Vulnerable groups, A2J,
jurisprudence and procedure
Carolina Lasén Diaz
Gender Equality Unit, Equality Division
Equality and Human Dignity Directorate
Directorate General of Democracy (DGII)
“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)
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
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
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
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)
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
The way forward:
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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
Any questions??
Gender Equality @ CoE
www.coe.int/equality
www.coe.int/violence
My e-mail address:
[email protected]