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

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

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V<br />

WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 117<br />

<br />

Ensure gender-sensitive moni<strong>to</strong>ring and independent<br />

review mechanisms. 318<br />

‣ Inspec<strong>to</strong>rates, visiting boards and other supervisory<br />

mechanisms established <strong>to</strong> moni<strong>to</strong>r conditions of<br />

detention of women must include women<br />

members. 319<br />

‣ The CEDAW Committee requires that States:<br />

“Conduct and facilitate qualitative studies and<br />

critical gender analysis in collaboration with civil<br />

society organizations as well as academic<br />

institutions of all <strong>justice</strong> systems in order <strong>to</strong><br />

highlight practices, procedures and jurisprudence<br />

that promote or limit women’s full access <strong>to</strong><br />

<strong>justice</strong>…”. 320<br />

‣ This requirement is supplemented by the Bangkok<br />

Rules, which require States <strong>to</strong> undertake research<br />

in<strong>to</strong> women’s experience of confronting the criminal<br />

<strong>justice</strong> system, and the effects of this on their<br />

children, in order <strong>to</strong> improve policies and<br />

programme development. The aim of such research<br />

is <strong>to</strong> assist women <strong>to</strong> reintegrate in<strong>to</strong> society and <strong>to</strong><br />

reduce the stigma and negative impact of women’s<br />

criminalization on their children. 321<br />

Article 3: A positive guarantee of women’s enjoyment of<br />

their human rights<br />

Article 3 of the CEDAW Convention provides that: “States<br />

Parties shall take in all fields, in particular in the political,<br />

social, economic and cultural fields, all appropriate measures,<br />

318<br />

CEDAW General Recommendation No 33, above note 232,<br />

paragraph 48.<br />

319<br />

Bangkok Rules, above note 273, Rule 25(3).<br />

320<br />

CEDAW General Recommendation No 33, above note 232,<br />

paragraph 20(e).

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