Rapporteur considers that the comprehensive approach to questions of truth, justice,
reparations and guarantees of non-recurrence can make a distinctive contribution to
the realization of a broad catalogue of rights. He will therefore seek to coordinate
efforts with related thematic and country mandates so as to maximize efficiency.
61.
The Special Rapporteur takes the four components of the mandate as a set of
measures that are related to and can reinforce one another, implemented to redress
the legacies of gross violations of human rights and serious violations of international
humanitarian law. Such redress primarily means giving force to the violated norms.
The Special Rapporteur emphasizes that the four elements under the mandate and the
specific measures to which the resolution refers rest on established rights and
28
18
See, e.g., Ruth Rubio-Marín and Pablo de Greiff, “Women and Reparations”, The International
Journal for Transitional Justice, vol. 1, No. 3 (2006).
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