A/HRC/29/40 and ideological interests. Approximately 80 per cent of claims or disputes are resolved by parallel justice systems, signifying that most women in developing countries access justice in a plural legal environment.38 The existence of social, economic, institutional and cultural barriers and the lack of confidence in formal systems may explain the widespread use of these parallel systems. Poverty and a lack of information on accessing formal justice and education are the main factors that lead women to use parallel justice systems. 54. Parallel justice systems apply religious, customary or indigenous laws, which, as shown above, are patriarchal. These systems are mostly dominated by men and therefore tend to perpetuate inequalities and patriarchal interpretations of culture, resulting in discrimination against women. Regardless of whether the law is religious or customary, its provisions are often interpreted differently for men and women. The rulings and procedures of these legal mechanisms generally discriminate against women. Moreover, gender-based violence is seldom punished and is sometimes downplayed by religious or customary law courts. Formal legal pluralism 55. Legal pluralism is formal when the State, through its constitution, laws or judicial decisions, has granted authority to a religious, indigenous or customary court, tribunal or arbitrator to exercise jurisdiction over personal status matters for women. Such systems are generally recognized in State legislation and some are regulated by the State, which may establish appeals procedures, ensure compliance with State legislation or even provide financial or material support. 56. Good practice in protecting women’s right to equality in formal plural legal systems takes several forms. The adoption of constitutional laws that require autonomous courts, tribunals or arbitrators to respect women’s right to equality in terms of both women’s representation in justice systems and the formulation and application of procedural and substantive rules is a good practice implemented in several States. Since the 1980s, 11 Latin American States have formally recognized indigenous laws and courts in their constitutional laws, requiring the legal systems of indigenous communities to respect and enforce women’s rights.39 57. The right to appeal, before the State courts, discriminatory decisions of indigenous courts, tribunals or arbitrators is another good practice. The commitment of indigenous women in some countries, such as Mexico and Ecuador,40 to securing State recognition of parallel systems has enabled them to challenge, in the State system, the discrimination they suffered in indigenous legal systems. Women’s participation as legal arbitrators, and also as lawmakers, is needed to draw attention to discrimination and to sensitive subjects such as rape or domestic violence, most victims of which are women. 58. Affirming the primacy of international human rights law and constitutional laws over religious, customary and indigenous laws is a key step towards ensuring women’s emancipation and autonomy. Customary, religious and indigenous laws and provisions on family affairs must be consistent with the constitutional norms on equality. To ensure more effective application of the principle of equality, State monitoring and oversight bodies must be put in place, as has been done in Canada, Colombia and South Africa. 41 38 39 40 41 14 International Development Law Organization, Accessing Justice: Models, Strategies and Best Practices on Women’s Empowerment, 2013, p. 12. Ibid., p. 68. Ibid., p. 77. Ibid., p. 25. GE.15-07003