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 22/24 13-54331

Select target paragraph3