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

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V<br />

WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 241<br />

may contribute <strong>to</strong> the normalization of sentences imposed in<br />

cases of violence against women.” 649<br />

The UN General Assembly has called on all States <strong>to</strong> adopt<br />

appropriate sentencing guidelines for crimes of violence against<br />

women <strong>to</strong> ensure that sanctions are commensurate with the<br />

severity of the crime. It has urged States <strong>to</strong> ensure sentencing<br />

policies and procedures relating <strong>to</strong> gender-based violence:<br />

Hold offenders accountable for their acts;<br />

Denounce and deter violence;<br />

S<strong>to</strong>p violent behaviour;<br />

Promote victim and community safety;<br />

Consider impact on victims and their family members;<br />

Provide sanctions that ensure sentencing of perpetra<strong>to</strong>rs<br />

in a manner proportionate <strong>to</strong> the severity of the offence;<br />

Provide reparations for harm caused; and<br />

Promote the rehabilitation of the perpetra<strong>to</strong>r. 650<br />

Removal or discrimina<strong>to</strong>ry exceptions and reductions of<br />

sentences based on social “value” of women subject <strong>to</strong><br />

violence<br />

As outlined in the section above on defences, certain practices<br />

discriminate against women subject <strong>to</strong> violence due <strong>to</strong> the<br />

woman’s perceived “value” – that is, perceptions of her<br />

chastity. This includes absolving the perpetra<strong>to</strong>r if he “res<strong>to</strong>res”<br />

chastity by marrying the victim. It also includes imposing<br />

lighter sentences on perpetra<strong>to</strong>rs if a woman had little or no<br />

“value” as unders<strong>to</strong>od in relation <strong>to</strong> perceptions of her sexual<br />

experience.<br />

The UN Handbook for Legislation on Violence against Women<br />

suggests that States’ legislation should remove any provisions<br />

that:<br />

649<br />

UN Handbook for Legislation on Violence against Women, above<br />

note 511, pages 50-51.<br />

650<br />

Updated Model Strategies and Practical Measures, above note 559,<br />

paragraph 17.

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