DRAFT CEDAW General recommendation on Trafficking in Women and Girls in the Context of Global Migration miscarriages of justice preventing women from claiming their rights and access to effective remedies.221 83. States parties must have an effective and accessible legal services framework in place to address all forms of gender-based violence against women committed by State agents and non-State actors, whether on their territory or extraterritorially, that takes into consideration the diversity of victims and the risks of intersecting forms of discrimination. 222 Women must have access to education and information about their rights and the remedies that are available and how to gain access to them. The remedies must be affordable, accessible and timely, and women must be provided with free legal aid, advice and representation in judicial and quasi-judicial processes in all fields of law. 223 Alleged violations of women’s rights are to be settled in a fair hearing by a competent and independent court or tribunal, where appropriate.224 84. Ensure access to justice for all trafficking victims, including forcibly displaced and migrant women, including those in an irregular situation: a) Raise awareness about their rights under the Convention and its Optional Protocol225, the legal provisions protecting them from trafficking and exploitation and corresponding remedies to complain about violations of those rights; 226 b) Establish accessible legal aid systems and legal information sharing systems for victims;227 c) Ensure that, in administrative and judicial proceedings, including detention and expulsion proceedings, trafficking victims are guaranteed due process before the courts;228 d) Develop comprehensive gender-sensitive policies, strategies and programmes aimed at facilitating trafficking victims’ access to justice, while ensuring fair trial guarantees;229 e) Design, implement and evaluate the impact of capacity-building programmes on women’s rights and gender equality for lawyers, judges, prosecutors and police officers;230 f) Repeal or amend laws that prevent any woman, including non-citizen women, from using the courts and other systems of redress; g) Particularly for non-citizen women, provide effective channels for seeking protection and redress for violations of their rights by creating adequate conditions to bring complaints, in a language that they can understand, against their traffickers without fear of reprisals, arrest, detention or deportation;231 221 General recommendations: No. 33 (2015) (CEDAW/C/GC/33), para. 26; No. 33 (2015) (CEDAW/C/GC/33), para. 7. 222 General recommendation No. 35 (2017) (CEDAW/C/GC/35), paras. 22-23. 223 General recommendation No. 35 (2017) (CEDAW/C/GC/35), para. 36. 224 General recommendations: No. 28 (2010) (CEDAW/C/GC/28), para. 34; No. 33 (2015) (CEDAW/C/GC/33), paras. 11 and 32. 225 para. 72, CEDAW/C/SAU/CO/3-4; para. 11(b) CEDAW/C/NOR/CO/9. 226 para. 35(a), CEDAW/C/MDV/CO/4-5; para. 38(c), CEDAW/C/PHL/CO/7-8; para. 9(b), CEDAW/C/CAN/CO/8-9; para. 44(c), CEDAW/C/ISL/CO/7-8. 227 para. 35(f), CEDAW/C/CAN/CO/8-9; para. 19(d), CEDAW/C/VEN/CO/7-8; para. 44(c), CEDAW/C/ISL/CO/7-8. 228 para. 31(g), CEDAW/C/SAU/CO/3-4. 229 para. 16, CEDAW/C/ARE/CO/2-3. 230 para. 16, CEDAW/C/ARE/CO/2-3. 231 para. 40(c), CEDAW/C/ITA/CO/7; para. 30(g), CEDAW/C/AND/CO/2-3; para. 44, CEDAW/C/JOR/CO/5; para. 26(e), CEDAW/C/QAT/CO/1; para. 34(f),CEDAW/C/NPL/CO/4-5; para. 44(c), CEDAW/C/IDN/CO/6-7; para. 27(d), CEDAW/C/NOR/CO/9; para. 21(b), CEDAW/C/FIN/CO/7; para. 29(c), CEDAW/C/PRT/CO/8-9; para. 32,CEDAW/C/ARE/CO/2-3. 28