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.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents