It is important to argue that women all over the world deserve the right conditions to be free from violence and become accessible to both refuge and legal protections such as the social security benefits, refuges. This is additional human rights and entitlements provided other than emergence accommodation, understanding of the social workers, provide their children with shelter and support workers encountered in the voluntary sector to be used as their advocates (Ayesha 2003). Gender-based violence is a crime that falls into categories such as rape and incest, sexual violence against women, for example detainees and sexual harassment either at work or school a case for girls, acts of sexual violence against refugee or displaced women as well as women trafficking and domestic violence.
Therefore, gender-based violence is the main social mechanism through which perpetual subordination of women is highly committed. This implies that violation of the women’s human rights is evidently related to gender system and to the mainstream of cultural values (Otto & Gronberg 2009). Human rights documents and elements of the legal system that currently support or impede women’s access to justice Social workers are required to understand the different stages of the justice process from the recognition of grievance to a more tangible solution which respects the standards for human rights as illustrated below.
From the above illustration, it is important to note that in order for client people in this case discriminated women to access or claim for justice, actions and capacities are needed. In order to ensure that the grievances of women are recognized and made aware, claim and adjudicated, it is important that the legal protection, awareness, aid and counsel as well as adjudication are promoted. Successful implementation of the needed actions and capacities provides a remedy to the injustices faced by client groups such as the oppressed women.
It is apparent that access to justice is a basic right and a key means to protect other rights. Therefore, access to justice should target to improve the vulnerability of minorities such as discriminated women and children since it is fundamentally linked to the promotion and protection of the human rights (Goodman & Jinks 2003). The Convention on the Elimination of All sorts of Discrimination against Women (CEDAW) is an important human rights convention for women. It is a human rights treaty that receives complaints individual women whose the government has approved CEDAW as well as its optional protocol which introduces the complaints a procedure to enable women make complaints in forming a written document.
The optional Protocol to CEDAW works through two main mechanisms, a communication procedure that enables individual women or groups of them to submit directly their claims of rights violations under CEDAW. On the other hand, an inquiry procedure is used by the CEDAW Committee to launch their investigations into systemic violations. This indicates that activists on women’s rights are utilizing the human rights tools or documents to combat violence against women, and thus the movement to protect human rights is promoted and enriched their approach (Otto & Gronberg 2009).
Criminal justice system, therefore, can be considered to be fair and effective only if the fundamental rights of all people, women and men, children, refugees and displace persons are respected. The documents and policy recommendations issued through the Economic Commission for Latin America and Caribbean (ECLAC) have described the problem of the gender-based violence as a major obstacle that must be addressed in order to enhance the status of women within the countries of those regions and across the globe as well as to achieve development through social equity (Letto-Vanamo 2005).
The impact of the human rights documents current law and specified components of the legal system on discriminated women The Women’s Convention is a human rights document that discusses how the women’s right to be free from all sorts of discrimination can be protected and protected.
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