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

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 225
encouraged to develop a mechanism in the State’s criminal
procedure code where victims can ask for a review of any
decisions made not to prosecute. Such a mechanism should be
“clear and transparent and not overly bureaucratic to ensure
that victims can request the review without legal
representation”. 598 At the very least, legislation should require
“that any prosecutor who discontinues a case of violence
against women explain to the complainant/survivor why the
case was dropped”. 599
Access to judicial proceedings treating gender-based
violence in a holistic manner
Women need accessible justice that deals with violence against
women as a holistic legal problem, where criminal, civil and
family law problems are all inter-related.
The UN General Assembly has called on States to undertake
regular reviews of laws, policies and procedures in the light of
international human rights law and standards, to ensure
consistency across criminal law and family law, so that victims
and their children can be kept safe and the best interests of
children prioritized. 600 Promising practices include having
criminal courts where the judges and other members of staff
are familiar with addressing violence against women and have
particular expertise in dealing with victims and witnesses
relating to these offences. Other promising practices include
specialist integrated courts, which can deal with all relevant
legal issues regarding an individual woman’s situation, for
598
European Commission, DG JUSTICE GUIDANCE DOCUMENT,
“related to the transposition and implementation of Directive
2012/29/EU of the European Parliament and of the Council of 25
October 2012 establishing minimum standards on the rights, support
and protection of victims of crime, and replacing Council Framework
Decision 2001/220/JHA, December 2013, page 31.
599
UN Handbook for Legislation on Violence against Women, above
note 511, page 36.
600
Updated Model Strategies and Practical Measures, above note 559,
paragraph 14(d).