CEDAW/C/GC/33
(f) Systematically apply the findings of those analyses in order to
develop priorities, policies, legislation and procedures to ensure that all
components of the justice system are gender-sensitive, user-friendly and
accountable.
B.
Discriminatory laws, procedures and practices
21. Frequently, States parties have constitutional provisions, laws, regulations,
procedures, customs and practices that are based on traditional gender stereotypes
and norms and are, therefore, discriminatory and deny women full enjoyment of
their rights under the Convention. The Committee, the refore, consistently calls upon
States parties, in its concluding observations, to review their legislative frameworks
and to amend and/or repeal provisions that discriminate against women. This is
consistent with article 2 of the Convention, which enshrines obligations for States
parties to adopt appropriate legal and other measures to eliminate all forms of
discrimination against women by public authorities and non-State actors, be they
individuals, organizations or enterprises.
22. Women, nonetheless, face many difficulties in gaining access to justice as a
result of direct and indirect discrimination, as defined in paragraph 16 of general
recommendation No. 28. Such inequality is apparent not only in the discriminatory
content and/or impact of laws, regulations, procedures, customs and practices, but
also in the lack of capacity and awareness on the part of judicial and quasi -judicial
institutions to adequately address violations of women’s human rights. In its general
recommendation No. 28, the Committee, therefore, notes that judicial institutions
must apply the principle of substantive or de facto equality, as embodied in the
Convention, and interpret laws, including national, religious and customary laws, in
line with that obligation. Article 15 encompasses obligations for States parties to
ensure that women enjoy substantive equality with men in all areas of the law.
23. Many of the Committee’s concluding observations and views under the
Optional Protocol, however, demonstrate that discriminatory proc edural and
evidentiary rules and a lack of due diligence in the prevention, investigation,
prosecution, punishment and provision of remedies for violations of women’s rights
result in contempt of obligations to ensure that women have equal access to justic e.
24. Special consideration is to be given to girls (including the girl child and
adolescent girls, where appropriate) because they face specific barriers to gaining
access to justice. They often lack the social or legal capacity to make significant
decisions about their lives in areas relating to education, health and sexual and
reproductive rights. They may be forced into marriage or subjected to other harmful
practices and various forms of violence.
25.
The Committee recommends that States parties:
(a) Ensure that the principle of equality before the law is given effect by
taking steps to abolish any existing laws, procedures, regulations,
jurisprudence, customs and practices that directly or indirectly discriminate
against women, especially with regard to their access to justice, and to abolish
discriminatory barriers to access to justice, including:
(i) The obligation or need for women to seek permission from family or
community members before beginning legal action;
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