A/74/148 D. Judicial measures 85. Wherever there is reasonable ground to believe that domestic violence has occurred or is likely to occur, States are obliged, ex officio, to conduct a prompt and impartial investigation and, where appropriate, take protective measures, ensure administrative, civil and criminal accountability of perpetrators and ensure that victims receive adequate redress and rehabilitation. 86. States should provide for the right to free legal assistance for victims of domestic violence. Victims who experience particular vulnerability, such as children, older persons in need of care or persons with disabilities, should be effectively empowered and their rights and needs should be respected, including the best interests of the child. 87. States should ensure that, in the determination of custody and visitation rights in relation to children, domestic violence incidents are duly considered and their severity properly weighted. In particular, States should take every reasonable step to ensure that the exercise of any visitation or custody rights does not threaten the physical or mental integrity of victims of domestic violence or their children. E. Full compensation and rehabilitation 88. States should ensure in their legal systems that victims of domestic violence obtain redress and have an enforceable right to fair and adequate compensation, including the means for the fullest possible rehabilitation. In doing so, States should follow the comprehensive and gender-sensitive guidance provided by the Special Rapporteur on violence against women, its causes and consequences on the topic of reparations (A/HRC/14/22) as well as Committee against Torture general comment No. 3 (2012) on implementation of article 14 by States part ies. 89. States should take the legislative or other measures necessary to provide victims with adequate civil remedies, including compensation, against the perpetrator, as well as adequate civil remedies, including compensation, against State authorities that have failed in their duty to take the preventive or protective measures necessary within the scope of their powers. 90. States should ensure that specialized centres and other mechanisms for the support and rehabilitation of victims are available and accessible, in an adequate geographical distribution across their jurisdiction. Those services should include legal advice, psychological counselling, financial support, adequate housing, education or training and assistance in finding employment. Access to those centres and services should not be dependent on attempted or successful pursuit of legal proceedings. 91. Where appropriate and supported by free, genuine and informed consent, criminal, civil and administrative investigations and proceedings relat ing to allegations of domestic violence should be complemented by measures of mediation, reconciliation and restorative justice. Such processes must only be conducted in parallel to, and not in lieu of, criminal, civil and administrative investigations and proceedings relating to allegations of domestic violence. Facilitators of restorative justice and other complementary dispute resolution processes should be trained to recognize the contextual complexity of domestic violence and its different patterns, especially the incidence of structural and pervasive control and asymmetry of power and the risk of revictimization. Facilitators should engage in a continuous process of risk assessment to ensure 22/23 19-11892

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