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

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 175
“Go” orders, requiring a perpetrator of domestic violence to
vacate the residence of the victim or person at risk for a
sufficient period of time, are an important measure. 468 Other
orders prohibit the perpetrator from entering the residence of
or contacting the victim or person at risk, and requiring
perpetrators to stay away from places the victim goes to
regularly. 469 Measures taken must give priority to the safety of
victims or persons at risk. For example, the perpetrator’s
property rights over a shared home should not take precedence
over the safety of the victim. 470
The priority of women’s rights to physical and mental
integrity
The CEDAW Committee has said:
“Women’s human rights to life and to physical and mental
integrity cannot be superseded by other rights, including the
right to property and the right to privacy”. 471
Protection or restraining orders should be available for all forms
of violence against women, not just domestic violence. 472
According to the Istanbul Convention, these orders must be:
Available for immediate protection;
Without undue financial or administrative burdens on
the victim;
Issued for a specified period, or until modified or
discharged;
made to protect you immediately.” See ‘Forced marriage’, at URL:
https://www.gov.uk/stop-forced-marriage.
468
For example, see Istanbul Convention, above note 378, Article 52.
469
For example, see Istanbul Convention, above note 378, Article 53.
470
A.T. v Hungary, above note 438, paragraph 9.3.
471
Ibid, paragraph 9.3. See also Opuz v Turkey (2009) ECHR 870,
paragraph 144: “the national authorities’ interference with the private
or family life of the individuals might be necessary in order to protect
the health and rights of others or to prevent commission of criminal
acts”.
472
Istanbul Convention, above note 378, Article 53.