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

230 PRACTITIONERS GUIDE No. 12
Protection for victims and witnesses
Principles for protection
“Women subjected to violence are enabled to testify in criminal
proceedings through adequate measures that facilitate such
testimony by protecting the privacy, identity and dignity of the
women; ensure safety during legal proceedings; and avoid
‘secondary victimization’. In jurisdictions where the safety of
the victim cannot be guaranteed, refusing to testify should not
constitute a criminal or other offence”. 614
Secure and user-friendly courts.
‣ The CEDAW Committee has called on States parties
to: “Ensure that the physical environment and
location of judicial and quasi-judicial institutions and
other services are welcoming, secure and accessible
to all women”. 615 The Committee has stressed the
need for special measures to “protect women’s
privacy, safety, and other human rights”, 616 and also
the need for those reporting on cases to protect “the
dignity, emotional condition and security of
women”. 617
Avoid victims and witnesses encountering alleged
perpetrators in court premises.
‣ The UN Handbook for Legislation on Violence
against Women has suggested that there should be
separate access to court for defendants and
witnesses, and protection within the court structure,
including separate waiting areas for complainants
614
Updated Model Strategies and Practical Measures, above note 578,
paragraph 15(c).
615
CEDAW General Recommendation No 33, above note 569,
paragraph 17(e).
616
Ibid, paragraph 18(f).
617
Ibid, paragraph 18(f).