CEDAW/C/GC/33
B.
Alternative dispute resolution processes
57. Many jurisdictions have adopted mandatory or optional systems for mediation,
conciliation, arbitration and collaborative resolutions of disputes, as well as for
facilitation and interest-based negotiations. This applies, in particular, in the areas
of family law, domestic violence, juvenile justice and labour law. Alternative
dispute resolution processes are sometimes referred to as informal justice, which are
linked to, but function outside of, formal court litigation processes. Informal
alternative dispute resolution processes also include non -formal indigenous courts
and chieftancy-based alternative dispute resolution, where chiefs and other
community leaders resolve interpersonal disputes, including divorce, child custody
and land disputes. While such processes may provide greater flexibility and reduce
costs and delays for women seeking justice, they may also lead to further violations
of their rights and impunity for perpetrators because the y often operate on the basis
of patriarchal values, thereby having a negative impact on women’s access to
judicial review and remedies.
58.
The Committee recommends that States parties:
(a) Inform women of their rights to use mediation, conciliation,
arbitration and collaborative dispute resolution;
(b) Guarantee that alternative dispute settlement procedures do not
restrict access by women to judicial or other remedies in any area of the law
and do not lead to further violations of their rights;
(c) Ensure that cases of violence against women, including domestic
violence, are under no circumstances referred to any alternative dispute
resolution procedure.
C.
National human rights institutions and ombudsperson offices
59. The development of national human rights institutions and ombudsperson
offices may open up further possibilities for women to gain access to justice.
60.
The Committee recommends that States parties:
(a)
Take steps:
(i) To provide adequate resources for the creation and sustainable
operation of independent national human rights institutions, in
accordance with the principles relating to the status of national
institutions for the promotion and protection of human rights (the Paris
Principles);
(ii) To ensure that the composition and activities of those institutions are
gender-sensitive;
(b) Provide national human rights institutions with a broad mandate
and the authority to consider complaints regarding women’s human rights;
(c) Facilitate women’s access to individual petition processes within
ombudsperson offices and national human rights institutions on a basis of
equality and provide the possibility for women to lodge claims involving
multiple and intersecting forms of discrimination; and
22/25
15-13094