Access to Justice – Concept Note for Half Day General Discussion

Abstract

The Committee on the Elimination of Discrimination against Women (the Committee) decided at its forty-eighth session held in February 2011, pursuant to Article 21 of the Convention on the Elimination of All Forms of Discrimination against Women (the Convention), to start elaborating a general recommendation on access to justice. Since its fifth session in 1986, the Committee has, through the adoption of general recommendations, contributed to the clarification and understanding of the substantive content of the Convention‟s articles and the specific nature of discrimination against women. Respect and protection of human rights can only be guaranteed with the availability of domestic effective remedies. Indeed, legal rights are only meaningful if they can be asserted. Access to justice is therefore also an essential component of rule of law and a means for women to actively claim the entire range of rights provided for in the Convention. In practice, elements of discrimination and challenges remain in many instances when women seek justice, both within the laws and within justice systems.