Highlighting the impact of terrorism on the human rights of women and girls.

 

The UNODC sees equality, non-discrimination and respect for women’s rights as key components of a robust criminal justice framework guided by the core principles of the rule of law, due process and protection of human rights. The present publication has been developed with the conviction that an effective criminal justice response to terrorism must include a gender perspective, adopt an approach based on gender mainstreaming and human rights, and take account of the multifaceted and distinct ways that women and men are involved in, and impacted by, terrorist acts. 

Women and men, girls and boys are among the victims of acts of terrorism, such as hostage-taking, explosives attacks in public places, or aeroplane hijacking. Terrorist groups, however, also specifically target women through acts of sexual and gender-based violence – such as rape, sexual slavery and forced marriage – as a means of achieving tactical, strategic and ideological aims. Many terrorist groups encroach on women’s human rights and impede their socioeconomic development, including by restricting their movement. In some contexts, women disproportionately experience internal displacement as a result of terrorist threats, and lose access to livelihoods owing to terrorist attacks. Women may also face gender-specific difficulties when attempting to access justice and seeking remedies as victims of terrorism. Some women actively and voluntarily support terrorist groups, ideologically and operationally, and are involved in the commission of terrorism-related offences. The active participation of women in terrorist groups is not a new phenomenon. Women fulfilled frontline roles in, for example, the Euskadi Ta Askatasuna (ETA) and Partiya Karkerên Kurdistan (PKK), and leadership roles in the Liberation Tigers of Tamil Eelam (LTTE). The circumstances of women’s association with contemporary terrorist and violent extremist groups, the roles they fulfil in these groups and the levels of violence with which they engage, however, differ from men in many contexts, and are often based on gender roles and stereotypes. In some conflicts, women become associated with these groups through coercion or abduction, and may commit terrorism-related offences while themselves being victims of violence by terrorist groups. Despite these different impacts and associations, traditional analysis has often placed women on the periphery of terrorism and counter-terrorism discourses, being viewed either as victims or as unwilling or incidental associates of the primary terrorist actors. There has, however, been a discernible shift at the international level towards recognizing that women are associated with, and affected by, acts of terrorism in many different ways. 

The Security Council helped to shift international dialogue on these matters with the adoption of resolution 2242 (2015), in which the Council recognized the differential impact of terrorism on the human rights of women and girls, and called for the greater integration by Member States and the United Nations of their agendas on Women, Peace and Security; counterterrorism; and countering violent extremism. In 2016, the General Assembly, in its resolution 70/148, urged States to ensure that gender equality and non-discrimination were taken into account when shaping, reviewing and implementing all counter-terrorism measures, and to promote the full and effective participation of women in those processes. A corollary of this shift is an increased recognition of the need to examine how gendered experiences and practices should inform and shape the criminal justice response to terrorism. In 2017, the General Assembly, in its resolution 72/194, encouraged UNODC to assist Member States, upon request, in mainstreaming gender perspectives into criminal justice responses to terrorism, in full compliance with human rights law, in order to prevent the recruitment of women and girls as terrorists and promote the full protection of women and girls from any form of exploitation or violence perpetrated by terrorists. The present publication is designed to complement existing tools that UNODC has developed, some of which provide guidance on the ratification and implementation of the universal legal instruments against terrorism, and others that are focused on strengthening specific aspects of the criminal justice responses to terrorism, including from a human rights perspective. The publication also complements the broader work of UNODC in mainstreaming gender across all its programmes, practices and policies, as reflected in its Guidance Note for UNODC Staff: Gender Mainstreaming in the Work of UNODC, and the Gender Equality Strategy for the United Nations Office on Drugs and Crime and the United Nations Office in Vienna (2018–2021). 

The present handbook will be relevant to the work of judicial officials, prosecutors, law enforcement and corrections officers, and lawyers assisting suspects or victims of terrorism. It will also be useful to policymakers, lawmakers, and civil society organizations active in the fields of women’s rights and counter-terrorism and the prevention of violent extremism. Legal and policy recommendations are provided, based on international standards and promising practices of international, regional and selected national bodies, in order to assist the users in addressing some of the key gender issues arising in the criminal justice response to terrorism. The handbook follows a multidisciplinary approach, integrating best practice from the fields of counter-terrorism, criminal justice, promotion of women’s rights and equality, and the elimination of violence against women. The handbook contains a number of tools to enable readers to engage with the material in an in-depth manner. “Focus” boxes provide a deeper insight into specific concepts, and “example” boxes facilitate a comparative approach by supplying case studies that illustrate national and international practice and jurisprudence. Information on further reading is provided in order to direct readers to additional sources on specific topics. Finally, a summary of key points is included at the end of each chapter to provide a concise checklist of issues raised in that chapter. 

The handbook consists of six chapters.

 Chapter 1 contains an examination of the concept of gender mainstreaming in counter-terrorism and in the criminal justice system. It also examines how this concept fits into the international human rights framework and the policy context of the Women, Peace and Security agenda and the Sustainable Development Goals. 

Chapter 2 includes an exploration of the ways in which the criminalization of acts of terrorism may affect women differently than men. It begins with a brief review of the differing roles of women in contemporary terrorist groups. The chapter also includes a look, with a gender perspective, at selected terrorism-related offences, such as supporting acts of terrorism, financing of terrorism and offences related to foreign terrorist fighters. It also covers criminal justice responses to situations where an individual is alleged to have committed a terrorism-related offence while having been involuntarily associated with a terrorist group. 

Chapter 3 is focused on gender perspectives and good practices regarding the investigation and prosecution of terrorism cases. It covers investigative methods and powers, interviewing, witness protection and the importance of strengthening the representation of women in law enforcement and the judicial system, including in specialized counter-terrorism units. Gender-based vulnerabilities are often acute in the contexts of imprisonment and other forms of deprivation of liberty. As such, chapter 4 contains a discussion of vulnerabilities and good practices regarding the imprisonment of persons suspected, accused or convicted of having committed terrorism-related offences, and provides guidance on implementing gender-sensitive policies and practices, as well as the protection of women’s rights in this regard. 

Chapter 4 also contains an examination of alternative measures and detention outside the criminal justice context. 

Terrorist groups have targeted women, men, girls and boys through acts of sexual and gender-based violence to achieve tactical objectives and ideological aims. Chapter 5 contains a discussion of the legal frameworks that can be used to hold the perpetrators of these crimes accountable, including terrorism offences, trafficking in persons offences, and war crimes and crimes against humanity. The chapter also includes a discussion of the key challenges and good practices for investigation and prosecution, which is complemented by an analysis of international cooperation aspects. Finally, chapter 6 includes an examination of the gender dimensions of challenges that victims of terrorism may experience in obtaining access to justice and remedies, and good practices to overcome these challenges. The chapter also contains an examination of access to justice and remedies for victims of sexual and gender-based violence and trafficking in persons perpetrated by terrorist groups. Lastly, it includes a discussion of the role of gender-sensitive transitional and traditional justice mechanisms as alternatives to criminal justice proceedings. 

Read the Handbook on GENDER DIMENSIONS of criminal justice responses to terrorism!