CEDAW/C/GC/35
businesses and transnational corporations, in efforts to eradicate all forms of
gender-based violence against women and in enhancing its responsibility for such
violence in the scope of its action, 61 which should entail protocols and procedures
addressing all forms of gender-based violence that may occur in the workplace or
affect women workers, including effective and accessible internal complaints
procedures, the use of which should not exclude recourse to law enforcement
authorities, and should also address workplace entitlements for victims/survivors.
C.
Protection
31. The Committee recommends that States parties implement the following
protective measures:
(a) Adopt and implement effective measures to protect and assist women
complainants of and witnesses to gender-based violence before, during and after
legal proceedings, including by:
(i) Protecting their privacy and safety, in line with general recommendation
No. 33, including through gender-sensitive court procedures and measures,
bearing in mind the due process rights of victims/survivors, witnesses and
defendants;
(ii) Providing appropriate and accessible protective mechanisms to prevent
further or potential violence, without the precondition that victims/survivors
initiate legal action, including through removal of communication barriers for
victims with disabilities. 62 Mechanisms should include immediate risk
assessment and protection comprising a wide range of effective measures and,
where appropriate, the issuance and monitoring of eviction, protection,
restraining or emergency barring orders against alleged perpetrators, including
adequate sanctions for non-compliance. Protective measures should avoid
imposing an undue financial, bureaucratic or personal burden on women who
are victims/survivors. The rights or claims of perpetrators or alleged
perpetrators during and after judicial proceedings, including with respect to
property, privacy, child custody, access, contact and visitation, sh ould be
determined in the light of women’s and children’s human rights to life and
physical, sexual and psychological integrity and guided by the principle of the
best interests of the child; 63
(iii) Ensuring access to financial assistance, gratis or low-cost, high-quality
legal aid, 64 medical, psychosocial and counselling services, 65 education,
affordable housing, land, childcare, training and employment opportunities for
women who are victims/survivors and their family members. Health -care
services should be responsive to trauma and include timely and comprehensive
mental, sexual and reproductive health services, 66 including emergency
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62
63
64
65
66
17-12719
General recommendation No. 28, para. 28. See the “Guiding Principles on Business and Human
Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework ”
(A/HRC/17/31).
For example, protective orders in some countries allow for the banning of travel of people who
are believed to be at risk of female genital mutilation.
Yildirim v. Austria, Goekce v. Austria, González Carreño v. Spain, M.W. v. Denmark and Jallow v.
Bulgaria.
General recommendation No. 33, para. 37, and general recommendation No. 28, para. 34; see
also Kell v. Canada, Vertido v. Philippines, S.V.P. v. Bulgaria and L.R. v. Republic of Moldova,
among others.
General recommendation No. 33, para. 16.
Committee on Economic, Social and Cultural Rights, general comment No. 22.
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