CEDAW/C/GC/32 II. Scope of the general recommendation 4. The scope and purpose of the present general recommendation must be determined in the context of the overall scope and purpose of the Convention, which is to eliminate all forms of discrimination against women in the recognition, enjoyment or exercise of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field, irrespective of their marital status. Within this overall scope, the objective of the present general recommendation is to guide States parties on how to address all aspects of their obligations under the Convention and assume their obligations to respect, protect and fulfil the rights of refugee, asylum-seeking and stateless women to non-discrimination and substantive equality, in times of peace, in situations of international and non-international armed conflict and in situations of occupation. 5. The Convention, as a gender-specific human rights instrument, covers other rights that are not explicitly mentioned therein, but that have an impact on the achievement of equality of women and men. 1 As such, the Convention provides a gender-sensitive interpretation of human rights law and protects women from sexand gender-based discrimination with regard to all the human rights contained in the Universal Declaration of Human Rights and other human rights instruments. 2 Such application of the Convention was elaborated by the Committee in relation to the prohibition of violence against women as a form of discrimination against women in its general recommendation No. 19, in which it enumerated some of those protected rights, including the right to life and the right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment. The present general recommendation specifically addresses the application of the Convention to the right to asylum contained in article 14 of the Universal Declaration of Human Rights, the principle of non-refoulement of refugees and asylum seekers in accordance with existing obligations under international refugee and human rights instruments and the right to nationality contained in article 9 of the Convention and the protection against statelessness. 6. The Committee has, in previous general recommendations, clarified that articles 1, 2 (f) and 5 (a) of the Convention read together indicate that the Convention covers sex- and gender-based discrimination against women. The Committee has explained that application of the Convention to gender-based discrimination falls under the definition of discrimination contained in article 1, which points out that any distinction, exclusion or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women of human rights and fundamental freedoms is discrimination. Discrimination against women based on sex and/or gender is often inextricably linked with and compounded by other factors that affect women, such as race, ethnicity, religion or belief, health, age, class, caste, being lesbian, bisexual or transgender and other status. 3 Discrimination on the basis of sex or gender may affect women belonging to such groups to a different degree or in different ways to men. States parties must __________________ 1 2 3 2/21 General recommendation No. 28 on the core obligations of States parties under article 2 of the Convention, para. 7. General recommendation No. 28, para. 3, and general recommendation No. 25 on article 4, paragraph 1, of the Convention, on temporary special measures, para. 13. General recommendation No. 28, paras. 5 and 18. 14-64766

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