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
Fundamental to ensure “real” gender equality
CoE activities in this field:
Feasibility study ( )
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. Barriers to women’s equal A2J:
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
My address: