Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 219
history are easily perceived as a sign of mistrust or doubt on
the part of the examiner”. 580
The aim in gathering medical evidence should be to provide “an
objective service without sacrificing sensitivity or
compassion”. 581 In prosecuting cases, impartiality is an
essential element in giving medical evidence, and medical
professionals must resist any direct or indirect pressures that
investigators may knowingly or unknowingly place upon them
to produce decisive evidence that can conclude a case. 582
Medical examiners must address their own personal attitudes,
particularly in cultures of victim-blaming or that are generally
discriminatory towards women, to avoid any form of
judgemental questioning or conduct that might impair their
objectivity, such as leading questions about the victims attire
or actions prior to assault. 583 Health workers must also ensure
they do not let any personal preferences, principles or
prejudices affect their conduct towards or discriminate against
women subjected to violence. 584
The UN Handbook for Legislation on Violence against Women
has specified the following requirements for medico-legal
evidence. Legislation should:
580
Ibid, paragraph 270.
581
WHO Guidelines, above note 578, page 20.
582
Ibid, page 20: “Investigators, consciously or unconsciously, may
bring considerable pressure to bear on health care practitioners to
provide an interpretation that would resolve an issue. These forces
may be direct and forceful, or subtle and insidious, and are likely to be
particularly strong in situations where the practitioner has a formal
relationship with an investigating authority, where a close personal
relationship has developed between the investigator and the
practitioner, or when the individual roles of the investigator and the
practitioner become blurred. Fairness may also be compromised when
the practitioner develops an unconscious or misplaced desire to help
investigators.”
583
Ibid.
584
Ibid.