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

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 153
The CEDAW Convention reflects this basic principle of
international human rights law, with Article 15 requiring States
parties to ensure that women:
Are equal with men before the law; 399
Have a legal capacity identical to that of men, in civil
matters;
Have the same opportunities to exercize that legal
capacity;
Have equal rights to men to conclude contracts and to
administer property; and
Are treated equally in all stages of procedure in courts
and tribunals. 400
The special situation of girls who are victims of violence
Domestic legal system needs to have a special awareness of
the needs of girls, and the difficulties they have in accessing
the legal system, to ensure their protection from, or remedy
and reparation for, violence.
The Convention on the Rights of the Child requires that
children, without discrimination, be protected from:
All forms of “physical or mental violence, injury or
abuse, neglect or negligent treatment, maltreatment or
exploitation, including sexual abuse, while in the care of
parent(s), legal guardian(s) or any other person who
has the care of the child”. 401
Unlawful sexual activity, exploitation of prostitution or
pornography. 402
All forms of torture or other cruel, inhuman or degrading
treatment or punishment (neither capital punishment
nor life imprisonment without possibility of release can
399
Ibid, Article 15(1).
400
Ibid, Article 15(2).
401
Convention on the Rights of the Child, Article 19.
402
Ibid, Article 34.