Copyright (c) Minnesota Advocates for Human Rights Human Rights Monitoring: Documenting Domestic...

Copyright (c) Minnesota Advocates for Human Rights

Human Rights Monitoring:

Documenting

Domestic Violence as a

Human Rights Abuse

February 2008

Why Monitor Human Rights?

• To pressure governments to apply international standards

• To undertake domestic legal actions

• To put pressure on the government to do something or stop doing something

• To raise awareness of abuses

Documenting Domestic Violence

• Establish the existence and prevalence of the problem

• Document and evaluate the responses of the legal, medical and social advocacy communities, both action and inaction of the government

• Analyze the government compliance with international standards related to domestic violence

UN Principles of Monitoring for On-site Investigation

• DO NO HARM (ALWAYS keep in mind the safety of the people providing information)

• Respect the mandate• Know the international human rights standards• Understand the country and respect the authorities• If you don’t know, ask!• Protect confidentiality of information• Always exercise good judgment/act professionally• Be impartial, objective (in both attitude and

appearance), accurate – and patient• Credibility is key - don’t make promises you can’t keep

• Interviewing

• Inspection (seeing with your own eyes)

• Process observation (trials, justice system proceedings)

• Review (and collection) of relevant documents

On-site fact-finding usually involves a combination of:

Domestic Violence Fact-finding Methodology

Step 1: Determine what information is needed and how to obtain it.

Step 2: Outline international legal obligations

Step 3: Recruit and train researchers

(continued)

Domestic Violence Fact-finding Methodology

Step 4: Conduct background research

Step 5: Research organization of legal system

Step 6: Research relevant laws

(continued)

Fact-finding Methodology

Step 7: Conduct fact-finding interviews:• Legal system professionals (attorneys,

prosecutors, judges, forensic doctors)• Police officers• Physicians and other health professionals• NGOs and women’s advocates• Academics • Journalists• Religious leaders

(continued)

Fact-finding Methodology

Step 8: Summarize and organize interview notes

Step 9: Review records and other written materials

Step 10: Draft the report

Step 11: Use report for education/advocacy

Outline International Legal Protections

International Legal Protections

Women have the right to security of person and freedom from torture and cruel and inhuman or degrading treatment

UDHR, Art. 3, Art. 5, Art. 6, Art. 7

ICCPR, Art. 6, Art. 7

European Convention, Art. 2, Art. 3, Art. 5

(continued)


Women have the right to an effective remedy for acts violating their fundamental human rights

UDHR, Art. 8

ICCPR, Art. 2

European Convention, Art. 13

(continued)


Women have the right to be free from discrimination

Women’s Convention

UDHR, Art. 8

ICCPR, Art. 2

(continued)


Women’s Convention General Recommendations

Gen. Rec. 19: Violence against women constitutes discrimination and severely inhibits women’s ability to enjoy rights and freedoms on a basis of equality with men.

(continued)


Women’s convention General Recommendations

Gen. Rec. 12: All parties to the convention should report to CEDAW on the existence of support services for victims of family violence, relevant legislation, statistical data and measures adopted to eradicate violence against women in the family.

Declaration on the Elimination of Violence Against Women

Women have the right to governmental protection against violence. Governments are prohibited form invoking “any custom, tradition or religious consideration to avoid their obligations with respect to its elimination.”

(continued)


Under the Declaration, governments must:

1) investigate and punish acts of domestic violence;

2) develop comprehensive legal, political, administrative and cultural programs to prevent violence against women;

3) provide training to law enforcement officials; and

4) promote research and collect statistics relating to the prevalence of domestic violence.

(continued)


The Declaration directs states to work to ensure that women subjected to violence and their children receive “specialized assistance, health and social services, facilities and programs as well as support structures, and should take all other appropriate measures to promote their safety and physical and psychological rehabilitation.”

Conduct Background Research

Research the Organization of the Legal System

1) Outline the structure of the courts

2) Determine which courts handle cases involving domestic violence

3) Gather any protocols for dealing with domestic violence in courts

Research Laws

1) Constitution

2) Criminal Laws (including the Code of Criminal Procedure)

3) Civil Laws

4) Laws governing the divorce process (including issues of support and child custody)

5) Applicable Administrative Procedures

Conduct Interviews

Interviewing is the most common method of collecting information about alleged human rights abuses.

General Considerations

• We will be discussing ideal conditions; you rarely have ideal conditions

• Use your judgment about how to deal with deviations from guidelines

• Take advantage of every opportunity to gather information

Preparing for the Interview

• Two people should conduct the interview if possible (one person should be lead interviewer)

• Arrange for adequate interpretation, if necessary

• Generally, the interviewee decides the time and place of the interview

• Review background information

(continued)


• Develop individualized strategies for potentially difficult interviewees

• Outline topics that should be covered in the interview, note specific questions to be answered

• Do not schedule another appointment too soon after the interview

• Interview one individual at a time

(continued)


• Have as few people as possible in the room

• Consider the set up of the room and the seating arrangement

• Make sure no interruptions occur during the interview

Conduct During the Interview

• Maintain eye contact with the interviewee

• Avoid judgmental or evaluative remarks

• Be patient

• Do not interrupt the speaker

• Do not push the interviewee, if an issue is too sensitive, come back to it later

• Know when to stop

Beginning the Interview

• Note the names and contact information of everyone present

• Introduce yourself and the organization

• Describe the mandate of the research or mission

• Explain how the information will be used

• Explain carefully what you can and cannot do with the information or case (do not raise expectations)

• Assure the interviewee of confidentiality

Interview Questions• Ask open-ended questions• It is often helpful to start by letting the

interviewee tell his/her story chronologically• Start with the more non-controversial and less

sensitive questions• Ask for clarification of anything you do not

understand• Avoid leading questions• Ask questions in concise language that is easy

to understand (avoid lingo and slang)• Be prepared to deviate from outlines and topics

(continued)

Interview Questions• Be as thorough as possible, approach each

interview as though it will be your only chance to talk to the interviewee

• Do not ask questions outside the mandate of the research

• Ask the interviewee to spell out names for you

• Do not indicate that you do not believe what you hear

Working with Difficult Interviewees

• Anticipate potential problems

• Provide context to create trust

• Demonstrate understanding of challenges

• Back-up and engage in “small talk” if appropriate

• Rephrase your questions

• If all else fails, end interview and try to reschedule

Seek Additional Information

• Ask interviewee to suggest other people to interview

• Ask for relevant documents (get and copy immediately if possible)

• Get commitment for permission to review documents and follow-up immediately

• Get police response protocols

Ending the Interview• Give the person taking notes a chance to ask

follow up questions• Ask if the interviewee has anything to add• Let the interviewee ask you questions• Reassure the interviewee about confidentiality• Reiterate the mandate of the research and

how the information will be used• Agree on follow-up procedures• Make sure you know how to contact the

interviewee for any follow-up questions

After the Interview• Review your notes as soon as possible

(ideally when the interpreter is still there to fill in details)

• Type your notes as soon as possible

• Make any notes about credibility

• Identify any follow up

Interviewing Torture Survivors can be More Challenging due to:

• Content of the material

• Distrust/Fear

• Memory and concentration problems

• Fatigue, body pain

• Irritability, anger, sadness, poor motivation

• Trauma “triggers” in the environment

• Dissociation (tuning out)

• Lack of basic needs

Conducting Interviews for Documentation of Domestic

Violence

Interview legal professionals

The focus of a human rights analysis of domestic violence is the state response to the violence, it is important to interview members of the legal community to determine how the state handles victims of violence and the types of remedies available to the victims.

Police officers

• First to see cases of domestic violence

• Provide information on the priority the government gives to cases of domestic violence

• Police response may determine whether the woman gets any legal remedies

• Provide information about beliefs and attitudes which may inhibit arrests

Attorneys

• Provide information about the legal system

• Provide information about how women are treated in the system

• May also provide information about prevalence of the problem

Prosecutors

• Provide information about the law and how it is applied

• Provide detailed information about the legal process

• Provide information about beliefs and attitude that inhibit prosecution

Judges

• Treatment of domestic violence cases in court

• Common barriers to effective prosecution

• Penalties

Forensic Doctors

• Documentation of injuries

• Grade injuries based on legal standards

Interview Medical Professionals and other

Individuals

Interview the Medical Community

• Nature and prevalence of domestic violence

• Typical cases

• Reactions of women to the violence

Other Categories include:

1) Women’s Advocates

2) Academics

3) Journalists

4) The Religious Community

Review Documents and Other Materials

Review Court Records

1) Review family court files to determine the types of cases the court sees, the number of divorces that involve allegations of domestic violence and how the system deals with these cases.

2) Review criminal court files to analyze the cases that involve prosecution of domestic violence crimes.

Review Medical Records

1) Generally seek the assistance of medical professionals in gathering information. In addition to language issues, there may be confidentiality problems with providing access to medical records.

2) Get information from the emergency room, general practitioners and forensic doctors on the prevalence of domestic violence and the types of injuries women most commonly suffer.

Human Rights Reporting

Goal: Present a summary of information obtained and recommend possible actions.

A good report should:• Be based on fact

• Set out sources

• Provide an impartial account—Be fair

• Use objective language

• Avoid comment

• Standardize the presentation of the information

• Contain conclusions and the reasons for them

• Set out recommendations for action

Using Human Rights Reports

• Pressure national governments to implement human rights protections

• Report on (Non) compliance with international law

• Lobby for legislative and policy change

• Use as a basis for training

• Raise public awareness of an issue

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