CEDAW/C/GC/33
choice as to the applicable family law at any stage of the relationship. State
courts should review the decisions taken by all other bodies in that regard.
D.
Criminal law
47. Criminal laws are particularly important in ensuring that women are able to
exercise their human rights, including their right to access to justice, on the basis of
equality. States parties are obliged, under articles 2 and 15 of the Convention, to
ensure that women have access to the protection and remedies offered through
criminal law, and that they are not exposed to discrimination within the context of
those mechanisms, either as victims or as perpetrators of criminal acts. Some
criminal codes or acts and/or criminal procedure codes discriminate against women
by:
(a) Criminalizing forms of behaviour that are not criminalized or punished
as harshly if they are performed by men;
(b) Criminalizing forms of behaviour that can be performed only by women,
such as abortion;
(c) Failing to criminalize or to act with due diligence to prevent and provide
redress for crimes that disproportionately or solely affect women;
(d)
cases.
Jailing women for petty offences and/or inability to pay bail in such
48. The Committee has also highlighted the fact that women suffer from
discrimination in criminal cases owing to a lack of gender -sensitive, non-custodial
alternatives to detention, a failure to meet the specific needs of women in detention
and an absence of gender-sensitive monitoring and independent review
mechanisms. 14 The secondary victimization of women by the criminal justice system
has an impact on their access to justice, owing to their heightened vulnerability to
mental and physical abuse and threats during arrest, questioning and detention.
49. Women are also disproportionately criminalized owing to their situation or
status, such as being involved in prostitution, being a migrant, having been accused
of adultery, identity as a lesbian, bisexual or transgender woman or intersex person,
having undergone an abortion or belonging to other groups that face discrimination.
50. The Committee notes that many countries have critical shortages of trained
police and legal and forensic staff capable of dealing with the requirements of
criminal investigations.
51.
The Committee recommends that States parties:
(a) Exercise due diligence to prevent, investigate, punish and provide
reparation for all crimes committed against women, whether by State or
non-State actors;
(b) Ensure that statutory limitations are in conformity with the interests
of the victims;
__________________
14
18/25
Communication No. 23/2009, Abramova v. Belarus, views adopted on 25 July 2011; see also the
United Nations Rules for the Treatment of Women Prisoners and Non -custodial Measures for
Women Offenders (the Bangkok Rules), adopted by the General Assembly in its resolution
65/229.
15-13094