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

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 75
‣ Reviewing and reforming laws that enable conduct
that amounts to gross human rights violations.
The Human Rights Committee, 194 the CEDAW Committee 195 and
the Committee against Torture 196 also speak of the obligation of
194
Human Rights Committee, General Comment No 31, above note
176, paragraph 16: “Article 2, paragraph 3, requires that States
Parties make reparation to individuals whose Covenant rights have
been violated. Without reparation to individuals whose Covenant rights
have been violated, the obligation to provide an effective remedy,
which is central to the efficacy of article 2, paragraph 3, is not
discharged. In addition to the explicit reparation required by articles 9,
paragraph 5, and 14, paragraph 6, the Committee considers that the
Covenant generally entails appropriate compensation. The Committee
notes that, where appropriate, reparation can involve restitution,
rehabilitation and measures of satisfaction, such as public apologies,
public memorials, guarantees of non-repetition and changes in
relevant laws and practices, as well as bringing to justice the
perpetrators of human rights violations.”
195
CEDAW General Recommendation No 28, above note 167,
paragraph 32: “Paragraph 2 (b) contains the obligation of States
parties to ensure that legislation prohibiting discrimination and
promoting equality of women and men provides appropriate remedies
for women who are subjected to discrimination contrary to the
Convention. This obligation requires that States parties provide
reparation to women whose rights under the Convention have been
violated. Without reparation the obligation to provide an appropriate
remedy is not discharged. Such remedies should include different
forms of reparation, such as monetary compensation, restitution,
rehabilitation and reinstatement; measures of satisfaction, such as
public apologies, public memorials and guarantees of non-repetition;
changes in relevant laws and practices; and bringing to justice the
perpetrators of violations of human rights of women.”
196
Committee against Torture, General Comment No 3,
“Implementation of article 14 by States parties”, UN Doc CAT/C/GC/3
(2012), paragraph 6, which explains that the term “redress” is used in
Article 14 of the Convention against Torture to include “the following
five forms of reparation: restitution, compensation, rehabilitation,
satisfaction and guarantees of non-repetition. The Committee
recognises the elements of full redress under international and
practice as outlined in the Basic Principles and Guidelines on the Right
to a Remedy and Reparation for Victims of Gross Violations of