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

126 PRACTITIONERS GUIDE No. 12
stereotyped patterns of behaviour and social and cultural
practices based on concepts of inferiority or subordination.” 341
“Women should be able to rely on a justice system free from
myths and stereotypes, and on a judiciary whose impartiality is
not compromised by these biased assumptions. Eliminating
judicial stereotyping in the justice system is a crucial step in
ensuring equality and justice for victims and survivors.” 342
Forms of violence against women frequently subject to
discrimination in the criminal justice system
The following specific forms of violence against women that are
subject to frequent discrimination in the criminal justice system
have been recognized in the jurisprudence of the CEDAW
Committee:
Rape and sexual violence.
‣ In Vertido v The Philippines the CEDAW Committee
stressed that stereotyping affects women’s right to
a fair and just trial and that the judiciary must be
cautious not to create inflexible standards of what
women should be or what they should have done
when confronted with a situation of rape based
merely on preconceived notions of what defines a
rape victim, or a victim of gender-based violence in
general. 343
‣ In R.P.B. v The Philippines, a case of sexual violence
against a disabled woman, the CEDAW Committee
affirmed that stereotyping affects women’s right to
341
Convention of Belém do Pará, above note 245, Article 6(b); Maputo
Protocol, above note 230, Article 2(2).
342
CEDAW General Recommendation No 33, above note 232,
paragraph 28.
343
Vertido v Philippines, above note 248, paragraph 8.4. See also
R.P.B. v Philippines, CEDAW Communication 34/2011, UN Doc
CEDAW/C/57/D/34/2011 (2014), paragraph 8.8; V.K. v Bulgaria,
CEDAW Communication 20/2008, UN Doc CEDAW/C/49/D/20/2008
(2011), paragraph 9.11.