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

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222 PRACTITIONERS GUIDE No. 12<br />

confidentiality could prevent further violent abuses. The<br />

Istanbul Convention sets out its position on this as follows:<br />

“Parties shall take the necessary measures <strong>to</strong> ensure<br />

that the confidentiality rules imposed by internal law on<br />

certain professionals do not constitute an obstacle <strong>to</strong> the<br />

possibility, under appropriate conditions, of their<br />

reporting <strong>to</strong> the competent organisations or authorities<br />

if they have reasonable grounds <strong>to</strong> believe that a<br />

serious act of violence covered by the scope of this<br />

Convention, has been committed and further serious<br />

acts of violence are <strong>to</strong> be expected”. 591<br />

The role of experts, including social workers and<br />

psychologists, in advising criminal <strong>justice</strong> processes<br />

about the realities of gender-based violence<br />

While medico-legal reporting tends <strong>to</strong> focus on physical and<br />

psychological injuries <strong>to</strong> individual victims, guidance from other<br />

professionals, for example, social workers, can help those<br />

working in <strong>justice</strong> systems <strong>to</strong> understand better how genderbased<br />

violence is perpetrated and how such violence affects<br />

women. The CEDAW Committee has recommended that “other<br />

professionals, in particular health professionals and social<br />

workers… can play an important role in cases of violence<br />

against women and in family matters, in awareness-raising and<br />

capacity-building”. 592<br />

Duties of prosecu<strong>to</strong>rs: prosecution of crimes of violence<br />

against women<br />

For women <strong>to</strong> maintain confidence and their active participation<br />

in the <strong>justice</strong> system, particularly in cases involving prosecution<br />

of violence against them, it is important that “responsibility for<br />

prosecuting violence against women lies with prosecution<br />

591<br />

Istanbul Convention, above note 509, Article 28.<br />

592<br />

CEDAW General Recommendation No 33, above note 569,<br />

paragraph 29(b).

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