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