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

6 PRACTITIONERS GUIDE No. 12
Women seeking justice: a catalyst for reform
Under international human rights law, persons who suffer
violations of their human rights have the right to effective
remedies and reparation for the harm they have suffered.
Gaining access to justice for acts of gender-based violence is
important to secure relief at the individual level, but also to
promote change at the systemic level in terms of laws and
practice. Where women vindicate their right to justice for
gender-based violence through international human rights
courts and mechanisms, other States and key actors, not only
the respondent State in the case, are put on notice that they
must act to improve law and practice accordingly. Political and
social actors become more aware of some ways in which
women’s human rights are violated and their obligations in
addressing the phenomenon and preventing the reoccurrence
of violence. Sometimes a State may commit to certain
measures to address the problem after an individual case is
held up to scrutiny. In addition, other women facing violence
are emboldened to also take action, still often at risk to
themselves, in order to seek justice.
If women’s human rights are to be realized and States’ legal
obligations implemented in practice, then justice systems
throughout the world will require varying degrees of reform.
Currently, seeking justice for gender-based violence can leave
women at risk of further violations or abuse of their human
rights: for example, being subjected to attacks by police or
security officers; shaming and stigma in their communities;
and secondary victimization by investigators, lawyers or judges
who may blame women for the violence they have suffered.
Secondary victimization also stereotypes women with abusive
myths about violence being an acceptable way of policing social
12.051, Report No 54/01 (16 April 2001); A.T. v Hungary, CEDAW
Communication No 2/2003 (26 January 2005); González et al.
(“Cotton Field”) v. Mexico, Inter-American Court of Human Rights,
judgment of 16 November 2009; Angela González Carreño v Spain,
CEDAW Communication No 47/2012, UN Doc CEDAW/C/58/D/47/2012
(2014).