CEDAW/C/GC/33 victims through the prohibition of image capturing and broadcasting in cases where doing so may violate the dignity, emotional condition and security of girls and women; (g) Protect women complainants, witnesses, defendants and prisoners from threats, harassment and other forms of harm before, during and after legal proceedings and provide the budgets, resources, guidelines and monitoring and legislative frameworks necessary to ensure that protective measures function effectively. 7 19. With regard to the provision of remedies, the Committee recommends that States parties: (a) Provide and enforce appropriate and timely remedies for discrimination against women and ensure that women have access to all available judicial and non-judicial remedies; (b) Ensure that remedies are adequate, effective, promptly attributed, holistic and proportional to the gravity of the harm suffered. Remedies should include, as appropriate, restitution (reinstatement), compensation (whether provided in the form of money, goods or services) and rehabilitation (medical and psychological care and other social services). 8 Remedies for civil damages and criminal sanctions should not be mutually exclusive; (c) Take full account of the unremunerated domestic and caregiving activities of women in assessments of damages for the purposes of determining appropriate compensation for harm in all civil, criminal, administrative or other proceedings; (d) Create women-specific funds to ensure that women receive adequate reparation in situations in which the individuals or entities responsible for violating their human rights are unable or unwilling to provide such reparation; (e) In cases of sexual violence in conflict or post-conflict situations, mandate institutional reforms, repeal discriminatory legislation and enact legislation providing for adequate sanctions, in accordance with international human rights standards, and determine reparation measures, in close cooperation with women’s organizations and civil society, to help to overcome the discrimination that preceded the conflict; 9 (f) Ensure that non-judicial remedies, such as public apologies, public memorials and guarantees of non-repetition granted by truth, justice and reconciliation commissions, are not used as substitutes for investigations and prosecutions of perpetrators when human rights violations occur in conflict or post-conflict contexts; reject amnesties for gender-based human rights __________________ 7 8 9 15-13094 International guidance and best practices in the protection of victims and their families from intimidation, retaliation and repeat victimization should be followed. See, for example, article 56 of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence. See paragraph 32 of general recommendation No. 28 which indicates that “such remedies should include different forms of reparation, such as monetary compensation, restitution, rehabilitation, and reinstatement; measures of satisfaction, such as public apologies, public memorials and guarantees of non-repetition; changes in relevant laws and practices; and bringing to justice the perpetrators of violations of human rights of women”. See the Nairobi Declaration on Women’s and Girls’ Right to a Remedy and Reparation. 9/25