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

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WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 137
Women should be free to choose the forum for resolving
their dispute.
‣ The CEDAW Committee has also called on States to
“guarantee that alternative dispute settlement
procedures do not restrict access by women to
judicial and other remedies in all areas of law, and
does not lead to further violations of their rights”. 359
There should be equality of arms between the woman
and perpetrator using these processes.
‣ The CEDAW Committee has expressed concerns at
the lack of measures available to ensure equality for
women and men in preparing, conducting and
responding to the outcomes of cases. 360
For all these reasons, alternative dispute resolutions tend to a
lack of equality of arms. Women and men come to these
negotiations with very different levels of power over their
situation which means that, in practice overall, they tend to
infringe women’s right of access to justice.
Plural legal systems: scales weighted against women’s
equal participation
In 2011, UN Women, the United Nations agency tasked with
promoting gender equality and the empowerment of women,
undertook a far-reaching report into women’s search for justice
globally. UN Women made the following reflections on plural
legal systems:
“First, non-state justice systems and plural formal laws based
on specific interpretations of religious or ethnic identity
sometimes contain provisions that discriminate against women.
In common with all justice systems, they tend to reflect the
interests of the powerful, who have a greater say in shaping
and defining laws and values. Second, the practical complexity
of legal pluralism can create barriers for women’s access to
359
Ibid, paragraph 58(c).
360
Ibid, paragraph 25(a)(v).