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

36 PRACTITIONERS GUIDE No. 12
these analyses to ensure the gender sensitivity, accessibility
and accountability of the justice system”. 68
Specific to the question of access to justice for gender-based
violence, the CEDAW Committee has emphasized that States
should consult with women’s groups and civil society
organizations to develop legislation, policies and programs in
the criminal justice system to ensure that states “create
supportive environments that encourage women to claim their
rights, report crimes committed against them and actively
participate in criminal justice processes; and take measures to
prevent retaliation against women seeking recourse in
justice”. 69
In order for the principles of justiciability, availability,
accessibility, good quality, provision of remedies and
accountability to be met, States must ensure the appointment
of the necessary highly-qualified human resources; and invest
adequate financial and technical resources to fund not only the
justice system but also the institutions ensuring accountability,
as well as other related organizations such as national human
rights institutions and ombudsperson offices. 70
68
Ibid, paragraph 20(f).
69
Ibid, paragraph 51(d).
70
Ibid, paragraph 38-39. See also the Maputo Protocol, above note
59, Article 4(2)(i), which requires that States parties “provide
budgetary and other resources for the implementation and monitoring
of action aimed at preventing and eradicating violence against
women”.