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2. Process indicators
Access to justice and reporting
82. A key State obligation is to provide remedies28 and access to justice for victims of human
rights violations. In article 4 (c) of the Declaration on the Elimination of Violence against
Women States are called upon to exercise due diligence to investigate, prosecute and punish acts
of violence against women.
83. Procedural justice addresses the ways justice systems operate: that rights can be realized
(or denied) through formal processes. For instance, the right to dignity suggests women
complaining about violence should be treated as human beings, to be believed and respected.
Being treated with respect and empowered with knowledge about one’s rights and obligations
restores some of the agency that violence has removed. Recent research in the United States
of America29 found that bad practice has a greater impact than good, compounding the harms of
victimization. The right to remedy must therefore include guarantees to protect victims’ rights at
all steps of the judicial process. The principles of dignity, integrity, privacy and respect also need
to be borne in mind with respect to reporting, with provisions for confidentiality and being able
to make reports to female staff key basic measures.
84. The traditional discounting of violence against women has meant not only that State
agencies have not recorded cases, but that women have not seen themselves as deserving of
protection and redress. Reporting of violence to and by State institutions is crucial to ensuring
justice for victims and the punishment of its perpetrators. Institutional data, therefore, tell us not
about levels of violence, but levels of reporting and standards of recording.
85. Despite policies to increase reporting and prosecution of violence against women,
outcomes are not always in the direction intended: in some jurisdictions, reporting has increased
significantly, but there has been limited change in prosecution and/or conviction. These patterns
have been noted with respect to intimate partner violence and rape/sexual assault, with in the
latter case falling conviction rates in many developed countries.30 Attrition - the proportion of
cases which fall out of the system before being decided by the court - offers a powerful indicator
across a number of dimensions: the reporting rate shows whether women increasingly believe
States are effective in addressing violence; the proportion of cases that are prosecuted and which
result in convictions measures whether policy changes have had an impact.
28
See General Assembly resolution 60/147.
29
Campbell, R., et. al. (2001), Social reactions to rape victims: Healing and hurtful effects on
psychological and physical health outcomes, Violence & Victims, 16: 287-302.
30
Kelly, L. & Regan, L. (2003), “Rape: Still a forgotten issue” available from
www.rcne.com/downloads/RepsPubs/Attritn.pdf; and Kelly, L. & Regan L. (2001), Rape: The
Forgotten Issue? A European Research and Networking Project, Child and Women Abuse
Studies Unit, University of North London.
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