Women’s access to justice 2015, para. 57
Paragraph- Paragraph text
- Many jurisdictions have adopted mandatory or optional systems for mediation, conciliation, arbitration and collaborative resolutions of disputes, as well as for facilitation and interest-based negotiations. This applies, in particular, in the areas of family law, domestic violence, juvenile justice and labour law. Alternative dispute resolution processes are sometimes referred to as informal justice, which are linked to, but function outside of, formal court litigation processes. Informal alternative dispute resolution processes also include non-formal indigenous courts and chieftancy-based alternative dispute resolution, where chiefs and other community leaders resolve interpersonal disputes, including divorce, child custody and land disputes. While such processes may provide greater flexibility and reduce costs and delays for women seeking justice, they may also lead to further violations of their rights and impunity for perpetrators because they often operate on the basis of patriarchal values, thereby having a negative impact on women's access to judicial review and remedies.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Families
- Women
- Year
- 2015
- Paragraph type
- Other
- Reference
- CEDAW General Recommendation No. 33, Women’s access to justice (2015), para. 57.
- Paragraph number
- 57
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