A/HRC/29/40
principle of State action should result in a global model of prevention, protection,
prosecution, punishment and redress for acts of discrimination and violence against women
in cultural and family life.
66.
To prevent any violation in cultural and family life, the State must challenge cultural
discourse and cultural norms that discriminate against women and perpetuate structural
discrimination, taboos or stereotypes based on gender. Attitudes and behaviours towards
women must be changed, and women’s access to employment, education and finance, as
well as the safety of their homes and children, must be ensured by the State in order to
reduce gender inequalities.
67.
In terms of protection, the State must set up effective services that respond to
women’s needs in the short, medium and long term. Risks and factors that may lead to
discrimination against women must be identified proactively so that effective interventions
may be staged before violations are committed.
68.
In the event of violations and discrimination against women, the State has an
obligation to investigate and prosecute. The State must take measures to guarantee privacy,
confidentiality and safety of victims, and to address women’s needs and fears, while
ensuring that they are not subject to stigmatization, social ostracism or reprisals. The State
must be able to foster confidence in the police and the judicial process, including within
plural legal systems. To this end, it must ensure that State bodies and courts systematically
apply the principle of equality when interpreting and enforcing the law and that they do so
in conformity with international standards. The Committee on the Elimination of
Discrimination against Women has pointed out that, where this is not possible, the State is
still liable and must take appropriate action.44
69.
The State has an obligation to punish and to put an end to impunity and excuses or
justification that perpetuate gender-based discrimination in cultural and family life. The
State also has an obligation to afford redress for the harm suffered by women, including by
providing for compensation, restitution, guarantees of non-repetition and even preventive
measures.
70.
Ensuring access to justice for women and girls who have suffered discrimination
within the family or in cultural life is part of the State obligation to protect and respect their
right to equality. This access must be guaranteed at the legislative and institutional levels.
This means, for example, revising all additional laws that affect family and personal status
matters, a process in which women must be involved. Also concerned are auxiliary
regulations, including special measures adopted, where necessary, in such areas as taxation,
social security, retirement benefits, survivors’ benefits, rights relating to nationality and the
right to family reunification, to ensure women and girls’ de facto equality in the various
types of family. Women must take part in the formulation and interpretation of national
laws, including those relating to family affairs. At the institutional level, they must be
involved, on an equal footing, in policy development and judicial bodies so as to ensure that
the principle of equality is effectively applied and that decisions handed down demonstrate
respect for gender equality. Improving access to justice for women also requires genderequality training for State authorities and non-State officials responsible for law
enforcement, social services and education and for medical and forensic personnel.
44
16
Committee on the Elimination of Discrimination against Women, general recommendation No. 28,
paras. 12–33.
GE.15-07003