CEDAW/C/GC/30
however, never be used as a substitute for investigations into and prosecutions of
perpetrators for human rights violations committed against women and girls.
79. The Committee reiterates that State parties’ obligations also require them to
ensure women’s right to a remedy, which encompasses the right to adequate and
effective reparations for violations of their rights under the Convention. An
assessment of the gender dimension of the harm suffered is essential to ensure that
women are provided with adequate, effective and prompt reparations for violations
suffered during conflict, regardless of whether remedies are ordered by national or
international courts or by administrative reparation programmes. Rather than
re-establishing the situation that existed before the violations of women’s rights,
reparation measures should seek to transform the structural inequalities that led to the
violations of women’s rights, respond to women’s specific needs and prevent their
reoccurrence.
80. In many countries emerging from conflict, existing informal justice
mechanisms represent the only form of justice available for women and can be a
valuable tool in the aftermath of conflict. Given that the processes and decisions of
these mechanisms may discriminate against women, however, it is critical to
carefully consider their role in facilitating access to justice for women, such as
defining the type of violations that they will be addressing and the possibility of
challenging their decisions in the formal justice system.
81.
The Committee recommends that States parties:
(a) Ensure a comprehensive approach to transitional justice mechanisms that
incorporates both judicial and non-judicial mechanisms, including truth
commissions and reparations, which are gender sensitive and promote women’s
rights;
(b) Ensure that substantive aspects of transitional justice mechanisms
guarantee women’s access to justice, by mandating bodies to address all genderbased violations, by rejecting amnesties for gender-based violations and by ensuring
compliance with the recommendations and/or decisions issued by transitional justice
mechanisms;
(c) Ensure that support for reconciliation processes does not result in blanket
amnesties for any human rights violations, especially sexual violence against
women and girls, and that such processes reinforce efforts to combat impunity for
such crimes;
(d) Ensure that all forms of discrimination against women are prohibited
when re-establishing the rule of law during legal reform, establish criminal, civil
and disciplinary sanctions where appropriate and include specific measures aimed at
protecting women against any act of discrimination;
(e) Ensure that women are involved in the design, operation and monitoring
of transitional justice mechanisms at all levels so as to guarantee that their
experience of the conflict is included, their particular needs and priorities are met
and all violations suffered are addressed, and ensure their participation in the design
of all reparations programmes;
(f) Adopt the appropriate mechanisms to facilitate and encourage women’s
full collaboration and involvement in transitional justice mechanisms, including by
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