On February 18, at the United Nations in Geneva, the Committee on the Elimination of Discrimination Against Women (CEDAW) convened a public discussion to inform the Committee’s deliberations on Women and Access to Justice.

Again and again speakers from around the world cited an appalling lack of female representation in justice systems, harmful and biased treatment of women across the entire chain of justice, lack of fairness towards women in legal procedures, failure of judges to consider the double and triple jeopardy women face, and the abysmal government action to ensure women’s right to equal justice. The situation is so bad that women across the regions can seldom expect justice even when there is extreme partner violence, physical violence or sexual violence. Women asserting their rights to justice frequently experience retaliation from family members, their communities, members of religious groups, their partners, and even the justice system when for instance, judges deny women child custody, police officers disregard complaints of violence, and in fact coerce women to withdraw their complaints, or when lawyers pressure women to settle out of court.

The International Gay and Lesbian Human Rights Commission (IGLHRC), represented by Grace Poore, joined other non-governmental organizations (NGOs) and government missions in delivering oral statements to the CEDAW Committee. IGLHRC’s statement endorsed by 43 women’s rights, human rights and LBT groups around the world, urged CEDAW to recognize the needs of all women, including LBT people—who, as women, face the same barriers as all other women and, as people, are persecuted because of their sexual orientation or gender identity, therefore experiencing multiple effects of discrimination. Read IGLHRC’s Oral Statement to CEDAW (PDF) on the General Recommendation on Women and Access to Justice.

In addition to the oral statements, over 50 NGOs submitted written papers to the CEDAW Committee. IGLHRC with MADRE, an international women’s human rights organization, submitted a paper exposing barriers that prevented justice for lesbians, bisexual women and transgender (LBT) people. Read the paper by IGLHRC and MADRE on the Relationship Between Homophobia, Transphobia and Women’s Access to Justice (PDF).

Other international NGOs also brought attention to the obstacles to justice for LBT people:

Amnesty International (PDF): “Gender stereotypical attitudes and practices fuel the stigmatization of women and girls for a range of transgressive conduct, including ‘abnormal’ sexuality—such as being lesbian or transgender—or ‘immoral’ activities—such as engaging in commercial sex work or otherwise having sex outside marriage.”

Center for Reproductive Rights (PDF): “Restrictive laws surrounding reproductive healthcare institutionalize discrimination against women and perpetuate gender stereotypes …these laws may also expose women who are members of marginalized groups to multiple forms of discrimination, based on, for example, their race, disability, sexual orientation or gender identity. The negative stereotypes based on the reproductive health needs of women belonging to these groups can also compound the discrimination they face in accessing justice.”

The International Women’s Rights Action Watch (IWRAW) Asia Pacific recognized that women faced obstacles to justice on the basis of sexual orientation and gender identity.

The United Nations High Commission for Refugees listed sexual minorities as a vulnerable group who were unable to seek and achieve redress and experienced serious violation of their rights.

Keynote speakers at the CEDAW discussion on women’s access to justice also included conditions facing LBT people in their keynote remarks.

Wilder Tayler, Secretary-General of the International Commission of Jurists said: “In countries where homosexual sex is criminalized lesbian and trans women don't file reports or go to Court to claim their rights, due to fears of stigma and even violence.”

Sara Hossein, honorary director of Bangladesh Legal Aid and Services Trust noted: “Personal laws are largely gender discriminatory with respect to women’s rights relating to marriage and its dissolution. Indeed they perpetuate discrimination not only on the ground of gender, but also religion and ethnicity, as well as sexuality and disability.”