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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 33<br />

Establishing how <strong>justice</strong> systems should function <strong>to</strong><br />

implement women’s rights<br />

Human rights law has developed a number of practical<br />

assessments <strong>to</strong> analyse why and how States fail <strong>to</strong> ensure that<br />

individuals enjoy their human rights in practice, and <strong>to</strong> describe<br />

how human rights obligations should function in practice.<br />

The CEDAW Committee has outlined some of the particular<br />

challenges <strong>to</strong> women’s access <strong>to</strong> <strong>justice</strong> as including: “the<br />

centralization of courts and quasi-judicial bodies in the main<br />

cities, their non-availability in rural and remote regions, the<br />

time and money needed <strong>to</strong> access them, the complexity of<br />

proceedings, the physical barriers for women with disabilities,<br />

the lack of access <strong>to</strong> quality, gender-competent legal advice,<br />

including legal aid, as well as the deficiencies often noted in the<br />

quality of <strong>justice</strong> systems (gender-insensitive<br />

judgments/decisions due <strong>to</strong> the lack of trainings, delays and<br />

sec<strong>to</strong>r education designed <strong>to</strong> raise the awareness of the public with<br />

respect <strong>to</strong> the problems of and remedies for violence against women”.<br />

59<br />

Pro<strong>to</strong>col <strong>to</strong> the African Charter on Human and Peoples' Rights on the<br />

Rights of Women in Africa (Mapu<strong>to</strong> Pro<strong>to</strong>col) of 11 July 2003, Article<br />

8(c): “the establishment of adequate educational and other<br />

appropriate structures with particular attention <strong>to</strong> women and <strong>to</strong><br />

sensitise everyone <strong>to</strong> the rights of women”.<br />

60<br />

Istanbul Convention, above note 16, Article 13(1) “Parties shall<br />

promote or conduct, on a regular basis and at all levels, awarenessraising<br />

campaigns or programmes, including in co-operation with<br />

national human rights institutions and equality bodies, civil society and<br />

non-governmental organisations, especially women’s organisations,<br />

where appropriate, <strong>to</strong> increase awareness and understanding among<br />

the general public of the different manifestations of all forms of<br />

violence covered by the scope of this Convention, their consequences<br />

on children and the need <strong>to</strong> prevent such violence” and Article 13(2)<br />

“Parties shall ensure the wide dissemination among the general public<br />

of information on measures available <strong>to</strong> prevent acts of violence<br />

covered by the scope of this Convention”.

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