A/HRC/26/38
relations. The adoption of the Optional Protocol to the Convention, in 1999, and the
subsequent jurisprudence thereunder further reinforce the Committee’s position that
violence against women equates to discrimination based on sex, which disproportionately
affects women. It is important to note that these developments do not explicitly articulate
violence against women as a human rights violation in and of itself.
24.
Regarding the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, in its general comment No. 2 (2007) on the implementation of
article 2 of the Convention by States parties, the Committee against Torture addresses the
issue of State responsibility to act with due diligence with regard to violence against
women more specifically, where “State authorities or others acting in official capacity or
under colour of law, know or have reasonable ground to believe that acts of torture or illtreatment are being committed by non-State officials or private actors and they fail to
exercise due diligence to prevent, investigate, prosecute and punish such non-State officials
or private actors” (para. 18) in compliance with the Convention. The Committee applies
this principle to States parties’ failure to prevent and to protect victims from gender-based
violence, such as rape, domestic violence, female genital mutilation and trafficking. While
it may be argued that the Convention against Torture can serve as a tool for addressing
violence against women, the Committee has so far only defined rape as torture, without
explicitly addressing other forms of violence against women.
25.
Violence against women in conflict situations is covered in greater depth by other
international treaties, including the Geneva Conventions of 1949 and the Additional
Protocols thereto, which focus on, inter alia, rape, sexual exploitation and forced
pregnancy. The 1998 Rome Statute of the International Criminal Court also covers certain
aspects of violence against women, including rape, sexual slavery, enforced prostitution,
forced pregnancy, enforced sterilization, or any other form of sexual violence of
comparable gravity, which constitute “crimes against humanity” and grave breaches of the
Geneva Conventions. CEDAW recently adopted general recommendation No. 30 (2013),
which provides further guidance on States parties’ obligations with regard to women in
conflict prevention, conflict and post-conflict situations.
D.
Resolutions and declarations
26.
In their resolutions on violence against women, several United Nations bodies call
upon States to exercise due diligence to prevent and investigate acts of violence against
women and girls and to punish the perpetrators.12 States are broadly called upon to develop
civil and criminal measures to address offender accountability; to ensure victim safety; and
to provide redress and justice measures that victims can access effectively.
27.
Between 1994 and 2005, the Commission on Human Rights adopted 12 resolutions
relating to the integration of the rights of women into the human rights mechanisms of the
United Nations, and to the elimination of violence against women.13 Over the years, the
resolutions of the Commission on Human Rights have reflected an unequivocal articulation
of violence against women as a human rights issue: the principle of the continuum of
violence is recognized at both the temporal and spatial levels; practices constituting
violence against women are articulated more expansively; proposed actions to eliminate
violence are more detailed; and the causes and consequences call for a nuanced
understanding of the intersection of violence with other systems of subordination and
12
13
8
See, for example, General Assembly resolutions 64/137 and 65/187, and Human Rights Council
resolution 14/12.
See Commission on Human Rights resolution 1994/45 and subsequent resolutions on women.