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

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WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 139
circumstances referred to any alternative dispute resolution
procedures”. 362
Irrespective of whether alternative dispute resolution is
mandatory or optional, the State still bears legal responsibility
for the actions of these mechanisms, whether they are organs
of the State or acting under authority of the State. As affirmed
by UN Women: “The State’s responsibility for ensuring
compliance with human rights standards extends to all justice
practices, including… alternative dispute resolution”. 363
Finally, the State remains responsible for the protection and
promotion of safety of those subject to or potentially subject to
acts of gender-based violence, as well as for the investigation,
prosecution and punishment of all acts of gender-based
violence, eliminating impunity and ensuring offender
accountability. 364 An omission in this general obligation of due
diligence, which may result in providing impunity for a certain
group of perpetrators just because of their familiar or conjugal
relationship with the victim, constitutes a legal breach of a
State’s obligations. Furthermore, there is developing
recognition in international human rights law that violence
perpetrated against a family member should be treated as an
aggravated crime. 365
362
CEDAW General Recommendation No 33, above note 358,
paragraph 58(c).
363
UN Women, “In Pursuit of Justice”, above note 361, page 68.
364
Updated Model Strategies and Practical Measures on the
Elimination of Violence against Women in the Field of Crime Prevention
and Criminal Justice, adopted by the General Assembly under its
resolution 65/228 (2010), paragraph 12.
365
Istanbul Convention, above note 354, Article 46 (Aggravating
circumstances): “Parties shall take the necessary legislative or other
measures to ensure that the following circumstances, insofar as they
do not already form part of the constituent elements of the offence,
may, in conformity with the relevant provisions of internal law, be
taken into consideration as aggravating circumstances in the
determination of the sentence in relation to the offences established in
accordance with this Convention: a) the offence was committed