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

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