5.6. DISRUPTIONS TO “NON-ESSENTIAL” SERVICES SUSPENSION OF SOME JUDICIAL AND ADMINISTRATIVE PROCESSES As part of the temporary suspension of public services, justice systems have been disrupted by the coronavirus. Measures taken by OSCE participating States have varied; many have postponed trials and other non-urgent court proceedings or have implemented remote justice where possible (e.g., telephone or video conferencing, the submission of digital applications). Some states have closed all courts, only allowing urgent cases to continue.143 Generally, criminal case processing has been prioritized over civil cases. States have taken differing approaches to the processing of asylum claims. A number of states have effectively suspended asylum hearings during the coronavirus outbreak. Others have allowed some third-party nationals with expired residency permits to remain in the country until the end of the pandemic, and a few have continued to process asylum applications or reintroduced resettlement for refugees.144 Administrative functions, such as citizenship processes and the registration of births, deaths, marriage, and divorce, have been suspended or restricted (to online registration of applications only) as “non-essential” public services in most participating States. States must adhere to their obligations to provide effective remedies for Access human rights violations during states of emergency. The right to equality to justice before the law and the equal protection of the law are core obligations that inform the right to access to justice for women. The right to access to justice requires unhindered access and empowerment to claim one’s rights, the availability and accessibility of justice systems, the adherence of justice systems to international standards, and the provision of remedies that provide meaningful redress for any rights violations. During the COVID-19 pandemic, the CEDAW Committee has called on states to uphold their due diligence obligation and to ensure that women and girls who are survivors of or at risk of gender-based violence can exercise their right to access to justice. The due diligence obligation requires states not only to take measures to prevent human rights abuses, but also to effectively prosecute and punish perpetrators. The obligation underpins CEDAW, and States Parties are responsible for preventing and investigating, prosecuting, punishing and providing reparation for acts of gender-based violence against women. The due diligence obligation 143 FRA, FRA, “Coronavirus Pandemic in the EU – Fundamental Rights Implications”, Bulletin #1”, op. cit., note 82, p. 28. 144 Croatia, France, Greece, Hungary, Italy, North Macedonia and Poland extended residency permits. See: FRA, “COVID-19 Puts Asylum Seekers at a Higher Risk as Conditions in Camps Deteriorate and Asylum Procedures Are Suspended”, 27 May 2020, <https://fra.europa.eu/en/news/2020/ covid-19-puts-asylum-seekers-higher-risk-conditions-camps-deteriorate-and-asylum>. 42