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

156 PRACTITIONERS GUIDE No. 12
assistance to women, including the granting of residency
permits, upon cooperation with judicial authorities in cases of
trafficking in human beings and organized crime”. 414
Women subjected to violence who cannot read or need
translation services
The CEDAW Committee has called on States to: “Remove
linguistic barriers by providing independent and professional
translation and interpretation services when needed; provide
individualized assistance for illiterate women in order to
guarantee their full understanding of the judicial or quasijudicial
processes”. 415
The Istanbul Convention includes the right to translation of
evidence, “providing victims with independent and competent
interpreters when victims are parties to proceedings or when
they are supplying evidence”. 416
Special outreach measures to particular communities
where there is risk of harmful practices
Some crimes are seen as “cultural” or specific to certain
communities or ethnic groups. This can be seen, for example,
in the case of female genital mutilation (FGM), forced and early
marriage and “honour” crimes. This can be problematic as
either such violence is deemed to be “part of the culture” of
particular groups, and therefore acceptable, or the prevalence
of such violence is used as a discriminatory reason to criticize
certain communities, particularly immigrant communities.
The reality is that gender-based violence is prevalent in all
communities, all classes, and all backgrounds and that violence
is permitted and sanctioned by all cultures. For example, the
defence of so-called “honour” is very similar to the defence of
“crime of passion” or “provocation” in cases where a man is
414
CEDAW General Recommendation No 33, above note 383,
paragraph 51(f).
415
Ibid, paragraph 17(b).
416
Istanbul Convention, above note 378, Article 56(h).