Transitional Justice and Gender

Abstract

The chapter provides an introduction and overview of key themes and dilemmas in gender scholarship and practice in transitional justice. The chapter begins by addressing preliminary definitional issues concerning ‘gender’ in transitional justice, while also outlining the international normative and policy framework that guides the treatment of gender in transitional justice practice. The chapter identifies and outlines the following key themes of gender work in the field: the definition of ‘harm’ in transitional justice; addressing structural gender inequalities through transitional justice; the participation of women in processes and mechanisms; the place of men and masculinities; and practice to date in addressing violations experienced by sexual minorities. The chapter considers some of the enduring dilemmas in gender work in transitional justice, in particular the ongoing challenge of operationalising gender in practice, whether such efforts should be principally technical or transformative, and the gender implications of the mooted relationship of transitional justice to empire. The chapter concludes by emphasizing the importance of translating scholarly and policy developments into gender-equitable outcomes of transitional justice.

Keywords: Gender, feminism, masculinities, sexual minorities, transitional justice, truth commissions, reparations, prosecutions, human rights, participation