Remedies under the Inquiry and Communications Procedure

Remedies under 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 (e.g. release from prison);

- Settlement, compensation and/or rehabilitation for the victim;

- Retrial;

- 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.

Remedies under the Inquiry Procedure

When the CEDAW Committee determines that it has sufficient information to form an opinion, it will make findings regarding the situation and issue comments and recommendations.

Remedies available to victim(s) with a public interest component include recommendations regarding:

- The development of directives, guidelines or policies to monitor and address grave and/or systematic violations of women's rights;

- Steps to stop on-going violations and prevent the repetition of similar violations in the future. These may include legal and administrative measures addressing a wide range of issues, including budgetary allocations;

- General enactment, review or amendment of laws inconsistent with the provisions of the CEDAW Convention;

- Inspections of public facilities;

- The creation of a national machinery for women or a human rights commission;

- Adoption of temporary special measures in a particular field;

- The establishment of programmes or centres to assist women (e.g. legal aid);

- Recognition of the justiciability of all the rights enshrined in the CEDAW Convention;

- Steps towards the condemnation and sanctioning of discrimination by private and public actors.