A/HRC/26/38 and punish acts of violence against women and girls, committed by people in positions of authority, such as teachers, religious leaders, political leaders and law enforcement officials. 19. The work of the CSW over the past 20 years is an indicator of an expansive and growing acceptance of the temporal and spatial underpinnings of violence against women; the refinement of the understanding of the issue, its causes and consequences, through a holistic human rights lens; a focus on State responsibility to act with due diligence in the elimination of all forms of violence against women, including addressing its causes and consequences; and ultimately, the acknowledgement that violence against women is a widespread and pervasive human rights issue that requires the attention of all States. 20. Unfortunately, the CSW is increasingly being viewed as a contested forum for political negotiations on women’s human rights, with a growing practice of clawbacks on gains made. The articulation of broad and sweeping statements in the outcome documents of its sessions are seen as attempts to deflect from addressing the reality of widespread and persistent violations of women’s human rights globally. These perceptions have led to questions being raised about the utility of the CSW, which is the premier United Nations policymaking body with regard to normative standards on women’s rights. C. Relevant treaty provisions and interpretative guidelines 21. Numerous human rights treaties, including the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention on the Rights of Persons with Disabilities, refer to the issue of violence against women, in broad terms, and in some instances the girl child. This section will focus on the issue with regard to the Convention on the Elimination of All Forms of Discrimination against Women and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 22. As regards the Convention on the Elimination of All Forms of Discrimination against Women, except for article 6 which calls on States to take all appropriate measures to suppress all forms of traffic in women and exploitation of prostitution of women, there are no specific provisions in the treaty requiring States to respond to and eliminate all forms of violence against women. Article 2 broadly articulates the obligations of States to refrain from engaging in any act or practice of discrimination against women and to eliminate discriminatory legislation and formulate new non-discriminatory laws. CEDAW issues general recommendations as an interpretative tool to address gaps in the treaty. In its general recommendation No. 12 (1989) on violence against women, the Committee, for the first time, recommended that States include in their periodic reports specific information on violence against women. In 1992, the Committee adopted general recommendation No. 19 on violence against women, thereby further addressing a major gap in the Convention. 23. In general recommendation No. 19, the Committee establishes that gender-based violence, which impairs or nullifies the enjoyment by women of human rights and fundamental freedoms under general international law or under human rights conventions, is discrimination within the meaning of article 1 of the Convention and links gender-based violence to the different rights and substantive areas covered by the Convention. In practice, the Committee invokes several substantive provisions in the Convention to address the issue of violence against women, including article 5 on stereotyping and the consequences thereof; article 11 on sexual harassment; article 12 on sexual and reproductive health violations; and article 16 on matters relating to marriage and family 7

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