A/HRC/12/18 page 19 Timor-Leste, the Commission for Reception, Truth and Reconciliation devoted a chapter (chap. 7.9) to violations of economic, social and cultural rights in its final report, noting that these violations were as devastating to victims of the conflict as other human rights abuses. 61. International criminal tribunals have investigated and prosecuted cases of violations of economic, social and cultural rights. For example, the International Criminal Tribunal for the former Yugoslavia has recognized that the widespread destruction of homes and property may constitute a crime against humanity.7 Some regional and national courts have also identified and adjudicated violations of economic, social and cultural rights. In South Africa, the Treatment Action Campaign decision of the Constitutional Court led to the establishment of a comprehensive and effective programme to stop mother-to-child transmission of HIV/AIDS.8 62. Reparations programmes also offer opportunities for redressing the needs of victims in the areas of health, education and economic viability. Finally, institutional reform may help ensure that violations of economic, social and cultural rights are not perpetrated in the future by guaranteeing victims non-discriminatory access to services. Key legislation should be adopted, revised and strengthened to ensure national recognition and protection of these rights. 63. Constitutions and peace agreements offer further entry points for enshrining protections for economic, social and cultural rights in post-conflict societies. The Constitution of South Africa, for example, includes protections for rights related to housing, health care, food, water, education and culture. The Darfur Peace Agreement articulates a list of fundamental human rights, which include access to medical care and education (art. 3 (28)) and contains an article on wealth sharing. The Nepal Comprehensive Peace Agreement similarly enshrines protections for rights of access to food, health care and education (art. 7.5). 64. Inclusion of the gender perspective offers another approach for widening the scope of transitional justice. Gender inequality is one of the most pervasive forms of societal inequality and is often exacerbated by conflict. Transitional justice must recognize the need to address systemic gender inequality, particularly by addressing the economic, social and cultural rights of women. Accountability mechanisms can end impunity for violence against women by prosecuting those responsible for committing sexual violence during conflict. Women should also be active participants throughout the peace process, sharing their gender-specific experiences of the conflict, and their priorities for achieving sustainable peace and accountability through appropriate transitional justice mechanisms. 7 Prosecutor v. Kupreskic et al., case No. IT-95-16-T, judgement of 14 January 2000, paras. 628-631. 8 See e.g. Minister of Health v. Treatment Action Campaign (No. 2) 2002 (5) SA 721 (CC) (S.Afr.), available at www.constitutionalcourt.org.za/Archimages/2378.PDF.