A/HRC/17/30
"a soft touch" and therefore are not allocated cases of political, social or economic
importance on the sole basis of gender stereotyping.
56.
Developing a gender-sensitive judiciary therefore also implies addressing gender
stereotyping, which is one of the State obligations under the Convention.34 Stereotyping is
directly related to the adoption and/or implementation of laws, policies and practices that
discriminate against women.
57.
States should therefore strive to create the necessary conditions for the
mainstreaming of gender in the judiciary, for example, through raising awareness among
judges and court officials on women’s human rights and the prohibition of nondiscrimination and carrying out a mapping of major issues affecting women as users of the
judiciary (for example as victims in the civil and criminal jurisdictions; as witnesses,
particularly in cases of SGBV; and as offenders). Likewise, States and academic
institutions should consider including courses on gender mainstreaming and women's
human rights as part of the legal studies curricula.
58.
Including knowledge of women’s human rights and demonstrated commitment to
the goal of gender equality should be considered as requirements in the selection and
appointment of judges and justices. Proposed lists of judicial candidates, appointments and
promotions should ensure adequate representation of women and minorities at all levels in
the judicial system.
B.
The role of the judiciary in advancing women's human rights
59.
The judiciary is broadly entrusted to guarantee that State obligations stemming from
international human rights law are enforced in national courts and tribunals, and therefore
that rights are enjoyed without discrimination, including on the ground of sex.
60.
Judges exercise this important role whenever they ensure fair and equal access to
justice and fair trial guarantees. This role is also expected to be exercised by judges
whenever they are requested to resolve disputes between parties, when they deliberate on
cases, devise procedures to be applied in courts, and in general when they interpret the law.
61.
In light of the foregoing, the Special Rapporteur wishes to provide several examples
of cases decided by international, regional, and national judicial instances over recent years,
which illustrate the key role played by judges at the national, regional and international
levels in advancing women’s protection through the use of international norms and
standards, and the various tools offered by the international human rights machinery. For
example, treaty bodies have also issued general recommendations, comments or
observations which States may use as a guide to interpret the rights enshrined in the
conventions and ensure common understanding and greater respect for women’s human
rights. Some examples include the two general observations issued by the Human Rights
Committee on article 3 of the International Covenant on Civil and Political Rights35 and the
general comment issued by the Committee on Economic, Social and Cultural Rights on
article 3 of the International Covenant on Economic, Social and Cultural Rights.36
62.
The special procedures of the Human Rights Council have also provided legal
analysis and doctrinal positions which States may use as a guide to interpret the scope of
34
35
36
12
Convention on the Elimination of All Forms of Discrimination against Women, art. 2(f).
See general comment No. 4 on equal enjoyment of civil and political rights by men and women and
general comment No. 28 on the equality of rights between men and women.
See general comment No. 16 on the equal right of men and women to the enjoyment of all economic,
social and cultural rights.
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