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

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WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 147
the Istanbul Convention requires States to establish one or
more institutions that will be “responsible for the co-ordination,
implementation, monitoring and evaluation of policies and
measures”.
The CEDAW Committee has called on States parties to the
CEDAW Convention to undertake appropriate and supportive
measures conducive to women actively participating in the
justice process in claiming their rights and reporting any crimes
committed against them, safe from any potential retaliation
against them for seeking justice. 383 The Committee indicated
that: “Consultations with women’s groups and civil society
organizations should be sought to develop legislation, policies
and programmes in this area”. 384
The CEDAW Committee has also said that States parties
should: “Develop effective and independent mechanisms to
observe and monitor women’s access to justice in order to
ensure that justice systems are in accordance with the
principles of justiciability, availability, accessibility, good quality
and effectiveness of remedies.” 385 These mechanisms should
include regular reviews of the efficacy all decision-making
bodies that affect women’s rights, whether judicial, quasijudicial
or administrative. 386
Where prevalence studies show that many more crimes are
being committed than are being reported to the police, then it
is vitally important that States find out why women are not
coming forward and reporting violence to the authorities. 387
383
CEDAW General Recommendation No 33, “General
recommendation on women’s access to justice”, UN Doc
CEDAW/C/GC/33 (2015), paragraph 51(d).
384
Ibid, paragraph 51(d).
385
Ibid, paragraph 20(a).
386
Ibid, paragraph 20(a).
387
Ibid, paragraph 20(e) and (f).