Legalizing the stereotypes: women victims’ access to justice and gender stereotyping in the framework of gender based violence judicial proceedings
Since 2010 the Coalition has attended judicial proceedings of 9 women in RA courts:- 3 cases of femicide, 2 cases of torture, 3 battery and 1 illegal case of separation of the child from the parents. Except the latter that is the gross violation of the right to a fair trial on the grounds of gender discrimination, in all other cases the victims and perpetrators have de facto marital relations at the time of the offense and in one case the perpetrator was her mother-in-law.
The aim of the study is to reveal whether women living in the RA has de jure access to justice in the framework of local legal acts and international human rights instruments ratified by the RA on the one hand. The analyzes of these 9 judiciar cases is aimed to reveal de facto situation for women subjected to domestic violence or gender based violence on the other hand. To reveal whether the RA accomplished its positive and negative obligations to prevent, protect and punish gender based violence three main indicators ( right to fair trial- access to courts and quasi-judicial bodies, effective legal remedies availability and equal and free from gender stereotyping treatment in courtrooms) were used for both factual and legal analyzes. All the findings are mentioned below are limited to the frame of 9 analyzed judicial cases.
Read the summary of the report here.