A/HRC/35/10
F.
Equality before the law and access to justice
42.
Harmful stereotypes and bias by State officials, including the police and organs of
the criminal justice system, can lead to discrimination against women and girls affected by
intersectional discrimination, resulting in violations of the rights to equal treatment before
the law, fair trail and access to remedies. For instance, an inquiry conducted by the
Committee on the Elimination of Discrimination against Women found that Aboriginal
women in Canada were reluctant to report violence to the police mainly owing to police
behaviour and bias, and that stereotypical attitudes towards Aboriginal women often had a
negative impact on the quality of police investigation (CEDAW/C/OP.8/CAN/1, paras. 138
and 205).
43.
The ability of women in vulnerable situations, including among indigenous women,
minority women and women with disabilities, to have access to justice is inextricably
linked to factors such as poverty, access to health and education, and recognition of their
rights relating to land, resources and their status in society (see A/HRC/27/65). These
factors may also increase the likelihood of women being detained.30 In many countries,
women from minorities and indigenous groups represent the fastest growing segment of the
prison population; for example, the Special Rapporteur on violence against women, its
causes and consequences, found that Aboriginal and Torres Strait Islander women and girls
accounted for the largest prison population group in Australia, with legal frameworks and
socioeconomic disadvantages contributing to this overrepresentation.31
44.
The discriminatory implementation of laws, for example on nationality and
citizenship, also create barriers to the full and equal realization of the rights by specific
groups of women and girls. Minority, indigenous, migrant or refugee women are often
confronted with such barriers when seeking access to services for formal registration of
births, marriage, residence and other documents or relevant information on their rights
(A/HRC/23/50, para. 86). The Committee on the Elimination of Discrimination against
Women found that stateless women and girls face heightened risks of abuse in times of
conflict because they do not enjoy the protection that flows from citizenship, including
consular assistance, and also because many are undocumented and/or belong to ethnic,
religious or linguistic minority populations.32
45.
Discrimination based on gender, race, ethnicity or religion may also result in
irregular migration status, which increases the risk of violence, detention and deportation.
In the absence of State protection and firewalls that separate service providers from
immigration officials, many may be afraid to report abuse and violence, which creates
barriers in access to justice and also offers relative impunity to perpetrators.
30
31
32
See for example OHCHR, Rapport sur la situation des droits des femmes dans les lieux de détention
au Sénégal, Dakar, March 2015.
OHCHR, “End of mission statement by Dubravka Šimonović, United Nations Special Rapporteur on
violence against women, its causes and consequences, on her visit to Australia from 13 to 27 February
2017”, 27 February 2017. See also Amnesty International, “’Heads Held High’: keeping Queensland
kids out of detention, strong in culture and community”, 31 August 2016.
Committee on the Elimination of Discrimination against Women, general recommendation No. 30,
para. 60.
11
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