1. Copyright (c) Minnesota Advocates for Human Rights Human Rights Monitoring: Documenting Domestic Violence as a Human Rights Abuse February 2008

2. 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

3. 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

4. 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

5. 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:

6. 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)

7. Domestic Violence Fact-finding Methodology Step 4: Conduct background research Step 5: Research organization of legal system Step 6: Research relevant laws (continued)

8. 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)

9. 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

10. Outline International Legal Protections

11. 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)

12. International Legal Protections 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)

13. International Legal Protections Women have the right to be free from discrimination Women’s Convention UDHR, Art. 8 ICCPR, Art. 2 (continued)

14. International Legal Protections 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)

15. International Legal Protections 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.

16. 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)

17. Declaration on the Elimination of Violence Against Women 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)

18. Declaration on the Elimination of Violence Against Women 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.”

19. Conduct Background Research

20. 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

21. 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

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

23. 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

24. 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)

25. Preparing for the Interview 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)

26. Preparing for the Interview 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

27. 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

28. 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

29. 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)

30. 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

31. 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

32. 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

33. 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

34. 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

35. 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

36. Conducting Interviews for Documentation of Domestic Violence

37. 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.

38. 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

39. 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

40. 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

41. Judges Treatment of domestic violence cases in court Common barriers to effective prosecution Penalties

42. Forensic Doctors Documentation of injuries Grade injuries based on legal standards

43. Interview Medical Professionals and other Individuals

44. Interview the Medical Community Nature and prevalence of domestic violence Typical cases Reactions of women to the violence

45. Other Categories include: 1)Women’s Advocates 2)Academics 3)Journalists 4)The Religious Community

46. Review Documents and Other Materials

47. 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.

48. 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.

49. Human Rights Reporting Goal: Present a summary of information obtained and recommend possible actions.

50. 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

51. 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