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

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WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 233
‣ The Istanbul Convention also requires that States
ensure “that the victim/survivor is informed about
liberty of alleged perpetrators (whether bail,
permanent or temporary release or escape)”. 627
Special protection for the rights of girls.
‣ International law and standards require that
children, particularly girls, be given effective support
in accessing justice, including being provided with
special protection measures. 628
Victim-blaming and stereotyping in procedural law
Women frequently fear coming forward with complaints about
gender-based violence because of the fear of “secondary
victimization” by the criminal justice system. In particular, they
may be prone to adverse treatment from State authorities in
accessing justice which may compound the harm that they
have already experienced.
These concerns are particularly pronounced in respect of
women at risk of intersectional or compounded
discrimination. 629 Where women are subject to compounded
discrimination they are less likely to report any crimes of
627
Istanbul Convention, above note 509, Article 56(1)(b).
628
CEDAW General Recommendation No 33, above note 569,
paragraph 24: “Special consideration is to be given to girls
(including the girl child and adolescent girls, where appropriate)
because they face specific barriers to access to justice. They often lack
the social or legal capacity to make significant decisions about their
lives in areas relating to education, health and sexual and reproductive
rights. They may be forced into marriage or subjected to other
harmful practices and various forms of violence.” See also Istanbul
Convention, above note 509, Article 56(2), which requires States to
ensure “a child victim and child witness of violence against women and
domestic violence shall be afforded, where appropriate, special
protection measures taking into account the best interests of the
child.”
629
See above, Chapter II, “‘Intersectionality’: protecting women’s
rights for all women in all their diversity”.