CEDAW/C/GC/33
impunity. In all areas of law, stereotyping compromises the impartiality and
integrity of the justice system, which can, in turn, lead to miscarriages of justice,
including the revictimization of complainants.
27. Judges, magistrates and adjudicators are not the only actors in the justice
system who apply, reinforce and perpetuate stereotypes. Prosecutors, law
enforcement officials and other actors often allow stereotypes to influence
investigations and trials, especially in cases of gender -based violence, with
stereotypes undermining the claims of the victim/survivor and simultaneo usly
supporting the defence advanced by the alleged perpetrator. Stereotyping can,
therefore, permeate both the investigation and trial phases and shape the final
judgement.
28. Women should be able to rely on a justice system free of myths and
stereotypes, and on a judiciary whose impartiality is not compromised by those
biased assumptions. Eliminating stereotyping in the justice system is a crucial step
in ensuring equality and justice for victims and survivors.
29.
The Committee recommends that States parties:
(a) Take measures, including awareness-raising and capacity-building
programmes for all justice system personnel and law students, to eliminate
gender stereotyping and incorporate a gender perspective into all aspects of the
justice system;
(b) Include other professionals, in particular health-care providers and
social workers, who potentially play an important role in cases of violence
against women and in family matters, in the awareness-raising and capacitybuilding programmes;
(c)
Ensure that capacity-building programmes address, in particular:
(i) The issue of the credibility and weight given to women’s voices,
arguments and testimony, as parties and witnesses;
(ii) The inflexible standards often developed by judges and prosecutors
for what they consider to be appropriate behaviour for women;
(d) Consider promoting a dialogue on the negative impact of
stereotyping and gender bias in the justice system and the need for improved
justice outcomes for women who are victims and survivors of violence;
(e) Raise awareness of the negative impact of stereotyping and gender
bias and encourage advocacy to address stereotyping and gender bias in justice
systems, especially in gender-based violence cases;
(f) Provide capacity-building programmes for judges, prosecutors,
lawyers and law enforcement officials on the application of international legal
instruments relating to human rights, including the Convention and the
jurisprudence of the Committee, and on the application of legislation
prohibiting discrimination against women.
D.
Education and raising awareness of the impact of stereotypes
30. The provision of education from a gender perspective and raising public
awareness through civil society, the media and the use of ICT are essential to
overcoming the multiple forms of discrimination and stereotyping that have an
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