DRAFT CEDAW General recommendation on Trafficking in Women and Girls in the Context of Global Migration 78. The Committee notes the high level of impunity enjoyed by perpetrators of trafficking and draws a link to the gender-related factors underpinning trafficking in women, which, as recognized in general recommendation No. 35 (2017), contribute to the explicit or implicit social acceptance of gender-based violence against women, often still considered a private matter, and to the widespread impunity in that regard.210 79. Criminal laws are particularly important in ensuring that women are able to exercise their human rights, including their right to access justice on the basis of equality. States parties are obliged, under articles 2 and 15 of the Convention, to ensure that women have access to the protection and remedies offered through criminal law, and that they are not exposed to discrimination within the context of those mechanisms, either as victims or as perpetrators of criminal acts. 211 80. Existing justice systems may be more likely to violate women’s rights than to protect them, 212 including by subjecting victims to criminalization, stigmatization, revictimization, harassment and possible retribution. The complexity of proceedings, lack of special court procedures to accommodate victims’ needs, lack of access to high-quality, gender-competent legal advice, including legal aid, as well as the often-noted deficiencies in the quality of justice systems including gender-insensitive judgments or decisions owing to a lack of training, delays and excessive length of proceedings, corruption of State officials and their implication in crime, all prevent female victims of trafficking from gaining access to justice.213 Furthermore, victims of trafficking may be subject to prosecution for acts they were forced to commit as part of their exploitation. 81. The Committee has documented many examples of the negative impact of intersecting forms of discrimination on access to justice, including ineffective remedies, for specific groups of women 214 including for trafficking victims, forcibly displaced, stateless, or migrant women.215 Women belonging to such groups often have a heightened vulnerability to mental, sexual and physical abuse and threats during arrest, questioning and detention.216 Often they do not report violations of their rights to the authorities for fear that they will be humiliated, stigmatized, arrested, deported, tortured or have other forms of violence inflicted upon them, including by law enforcement officials. The Committee has noted that when women from those groups lodge complaints the authorities frequently fail to act with due diligence to investigate, prosecute and punish perpetrators and/or provide remedies.217 Non-citizen women who have been trafficked may be restricted from accessing the national court system.218 82. The availability and accessibility of judicial and quasi-judicial mechanisms and remedies under civil, administrative and labour law should be guaranteed to women on a basis of equality and non-discrimination.219 Eliminating gender stereotyping in the justice system is a crucial step in ensuring equality and justice for victims of trafficking. 220 Stereotyping compromises the impartiality and integrity of the justice system, which can, in turn, lead to 210 General recommendation No. 35 (2017) (CEDAW/C/GC/35), para. 19. General recommendations: No. 28 (2010) (CEDA W/C/GC/28), para. 34; No. 33 (2015) (CEDAW/C/GC/33), para. 47; No. 31 (2014) (CEDAW/C/GC/31-CRC/C/GC/18), para. 85. 212 General recommendation No. 30 (2013) (CEDAW/C/GC/30), para. 74. 213 General recommendation No. 33 (2015) (CEDAW/C/GC/33), para. 13. 214 General recommendation No. 33 (2015) (CEDAW/C/GC/33), paras. 3 and 22. 215 General recommendation No. 33 (2015) (CEDAW/C/GC/33), para. 9. 216 General recommendation No. 33 (2015) (CEDAW/C/GC/33), para. 48. 217 General recommendation No. 33 (2015) (CEDAW/C/GC/33), para. 10. 218 General recommendation No. 26 (2008) (CEDAW/C/2009/WP.1/R), para. 21. 219 General recommendations: No. 37 (2018) (CEDAW/C/GC/37), para. 52; No. 33 (2015) (CEDAW/C/GC/33), para. 43. 220 General recommendation No. 33 (2015) (CEDAW/C/GC/33), para. 28. 211 27