Remedies
under the Communications Procedure
If the CEDAW
Committee concludes that a violation of the CEDAW Convention
has occurred, it will issue recommendations for action that
the States party should take to remedy the violation.
Remedies
available to individual victims include:
-
Interim
guidelines, instructions and steps to end continuing violations
or prevent repetition of the violation(s) in the future;
-
Restitution
or actions necessary to restore the victim to the conditions
she/they would have been in had the violation not occurred
(.g. release from prison);
-
Settlement,
compensation and/or rehabilitation for the victim;
-
-
Enforcement
of domestic court judgment establishing conditions to enable
the victim(s) to exercise a right (e.g. women's inheritance
rights, visitation rights);
-
Review
of laws, administrative decisions and/or policies which are
disputed in the case.
Remedies
available to an individual victim but with a public interest
component include:
-
The
development of directives, guidelines or policies to prevent
similar violations in the future;
-
The
adoption of measures and remedies to effectively address similar
violations;
-
Action
and measures to ensure the full recognition, enjoyment and
exercise of rights contained in the CEDAW Convention;
-
General
enactment, review or amendment of laws inconsistent with the
provisions of the CEDAW Convention (e.g. the repeal of legislation
or/and a review of relevant legislation to ensure that neither
the law itself not its application is discriminatory);
-
Adoption
of temporary special measures in a particular field (e.g.
quota system in parliament);
-
Recognition
of the justiciability of all the rights enshrined in the CEDAW
Convention;
-
Recognition
of the right(s) alleged to have been violated;
-
Steps
towards the condemnation, sanctioning and regulation of discrimination
by private and public actors.
This
page was last updated on November 1, 2003
“IWRAW
Asia Pacific is an independent, non-profit, NGO in Special consultative
status with the Economic and Social Council of the United Nations.”
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