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Gender-based violence against women, updating general recommendation No. 19 2017, para. 30a
- Paragraph text
- [The Committee recommends that States parties implement the following preventive measures:] Adopt and implement effective legislative and other appropriate preventive measures to address the underlying causes of gender-based violence against women, including patriarchal attitudes and stereotypes, inequality in the family and the neglect or denial of women’s civil, political, economic, social and cultural rights, and to promote the empowerment, agency and voices of women;
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Violence
- Personnes concernées
- Families
- Women
- Année
- 2017
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 28
- Paragraph text
- The Committee also recommends that States parties take the following measures in the areas of prevention, protection, prosecution and punishment, redress, data collection and monitoring and international cooperation in order to accelerate elimination of gender-based violence against women. All measures should be implemented with an approach centred around the victim/survivor, acknowledging women as right holders and promoting their agency and autonomy, including the evolving capacity of girls, from childhood to adolescence. In addition, the measures should be designed and implemented with the participation of women, taking into account the particular situation of women affected by intersecting forms of discrimination.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Personnes concernées
- Girls
- Women
- Année
- 2017
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 30b (i)
- Paragraph text
- [The Committee recommends that States parties implement the following preventive measures:] Develop and implement effective measures, with the active participation of all relevant stakeholders, such as representatives of women’s organizations and of marginalized groups of women and girls, to address and eradicate the stereotypes, prejudices, customs and practices set out in article 5 of the Convention, which condone or promote gender-based violence against women and underpin the structural inequality of women with men. Such measures should include the following: Integration of content on gender equality into curricula at all levels of education, both public and private, from early childhood onwards and into education programmes with a human rights approach. The content should target stereotyped gender roles and promote the values of gender equality and non-discrimination, including non-violent masculinities, and ensure age-appropriate, evidence-based and scientifically accurate comprehensive sexuality education for girls and boys;
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Gender
- Personnes concernées
- Boys
- Girls
- Men
- Women
- Année
- 2017
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 26c
- Paragraph text
- [Judicial level] According to articles 2 (d) and (f) and 5 (a), all judicial bodies are required to refrain from engaging in any act or practice of discrimination or gender-based violence against women and to strictly apply all criminal law provisions punishing such violence, ensuring that all legal procedures in cases involving allegations of gender-based violence against women are impartial, fair and unaffected by gender stereotypes or the discriminatory interpretation of legal provisions, including international law. The application of preconceived and stereotypical notions of what constitutes gender-based violence against women, what women’s responses to such violence should be and the standard of proof required to substantiate its occurrence can affect women’s rights to equality before the law, a fair trial and effective remedy, as established in articles 2 and 15 of the Convention.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Gender
- Governance & Rule of Law
- Violence
- Personnes concernées
- Women
- Année
- 2017
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 32b
- Paragraph text
- [The Committee recommends that States parties implement the following measures with regard to prosecution and punishment for gender-based violence against women:] Ensure that gender-based violence against women is not mandatorily referred to alternative dispute resolution procedures, including mediation and conciliation. The use of those procedures should be strictly regulated and allowed only when a previous evaluation by a specialized team ensures the free and informed consent of victims/survivors and that there are no indicators of further risks to the victims/survivors or their family members. Procedures should empower the victims/survivors and be provided by professionals specially trained to understand and adequately intervene in cases of gender-based violence against women, ensuring adequate protection of the rights of women and children and that interventions are conducted with no stereotyping or revictimization of women. Alternative dispute resolution procedures should not constitute an obstacle to women’s access to formal justice.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Gender
- Violence
- Personnes concernées
- Children
- Women
- Année
- 2017
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 22
- Paragraph text
- Under the Convention and general international law, a State party is responsible for acts or omissions of its organs and agents that constitute gender-based violence against women, which include the acts or omissions of officials in its executive, legislative and judicial branches. Article 2 (d) of the Convention provides that States parties, and their organs and agents, are to refrain from engaging in any act or practice of direct or indirect discrimination against women and ensure that public authorities and institutions act in conformity with that obligation. Besides ensuring that laws, policies, programmes and procedures do not discriminate against women, in accordance with articles 2 (c) and (g), States parties must have an effective and accessible legal and legal services framework in place to address all forms of gender-based violence against women committed by State agents, whether on their territory or extraterritorially.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Gender
- Governance & Rule of Law
- Violence
- Personnes concernées
- Women
- Année
- 2017
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 21
- Paragraph text
- Gender-based violence against women constitutes discrimination against women under article 1 and therefore engages all obligations under the Convention. Article 2 provides that the overarching obligation of States parties is to pursue by all appropriate means and without delay a policy of eliminating discrimination against women, including gender-based violence against women. That is an obligation of an immediate nature; delays cannot be justified on any grounds, including economic, cultural or religious grounds. In general recommendation No. 19, it is indicated that, with regard to gender-based violence against women, the obligation comprises two aspects of State responsibility for such violence, that which results from the acts or omissions of both the State party or its actors, on the one hand, and non-State actors, on the other.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Personnes concernées
- Women
- Année
- 2017
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 9
- Paragraph text
- The concept of “violence against women”, as defined in general recommendation No. 19 and other international instruments and documents, has places an emphasis on the fact that such violence is gender-based. Accordingly, in the present recommendation, the term “gender-based violence against women” is used as a more precise term that makes explicit the gendered causes and impacts of the violence. The term further strengthens the understanding of the violence as a social rather than an individual problem, requiring comprehensive responses, beyond those to specific events, individual perpetrators and victims/survivors.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Gender
- Violence
- Personnes concernées
- Women
- Année
- 2017
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 30d (i)
- Paragraph text
- [The Committee recommends that States parties implement the following preventive measures:] Adopt and implement effective measures to encourage the media to eliminate discrimination against women, including the harmful and stereotypical portrayal of women or specific groups of women, such as women human rights defenders, from their activities, practices and output, including in advertising, online and in other digital environments. Measures should include the following: Encouraging the creation or strengthening of self-regulatory mechanisms by media organizations, including online or social media organizations, aimed at the elimination of gender stereotypes relating to women and men, or to specific groups of women, and addressing gender-based violence against women that takes place through their services and platforms;
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Violence
- Personnes concernées
- Men
- Women
- Année
- 2017
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 10
- Paragraph text
- The Committee considers that gender-based violence against women is one of the fundamental social, political and economic means by which the subordinate position of women with respect to men and their stereotyped roles are perpetuated. Throughout its work, the Committee has made clear that such violence is a critical obstacle to the achievement of substantive equality between women and men and to the enjoyment by women of their human rights and fundamental freedoms, as enshrined in the Convention.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Gender
- Violence
- Personnes concernées
- Men
- Women
- Année
- 2017
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 19
- Paragraph text
- The Committee regards gender-based violence against women as being rooted in gender-related factors, such as the ideology of men’s entitlement and privilege over women, social norms regarding masculinity, and the need to assert male control or power, enforce gender roles or prevent, discourage or punish what is considered to be unacceptable female behaviour. Those factors also contribute to the explicit or implicit social acceptance of gender-based violence against women, often still considered a private matter, and to the widespread impunity in that regard.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Violence
- Personnes concernées
- Men
- Women
- Année
- 2017
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 26
- Paragraph text
- The general obligations described above encompass all areas of State action, including in the legislative, executive and judicial branches and at the federal, national, subnational, local and decentralized levels, as well as action under governmental authority by privatized governmental services. They require the formulation of legal norms, including at the constitutional level, and the design of public policies, programmes, institutional frameworks and monitoring mechanisms aimed at eliminating all forms of gender-based violence against women, whether perpetrated by State or non-State actors. They also require, in accordance with articles 2 (f) and 5 (a) of the Convention, the adoption and implementation of measures to eradicate prejudices, stereotypes and practices that are the root causes of gender-based violence against women. In general terms, and without prejudice to the specific recommendations provided in the following section, the obligations include the following:
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Gender
- Governance & Rule of Law
- Violence
- Personnes concernées
- Women
- Année
- 2017
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 34e
- Paragraph text
- [The Committee recommends that States parties implement the following measures with regard to coordination and monitoring and the collection of data regarding gender-based violence against women:] Set up a mechanism or body, or mandate an existing mechanism or body, to regularly coordinate, monitor and assess the national, regional and local implementation and effectiveness of the measures, including those recommended in the present recommendation and other relevant regional and international standards and guidelines, to prevent and eliminate all forms of gender-based violence against women;
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Gender
- Governance & Rule of Law
- Personnes concernées
- Women
- Année
- 2017
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 13
- Paragraph text
- The Committee recalls article 23 of the Convention, in which it is indicated that any provisions in national legislation or international treaties other than the Convention that are more conducive to the achievement of equality between women and men will prevail over the obligations in the Convention and, accordingly, the recommendations in the present general recommendation. The Committee notes that States parties’ action to address gender-based violence against women is affected by reservations that they maintain to the Convention. It also notes that, as a human rights treaty body, the Committee may assess the permissibility of reservations formulated by States parties, and reiterates its view that reservations, especially to article 2 or article 16, the compliance with which is particularly crucial in efforts to eliminate gender-based violence against women, are incompatible with the object and purpose of the Convention and thus impermissible under article 28 (2).
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Gender
- Governance & Rule of Law
- Personnes concernées
- Men
- Women
- Année
- 2017
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 30d (iii)
- Paragraph text
- [The Committee recommends that States parties implement the following preventive measures:] Adopt and implement effective measures to encourage the media to eliminate discrimination against women, including the harmful and stereotypical portrayal of women or specific groups of women, such as women human rights defenders, from their activities, practices and output, including in advertising, online and in other digital environments. Measures should include the following: Establishing or strengthening the capacity of national human rights institutions to monitor or consider complaints regarding any media that portray gender-discriminatory images or content that objectify or demean women or promote violent masculinities;
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Violence
- Personnes concernées
- Women
- Année
- 2017
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 32a
- Paragraph text
- [The Committee recommends that States parties implement the following measures with regard to prosecution and punishment for gender-based violence against women:] Ensure effective access for victims to courts and tribunals and that the authorities adequately respond to all cases of gender-based violence against women, including by applying criminal law and, as appropriate, ex officio prosecution to bring alleged perpetrators to trial in a fair, impartial, timely and expeditious manner and imposing adequate penalties. Fees or court charges should not be imposed on victims/survivors;
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Gender
- Violence
- Personnes concernées
- Women
- Année
- 2017
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 23
- Paragraph text
- States parties are responsible for preventing such acts or omissions by their own organs and agents, including through training and the adoption, implementation and monitoring of legal provisions, administrative regulations and codes of conduct, and for investigating, prosecuting and applying appropriate legal or disciplinary sanctions, as well as providing reparation, in all cases of gender-based violence against women, including those constituting international crimes, and in cases of failure, negligence or omission on the part of public authorities. In so doing, the diversity of women and the risks of intersecting forms of discrimination should be taken into consideration.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Personnes concernées
- Women
- Année
- 2017
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 29c (i)
- Paragraph text
- [The Committee recommends that States parties implement the following legislative measures:] Repeal, including in customary, religious and indigenous laws, all legal provisions that are discriminatory against women and thereby enshrine, encourage, facilitate, justify or tolerate any form of gender-based violence. In particular, repeal the following: Provisions that allow, tolerate or condone forms of gender-based violence against women, including child or forced marriage and other harmful practices, provisions allowing medical procedures to be performed on women with disabilities without their informed consent and provisions that criminalize abortion, being lesbian, bisexual or transgender, women in prostitution and adultery, or any other criminal provisions that affect women disproportionally, including those resulting in the discriminatory application of the death penalty to women;
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Harmful Practices
- Personnes concernées
- Children
- LGBTQI+
- Persons with disabilities
- Women
- Année
- 2017
Paragraphe
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 30
- Paragraph text
- In addition, children, especially those who are unaccompanied or live in conflict and humanitarian crisis areas, may be sold or trafficked to serve as combatants in armed conflict. Children are also used as human bombs and human shields. For example, in Iraq, ISIL and other extremist groups traffic boys and young men, including members of the Yazidi minority, into armed conflict, radicalize them to commit terrorist acts, using deception, death threats or the offer of money and women as rewards. In Nigeria, between 2014 and 2016, a total of 90 children (70 girls and 20 boys) were used by Boko Haram in 56 suicide bombings. Children are also compelled to work as porters, cooks, guards and messengers, or are forced to commit crimes, such as looting and physical and sexual violence. In addition, boys and girls in those situations are often sexually abused.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- Boys
- Children
- Girls
- Women
- Année
- 2017
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 2
- Paragraph text
- For more than 25 years, in their practice, States parties have endorsed the Committee’s interpretation. The opinio juris and State practice suggest that the prohibition of gender-based violence against women has evolved into a principle of customary international law. General recommendation No. 19 has been a key catalyst for that process.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Gender
- Personnes concernées
- Women
- Année
- 2017
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 27
- Paragraph text
- Building on general recommendation No. 19 and the Committee’s work since its adoption, the Committee urges States parties to strengthen the implementation of their obligations in relation to gender-based violence against women, whether within their territory or extraterritorially. The Committee reiterates its call upon States parties to ratify the Optional Protocol to the Convention and examine all remaining reservations to the Convention with a view to their withdrawal.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Gender
- Governance & Rule of Law
- Personnes concernées
- Women
- Année
- 2017
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 20
- Paragraph text
- Gender-based violence against women occurs in all spaces and spheres of human interaction, whether public or private, including in the contexts of the family, the community, public spaces, the workplace, leisure, politics, sport, health services and educational settings, and the redefinition of public and private through technology-mediated environments, such as contemporary forms of violence occurring online and in other digital environments. In all those settings, gender-based violence against women can result from acts or omissions of State or non-State actors, acting territorially or extraterritorially, including extraterritorial military actions of States, individually or as members of international or intergovernmental organizations or coalitions, or extraterritorial operations of private corporations.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Gender
- Violence
- Personnes concernées
- Women
- Année
- 2017
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 33a
- Paragraph text
- [The Committee recommends that States parties implement the following measures with regard to reparations:] Provide effective reparations to victims/survivors of gender-based violence against women. Reparations should include different measures, such as monetary compensation, the provision of legal, social and health services, including sexual, reproductive and mental health services for a complete recovery, and satisfaction and guarantees of non-repetition, in line with general recommendation No. 28, general recommendation No. 30 and general recommendation No. 33. Such reparations should be adequate, promptly attributed, holistic and proportionate to the gravity of the harm suffered;
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Violence
- Personnes concernées
- Women
- Année
- 2017
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 34f
- Paragraph text
- [The Committee recommends that States parties implement the following measures with regard to coordination and monitoring and the collection of data regarding gender-based violence against women:] Allocate appropriate human and financial resources at the national, regional and local levels to effectively implement laws and policies for the prevention of all forms of gender-based violence against women, provision of protection and support to victims/survivors, investigation of cases, prosecution of perpetrators and provision of reparations to victims/survivors, including support to women’s organizations.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Gender
- Governance & Rule of Law
- Violence
- Personnes concernées
- Women
- Année
- 2017
Paragraphe
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 79
- Paragraph text
- The Special Rapporteurs recommend to call upon States that have not yet done so to ratify and implement the Convention on the Rights of the Child, its Optional Protocol on the sale of children, child prostitution and child pornography and its Optional Protocol on the involvement of children in armed conflict, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, the Rome statute of the International Criminal Court and the relevant International Labour Organization instruments.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Violence
- Personnes concernées
- Children
- Women
- Année
- 2017
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 16
- Paragraph text
- Gender-based violence against women may amount to torture or cruel, inhuman or degrading treatment in certain circumstances, including in cases of rape, domestic violence or harmful practices. In certain cases, some forms of gender-based violence against women may also constitute international crimes.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Gender
- Violence
- Personnes concernées
- Women
- Année
- 2017
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 29b
- Paragraph text
- [The Committee recommends that States parties implement the following legislative measures:] Ensure that all legal systems, including plural legal systems, protect victims/survivors of gender-based violence against women and ensure that they have access to justice and to an effective remedy, in line with the guidance provided in general recommendation No. 33;
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Women
- Année
- 2017
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 31a (v)
- Paragraph text
- [The Committee recommends that States parties implement the following protective measures:] Adopt and implement effective measures to protect and assist women complainants of and witnesses to gender-based violence before, during and after legal proceedings, including by: Establishing and implementing appropriate multisectoral referral mechanisms to ensure effective access to comprehensive services for survivors of such violence, ensuring the full participation of and cooperation with non-governmental women’s organizations;
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Gender
- Violence
- Personnes concernées
- Women
- Année
- 2017
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 31c
- Paragraph text
- [The Committee recommends that States parties implement the following protective measures:] Address factors that heighten the risk to women of exposure to serious forms of gender-based violence, such as the ready accessibility and availability of firearms, including their export, a high crime rate and pervasive impunity, which may increase in situations of armed conflict or heightened insecurity. Efforts should be undertaken to control the availability and accessibility of acid and other substances used to attack women;
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Health
- Humanitarian
- Violence
- Personnes concernées
- Women
- Année
- 2017
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 29c (iii)
- Paragraph text
- [The Committee recommends that States parties implement the following legislative measures:] Repeal, including in customary, religious and indigenous laws, all legal provisions that are discriminatory against women and thereby enshrine, encourage, facilitate, justify or tolerate any form of gender-based violence. In particular, repeal the following: All laws that prevent or deter women from reporting gender-based violence, such as guardianship laws that deprive women of legal capacity or restrict the ability of women with disabilities to testify in court, the practice of so-called “protective custody”, restrictive immigration laws that discourage women, including migrant domestic workers, from reporting such violence, and laws allowing for dual arrests in cases of domestic violence or for the prosecution of women when the perpetrator is acquitted;
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Gender
- Violence
- Personnes concernées
- Persons on the move
- Persons with disabilities
- Women
- Année
- 2017
Paragraphe