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 harm
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Protecting 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 harm
Additional 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
strengths
From : 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)
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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
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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
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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 Judgment
Case 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
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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
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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 possible
During report-writing
• Hard conclusions
• Corroboration mechanisms
• Timeliness
Principle 13
Impartiality and Objectivity
Impartiality and Objectivity
• Neutral stance
• Objective evaluation of findings
International 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
Integrity
Honesty
Respect to interviewers and team
members
Professional demeanor
Be knowledgeable
Diligence and competence
Avoid 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!