What does access to justice for GBV survivors mean?

promote gender equality remains grossly inadequate.29 The Global Humanitarian Overview 2021 estimates requirements to prevent, mitigate and respond to GBV in 2021 amount to $696 million. However, at the end of July 2021, only 12 per cent ($83 million) had been pledged towards GBVrelated programming and action.30 The United Nations Office for the Coordination of Humanitarian Affairs (OCHA) estimates that the 2022 requirements stand at $596 million, but as of April 2022, only 2.6 per cent had been funded.31

WHAT DOES ACCESS TO JUSTICE FOR GBV SURVIVORS MEAN?

At a minimum, access to justice for GBV survivors means adoption and implementation of a range of measures including enhancing domestic laws to ensure that acts of violence against women are recognized as crimes; ensuring appropriate procedures for investigations and prosecutions; and ensuring access to effective remedies and reparation.32 The obligation to protect women from GBV extends to acts perpetrated not only by States but also non-State actors. International human rights law provides that States should “take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise”,33 and in particular to “exercise due diligence to prevent, investigate, punish and provide reparation for acts of violence [against women] that are perpetrated by non-State actors”.34

However, a legal response alone is inadequate to meet the complex and multi-faceted needs of GBV survivors. Women’s idea of justice may include broader aspirations such as the ability to seek safety through protection orders or a life free of violence through a divorce, equal property rights, access to coordinated and good quality support services such as legal aid, shelter, economic empowerment and financial support, as well as accompaniment and support to navigate complex justice processes. Justice processes should also aim to empower women, guard against secondary victimization and enable women’s meaningful participation to ensure that their short- and long-term justice needs are met.35

Overall, a strategic, comprehensive and long-lasting approach to justice for GBV survivors must be:

• Centred on the needs and rights of survivors.

• Focused on strengthening synergies between justice actors and essential support service mechanisms to provide comprehensive responses to GBV survivors.

• Embedded within broader goals of achieving gender equality and building a culture that accords full respect to women’s inalienable and indivisible human rights.

• Guided by the principle of nondiscrimination on the basis of sex/ gender and often interrelated factors, such as ethnicity/race, poverty, being lesbian, bisexual, transgender or intersex.36

Key entry points for programming on women’s access to justice are presented in the table on the following page.

Box 2: Elements of a holistic approach to ensuring women’s access to justice37

An enabling environment for women’s access to justice

International standards are domesticated and implemented, constitutions and laws reflect international standards, and all discriminatory elements are repealed. Policies and budgets are designed to implement laws and policies.

Customary and informal justice systems are connected with formal justice systems and strengthened to facilitate justice outcomes for GBV survivors.

Collaboration between State actors and civil society organizations is enhanced, including community-based organizations and women’s organizations/ networks to establish an enabling environment. Effective, accountable and gender-responsive justice institutions

CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women) Committee General Recommendation 33 principles are upheld – justiciability, availability, accessibility, good quality, provision of remedies and accountability.

Women’s representation in institutions and decision-making processes is ensured.

Multilevel and multisectoral responses to meet the needs of GBV survivors are facilitated. Empowering women and preventing GBV

Women are aware of their rights and supported in realizing their rights.

Measures are taken to change patriarchal social norms to support women’s empowerment.

Traditional and religious institutions, justice and service delivery actors, and policymakers are sensitized and respect gender equality.