CEDAW/C/GC/35
(a) Ensure effective access for victims to courts and tribunals and that the
authorities adequately respond to all cases of gender -based violence against women,
including by applying criminal law and, as appropriate, ex officio prosecution to
bring alleged perpetrators to trial in a fair, impartial, timely and expeditious manner
and imposing adequate penalties. 74 Fees or court charges should not be imposed on
victims/survivors; 75
(b) Ensure that gender-based violence against women is not mandatorily
referred to alternative dispute resolution procedures, including mediation and
conciliation. 76 The use of those procedures should be strictly regulated and allowed
only when a previous evaluation by a specialized team ensures the free and
informed consent of victims/survivors and that there are no indicators of further
risks to the victims/survivors or their family members. Procedures should empower
the victims/survivors and be provided by professionals spe cially trained to
understand and adequately intervene in cases of gender -based violence against
women, ensuring adequate protection of the rights of women and children and that
interventions are conducted with no stereotyping or revictimization of women.
Alternative dispute resolution procedures should not constitute an obstacle to
women’s access to formal justice.
E.
Reparations
33. The Committee recommends that States parties implement the following
measures with regard to reparations:
(a) Provide effective reparations to victims/survivors of gender -based
violence against women. Reparations should include different measures, such as
monetary compensation, the provision of legal, social and health services, including
sexual, reproductive and mental health services for a complete recovery, and
satisfaction and guarantees of non-repetition, in line with general recommendation
No. 28, general recommendation No. 30 and general recommendation No. 33. Such
reparations should be adequate, promptly attributed, holistic and proportionate to
the gravity of the harm suffered; 77
(b) Establish specific funds for reparations or include allocations in the
budgets of existing funds, including under transitional justice mechanisms, for
reparations to victims of gender-based violence against women. States parties
should implement administrative reparations schemes without prejudice to the rights
of victims/survivors to seek judicial remedies, design transformative reparations
programmes that help to address the underlying discrimination or disadvantaged
position that caused or significantly contributed to the violation, taking into account
the individual, institutional and structural aspects. Priority should be given to the
agency, wishes, decisions, safety, dignity and integrity of victims/survivors.
F.
Coordination, monitoring and data collection
34. The Committee recommends that States parties implement the following
measures with regard to coordination and monitoring and the collection of data
regarding gender-based violence against women:
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74
75
76
77
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See, among others, Vertido v. Philippines, S. V. P. v. Bulgaria and L.R. v. Republic of Moldova.
General recommendation No. 33, para. 17 (a).
As indicated in general recommendation No. 33, para. 58 (c).
See footnote 5 above and general recommendation No. 33, para. 19.
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