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

78 PRACTITIONERS GUIDE No. 12
should aspire… to subvert instead of reinforce pre-existing
patterns of cross-cutting structural subordination, gender
hierarchies, systemic marginalization and structural inequalities
that may be at the root cause of the violence that women
experience before, during and after the conflict”. 201
In the case of gender-based violence against women, this
requires that women have access to remedies for violence that
transforms the situation of discrimination and violence that led
to the violations of their rights.
The Committee against Torture, in the same vein, recognized
that for restitution to be effective, “efforts should be made to
address structural causes to the violation, including any kind of
discrimination related to, for example, gender, sexual
orientation, disability, political or other opinion, ethnicity, age
and religion, and all other grounds of discrimination”. 202
Given the prevalence and persistence of violence against
women, it has been understood as appropriate to require
States to undertake specifically crafted administrative
programmes to provide reparation for victims of gender-based
violence. While the operation of these programmes can be
simplified, to avoid some of the stress and complexity that
legal action requires, these should always be able to assess and
award compensation with minimal formality, for example,
specific medical evidence that would be required in a court
process.
Civil lawsuits against third parties that failed to protect
women or girls at risk of violence
The State’s failure to protect women who are known to be at
risk of violence, which leads to harm and even killings by
known perpetrators, is a violation of women’s human rights and
201
Report of the Special Rapporteur on violence against women, its
causes and consequences, UN Doc A/HRC/14/22 (2010), paragraph
85.
202
Committee against Torture, General Comment No 3, above note
196, paragraph 8.