Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

88 PRACTITIONERS GUIDE No. 12
violations, including gender-based violence, are not accepted;
and that non-judicial remedies, including public apologies and
truth and reconciliation committees, are not considered
substitutes for investigation, prosecution and punishment of
perpetrators. 222
In the case of reparation for violence against women in armed
conflict, the Security Council’s Resolution 1325 (2000) and
subsequent related resolutions on women, peace and security,
requires action to prevent, investigate, prosecute and remedy
sexual and gender-based violence. It also requires States to
reform justice systems and ensure women’s post-conflict
political participation so that women can participate in postconflict
peace-making, peace-building and reconstruction.
The requirement for “transformative reparation” is particularly
compelling in post-conflict situations, as countries which are at
risk of conflict are often those countries where gender-based
violence and discrimination is highest. In order to effectively
address lack of access to justice, as well as impunity for sexual
and gender-based violence, justice system reform is required.
The reality is that gender-based violence against women is at
high levels whether before conflict, during conflict, post-conflict
and in “peace-time”. The CEDAW Committee has therefore
emphasized that States must “react actively” against all forms
of discrimination against women, including gender-based
violence. 223
222
Ibid, paragraph 19(f).
223
CEDAW General Recommendation No 28, above note 167,
paragraph 10.