CEDAW/C/GC/35 businesses and transnational corporations, in efforts to eradicate all forms of gender-based violence against women and in enhancing its responsibility for such violence in the scope of its action, 61 which should entail protocols and procedures addressing all forms of gender-based violence that may occur in the workplace or affect women workers, including effective and accessible internal complaints procedures, the use of which should not exclude recourse to law enforcement authorities, and should also address workplace entitlements for victims/survivors. C. Protection 31. The Committee recommends that States parties implement the following protective measures: (a) Adopt and implement effective measures to protect and assist women complainants of and witnesses to gender-based violence before, during and after legal proceedings, including by: (i) Protecting their privacy and safety, in line with general recommendation No. 33, including through gender-sensitive court procedures and measures, bearing in mind the due process rights of victims/survivors, witnesses and defendants; (ii) Providing appropriate and accessible protective mechanisms to prevent further or potential violence, without the precondition that victims/survivors initiate legal action, including through removal of communication barriers for victims with disabilities. 62 Mechanisms should include immediate risk assessment and protection comprising a wide range of effective measures and, where appropriate, the issuance and monitoring of eviction, protection, restraining or emergency barring orders against alleged perpetrators, including adequate sanctions for non-compliance. Protective measures should avoid imposing an undue financial, bureaucratic or personal burden on women who are victims/survivors. The rights or claims of perpetrators or alleged perpetrators during and after judicial proceedings, including with respect to property, privacy, child custody, access, contact and visitation, sh ould be determined in the light of women’s and children’s human rights to life and physical, sexual and psychological integrity and guided by the principle of the best interests of the child; 63 (iii) Ensuring access to financial assistance, gratis or low-cost, high-quality legal aid, 64 medical, psychosocial and counselling services, 65 education, affordable housing, land, childcare, training and employment opportunities for women who are victims/survivors and their family members. Health -care services should be responsive to trauma and include timely and comprehensive mental, sexual and reproductive health services, 66 including emergency __________________ 61 62 63 64 65 66 17-12719 General recommendation No. 28, para. 28. See the “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework ” (A/HRC/17/31). For example, protective orders in some countries allow for the banning of travel of people who are believed to be at risk of female genital mutilation. Yildirim v. Austria, Goekce v. Austria, González Carreño v. Spain, M.W. v. Denmark and Jallow v. Bulgaria. General recommendation No. 33, para. 37, and general recommendation No. 28, para. 34; see also Kell v. Canada, Vertido v. Philippines, S.V.P. v. Bulgaria and L.R. v. Republic of Moldova, among others. General recommendation No. 33, para. 16. Committee on Economic, Social and Cultural Rights, general comment No. 22. 15/19

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