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

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 245
agencies, the judiciary and children’s protection
services; and
Priority consideration is given to the needs and safety of
women subject to violence. 666
Legislation should clarify that the use of alternative sentencing,
including sentences in which the perpetrator is mandated to
attend an intervention programme for perpetrators and no
other penalty is imposed, are to be approached with serious
caution and only handed down in instances where there will be
continuous monitoring of the sentence by justice officials and
women’s non-governmental organizations to ensure the safety
of the woman who has been subject to violence and the
effectiveness of the sentence. 667
The UN Handbook on Legislation on Violence against Women
recommends that legislation should ensure that careful review
and monitoring of intervention programmes is provided for and
involves women’s non-governmental organizations and women
that have been affected by violence. The Handbook also
recommends that if “limited funding is available, services for
survivors should be prioritized over programmes for
perpetrators, and that such sentences should only be imposed
following an assessment to ensure that there will be no risk to
the safety of the survivor”. 668
666
Council of Europe, “Explanatory Report to the Council of Europe
Convention on preventing and combating violence against women and
domestic violence”, paragraph 104.
667
Istanbul Convention, above note 509, Article 16(3) requires that
States: “In taking the measures referred to in paragraphs 1 and 2,
Parties shall ensure that the safety of, support for and the human
rights of victims are of primary concern and that, where appropriate,
these programmes are set up and implemented in close co-ordination
with specialist support services for victims”.
668
UN Handbook for Legislation on Violence against Women, above
note 511, page 53.