A/HRC/17/30 preventing the recurrence of SGBV, including by protecting victims and witnesses of gender-based discrimination and re-victimization, and ensuring that SGBV in its multiple forms constitutes criminal offences are prerequisites for overcoming impunity, and guaranteeing women’s protection, and equal access to courts and tribunals.19 Some of the steps that should be undertaken by States include granting victims of violence the access to immediate means of redress and reparation and ensuring the prosecution, punishment and rehabilitation of perpetrators. Moreover, States should ensure that mechanisms for prosecuting and punishing SGBV perpetrators are available, effective and sensitive to the special needs of women victims. 35. The Special Rapporteur further invites States to give serious consideration to the updated Model Strategies and Practical Measures on the Elimination of Violence against Women in the Field of Crime Prevention and Criminal Justice, adopted by the General Assembly in 2010. 36. In light of the above, courts and tribunals should play a key role in the elimination of laws and practices that discriminate against women. As highlighted by the honourable Justice of Appeal A.E.N. Mpagi-Bahigeine, referring in 2010 to the practice of female genital mutilation: "it is now incumbent upon the judiciary to play the very important role in completely eliminating any form of violence against women including female genital mutilation. The judiciary being part of the State machinery is enjoined to address this issue aggressively whenever it comes before court by involving innovative and progressive interpretation of the laws. Failure to do so would be tantamount to a breach by the State of its international obligations".20 C. Conditions required for the effective realization of women’s right to access to justice 37. In previous instances, this mandate has highlighted that the legal complexity and richness of the concept of access to justice lies in the fact that it is both a right in itself and the means of restoring the exercise of rights that have been disregarded or violated.21 As an indispensable component of specific rights such as the right to liberty and to personal safety, it is closely linked to the right to effective judicial protection (fair trial or due process),22 the right to an effective remedy23 and the right to equality.24 The effective realization of the right to access to justice is directly related to the institutional and material conditions in which the justice administration system operates, and the factors affecting that operation and access to justice.25 38. The legal recognition of women's rights, gender equality and the right to effective judicial protection are prerequisites for women's right to access to justice. The right of women to effective judicial protection entails the recognition of women's right to an 19 20 21 22 23 24 25 8 See Set of principles for the protection and promotion of human rights through action to combat impunity, principle 1, E/CN.4/2005/102/Add.1, Addendum. Constitutional Court of Uganda, Law & Advocacy for Women in Uganda v. Attorney General, Constitutional Petition No. 8 of 2007, judgment of 28 July 2010. A/HRC/8/4, para. 17. Universal Declaration of Human Rights, art. 10; International Covenant on Civil and Political Rights, art. 14. See also A/HRC/8/4, para. 18. See, inter alia, article 2 of both the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. See, inter alia, article 14.1 of the International Covenant on Civil and Political Rights. A/HRC/8/4.

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