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Justice
Dernière mise à jour:
May, 09 - 2012
Introduction and Key Concepts
Why is the justice sector important?
What does the justice sector entail?
Overview
Formal justice mechanisms
Informal justice mechanisms
Hybrid justice mechanisms
How do different justice sector components interact?
Law and regulation
Jurisdiction
Funding
Procedure
Enforcement
Personnel
Choice of forum
What is known about working with the justice sector on violence against women and girls?
Overview
Survivors express the most satisfaction with systems that reflect their input and participation
Consistency and reliability in justice sector responses can improve outcomes for women
Coordinated community response leads to positive outcomes
Specialized courts and procedures positively change the way cases are handled
Specialized prosecutors can reduce barriers to justice
Victim advocate programmes can reduce violence and support follow-through
Training and capacity development can change practices
Restorative justice programmes remain controversial
Guiding Principles
Base programmes on internationally recognized human rights principles
Prioritize the physical and psychological safety of women and girls
End impunity for perpetrators of violence
Demonstrate and encourage a norm of respect for survivors
Adopt a holistic strategy for reform
Engage both the formal and (with caution) informal sectors
Understand and address concerns about mediation and restorative justice
Use monitoring and evaluation to inform programme design and implementation
Overview of Strategies
Overview
Law reform
Service delivery and access
Training and capacity development
Education and awareness-raising
Oversight and monitoring
Programme Planning and Design
Overview
Conduct an appraisal
What kind of information should be gathered?
What methods can be used to gather appraisal information?
Review of available information
Community meetings
Interviews
Observation
Safety audits
Surveys
Focus groups
Key informant interviews
Court monitoring
Human rights monitoring
What is the outcome of an appraisal?
Define and prioritize goals
Plan for participation and partnerships
Use tools to select a strategy or strategies
Incorporate monitoring and evaluation
Develop a workplan and budget
Formal Sector
Overview of main strategies
General
Reform discriminatory laws
Improve response to survivors
Provide training and develop capacity
Promote rights-based education and awareness
Perform regular monitoring and evaluation
Challenges
Formal sector may reflect wider societal biases
Women may not have immediate capacity to use the formal system
Limited capacities and resources for short-term change
Limited motivation to reform
Limited power to change
Evidence-base for reforms is still weak
Programme implementation
Reform discriminatory laws
Where to begin
Treaty ratification
Incorporate international standards
Constitutional reform
Review and reform of legislation
Engage in strategic litigation
Using international forums
Using regional forums
Improve response to survivors
Working with the ministry of justice
Overview
Improve physical access to justice for women and girls
Establish supportive management of judicial staff
Establish dedicated court-affiliated service centres for women and girl survivors of violence
Establish and expand legal assistance programmes for women and girls
Establish and expand language-accessible services
Working with the court system
Why work with the court systems to improve the response to survivors?
Strategies to support judicial independence
Strategies to eliminate corruption
Working with judges
General
Judges should modify court protocols, policies, and processes to support women and girl victims of violence
Working with prosecutors
General
Incorporate knowledge of gender-based violence into policies and protocols
Better support to survivors of intimate partner violence
Increase effective investigations and prosecutions
Implementing strategies to reinforce prosecutorial independence and anti-corruption
Robustly and supportively prosecuting cases of violence against women and girls
Extending protective and supportive practices beyond the trial
Working effectively with police
Establishing special prosecutorial units
Working with victim/witness advocates on maintaining effective communication with survivors
Establish services designed for adolescent girls
Provide training and develop capacity
Overview
Develop or modify court infrastructure
Collect data
Provide training
Overview
Judicial training
Training for prosecutors and prosecutor's staff
Training paralegals
Training victims and witnesses
Provide rights-based education and awareness
Monitoring and evaluation
Key principles for monitoring and evaluation
Indicators
Baseline studies
Monitoring
Evaluation
Informal Sector
Overview of main strategies
General
Reform laws and regulate
Innovate and provide alternatives
Abolition
Develop capacity
Human rights and gender training
Raise public awareness
Monitor human rights practices
Challenges
Incorrect assumptions about the informal sector
Inconsistent norms and procedures
Lack of data
Logistics
Political nature of reform projects
Governments shifting responsibilities to NGOs
Special programming considerations
Address concerns about mediation and restorative justice in programme design
Protect women's safety in all aspects of programme work
Reflect on indigenous and minority peoples' rights
Overview
Who are minorities?
Who are indigenous peoples?
What international and regional instruments frame the rights of indigenous and minority peoples?
What are key rights of minorities and indigenous peoples related to justice sector reform and violence against women?
Concerns related to a minority-rights approach to justice for women and girls who experience violence
Programme implementation
Reform laws and regulate
Overview
Types of reform and regulation
Potential pitfalls of regulating the informal sector
Strategic litigation
Innovate and provide alternatives
Abolition
Develop capacity
Overview
Create legal education materials
Create or modify infrastructure
Increase collaboration and linkages
Facilitate knowledge transfer
Train on human rights and gender
Content
Design considerations
Raise public awareness
Monitor human rights practices
What is human rights monitoring?
CEDAW and monitoring informal mechanisms
Monitoring and regional instruments
Monitoring and evaluation
Overview
Baseline studies
Monitoring
Evaluation
References
References
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