...States must provide victims/survivors of CRSV with access to justice🔗 The obligation to treat all civilians and persons not taking an active part in hostilities without ‘adverse distinction’156 requires States to remove and prevent barriers that victims/survivors of CRSV may face before accessing the protections guaranteed under IHL. The prohibition of ‘adverse distinction’ comprises seemingly neutral measures that have the effect of adversely affecting certain persons.157 Counter-charges are examples of such measures: they include laws that...

...to assist linguistic minorities;84 Facilitate other entities’ investigative endeavours.85 This is relevant as regards lack of coordination between ordinary and Indigenous justice systems, which is an obstacle to access to justice for Indigenous persons, in particular Indigenous women ‘who are victims of gender-based violence’. States should continue making efforts to recognise, respect and strengthen Indigenous justice system, in line with international human rights law, ‘including through harmonization, cooperation and coordination’ involving the authorities of the ordinary......and Indigenous systems of justice ‘at both the local and the federal levels’.86 Where appropriate, Indigenous tribes should have full jurisdiction over non-Indigenous perpetrators.87 Judges. The independence of the judiciary is essential in cases relating to racial discrimination. States should ‘strengthen and guarantee the independence of the judiciary from political control and interference’.88 To this end, States should halt ‘the application of military law’.89 III.14 States must provide victims/survivors of CRSV with access to justice🔗 Under article 5(a),...

...human rights violations,46 with sanctions that are commensurate with the gravity of the crime.47 States should periodically monitor the number of investigations and convictions for violence against women compared to the number of complaints received so that they may strengthen existing measures aimed at the protection of women.48 III.6 States should provide victims/survivors of CRSV with access to justice🔗 The Committee has expressed concerns about reports in certain countries that CRSV victims/survivors ‘have difficulty in gaining......courts;54 Abolish legal provisions fostering impunity for sexual violence, including amnesties for serious violations of international human rights law and international humanitarian law, and defences of superior order;55 and Remove obstacles that hinder the filing of complaints and effective access to justice and compensation for victims/survivors of sexual violence, including by significantly increasing statutes of limitations commensurate with the gravity of sexual violence.56 Humanitarian Response🔗 III.7 States should provide victims/survivors of CRSV with appropriate care🔗 States...

...training, employment, housing and access to justice;152 Design human rights-based and gender-sensitive anti-trafficking legislation, policy and programmes; Continuously implement the CEDAW and the Trafficking in Persons Protocol in peace-making, stabilisation and reconstruction processes in line with UNSC resolutions.153 Participation in law enforcement mechanisms. States should ensure the equal representation of women from all backgrounds at all decision-making levels in the armed forces, police, justice institutions and transitional justice mechanisms (judicial and non-judicial) ‘dealing with crimes committed during the......Violence in Conflict‘;180 Collaborating with other justice systems, including the International Criminal Court and international investigative bodies.181 III.19 States must ensure that victims/survivors of CRSV have access to justice🔗 In conflict, existing justice systems may be more likely to violate women’s rights than to protect them, which can deter victims from seeking justice. In the aftermath of conflict, transitional justice mechanisms frequently fail to fully address ‘the gendered impact of conflict’: the most egregious and......dialogue’, aimed at women, in particular those affected by intersecting forms of discrimination, on the legal and social resources available to victims/survivors;191 Ensure access to the Internet and other information and communications technology (ICT) to improve women’s access to justice systems at all levels; Ensure that the physical environment and location of judicial and quasi-judicial institutions and other services are ‘welcoming, secure and accessible to all women’, including financially; Establish justice access centres, such as......indicators to measure women’s access to justice, including the United Nations indicators on violence against women;194 Apply the principle of equality and interpret the law, to the maximum extent possible, in line with States’ CEDAW obligations.195 States should never use domestic laws as justification for failures to carry out their international obligations.196 Accountable justice. The accountability of justice systems refers to the monitoring of the actions of justice system professionals and of their legal responsibility when they......women’s access to justice; Effectively address identified discriminatory practices and acts by justice professionals ‘through disciplinary and other measures’; Create a specific entity to receive complaints, petitions and suggestions with regard to all personnel supporting the justice system, ‘including social, welfare and health workers as well as technical experts’.202 Child-friendly justice. States should establish ‘independent, safe, effective, accessible and child-sensitive complaint and reporting mechanisms’ for children, particularly girls. Mechanisms should be in conformity with international norms,...

...States must provide CRSV victims/survivors with access to justice🔗 States must provide CRSV victims/survivors with access to justice.275 Specific obstacles that impede access to justice and should be removed include, but are not limited to: Inadequate national legislation. States should review and improve their national laws ‘in accordance with the Committee’s concluding observations and views adopted on individual communications’.276 Examples of inadequate national legislation are domestic laws and policies that permit exemption from punishment of a rapist......should ensure that all victims/survivors of torture or ill-treatment, regardless of when the violation occurred or whether it is attributable to a former regime, are able to seek justice and obtain redress.295 Immunities. Granting immunity ‘to any State or its agents or to non-State actors for torture or ill-treatment’ is in direct conflict with States’ obligation to provide access to justice and redress to victims/survivors. Under no circumstances should arguments of national security be used to...

...access to justice on an equal basis with others, ‘including through the provision of procedural and age-appropriate accommodations’, to facilitate their effective role as direct and indirect participants, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages.93 Recalling the International Principles and Guidelines on Access to Justice for Persons with Disabilities (2020),94 accommodations include: Repealing all laws denying the legal capacity of persons with disabilities;95 ‘Substantial rights to legal aid,......information and education on how to avoid, recognize and report instances of exploitation, violence and abuse’. Protection services must be age, gender, and disability sensitive.91 Additionally, independent and confidential complaints mechanisms should be made available to all persons with disabilities in all settings.92 III.13 States must provide victims/survivors of CRSV with access to justice🔗 Under article 13, States ‘must ensure that all persons with disabilities have legal capacity and standing in courts’ and enjoy effective...

...sexual violence, such as the right to personal integrity,30 the respect of the dignity inherent in a human being (article 5, as discussed in the introduction), the right of access to justice,31 and the principle of non-discrimination.32 Under article 1, States must recognise such rights and adopt legislative or other measures to give effect to them.33 In accordance with the Commission’s Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in......given group.78 Extradition. States should make torture an extraditable offence, adopt the necessary legislation to prosecute or extradite alleged perpetrators of torture,79 and ensure that the extradition of those suspected of torture ‘take place expeditiously’.80 III.8 States must ensure access to justice for victims/survivors of CRSV🔗 Under article 7, everyone has a right to have their cause heard, which comprises the following: The right to an appeal to competent national organs against acts that violate their fundamental......exploitation ‘before a competent criminal jurisdiction’. IV.7 States must provide victims/survivors of CRSV with access to justice🔗 Under article 8, States must: Provide women with effective access to judicial and legal services, including legal aid; Support local, national, regional and continental initiatives providing women access to legal services; Establish adequate educational and other appropriate structures to sensitise everyone to the rights of women; Equip law enforcement organs at all levels to effectively interpret and enforce...

...or supplying evidence; Enabling victims/survivors to testify in the courtroom without being present or without the presence of the alleged perpetrator, for example through the use of communication technologies. IV.10 States must provide victims/survivors of CRSV with access to justice🔗 States must provide victims/survivors of violence against women and domestic violence with access to justice. Measures to facilitate this include: Enshrining the principle of equality between women and men in national constitutions or other legislation,...

...States must provide victims/survivors of CRSV and their families with access to justice🔗 Impunity encourages the chronic repetition of human rights violations.122 To combat impunity, States must ‘ensure full access and legal standing to the victims or their next of kin at all the stages of the investigation and prosecution of those responsible’.123 ‘Next of kin’ includes ‘mothers and fathers, daughters and sons, and husbands, wives and permanent companions, as well as brothers and sisters’.124 The victim/survivor’s......next of kin may also be a victim.125 In cases of sexual violence and torture, there is a rebuttable legal presumption of a violation of the next of kin’s mental and moral integrity,126 meaning that the Court will recognise this violation unless the State disproves it.127 Under articles 8(1) and 25(1) of the American Convention,128 States must provide victims/survivors with access to justice, remove all obstacles to such access, in fact and in law,129 and not obstruct the investigation...

...girls, have equal protection under the law and equal access to justice’,139 and exclude the application of amnesty provisions.140 The Special Representative has similarly stressed that addressing CRSV includes ‘ensuring that amnesties for sexual violence crimes are explicitly prohibited’.141 III.13 States should undertake comprehensive legal and judicial reforms to ensure that victims/survivors of CRSV have access to justice🔗 States should undertake comprehensive legal and judicial reforms in conformity with international law to strengthen legislation and......sectors,119 and support such programmes through international development cooperation relating to women’s empowerment and gender equality.120 Justice and Accountability🔗 III.10 States must promptly and ethically investigate CRSV🔗 Prompt investigations. States should strengthen access to justice for women in conflict and post-conflict situations, including through the prompt investigation of sexual and gender-based violence perpetrated by either civilians or military personnel.121 National authorities should ‘strengthen legislation to foster accountability for sexual violence’.122 The domestic investigation and judicial systems of Member States......foster accountability for sexual violence.142 Reforms should be implemented without delay to bring perpetrators of CRSV to justice and to ensure that survivors ‘have access to justice, are treated with dignity throughout the justice process and are protected and receive redress for their suffering’.143 Reforms may include, if not yet established, victim and witness protection laws, and provide, where appropriate, legal aid for victims/survivors. Additionally, States may establish specialised police units and courts to address CRSV...