Justice, Rule of Law and Security Sector Reform

The Justice, Rule of Law, and Security Sector Reform theme focuses on the application of a gender perspective into the post-conflict process of reforming security and justice institutions, with the aim of ensuring transparent, accountable, and effective services.

Huge gaps remain in area of security sector and justice reform although the United Nations and the Women, Peace and Security resolutions have stressed that Justice and SSR must be gender sensitive throughout planning, design, implementation, monitoring, and evaluation phases.

The Women, Peace, and Security resolutions stress the particular need for improved security sector responses to address and prevent SGBV. Member States are urged to undertake comprehensive legal and judicial reform to better protect women from violence (1888, OP6). Reiterating the call for prosecutions to end impunity (1325,OP11), Member States are called upon to investigate and bring perpetrators of sexual violence to justice (1820,OP4; 1888,OP6).

To help strengthen national judicial systems, and identify gaps in national responses to sexual violence, the Security Council requests that a UN team of experts work with national officials to enhance criminal responsibility for crimes of sexual violence (1888,OP8). Vetting armed forces to ensure the exclusion of those associated with past actions of rape and other forms of sexual violence is an essential component of Justice and SSR (1820, OP3; 1888, OP3). Finally, it is critical that access to justice, protection, and redress for survivors of sexual violence is ensured (1820, OP4; 1888,OP6-7).

The resolutions set out specific obligations, in addition to broader guidelines, for transitional justice and justice reform within SSR. Women’s rights must be ensured in the reform and rebuilding of the police and judiciary (1325,OP8), and within peace agreements. To facilitate this, SCR 1820 calls for the inclusion of women and women’s organisations in all UN-assisted reform efforts (OP10). Justice and SSR are crucial components of peacebuilding, and have a direct impact on a country’s ability to achieve sustainable peace. Both gender mainstreaming in policy making, and the participation of women, are integral to successful reform.

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We firmly believe that the rule of law must encompass the whole population &m...

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We firmly believe that the rule of law must encompass the whole population — women and men, boys and girls — if it is to be worthy of its name. Nevertheless, women's perspectives, capacities and needs continue to be overlooked in efforts to establish the rule of law in conflict or post-conflict contexts.

At the strategic level, gender awareness in the rule of law and transitional ...

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At the strategic level, gender awareness in the rule of law and transitional justice is crucial for women's access to justice and for the enjoyment of rights. It has a direct impact on their political and economic empowerment. A systematic follow-up to ensure the inclusion of the women, peace and security agenda in the day to day work of the Council is therefore necessary.

The approach chosen today for the current debate links two fundamental princi...

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The approach chosen today for the current debate links two fundamental principles to which Spain is particularly committed: the first is the fight against impunity for crimes against women in armed conflict, and the second is women's participation in rebuilding the rule of law in post-conflict situations in order to put an end to the structures of inequality and discrimination in the context of which those crimes were committed.

On that count I would like to highlight the initiatives mentioned by the Secr...

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On that count I would like to highlight the initiatives mentioned by the Secretary-General in his report that have promoted the involvement of women in crisis and conflict situations. I would like to highlight specific areas where Spain has participated.

I will conclude by quoting the words of the United Nations High Commissioner ...

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I will conclude by quoting the words of the United Nations High Commissioner for Human Rights, who, on the occasion of an expert-level dialogue on the approach of the United Nations on transitional justice, pointed out that peace processes constitute historic opportunities for broadening the goals of post-conflict justice.

As stated on many occasions, Spain devotes particular efforts to promoting a ...

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As stated on many occasions, Spain devotes particular efforts to promoting a gender perspective in conflict situations and has had a plan of action on women, peace and security since 2007. Within that framework, our country carries out various actions within the scope of its foreign policy, cooperation and defence activities in order to guarantee the correct implementation of resolution 1325 (2000).

Women's legal status and rights must be ensured in post-conflict situations. ...

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Women's legal status and rights must be ensured in post-conflict situations. Strengthening the legal framework to address issues of discrimination against women with respect to land ownership, access to economic opportunity and employment, education and health care is an essential component of gender- responsive peacebuilding architecture.

We recognize the importance of women having unfettered access to justice in c...

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We recognize the importance of women having unfettered access to justice in conflict and post- conflict settings, including through gender-responsive legal, judicial and security-sector reform and other mechanisms. Access to justice for women in conflict and post-conflict settings through conscious policies of inclusion is essential to building fair, equitable and just societies.

My delegation appreciates the commendable work undertaken by the Team of Expe...

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My delegation appreciates the commendable work undertaken by the Team of Experts on the Rule of Law and Sexual Violence in Conflict.

Justice for victims of serious violations of international law is an essentia...

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Justice for victims of serious violations of international law is an essential requirement for sustainable peace, security and the development for States emerging from armed conflict, where the rule of law must enjoy primacy and be unscrupulously upheld.

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