CEDAW/C/GC/28
33.
According to subparagraph (c), States parties must ensure that courts are bound to
apply the principle of equality as embodied in the Convention and to interpret the law, to
the maximum extent possible, in line with the obligations of States parties under the
Convention. However, where it is not possible to do so, courts should draw any
inconsistency between national law, including national religious and customary laws, and
the State party’s obligations under the Convention to the attention of the appropriate
authorities, since domestic laws may never be used as justification for failures by States
parties to carry out their international obligations.
34.
States parties must ensure that women can invoke the principle of equality in support
of complaints of acts of discrimination contrary to the Convention, committed by public
officials or by private actors. States parties must further ensure that women have recourse
to affordable, accessible and timely remedies, with legal aid and assistance as necessary, to
be settled in a fair hearing by a competent and independent court or tribunal, where
appropriate. Where discrimination against women also constitutes an abuse of other human
rights, such as the right to life and physical integrity in, for example, cases of domestic and
other forms of violence, States parties are obliged to initiate criminal proceedings, bring the
perpetrator(s) to trial and impose appropriate penal sanctions. States parties should
financially support independent associations and centres providing legal resources for
women in their work to educate women about their rights to equality and assist them in
pursuing remedies for discrimination.
35.
Subparagraph (d) establishes an obligation of States parties to abstain from engaging
in any act or practice of direct or indirect discrimination against women. States parties must
ensure that State institutions, agents, laws and policies do not directly or explicitly
discriminate against women. They must also ensure that any laws, policies or actions that
have the effect or result of generating discrimination are abolished.
36.
Subparagraph (e) establishes an obligation of States parties to eliminate
discrimination by any public or private actor. The types of measures that might be
considered appropriate in this respect are not limited to constitutional or legislative
measures. States parties should also adopt measures that ensure the practical realization of
the elimination of discrimination against women and women’s equality with men. This
includes measures that: ensure that women are able to make complaints about violations of
their rights under the Convention and have access to effective remedies; enable women to
be actively involved in the formulation and implementation of measures; ensure
Government accountability domestically; promote education and support for the goals of
the Convention throughout the education system and in the community; encourage the work
of human rights and women’s non-governmental organizations; establish the necessary
national human rights institutions or other machineries; and provide adequate
administrative and financial support to ensure that the measures adopted make a real
difference in women’s lives in practice. The obligations incumbent upon States parties that
require them to establish legal protection of the rights of women on an equal basis with
men, ensure through competent national tribunals and other public institutions the effective
protection of women against any act of discrimination and take all appropriate measures to
eliminate discrimination against women by any person, organization or enterprise also
extend to acts of national corporations operating extraterritorially.
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