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

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V<br />

WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 143<br />

CHAPTER VII<br />

SAFETY, WELL-BEING, DIGNITY,<br />

EMPOWERMENT: BUILDING FIRM<br />

FOUNDATIONS FOR THE CRIMINAL JUSTICE<br />

PROCESS<br />

The CEDAW Committee has required that: “Appropriate<br />

protective and support services should be provided for<br />

victims”. 376<br />

Since the early 1990s, international human rights law and<br />

standards have developed in a mutually reinforcing manner<br />

alongside a number of promising practices concerning the<br />

provision of services <strong>to</strong> women victims of violence. The result<br />

has been the creation of a detailed framework of practices in<br />

law, policy, service provision and survivor empowerment.<br />

However, in her reflections on good practices <strong>to</strong> address<br />

violence against women, specifically rape, Sylvia Walby noted<br />

that “the full set of policies that has been identified as<br />

necessary in the literature and by practitioners has never been<br />

fully implemented in any society”. 377 This area therefore has a<br />

lot of potential for legal advocacy.<br />

These good practices are necessary <strong>to</strong> give effect <strong>to</strong> the<br />

general right <strong>to</strong> a remedy for discrimination and gender-based<br />

violence – respecting, protecting and fulfilling women’s rights,<br />

and ensuring comprehensive reparation <strong>to</strong> individual survivors,<br />

including the dynamic transformation of gender inequality<br />

guaranteed by the CEDAW Convention. These good practices<br />

are also a necessary condition for successful criminal <strong>justice</strong><br />

accountability of perpetra<strong>to</strong>rs. Given the dangers of repeated<br />

violence, and the shame and stigma often imposed on victims<br />

376<br />

CEDAW General Recommendation No 19, “Violence against<br />

women”, UN Doc A/47/38 (1992), paragraph 24(b).<br />

377<br />

European Parliament, “Overview of the worldwide best practices for<br />

rape prevention and for assisting women victims of rape” (Brussels:<br />

European Union, 2013), page 16.

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