Gender justice and youth participation in the context of transitional justice
Gender Justice
Human rights violations may have special consequences for women and others targeted because of their social type or gender identity. This requires that victims be assisted in accessing their rights to justice, truth and reparation, and in imposing respect for their dignity, by keeping up, supporting and providing them with favourable responses. and to assist them in seeking recognition and accountability for both sexual and gender-based violations committed under systematic abuse.
In conflict or authoritarian rule, women are often targeted for human rights violations, because of their social type and marginalization in different societies. Women may be subjected to physical and sexual violence, as well as other violations in special ways, such as forced concealment, displacement and socio-economic discrimination.
For example, women, whose husbands were forcibly concealed during the conflict, may suffer prolonged psychological trauma and may face unjust legal barriers and other forms of discrimination because of their confused status, as they are not married or widowed. Women may be at greater risk of exploitation, owing to their increased poverty after their dependent loss and ostracization from their families and close social services.
This accumulation of harm often undermines womens ability to find sources of support due to structural inequality. Even the transitional justice mechanisms themselves, if misplaced, may overlook womens particular needs and their responses may reflect the gender imbalance in power over society as a whole.
It is true that women fall into the most marginalized group in society and need special attention and targeted transitional justice responses, but gender justice is not limited to them. All victims experiences must be assessed in order to consider their gender implications. A gender-sensitive approach to transitional justice would consider and address the broad spectrum of experiences, including the experiences of male victims in some contexts.
Can transitional justice contribute to strengthening justice for victims of sexual and gender-based violence?
Transitional justice responses to gender-based violations committed during conflict or authoritarian rule are essential in order to ensure justice for victims and to combat womens marginalization and prevent future violations of their rights and those of other groups targeted because of their social type. Equally important is ensuring that transitional justice measures address the causes and consequences of womens attacks, including those that are not gender-based in nature.
Recent decades have seen significant progress in the general recognition of gender inequality and discrimination and gender-based human rights violations. More generally, however, these statements do not amount to meaningful translation on the ground. The failure in this regard is due to limited technical knowledge on how to implement measures to encourage womens participation and adequately address the nature of gender-related human rights violations.
This imbalance is exacerbated by womens exclusion from decision-making. If policy is to respond appropriately to all needs, women must play a pivotal role both in the development and implementation of transitional justice measures. This is particularly the case when trying to implement the policy in the light of the persistence of sexual and gender-based violence and where the authorities will and ability to investigate is diminished.
Youth participation
The consideration of children and young people as a special category of victims, recognition as citizens and understanding of their unique needs are prerequisites for breaking intergenerational cycles of abuse and impunity. Children and young people are among the most vulnerable to the effects of conflict and gross human rights violations. Violations, such as school targeting, forced recruitment, sexual violence, displacement and poor health care, have long-term effects that may undermine young peoples future. In fact, conflict and repression affect children in a prolonged manner, as they are exposed during their first formative years in which they are more vulnerable and vulnerable. In order to draw a complete landscape in which what has happened, who has been harmed and how it continues to affect individuals lives, both the voices of children and young people must be recognized and listened to. Young people "have the right to express those views in all matters affecting them, in accordance with their age and maturity", as stipulated in the Convention on the Rights of the Child.
In various parts of the world, young peoples effective and informed involvement in transitional justice processes has improved their relevance and benefit. Young people are the next generation of leaders, professional workers, parents, members of the community and voters, so they are the fundamental component responsible for consolidating the new political order, establishing democratic values and sustaining peace. Engaging young people in transitional justice efforts will inspire a sense of responsibility and a spirit of activism. Young people tend to advocate for accountability and reform and to help build a society that upholds sustainable peace and human rights.
Guidelines:
- To treat young people with respect and citizenship and to support them in the exercise of their political role;
- Looking beyond the limits of formal youth "institutions" to engage young people in broader and more popular youth movements;
- Adopt a process-centric approach, and young people themselves participate in determining its final results.
Key focus areas include:
- Promote civic participation. By allowing young peoples space and providing them with the tools to carry out this multi-generational work. For example, our report entitled "Our Future, Our Justice: Young People Taking the Lead", prepares advice and strategies for young people interested in seeking truth, reform, equity and justice, while the briefing paper entitled "Catalyst for Change" provides guidance to transformative policymakers.
- Making change through art. Perhaps one of ICTJs most innovative work is to collaborate with young activists and artists to actively engage in defining national narratives. In Colombia, for example, we co-organized an international hip-hop festival, which demonstrated the musics role and culture in uncovering truth and resisting violence and oppression; In Tunisia, we launched the project "Voices of the Memory", which urges young people to think carefully about the root causes of past and present injustices, as well as their role in advancing justice; In the Gambia, we held a national poetry competition that highlighted the poetry organized by young people around democracy and human rights.
- Protecting rights and promoting homes simultaneously. We acknowledge the role of young people and commit ourselves to a "no harm" approach. We support child-sensitive strategies, as outlined in our guide entitled "Listening to Young Voices", prepared specifically for practitioners and addressing how to interview young people in safety and respect.
