A/HRC/17/30
for the application of international human rights obligations and effectively advance
women’s rights.
84.
There is no doubt as to the crucial role played by courts and tribunals in the
adherence to the rule of law at the national, regional and international levels and the
advancement of women’s protection. International norms and standards may be
translated into deeds through judicial decisions by independent, impartial and
transparent national courts that are responsive to women’s needs and effectively
uphold the obligation of the State to protect women’s human rights.
VII.
Recommendations
85.
As discussed throughout the report and despite progress made, many
challenges remain to ensure that the administration of justice, including that the
judiciary effectively protects women's human rights and strives for the achievement of
gender equality. Several issues of concern warrant further attention, cooperative
effort and protection-sensitive and human rights-tailored responses. In light of the
foregoing the Special Rapporteur wishes to put forth a number of general
recommendations for further consideration and action:
1.
Developing a gender-sensitive administration of justice
86.
States should effectively promote and protect the human rights and
fundamental freedoms of all, in particular those of women, in conformity with the
Charter of the United Nations and international human rights law obligations.
87.
States that have not yet done so should:
(a)
Ratify and incorporate the applicable legal and policy framework on
women’s human rights and gender equality, including the elimination of
discrimination and violence against women, into their national laws, plans, policies
and programmes, and their bilateral and regional agreements regarding the justice
sector;
(b)
Review their national and regional laws and policies in order to
harmonize them with the international legal framework on the protection of women,
with particular attention to the goal of eliminating discrimination against women, and
achieving gender equality, including equal representation of women and men in public
office;
(c)
Include gender considerations in the elaboration and implementation of
national development frameworks, poverty reduction strategies, human rights action
plans and programmes and strategies for human rights education and the
advancement of women's rights;
(d)
Adopt and develop programmes and policies to address significant gaps
on women's protection in social policies and other areas;
(e)
Promote the participation of women (and men) from various segments of
society, as key actors within the justice sector in their roles as judges, prosecutors,
lawyers, legal counsel and court administrators;
(f)
Develop procedures, policies and practices that are gender-tailored to
promote equal access to justice for all, in formal, informal and alternative justice
systems, as well as in transitional justice mechanisms and other mechanisms to
adjudicate rights.
18
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