A/HRC/37/25 42. States should be mindful that austerity measures can prevent persons with disabilities from accessing essential services and benefits, exposing them to social exclusion and rights violations that call for legal support to claim rights. 62 Cutting legal aid has pervasive effects and subjects persons with disabilities to further marginalization. B. Right to an effective remedy 43. The right to an effective remedy is a central component of the right to access to justice and an element inherent in the effective enjoyment and exercise of all rights. The Committee has documented many examples of ineffective remedies for persons with disabilities involving the failure on the part of the authorities to act with due diligence to investigate, prosecute and punish perpetrators and/or provide remedies. 63 To have effective remedies, persons with disabilities require: (a) equal and effective access to justice (i.e., available and accessible complaint mechanisms, investigation bodies and institutions, including independent judicial bodies capable of determining the right to reparation and awarding redress 64); (b) adequate, effective and prompt redress and reparation for harm suffered; and (c) access to relevant information concerning violations and reparation mechanisms.65 1. Duty to investigate 44. As set out in the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, States have the duties to investigate and, if there is sufficient evidence, to prosecute the person allegedly responsible for violations and, if found guilty, to punish him or her. 66 It is important to highlight this essential element of effective remedies, in particular for persons with disabilities, given that cases of violence, abuse, exploitation and other forms of harm to their mental and bodily integrity commonly remain unaddressed due to lack of reporting, delays in opening investigations on the grounds of lack of credibility of the victims or a failure to do so, or general acceptance of practices such as those connected to witchcraft beliefs. This results in the recurrence of violations and a culture of impunity, 67 which engender negative stereotypes on the basis of multiple and intersecting grounds such as gender, age, impairment, colour, race, ethnic or social origin and religion, among others. Complaint mechanisms and investigations thus require positive measures which are gender sensitive to ensure that victims of gender-based violence are able to come forward and seek and obtain reparation.68 45. The Committee has called on States to ensure that authorities identify, investigate and prosecute all cases of killing, abduction, violence, abuse, exploitation and forced labour involving persons with disabilities, including collecting disaggregated data on these incidents and reporting by persons with disabilities, and their outcomes. 69 Article 16 (3) of the Convention sets out an explicit obligation for States to prevent the occurrence of these violations through effective independent monitoring of facilities and programmes designed to serve persons with disabilities. States should explore ways of enhancing their capacity to investigate human rights violations against persons with disabilities, strengthening their monitoring frameworks and going beyond by providing for functions or creating bodies 62 63 64 65 66 67 68 69 12 CRPD/C/15/R.2/Rev.1. See CRPD/C/LVA/CO/1, para. 29 (a); and CRPD/C/MNE/CO/1, para. 21 (b). See Committee against Torture, general comment No. 3, para. 5. Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, General Assembly resolution 60/147, annex. Ibid., para. 4. See X v. United Republic of Tanzania (CRPD/C/18/D/22/2014), para. 8.2. See Committee on the Elimination of Discrimination against Women, general recommendation No. 33, para. 51; and Committee against Torture, general recommendation No. 3, para. 33. See CRPD/C/LVA/CO/1, para. 29 (a); CRPD/C/ARM/CO/1, para. 28; and CRPD/C/AUS/CO/1, para. 38.