CEDAW/C/GC/33
effective legal aid and procedures, are in place to enable women to challenge
the legality of their detention; ensure regular reviews of such detention in the
presence of the detainee; and ensure that the conditions of administrative
detention comply with relevant international standards for the protection of the
rights of women deprived of their liberty.
IV. Recommendations for specific mechanisms
A.
Specialized judicial/quasi-judicial systems and international/
regional justice systems
54. Other specialized judicial and quasi-judicial mechanisms, 18 including labour, 19
land claims, electoral and military courts, inspectorates and administrative bodies, 20
also have obligations to comply with international standards of independence,
impartiality and efficiency and the provisions of international human rights law,
including articles 2, 5 (a) and 15 of the Convention.
55. Transitional and post-conflict situations may result in increased challenges for
women seeking to assert their right to access to justice. In its general
recommendation No. 30, the Committee highlighted the specific obligations of
States parties in connection with access to justice for women in such situations.
56.
The Committee recommends that States parties:
(a) Take all appropriate steps to ensure that all specialized judicial and
quasi-judicial mechanisms are available and accessible to women and exercise
their mandates under the same requirements as the regular courts;
(b) Provide for independent monitoring and review of the decisions of
specialized judicial and quasi-judicial mechanisms;
(c) Put in place programmes, policies and strategies to facilitate and
guarantee the equal participation of women at all levels in those specialized
judicial and quasi-judicial mechanisms;
(d) Implement the recommendations on women’s access to justice in
transitional and post-conflict situations that are set out in paragraph 81 of
general recommendation No. 30, taking a comprehensive, inclusive and
participatory approach to transitional justice mechanisms;
(e) Ensure the national implementation of international instruments and
decisions of international and regional justice systems relating to women’s
rights, and establish monitoring mechanisms for the implementation of
international law.
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18
19
20
15-13094
Depending on the country, the fields are covered by general or specialized justice systems.
With regard to women’s access to justice, relevant conventions of the International Labour
Organization conventions include the Labour Inspection Convention, 1947 (No. 81), the
Migration for Employment Convention (Revised), 1949 (No. 97), the Labour Inspec tion
(Agriculture) Convention, 1969 (No. 129), the Indigenous and Tribal Peoples Convention,
1989 (No. 169), and the Domestic Workers Convention, 2011 (No. 189).
See the draft principles governing the administration of justice through military tribunal s
(see E/CN.4/2006/58).
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