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Women’s access to justice 2015, para. 68b
- Paragraph text
- [The Committee recommends that States parties:] The Committee recommends that States parties:Conduct and encourage the creation and dissemination of outreach and educational programmes, resources and activities, in various languages and formats, to inform women, civil society organizations and institutions of the procedures available for furthering women's access to justice through the Optional Protocol.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 68a
- Paragraph text
- [The Committee recommends that States parties:] The Committee recommends that States parties:Ratify the Optional Protocol;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 67
- Paragraph text
- The Optional Protocol to the Convention creates an additional international legal mechanism to enable women to bring complaints in relation to alleged violations of the rights set forth in the Convention and to enable the Committee to conduct inquiries into alleged grave or systematic violations of the rights set forth in the Convention, thereby reinforcing women's right to access to justice. Through its decisions on individual communications issued under the Optional Protocol, the Committee has produced noteworthy jurisprudence in relation to women's access to justice, including in relation to violence against women, women in detention, health and employment.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 66
- Paragraph text
- In view of the fundamental importance of women's access to justice, the Committee recommends that States parties withdraw their reservations to the Convention, in particular to articles 2 (c), 5 (a), 15 and 16.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 65d
- Paragraph text
- [Many countries have made reservations to:] Article 16, which indicates that States parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 65c
- Paragraph text
- [Many countries have made reservations to:] Article 15, which indicates that States parties shall accord to women a legal capacity in civil matters identical to that of men and the same opportunities to exercise that capacity, and that they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Men
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 65b
- Paragraph text
- [Many countries have made reservations to:] Article 5 (a), which indicates that States parties shall take all appropriate measures to modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either sex or on stereotyped roles for men and women;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 65a
- Paragraph text
- [Many countries have made reservations to:] Article 2 (c), which indicates that States parties undertake to establish legal protection of the rights of women on an equal basis with men and to ensure, through competent national tribunals and other public institutions, the effective protection of women against any act of discrimination;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Men
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 64g
- Paragraph text
- [The Committee recommends that, in cooperation with non-State actors, States parties:] Foster constructive dialogue and formalize links between plural justice systems, including through the adoption of procedures for sharing information among them.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 64f
- Paragraph text
- [The Committee recommends that, in cooperation with non-State actors, States parties:] Ensure the equal participation of women at all levels in the bodies established to monitor, evaluate and report on the operations of plural justice systems;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 64e
- Paragraph text
- [The Committee recommends that, in cooperation with non-State actors, States parties:] Ensure the availability of legal aid services for women to enable them to claim their rights within the various plural justice systems by engaging qualified local support staff to provide that assistance;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 64d
- Paragraph text
- [The Committee recommends that, in cooperation with non-State actors, States parties:] Ensure that women have a real and informed choice concerning the applicable law and the judicial forum within which they would prefer their claims to be heard;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 64c
- Paragraph text
- [The Committee recommends that, in cooperation with non-State actors, States parties:] Provide safeguards against violations of women's human rights by enabling review by State courts or administrative bodies of the activities of all components of plural justice systems, with special attention to village courts and traditional courts;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 64b
- Paragraph text
- [The Committee recommends that, in cooperation with non-State actors, States parties:] Enact legislation to regulate the relationships between the mechanisms within plural justice systems in order to reduce the potential for conflict;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 64a
- Paragraph text
- [The Committee recommends that, in cooperation with non-State actors, States parties:] Take immediate steps, including capacity-building and training programmes on the Convention and women's rights, for justice system personnel, to ensure that religious, customary, indigenous and community justice systems harmonize their norms, procedures and practices with the human rights standards enshrined in the Convention and other international human rights instruments;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 63
- Paragraph text
- The Committee has observed a range of models through which practices embedded in plural justice systems can be harmonized with the Convention in order to minimize conflicts of laws and guarantee that women have access to justice. They include the adoption of legislation that clearly defines the relationship between existing plural justice systems, the creation of State review mechanisms and the formal recognition and codification of religious, customary, indigenous, community and other systems. Joint efforts by States parties and non-State actors will be necessary to examine ways in which plural justice systems can work together to reinforce protection for women's rights.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 62
- Paragraph text
- The presence of plural justice systems can, in itself, limit women's access to justice by perpetuating and reinforcing discriminatory social norms. In many contexts, the availability of multiple avenues for gaining access to justice within plural justice systems notwithstanding, women are unable to effectively exercise a choice of forum. The Committee has observed that, in some States parties in which systems of family and/or personal law based on customs, religion or community norms coexist alongside civil law systems, individual women may not be as familiar with both systems or at liberty to decide which regime applies to them.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 61
- Paragraph text
- The Committee notes that State laws, regulations, procedures and decisions can sometimes coexist, within a given State party, with religious, customary, indigenous or community laws and practices. This results in the existence of plural justice systems. There are, therefore, multiple sources of law that may be formally recognized as part of the national legal order or operate without an explicit legal basis. States parties have obligations under articles 2, 5 (a) and 15 of the Convention and under other international human rights instruments to ensure that women's rights are equally respected and that women are protected against violations of their human rights by all components of plural justice systems.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 60d
- Paragraph text
- [The Committee recommends that States parties:] Provide national human rights institutions and ombudsperson offices with adequate resources and support to conduct research.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 60c
- Paragraph text
- [The Committee recommends that States parties:] Facilitate women's access to individual petition processes within ombudsperson offices and national human rights institutions on a basis of equality and provide the possibility for women to lodge claims involving multiple and intersecting forms of discrimination; and
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 60b
- Paragraph text
- [The Committee recommends that States parties:] Provide national human rights institutions with a broad mandate and the authority to consider complaints regarding women's human rights;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 60a (ii)
- Paragraph text
- [The Committee recommends that States parties:] [Take steps:] To ensure that the composition and activities of those institutions are gender-sensitive;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 60a (i)
- Paragraph text
- [The Committee recommends that States parties:] [Take steps:] To provide adequate resources for the creation and sustainable operation of independent national human rights institutions, in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles);
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 59
- Paragraph text
- The development of national human rights institutions and ombudsperson offices may open up further possibilities for women to gain access to justice.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 58c
- Paragraph text
- [The Committee recommends that States parties:] Ensure that cases of violence against women, including domestic violence, are under no circumstances referred to any alternative dispute resolution procedure.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 58b
- Paragraph text
- [The Committee recommends that States parties:] Guarantee that alternative dispute settlement procedures do not restrict access by women to judicial or other remedies in any area of the law and do not lead to further violations of their rights;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 58a
- Paragraph text
- [The Committee recommends that States parties:] Inform women of their rights to use mediation, conciliation, arbitration and collaborative dispute resolution;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 57
- 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.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Families
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 56e
- Paragraph text
- [The Committee recommends that States parties:] Ensure the national implementation of international instruments and decisions of international and regional justice systems relating to women's rights, and establish monitoring mechanisms for the implementation of international law.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 56d
- Paragraph text
- [The Committee recommends that States parties:] Implement the recommendations on women's access to justice in transitional and post-conflict situations that are set out in paragraph 81 of general recommendation No. 30, taking a comprehensive, inclusive and participatory approach to transitional justice mechanisms;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Women
- Year
- 2015
Paragraph