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

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 127
a fair trial and urged the State Party to ensure that
all criminal proceedings involving rape and other
sexual offences are conducted free from prejudices
or stereotypical notions regarding the victim’s
gender, age and disability. The Committee also
called on the Philippines to institute effective
training of the judiciary and legal professionals to
eradicate gender bias from court proceedings and
decision-making. 344
Domestic violence and the constraints of family law.
‣ In the cases of Isatou Jallow v Bulgaria 345 and
Ángela González Carreño v Spain 346 the CEDAW
Committee found that the parental right of the
father to access to his child had been prioritized
over the safety and well-being of the mother and
child.
‣ In the case of Isatou Jallow v Bulgaria the
Committee observed that “the authorities based
their activities on a stereotyped notion that the
husband was superior and that his opinions should
be taken seriously, disregarding the fact that
domestic violence proportionally affects women
considerably more than men”. 347
‣ The case of Ángela González Carreño v Spain
considered a situation where a child was murdered
during a contact visit by her father in the context of
a long-term situation of domestic violence. The
CEDAW Committee said:
“Based on stereotypes, the right of visitation was
seen merely as a right of the father and not as a
right of the child as well. The best interests of the
child would have required if not eliminating the
344
R.P.B. v. The Philippines, ibid, paragraph 9(b)(iii-iv).
345
Jallow v Bulgaria, CEDAW Communication 32/2011, UN Doc
CEDAW/C/52/D32/2011 (2012), paragraph 3.5.
346
Carreño v Spain, above note 252, paragraphs 3.9-3.10.
347
Jallow v Bulgaria, above note 345, paragraph 8.6.