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

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28 PRACTITIONERS GUIDE No. 12<br />

Through the establishment of legal duties, a State’s<br />

responsibility <strong>to</strong> take appropriate measures <strong>to</strong> respond <strong>to</strong><br />

gender-based violence is then unders<strong>to</strong>od as a legal<br />

entitlement, rather than a discretionary measure. 43<br />

Ensuring access <strong>to</strong> adjudication and remediation<br />

States can be held <strong>to</strong> account using the <strong>to</strong>ols and mechanisms<br />

of human rights frameworks, including treaty bodies,<br />

international criminal tribunals and the African, Europe and<br />

Inter-American human rights systems. 44<br />

Empowerment of victims and survivors, as well as<br />

human rights defenders<br />

Recognizing gender-based violence as a rights violation<br />

empowers women in becoming rights-holders rather than<br />

recipients of benefits. It also engages a wider range of human<br />

rights defenders who then have a stake in preventing violence<br />

against women as part of a wider effort in building respect for<br />

all human rights. 45<br />

Visibility of the experiences of women<br />

The human rights discourse can become more inclusive in<br />

recognizing the particular experiences of women. This<br />

encourages human rights norms <strong>to</strong> not only encompass a<br />

gender perspective but also a wider variety of fac<strong>to</strong>rs that<br />

shape men’s and women’s experiences of discrimination and<br />

violence: including race, ethnicity, age, class, sexual<br />

orientation, disability, nationality, religion and culture. 46<br />

A holistic approach, across a variety of professional and<br />

practical dimensions<br />

Addressing gender-based violence as a human rights issue<br />

encourages a holistic and multi-sec<strong>to</strong>ral response that calls for<br />

43<br />

Ibid, paragraph 39.<br />

44<br />

Ibid, paragraph 39.<br />

45<br />

Ibid, paragraph 40.<br />

46<br />

Ibid, paragraph 41.

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