CEDAW/C/GC/33
(g) Revise the rules on the burden of proof in order to ensure equality
between the parties in all fields where power relationships deprive women of
fair treatment of their cases by the judiciary;
(h) Cooperate with civil society and community-based organizations to
develop sustainable mechanisms to support women’s access to justice and
encourage non-governmental organizations and civil society entities to take
part in litigation relating to women’s rights;
(i) Ensure that women human rights defenders are able to gain access to
justice and receive protection from harassment, threats, retaliation and
violence.
16. With regard to the availability of justice systems, the Committee
recommends that States parties:
(a) Ensure the creation, maintenance and development of courts,
tribunals and other entities, as needed, that guarantee women’s right to access
to justice without discrimination throughout the entire territory of the State
party, including in remote, rural and isolated areas, giving consideration to the
establishment of mobile courts, especially to serve women living in remote,
rural and isolated areas, and to the creative use of modern information
technology solutions, when feasible;
(b) In cases of violence against women, ensure access to financial aid,
crisis centres, shelters, hotlines and medical, psychosocial and counselling
services;
(c) Ensure that rules on standing allow groups and civil society
organizations with an interest in a given case to lodge petitions and participate
in the proceedings;
(d) Establish an oversight mechanism by independent inspectors to
ensure the proper functioning of the justice system and address any
discrimination against women committed by justice system professionals.
17. With regard to accessibility
recommends that States parties:
of
justice
systems,
the
Committee
(a) Remove economic barriers to justice by providing legal aid and
ensure that fees for issuing and filing documents, as well as court costs, are
reduced for women with low incomes and waived for women living in poverty;
(b) Remove linguistic barriers by providing independent and
professional translation and interpretation services, when needed, and provide
individualized assistance for illiterate women in order to guarantee their full
understanding of judicial and quasi-judicial processes;
(c) Develop targeted outreach activities and distribute through, for
example, specific units or desks dedicated to women, information about the
justice mechanisms, procedures and remedies that are available, in various
formats and also in community languages. Such activities and information
should be appropriate for all ethnic and minority groups in the population and
designed in close cooperation with women from those groups and, especially,
from women’s and other relevant organizations;
(d) Ensure access to the Internet and other information and
communications technology (ICT) to improve women’s access to justice systems
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