CEDAW/C/GC/33
(d) Provide national human rights institutions and ombudsperson offices
with adequate resources and support to conduct research.
D.
Plural justice systems
61. The Committee notes that State laws, regulations, procedures and decisions
can sometimes coexist, within a given State party, with religious, customary,
indigenous or community laws and practices. This results in the existence of plural
justice systems. There are, therefore, multiple sources of law that may be formally
recognized as part of the national legal order or operate wit hout an explicit legal
basis. States parties have obligations under articles 2, 5 (a) and 15 of the
Convention and under other international human rights instruments to ensure that
women’s rights are equally respected and that women are protected against
violations of their human rights by all components of plural justice systems. 21
62. The presence of plural justice systems can, in itself, limit women’s access to
justice by perpetuating and reinforcing discriminatory social norms. In many
contexts, the availability of multiple avenues for gaining access to justice within
plural justice systems notwithstanding, women are unable to effectively exercise a
choice of forum. The Committee has observed that, in some States parties in which
systems of family and/or personal law based on customs, religion or community
norms coexist alongside civil law systems, individual women may not be as familiar
with both systems or at liberty to decide which regime applies to them.
63. The Committee has observed a range of models through which practices
embedded in plural justice systems can be harmonized with the Convention in order
to minimize conflicts of laws and guarantee that women have access to justice. They
include the adoption of legislation that clearly defines the rel ationship between
existing plural justice systems, the creation of State review mechanisms and the
formal recognition and codification of religious, customary, indigenous, community
and other systems. Joint efforts by States parties and non -State actors will be
necessary to examine ways in which plural justice systems can work together to
reinforce protection for women’s rights. 22
64. The Committee recommends that, in cooperation with non-State actors,
States parties:
(a) Take immediate steps, including capacity-building and training
programmes on the Convention and women’s rights, for justice system
personnel, to ensure that religious, customary, indigenous and community
justice systems harmonize their norms, procedures and practices with the
human rights standards enshrined in the Convention and other international
human rights instruments;
(b) Enact legislation to regulate the relationships between the
mechanisms within plural justice systems in order to reduce the potential for
conflict;
(c) Provide safeguards against violations of women’s human rights by
enabling review by State courts or administrative bodies of the activities of all
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21
22
15-13094
See, in particular, general recommendation No. 29.
International Development Law Organization, Accessing Justice: Models, Strategies and Best
Practices on Women’s Empowerment (Rome, 2013).
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