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

212 PRACTITIONERS GUIDE No. 12
violence against women, the purported exercize of these rights
may create particular tensions with ensuring access to justice
for women and the equal protection of the law. Courts need to
be aware of the competing demands in balancing access to
justice for women subjected to gender based violence and
maintaining the fair trial standards of those accused of crimes.
Courts need to be able to assess whether a purported defence
is in fact a form of victim-blaming or stereotyping.
There are three forms of defence:
Complete defences (for example, self-defence);
Partial defences, which may result in charges of a lesser
crime (accepting a charge of manslaughter rather than
murder, for example); and
The production of evidence in order to obtain a
mitigation of sentence.
While some defences may be appropriate under certain
circumstances, practitioners should be aware that the
application of certain defences may constitute a form of
discrimination against women.
Discriminatory defences that justify violence against
women
“Traditional attitudes by which women are regarded as
subordinate to men or as having stereotyped roles perpetuate
widespread practices involving violence or coercion, such as
family violence and abuse, forced marriage, dowry deaths, acid
attacks and female circumcision. Such prejudices and practices
may justify gender-based violence as a form of protection or
control of women. The effect of such violence on the physical
and mental integrity of women is to deprive them the equal
enjoyment, exercise and knowledge of human rights and
fundamental freedoms.” 562
562
CEDAW General Recommendation No 19, above note 506,
paragraph 11.