CEDAW/C/GC/33
protection of the law. 1 Article 15 of the Convention provides that women and men
must have equality before the law and benefit from equal protection of the law.
Article 2 stipulates that States parties must take all appropriate measures to
guarantee the substantive equality of men and women in all areas of life, including
through the establishment of competent national tribunals and other pu blic
institutions, to ensure the effective protection of women against any act of
discrimination. The content and scope of that provision are further detailed in the
Committee’s general recommendation No. 28 on the core obligations of States
parties under article 2 of the Convention. Article 3 mentions the need for
appropriate measures to ensure that women can exercise and enjoy their human
rights and fundamental freedoms on a basis of equality with men.
7.
Discrimination may be directed against women on the basis of their sex and
gender. Gender refers to socially constructed identities, attributes and roles for
women and men and the cultural meaning imposed by society on to biological
differences, which are consistently reflected within the justice system a nd its
institutions. Under article 5 (a) of the Convention, States parties have an obligation
to expose and remove the underlying social and cultural barriers, including gender
stereotypes, that prevent women from exercising and claiming their rights and
impede their access to effective remedies.
8.
Discrimination against women, based on gender stereotypes, stigma, harmful
and patriarchal cultural norms and gender-based violence, which affects women in
particular, has an adverse impact on the ability of women to gain access to justice
on an equal basis with men. In addition, discrimination against women is
compounded by intersecting factors that affect some women to degrees or in ways
that differ from those affecting men or other women. Grounds for intersect ing or
compounded discrimination may include ethnicity/race, indigenous or minority
status, colour, socioeconomic status and/or caste, language, religion or belief,
political opinion, national origin, marital and/or maternal status, age, urban/rural
location, health status, disability, property ownership and identity as a lesbian,
bisexual or transgender woman or intersex person. These intersecting factors make
it more difficult for women from those groups to gain access to justice. 2
9.
Other factors that make it more difficult for women to gain access to justice
include illiteracy, trafficking, armed conflict, status as an asylum seeker, internal
displacement, statelessness, migration, being a female head of household,
widowhood, living with HIV, deprivation of liberty, criminalization of prostitution,
geographical remoteness and stigmatization of women fighting for their rights. That
human rights defenders and organizations are frequently targeted because of their
work must be emphasized and their own right to access to justice protected.
10. The Committee has documented many examples of the negative impact of
intersecting forms of discrimination on access to justice, including ineffective
remedies, for specific groups of women. Women belonging to such grou ps often do
not report violations of their rights to the authorities for fear that they will be
humiliated, stigmatized, arrested, deported, tortured or have other forms of violence
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See, for example, articles 7 and 8 of the Universal Declaration of Human Rights, articles 2 and
14 of the International Covenant on Civil and Political Rights and articles 2 (2) and 3 of the
International Covenant on Economic, Social and Cultural Rights. At the regional level, the
Convention for the Protection of Human Rights and Fundamental Freedoms (European
Convention on Human Rights), the American Convention on Human Rights and the African
Charter on Human and Peoples’ Rights all contain relevant provisions.
See paragraph 18 of general recommendation No. 28.
15-13094