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

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 119
the Universal Declaration of Human Rights. 324 As explained in
the CEDAW Commentary, it “[links] the full development and
advancement of women with the exercise and advancement of
women with the exercise and enjoyment of their human rights,
it is purposive and instrumental, providing the legal basis for
structural – transformative – change in the lives of women”. 325
While the discharge of the obligations in Article 3 will need to
be pursued by the legislative and administrative organs of the
State, lawyers and advocates may be in a position to pursue
legal remedy for situations where governments have failed to
take steps to ensure “women’s full development and
advancement”. This could be an important initiative, both in
situations where governments are still actively discriminating
against women, or where overtly discriminatory laws and
practices have been changed, but where women still do not
have access to their rights in practice.
Article 4: Temporary special measures, including quota
systems, to increase numbers of women professionals in
justices systems, are necessary to achieve equality
Article 4 of the CEDAW Convention requires:
“1. Adoption by States Parties of temporary special measures
aimed at accelerating de facto equality between men and
women shall not be considered discrimination as defined in the
present Convention, but shall in no way entail as a
324
Universal Declaration of Human Rights, adopted under General
Assembly resolution 217(III) (1948), Preamble: “Whereas the peoples
of the United Nations have in the Charter reaffirmed their faith in
fundamental human rights, in the dignity and worth of the human
person and in the equal rights of men and women and have
determined to promote social progress and better standards of life in
larger freedom”.
325
CEDAW Commentary, above note 240, page 102. See also Maputo
Protocol, above note 230, Article 2(1)(c) of which requires States
parties to “integrate a gender perspective in their policy decisions,
legislation, development plans, programmes and activities and in all
other spheres of life”.