A/HRC/17/30
recognize, for example, women's rights to an effective judicial remedy, contribute to an
increase in the feminization of poverty.
24.
In many countries, a lack of access to the formal justice system, sometimes due to
economic reasons, demonstrates that women's access to justice is frequently through
traditional or community-based justice mechanisms, and sometimes through alternative
dispute resolution mechanisms.
25.
While the Special Rapporteur welcomes the availability of those mechanisms in
some States, and acknowledges their advantages in terms of proximity, costs and efficiency,
she wishes to draw attention to the need to establish oversight mechanisms to ensure that
traditional, community and alternative justice mechanisms uphold human rights norms and
effectively protect and empower women. In this regard, the Special Rapporteur is
concerned that, in some instances, traditional or community-based justice mechanisms
reinforce gender stereotypes and disregard gender considerations and women’s rights.
Furthermore, in most places, they are constituted by male elders, and sometimes reportedly
apply a male-biased interpretation of customary laws.8
26.
In line with the foregoing, the Special Rapporteur wishes to recall that, under
international law and human rights standards, States have the obligation to remove socioeconomic barriers which impede access to justice.
B.
Laws, policies and practices that discriminate against women
27.
The most comprehensive international treaty focusing explicitly on the rights of
women is the Convention on the Elimination of All Forms of Discrimination against
Women,9 which sets out measures required for the elimination of any “distinction,
exclusion or restriction made on the basis of sex which has the effect or purpose of
impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of
their marital status, on a basis of equality of men and women, of human rights and
fundamental freedoms in the political, economic, social, cultural, civil or any other field”.10
It enshrines the minimum standards that States must uphold for every woman under their
jurisdiction to enjoy human rights without discrimination and recognizes the particular risk
of women to discrimination in specific circumstances due to gender roles and stereotypes
within the public and private spheres.11
28.
Under the Convention, States parties have the obligation to take all appropriate
measures, including legislative measures, to modify or abolish customs and practices which
discriminate against women.12 States are further required to take steps to eliminate
prejudices and change practices which are based on the idea of the inferiority or superiority
of either of the sexes or on stereotyped roles for men and women.13 States parties to the
Convention are obliged to ensure that its provisions and principles are fully reflected and
given legal effect in relevant domestic legislation, as well as through competent national
tribunals and other public institutions14 and through the issuance of sanctions where
8
9
10
11
12
13
14
6
Shelby Quast, Justice Reform and Gender, United Nations International Research and Training
Institute for the Advancement of Women, 2008, p.13.
See United Nations General Assembly Resolution 34/180 of 18 December 1979.
Convention on the Elimination of All Forms of Discrimination against Women, art. 1.
See, for example, Convention on the Elimination of All Forms of Discrimination against Women, art.
5 (b).
Ibid., art. 2 (f).
Ibid., art. 5 (a).
Ibid., art. 2 (c).
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