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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<br />

v<br />

“Transformative reparation” for gender-based<br />

violence: dealing with the root causes of<br />

violence 76<br />

Civil lawsuits against third parties that failed <strong>to</strong><br />

protect women or girls at risk of violence 78<br />

Violence against women in armed conflict and<br />

under international criminal law 80<br />

Reparations and access <strong>to</strong> <strong>justice</strong> post-conflict 84<br />

BOX: The end of conflict requires redoubled<br />

efforts <strong>to</strong> address gender-based violence 86<br />

V. The Convention on the Eliminations of all forms<br />

of Discrimination against Women as a dynamic<br />

legal framework 89<br />

Article 1: Gender-based violence constitutes a<br />

form of discrimination 90<br />

Article 2: States must condemn discrimination<br />

and take appropriate and immediate action <strong>to</strong><br />

eradicate it 92<br />

Article 2(a) States must enact and enforce in<br />

national law the paramount principle of gender<br />

equality 93<br />

BOX: The role of judges in enforcing the rule<br />

of law relating <strong>to</strong> gender equality 94<br />

Article 2(b): Gender discrimination must face<br />

legal sanction 96<br />

Article 2(c): The right <strong>to</strong> equality must be<br />

recognized and enforced by law 98<br />

Article 2 (d): Public authorities’ role in<br />

respecting non-discrimination 101<br />

BOX: Resources for advocates dealing with<br />

<strong>to</strong>rture and ill-treatment 102

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