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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 29<br />

strengthening initiatives <strong>to</strong> eliminate violence against women in<br />

all areas including <strong>justice</strong>, health, education, development,<br />

humanitarian, peace building and security sec<strong>to</strong>rs. 47<br />

Appraisal of competing claims from victims and<br />

perpetra<strong>to</strong>rs<br />

A human rights based appraisal helps <strong>to</strong> sort through<br />

competing claims <strong>to</strong> human rights, from women victims of<br />

violence, violent men who have a sense of entitlement <strong>to</strong> use<br />

violence because of their human rights and States that are<br />

unwilling <strong>to</strong> change domestic laws and practices.<br />

For example, the right <strong>to</strong> freedom of thought, conscience and<br />

religion may sometimes be inappropriately invoked as<br />

justification <strong>to</strong> discriminate against women or use violence<br />

against them despite clarifications from the UN General<br />

Assembly that: “States should condemn violence against<br />

women and should not invoke any cus<strong>to</strong>m, tradition or religious<br />

consideration <strong>to</strong> avoid their obligations with respect <strong>to</strong> its<br />

elimination”. 48<br />

The right <strong>to</strong> cultural life may similarly be raised as a license <strong>to</strong><br />

engage in discrimination against women in access <strong>to</strong> housing or<br />

property. 49<br />

The right <strong>to</strong> property might be claimed as a basis <strong>to</strong> permit a<br />

violent man <strong>to</strong> have access <strong>to</strong> his property when the woman he<br />

has attacked needs <strong>to</strong> remain there under the terms of a<br />

protection order or an order for division of the marital property.<br />

However, in such a situation the CEDAW Committee has said<br />

that: “Women’s human rights <strong>to</strong> life and <strong>to</strong> physical and mental<br />

47<br />

Ibid, paragraph 42.<br />

48<br />

UN Declaration on the Elimination of Violence against Women,<br />

above note 24, Article 4.<br />

49<br />

Sandra Lovelace v Canada, Human Rights Committee<br />

Communication No. R.6/24, UN Doc Supp. No. 40 (A/36/40) at 166<br />

(1981).

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