A/71/398
counterarguments should be taken into account. Prime among them is that the real
challenge in dealing with the issue of violence against women does not lie in legal
inadequacies but rather in implementation. Another argument against a global treaty
on violence against women is that some regions, including the Americas, Africa and
Europe, could rightfully claim that there is no normative gap. In this regard, a
campaign to develop, ratify and implement an additional treaty mechanism would
divert efforts and resources that would be better spent on strengthening the existing
regional systems of protection. Such an objection can be countered, however, by the
fact that Asia and Oceania do not have the benefit of regional protection, yet very
grave manifestations of violence against women occur in the Arab, Asia and
Oceania regions in general. The Special Rapporteur considers that the adequacy of
the legal framework on violence against women is highly nuanced, but that a global
treaty would certainly neither impede nor nullify progress in the elimination of
violence against women and that, were careful formulation and strategy employed,
it could result in gains for the increased protection of women. She also considers
that, if a global treaty on violence against women prescribed clear and legally
binding enforcement mechanisms at both the international and national levels, it
could create some useful harmony to address the fragmentation of policies and
legislation to address gender-based violence.
F.
Working Group on the issue of discrimination against women in
law and in practice
22. The Working Group on the issue of discrimination against women in law and
in practice believes that it is neither necessary nor feasible at the present time to
invest energy and resources in the development of a new stand -alone convention on
violence against women. It would instead be advisable to invest the limited
resources available in measures to strengthen existing mechanisms. The Working
Group notes that the Committee on the Elimination of Discrimination against
Women addresses the issue of violence against women systematically in all its
constructive dialogues with State parties, which are subsequently reflected in its
concluding observations. In addition, general recommendation No. 19 of the
Committee has provided effective international substantive and normative guidance
on the issue. Updating it would present a valuable opportunity to strengthen that
guidance. The Working Group is of the view that transforming the recommendation
into a legally binding protocol could be, at some point and resources p ermitting, a
welcome development.
G.
Conclusion
23. The Special Rapporteur on violence against women, its causes and
consequences believes that the views of and input from the international and
regional mechanisms on the adequacy of the international framework on violence
against women have provided the international community with additional
information and assessments on the basis of experience gained by these mechanisms
in monitoring the implementation of global and regional instruments on violenc e
against women.
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