CEDAW/C/GC/33
(ii) Stigmatization of women who are fighting for their rights by active
participants in the justice system;
(iii) Corroboration rules that discriminate against women as witnesses,
complainants and defendants by requiring them to discharge a higher
burden of proof than men in order to establish an offence or seek a
remedy;
(iv) Procedures that exclude or accord inferior status to the testimony of
women;
(v) Lack of measures to ensure equal conditions between women and
men during the preparation, conduct and aftermath of cases;
(vi) Inadequate case management and evidence collection in cases
brought by women, resulting in systematic failures in the investigation of
cases;
(vii) Obstacles faced in the collection of evidence relating to emerging
violations of women’s rights occurring online and through the use of ICT
and new social media;
(b) Ensure that independent, safe, effective, accessible and childsensitive complaint and reporting mechanisms are available to girls. Such
mechanisms should be established in conformity with international norms,
especially the Convention on the Rights of the Child, and staffed by
appropriately trained officials, working in an effective and gender-sensitive
manner, in accordance with general comment No. 14 of the Committee on the
Rights of the Child, so that the best interests of the girls concerned is taken as a
primary consideration;
(c) Take measures to avoid the marginalization of girls owing to conflicts
and disempowerment within their families and the resulting lack of support for
their rights, and abolish rules and practices that require parental or spousal
authorization for access to services such as education and health, including
sexual and reproductive health, as well as to legal services and justice systems;
(d) Protect women and girls from interpretations of religious texts and
traditional norms that create barriers to their access to justice and result in
discrimination against them.
C.
Stereotyping and gender bias in the justice system and the
importance of capacity-building
26. Stereotyping and gender bias in the justice system have far -reaching
consequences for women’s full enjoyment of their human rights. They impede
women’s access to justice in all areas of law, and may have a particularly negative
impact on women victims and survivors of violence. Stereotyping distorts
perceptions and results in decisions based on preconceived beliefs and myths rather
than relevant facts. Often, judges adopt rigid standards about what they consider to
be appropriate behaviour for women and penalize those who do not conform to
those stereotypes. Stereotyping also affects the credibility given to women’s voices,
arguments and testimony as parties and witnesses. Such stereotyping can cause
judges to misinterpret or misapply laws. This has far-reaching consequences, for
example, in criminal law, where it results in perpetrators not being held legally
accountable for violations of women’s rights, thereby upholding a culture of
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