Key steps in investigating and documenting violations of women

• The key steps identified by Women, Law & Development International and Human Rights Watch for investigating and documenting violations of women’s human rights include the following:
  • Preparation Steps 
    • Set investigation objectives
    • Identify the violation
    • Identify key actors
    • Create an information checklist
    • Identify likely sources of information
    • Agree on a research methodology
    • Make logistical and other arrangements
      1. Identify and obtain necessary resources
      2. Select fact finders
      3. Select interpreters
      4. Establish security measures

  • Fieldwork/Investigations 

    • Decide on the type of evidence to be gathered

    • Establish parameters for interviews

    • Conduct the interviews

      1. Make careful notes
      2. Devise an indexing system to compare comments on the same incidents
      3. Keep a reminder list to collect additional information
      4. Ask for documents to substantiate information gleaned
      5. Use interview protocols
      6. Compartmentalize:  Never tell one witness what another has said
      7. Use judgment to withhold information that may jeopardize the safety or well-being of those giving testimony
      8. End the interview by thanking the interviewee and asking an open-ended question such as “is there anything else I should know?”

    • Gather secondary data

  • Follow-up and Analysis
    • Show that there is a protected right
    • Show that a women’s human rights violation occurred
    • Clearly demonstrate state responsibility
    • Identify and evaluate potential solutions
    • Report the findings -- The report should:
      
      1. Detail the evidence collected
      2. Vary the sources of evidence
      3. Make a clear human rights argument
      4. Include conclusions and recommendations
      5. Include the government’s response if they have received and commented on an advance copy of the report
      6. Send the final report to those interviewed
  • Ongoing Monitoring and Follow Up
    •    Advocates should commit to significant monitoring and follow-up after the investigation and documentation of human rights violations against women and girls is completed.  This is critical to any advocacy work following the release of a human rights report.  Advocates must monitor the implementation of the recommendations of the report to ensure that legislators, prosecutors, judges, police, service providers, and the media do not simply ignore the report. Advocates should plan for this effort and ensure that appropriate resources are dedicated to it. The findings from this process will inform the advocacy efforts.
    • Monitoring and follow-up may include any of the following activities:
      • Creating legislative proposals for new or amended laws addressing the documented human rights violations against women and girls;
      • Training prosecutors, judges, police, service providers and the community about the documented violations and the most appropriate response;
      • Coordinating monitoring teams to ensure the recommendations are taken seriously;
      • Observing legal proceedings that address the documented violations; and
      • Communicating with officials about their role in addressing the documented violations.

(See:  Women’s Human Rights Step by Step, Women, Law & Development International and Human Rights Watch, 153-154, 1997)

• Additional information about monitoring laws may be found in the “Monitoring of Laws on Violence Against Women and Girls” section of this knowledge asset, including a case study on monitoring the implementation of the Bulgarian law on domestic violence.