English - CEDAW Southeast Asia

CEDAW and the Law:
Civil Code, Civil Procedure Code, Criminal Procedure Code, Law on Complaints and
Denunciations and Penal Code), the right to seek redress in cases of discrimination is specifically
provided in Article 37 of the Law on Gender Equality. In practice, however, the extent to which
these general provisions are used to file gender-based discrimination complaints or denunciations
is limited. On this point, it is recommended that legal education and awareness and educational
campaigns be increased, especially targeting low-income earners and those living in rural
or remote and mountainous regions on the guarantee of non-discrimination, their right to seek
redress in cases of violation, and the appropriate institutions to access for redress.
Criminal procedure
There are no separate procedures for handling criminal cases involving women, whether as
accused or victims of crimes. The general procedures for criminal cases in the Criminal
Procedure Code are applicable. Nevertheless, these procedures can accommodate the following
improvements to enable them to be gender-responsive.
Protection
The Criminal Procedure Code provides for the right to request procedure-conducting bodies to
protect denouncers when they are intimidated, harassed or threatened. However, the protective
measures provided are usually limited to deterrent measures put in place by the investigating
bodies where there are grounds to believe that the accused will cause difficulties to the investigation,
prosecution or adjudication; the accused will continue committing offences; or it is necessary
to secure judgment execution such as arrest, custody, temporary detention, ban from travel
outside ones own residence, guarantee, or deposit of money or valuable property as bail. As
a recommendation, protective measures for the victim must include other measures of protection
and be available immediately at any stage of the proceedings, especially in cases of violence.
This may entail prohibiting the accused from approaching the victim or the victims family, being
within the victims vicinity, or contacting the victim directly or indirectly. Also, victim protection programmes
should be established that provide not simply protection to the victim, but other services
that can address the victims needs such as medical treatment, counselling, shelter, or job or
livelihood training depending on the circumstances of the case.
Privacy and confidentiality
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Article 335 of the Criminal Procedure Code states the rights of denouncers including the right to
request the confidentiality of their names, addresses and autographs. It is also provided, in Article
18 of the code, that courts will conduct trial in public except in certain cases. In this light, it is recommended
that, in the code, an article provide that, at all stages of investigation, prosecution and
trial of cases involving GBV, the investigating and prosecuting bodies as well as the courts must
recognize the right to confidentiality and privacy of the denouncer and victim. In addition to the
name, address and autograph being kept confidential, the personal circumstances of the victim
or any other information tending to establish the identity of the victim should not be disclosed to
the public at any time. In cases of GBV, on request when necessary to protect the identity of the
victim or to ensure a fair and impartial proceeding, the trial should be held behind closed doors.
In all cases, it should be mandatory for procedure-handling persons to inform denouncers and
victims of their right to request confidentiality and to explain consequences relating to it.
Executive summary