Basic Principles of Fact-finding Day 1 Rosalyn Park.

Basic Principles of Fact-finding

Day 1

Rosalyn Park

Monitoring Defined

Monitoring:• Collection, verification and use of information

about implementation of DV laws• International human rights norms are the

standard to objectively assess the systems’ response to DV in your legal system

• Systematic and unbiased approach to gather, verify and analyze information to identify whether the government is meeting its human rights obligations when it applies the law to DV situations

Principle 1

Do no harm.

Do no harm

Interviewing Victims– Alternative sources

– Participation safe and strictly voluntary

– Appropriate support structures in place

– Always keep this principle in mind: anyone you interview could be a victim

Do no harm

•Your primary duty is to the victim and potential victims:

– Physical safety

– Emotional and mental health

Do no harm

Physical harm

• If risk of physical harm, do not conduct the interview!

• Steps to protect against physical harm– Interviewing men in the same household as

the woman– Disclosures to community– Confidentiality

Researching Violence against Women, WHO, 2005.

Do no harm

Emotional health• Re-traumatization• Incorporate measures to minimize and

address emotional harm– Train interviewers– End interview recognizing interviewee’s

strengths– Provide referrals– Partner with psycho-social counselors

Do no harm

Informed Consent

• Interviewees know and understand: – Why the monitoring is

happening– What their participation

means– That their participation is

voluntary

Do no harm

Informed consent should tell the interviewee: About the project About the interviewer’s role and what she can or

cannot do That sensitive topics may be raised She can end the interview at any time or skip any

questions Potential consequences of her participation Potential re-traumatization What will happen to the information they provide What interviewees can expect

Bulgaria case example

Interviewing a victim

Do no harmProtecting confidentiality

• Private and safe interview location

• Code interviews

• Password protect electronic documents and protect physical documents

• Plan safeguards in case of interruption during the interview

• Restrict access to interview notes to only key staff members involved in the project

Do no harmAdditional guidelines to reduce harm to women

• Interview only 1 woman per household• Do not inform the public that the interview asks about VAW• Do not interview men about VAW in the same households as

women interviewees• Use complete privacy for interviews• Use dummy questionnaires if others enter the room during an

interview• Use candy and games to distract children during interviews• Self-response questionnaires may be appropriate for some parts

of the interview• Train interviewers to recognize and address an interviewee’s

distress• End interview on a positive note emphasizing a woman’s

strengthsFrom : Researching Violence against Women, WHO, 2005.

Principle 2.

Respect the mandate

Respect the mandate

•Understand the mandate

•Keep it in mind at all times

•Respect boundaries

•Know how to apply it to each situation

Tip: Circulate a preliminary memo to all team members so they understand the mandate

Respect the mandate

Case example: Boundaries

You interview a victim. She tells you Child Protection has taken away her son (not a victim of violence) because of the domestic violence. She asks for your help to get her child back. Do you:Offer your services to help her regain custody of the child?Call Child Protection and tell them what they did was wrong? Provide referrals to organizations that can assist her?

Principle 3

Know the standards

Know the standards

Relevant international standards• Right to be free from discrimination

• includes VAW (Gen. Rec. 19, DEVAW)

• Right to life, liberty and security of person• Due process• Equality with men before the law• Right to highest attainable level of physical and mental health• Freedom from discrimination in marriage and family matters• Right to be free from torture• Right to an effective remedy

International Standards on Domestic Violence and Their Implementation in the Western Balkans, Vesna Nikolić-Ristanović and Mirjana Dokmanović, 2006.

Know the standards

• Due diligence– Private acts

• Equal protection– Whether

perpetrator is intimate partner or stranger

Know the standards

Domestic laws and policies• State and local laws

• National plans and policies on VAW and DV

• Police, prosecution, health care protocols

• Child protection policies

• Community policies

• Judicial order for protection forms

• Victim support policies

Bulgaria case example

• Law on Protection against Domestic Violence• Criminal Code• Criminal Procedure Code• Code of Civil Procedure• Child Protection Act• Declaration to Combat VAW• Program for Prevention and Protection from DV• Action Plans on DV by relevant ministries• Police Protocol and Guidelines• Police pocket cards

Principle 4

Use good judgment

Use good judgment

Unexpected situations

• Good personal judgment

• Common sense

• Respect the mandate

• DO NO HARM

Use Good JudgmentCase example:

Know when to end interview

• Interviewing women in small town on the street–Tajikistan example

• Conflicts during interview with team members or interviewees

Principle 5

Seek consultation

Seek consultation

• Other team members

• Team leader

• Victim population (advocates)

• Experts

Principle 6

Respect the authorities

Respect the authorities

• Goal: Encourage systems actors to improve their response to DV when they apply the laws, policies, protocols and procedures–Preserves opportunity for dialogue in

advocacy phase

Respect the authorities

Case example: Court WATCH

Principle 7

Credibility

Credibility

• Accuracy

• Objectivity

• Promises

Credibility

• Steps to ensure credibility– Impartial process– Process to detect potential faults in

monitoring– Corroboration– Test internal consistency during interview– Sufficient interview pool– Audit trail– Compensation for interviewees– Perception vs. fact

Principle 8

Confidentiality

Confidentiality

• Steps to safeguarding confidentiality–Private interview space–Protecting recorded information and

interview notes–Anonymity in report

• Exceptions–Public figure

Principle 9

Security

Security

Interviewees• Principles of:

–Do no harm–Protect

confidentiality

Team members• Check-in• Avoid risks• Carry cell

phone• Travel in

pairs/teams

Principle 10

Understand the context

Understand the context

• Community

• Politics and dynamics

• Local government structures

• Micro-communities–Consultation considerations

Principle 11

Consistency, Persistence, Patience

Consistency, Persistence, Patience

• Persevere

• Be patient

• Be flexible

Principle 12

Accuracy and Precision

Accuracy and Precision

During the interview• Detail• Follow-up• Write up notes as soon as possibleDuring report-writing• Hard conclusions• Corroboration mechanisms• Timeliness

Principle 13

Impartiality and Objectivity

Impartiality and Objectivity

• Neutral stance

• Objective evaluation of findingsInternational Standards on Domestic Violence and Their Implementation in the Western Balkans, Vesna Nikolić-Ristanović and Mirjana Dokmanović, 2006.

Principle 14

Sensitivity

Sensitivity

• Consequences for interviewees

• Selection of interviewers

• Training of interviewers

Researching Violence against Women, WHO, 2005

Principle 15

Integrity and Professionalism

Integrity and Professionalism

IntegrityHonestyRespect to interviewers and team

membersProfessional demeanorBe knowledgeable Diligence and competenceAvoid making promises you cannot keep

Principle 16

Visibility

Visibility

• Informing relevant authorities and local community

Visibility

• Benefits– Can garner greater publicity and support

– Can facilitate interviews with high-level officials

• Drawbacks– Placing victims at risk if VAW questions

are known

You’re prepared for the next step!