A/RES/65/228
(e) To review and, where appropriate, revise, amend or abolish any laws,
regulations, policies, practices and customs that discriminate against women or have
a discriminatory impact on women, and to ensure that provisions of multiple legal
systems, where they exist, comply with international human rights obligations,
commitments and principles, in particular the principle of non-discrimination.
III. Criminal procedure
15. Member States are urged to review, evaluate and update their criminal
procedures, as appropriate and taking into account all relevant international legal
instruments, in order to ensure that:
(a) The police and other law enforcement agencies have, with judicial
authorization where required by national law, adequate powers to enter premises and
conduct arrests in cases of violence against women and to take immediate measures
to ensure the safety of victims;
(b) The primary responsibility for initiating investigations and prosecutions
lies with the police and prosecution authorities and does not rest with women
subjected to violence, regardless of the level or form of violence;
(c) Women subjected to violence are enabled to testify in criminal
proceedings through adequate measures that facilitate such testimony by protecting
the privacy, identity and dignity of the women; ensure safety during legal
proceedings; and avoid “secondary victimization”. 22 In jurisdictions where the
safety of the victim cannot be guaranteed, refusing to testify should not constitute a
criminal or other offence;
(d) Evidentiary rules are non-discriminatory; all relevant evidence can be
brought before the court; rules and principles of defence do not discriminate against
women; and “honour” or “provocation” cannot be invoked by perpetrators of
violence against women to escape criminal responsibility;
(e) The credibility of a complainant in a sexual violence case is understood
to be the same as that of a complainant in any other criminal proceeding; the
introduction of the complainant’s sexual history in both civil and criminal
proceedings is prohibited when it is unrelated to the case; and no adverse inference
is drawn solely from a delay of any length between the alleged commission of a
sexual offence and the reporting thereof;
(f) People who perpetrate acts of violence against women while voluntarily
under the influence of alcohol, drugs or other substances are not exempted from
criminal responsibility;
(g) Evidence of prior acts of violence, abuse, stalking and exploitation by the
perpetrator is considered during court proceedings, in accordance with the principles
of national criminal law;
(h) Police and courts have the authority to issue and enforce protection and
restraining or barring orders in cases of violence against women, including removal
of the perpetrator from the domicile, prohibiting further contact with the victim and
other affected parties, inside and outside the domicile; to issue and enforce child
support and custody orders; and to impose penalties for breaches of those orders. If
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22
“Secondary victimization” is victimization that occurs not as a direct result of a criminal act but through
the inadequate response of institutions and individuals to the victim.
10