Vulnerable groups, A2J, jurisprudence and procedure

1. Vulnerable groups, A2J, jurisprudence and procedure Carolina Lasén Diaz Gender Equality Unit, Equality Division Equality and Human Dignity Directorate Directorate General of Democracy (DGII)

2. “Guaranteeing women’s equal A2J” • One of the five objectives of the CoE Gender Equality Strategy 2014-2017 • Fundamental to ensure “real” gender equality • CoE activities in this field: • Feasibility study (2012-2013) • Hearing (women victims of violence, 2013) • Seminar (gaps in data and research, 2014) • Conference in Bern (15-16 October 2015) • Regional project to improve women’s A2J in 5 countries (ARM, AZE, GEO, MOL, UKR)

3. Gender Equality Unit Barriers to women’s equal A2J: • Multiple+complex (a “jigsaw of obstacles”) • Socio-economic and cultural barriers: • Fear and shame • Lack of knowledge:laws/procedures.. • Economic dependence, care duties • Gendered impact of austerity measures • Legal and procedural barriers: • Lengthy and costly procedures • Discriminatory practices • Judicial stereotypes • Resulting in: lack of trust in the justice system

4. Relevant standards: • European Convention on Human Rights • Articles 3, 6, 8,13 - and 14 • Protocol 12 (non discrimination) • Istanbul Convention (prevent/combat VaW) • Anti-human trafficking Convention • CoE CM Recommendations (1985: legal protection against sex discrimination,1998: gender mainstreaming, 2002: protecting women against violence, 2007: gender equality standards and mechanisms, ...) • CEDAW and GR 33 on women’s A2J

5. Case-law of the ECtHR Sex-based discrimination (Article 14) + violation of: • Art.8 (respect for private and family life) children (of unmarried women); women’ names (marriage); social security benefits for widowers; parental leave (for fathers); dismissal • Art. 3 (inhuman or degrading treatment) domestic violence (ref. to report by SR on VaW); multiple discrimination • Art. 6 (fair trial within a reasonable time) negative gender stereotypes; paternity challenge; part-time work • Art. 13 (effective remedy) Discrimination of husbands for settlement in the UK • Art. 1 of Protocol 1 (protection of property) Discrimination of men (tax, widowers benefits), pensions, child support

6. Case-law of the ECtHR (2) • Not all cases of sex-based discrimination are considered under Article 14 • Most cases brought to the Court for sex-based discrimination: by men • Lack of sex-disaggregated data on both applicants to the Court and judgments issued • Only published research (by former Judge Tulkens): 16% of claims brought by women (reference data: from 1998 to 2006) • New Court Factsheet on sex-based discrimination – coming out soon!  (available: on DV and VaW)

7. Compilation of good practices from our MS to improve women’s A2J • Launched last week at the Bern Conference • Available and accessible information • Free counselling and legal assistance • Specialised centres / courts / prosecutors / police / social workers • Access to legal aid • Training for the judiciary • Support litigation in discrimination cases (maternity-related, sexual harassment..) • Data collection + access to relevant case-law

8. The way forward: • Enforce existing standards (int’l, reg, nat.) • Train judges, prosecutors, police, lawyers... • Provide access to free legal aid • Identify, analyse, report and address judicial stereotyping • Tackle multiple discrimination • Improve sex-disaggregated data on A2J • Collective actions - discrimination cases • Strengthen national equality bodies • Engage and work together with men

9. Any questions?? Gender Equality @ CoE www.coe.int/equalitywww.coe.int/violence My e-mail address: carolina.lasen-diaz@coe.int