CEDAW/C/GC/40
principle of customary international law, as illustrated in general recommendation
No. 35 (2017).
37. The Committee observes that legislation addressing gender-based violence
against women is often lacking, in whole or in part, and, where it does exist, it is often
not fully implemented. Gender-based violence against women in the public and the
private sphere prevents women from taking initial steps toward representation in
decision-making. When exercised against women in decision-making roles, it may
push them out and constitute a chilling effect discouraging other women fr om
reaching for such positions. Legislation to specifically address gender-based violence
against women in political and public life, including against women human rights
defenders, politicians, activists, journalists and voters, is frequently lacking. The
Committee highlights the role of media outlets and social media platforms in
committing, perpetuating and normalizing gender-based violence against women, and
the role of political parties in trivializing such violence, including sexual harassment
and other misogynistic behaviour, within their ranks. It also recognizes that gender based violence against women, including in decision-making, is often exacerbated for
women who are subjected to intersectional discrimination.
38. The Committee stresses that gender-based violence against women, while
discrimination itself, is the result of an unequal and discriminatory system, based on
the structural domination and exclusion of women. While emphasizing the importance
of adopting and implementing robust legislation to address gender-based violence
against women, it also urges States parties to adopt a comprehensive approach and
implement all rights under the Convention, including institutionalizing parity, as the
key safeguard against gender-based violence against women.
39.
The Committee recommends that States parties:
(a) Adopt and enforce comprehensive legislation, including criminal
legislation, and implement awareness-raising and educational measures, to
prevent and eliminate all forms of gender-based violence against women and
girls and provide all necessary services and access to justice for victims;
(b) Prevent, investigate, prosecute and punish all forms of gender-based
violence against women, intimidation and hate speech in decision-making and
against women candidates and office holders and combat the culture of silence
and impunity;
(c) Introduce codes of conduct, with an intersectional perspective, in
parliament, government, regional and local councils and political parties, public
service and private sector companies to eliminate all forms of gender-based
violence against women and hate speech, with independent complaint
mechanisms and confidential counselling and provide corresponding training to
all officials and staff;
(d) Provide effective redress and support services for women who are
victims of gender-based violence in decision-making;
(e) Offer safety, security, cybersecurity and digital defence training for
women in decision-making roles, including supporting peer groups for young
women facing gender-based violence against women caused by power imbalances
in the workplace;
(f) Ensure security at polling stations and during elections and prevent
and punish election-related violence;
(g) Ensure that social media companies have systems, contextualized to
the region and country where they are used, to respond immediately, effectively
and efficiently to user- and artificial intelligence-generated content constituting
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