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General
Recommendation No. 19 - Violence against women
(Eleventh session, 1992)
Background
1. Gender-based violence is a form of discrimination that seriously
inhibits women's ability to enjoy rights and freedoms on a basis
of equality with men.
2. In 1989,
the Committee recommended that States should include in their reports
information on violence and on measures introduced to deal with
it (General recommendation 12, eighth session).
3. At its tenth
session in 1991, it was decided to allocate part of the eleventh
session to a discussion and study on article 6 and other articles
of the Convention relating to violence towards women and the sexual
harassment and exploitation of women. That subject was chosen in
anticipation of the 1993 World Conference on Human Rights, convened
by the General Assembly by its resolution 45/155 of 18 December
1990.
4. The Committee
concluded that not all the reports of States parties adequately
reflected the close connection between discrimination against women,
gender-based violence, and violations of human rights and fundamental
freedoms. The full implementation of the Convention required States
to take positive measures to eliminate all forms of violence against
women.
5. The Committee
suggested to States parties that in reviewing their laws and policies,
and in reporting under the Convention, they should have regard to
the following comments of the Committee concerning gender-based
violence.
General comments
6. The Convention in article 1 defines discrimination against women.
The definition of discrimination includes gender-based violence,
that is, violence that is directed against a woman because she is
a woman or that affects women disproportionately. It includes acts
that inflict physical, mental or sexual harm or suffering, threats
of such acts, coercion and other deprivations of liberty. Gender-based
violence may breach specific provisions of the Convention, regardless
of whether those provisions expressly mention violence.
7. 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. These rights and freedoms
include:
(a) The right
to life;
(b) The right
not to be subject to torture or to cruel, inhuman or degrading
treatment or punishment;
(c) The right
to equal protection according to humanitarian norms in time of
international or internal armed conflict;
(d) The right
to liberty and security of person;
(e) The right
to equal protection under the law;
(f) The right
to equality in the family;
(g) The right
to the highest standard attainable of physical and mental health;
(h) The right
to just and favourable conditions of work.
8. The Convention
applies to violence perpetrated by public authorities. Such acts
of violence may breach that State's obligations under general international
human rights law and under other conventions, in addition to breaching
this Convention.
9. It is emphasized,
however, that discrimination under the Convention is not restricted
to action by or on behalf of Governments (see articles 2 (e), 2
(f) and 5). For example, under article 2 (e) the Convention calls
on States parties to take all appropriate measures to eliminate
discrimination against women by any person, organization or enterprise.
Under general international law and specific human rights covenants,
States may also be responsible for private acts if they fail to
act with due diligence to prevent violations of rights or to investigate
and punish acts of violence, and for providing compensation.
Comments
on specific articles of the Convention
Articles
2 and 3
10. Articles 2 and 3 establish a comprehensive obligation to eliminate
discrimination in all its forms in addition to the specific obligations
under articles 5-16.
Articles
2 (f), 5 and 10 (c)
11. Traditional attitudes by which women are regarded as subordinate
to men or as having stereotyped roles perpetuate widespread practices
involving violence or coercion, such as family violence and abuse,
forced marriage, dowry deaths, acid attacks and female circumcision.
Such prejudices and practices may justify gender-based violence
as a form of protection or control of women. The effect of such
violence on the physical and mental integrity of women is to deprive
them of the equal enjoyment, exercise and knowledge of human rights
and fundamental freedoms. While this comment addresses mainly actual
or threatened violence the underlying consequences of these forms
of gender-based violence help to maintain women in subordinate roles
and contribute to their low level of political participation and
to their lower level of education, skills and work opportunities.
12. These attitudes
also contribute to the propagation of pornography and the depiction
and other commercial exploitation of women as sexual objects, rather
than as individuals. This in turn contributes to gender-based violence.
Article 6
13. States parties are required by article 6 to take measures to
suppress all forms of traffic in women and exploitation of the prostitution
of women.
14. Poverty
and unemployment increase opportunities for trafficking in women.
In addition to established forms of trafficking there are new forms
of sexual exploitation, such as sex tourism, the recruitment of
domestic labour from developing countries to work in developed countries,
and organized marriages between women from developing countries
and foreign nationals. These practices are incompatible with the
equal enjoyment of rights by women and with respect for their rights
and dignity. They put women at special risk of violence and abuse.
15. Poverty
and unemployment force many women, including young girls, into prostitution.
Prostitutes are especially vulnerable to violence because their
status, which may be unlawful, tends to marginalize them. They need
the equal protection of laws against rape and other forms of violence.
16. Wars, armed
conflicts and the occupation of territories often lead to increased
prostitution, trafficking in women and sexual assault of women,
which require specific protective and punitive measures.
Article 11
17. Equality in employment can be seriously impaired when women
are subjected to gender-specific violence, such as sexual harassment
in the workplace.
18. Sexual harassment
includes such unwelcome sexually determined behaviour as physical
contact and advances, sexually coloured remarks, showing pornography
and sexual demands, whether by words or actions. Such conduct can
be humiliating and may constitute a health and safety problem; it
is discriminatory when the woman has reasonable ground to believe
that her objection would disadvantage her in connection with her
employment, including recruitment or promotion, or when it creates
a hostile working environment.
Article 12
19. States parties are required by article 12 to take measures to
ensure equal access to health care. Violence against women puts
their health and lives at risk.
20. In some
States there are traditional practices perpetuated by culture and
tradition that are harmful to the health of women and children.
These practices include dietary restrictions for pregnant women,
preference for male children and female circumcision or genital
mutilation.
Article 14
21. Rural women are at risk of gender-based violence because traditional
attitudes regarding the subordinate role of women that persist in
many rural communities. Girls from rural communities are at special
risk of violence and sexual exploitation when they leave the rural
community to seek employment in towns.
Article 16
(and article 5)
22. Compulsory sterilization or abortion adversely affects women's
physical and mental health, and infringes the right of women to
decide on the number and spacing of their children.
23. Family violence
is one of the most insidious forms of violence against women. It
is prevalent in all societies. Within family relationships women
of all ages are subjected to violence of all kinds, including battering,
rape, other forms of sexual assault, mental and other forms of violence,
which are perpetuated by traditional attitudes. Lack of economic
independence forces many women to stay in violent relationships.
The abrogation of their family responsibilities by men can be a
form of violence, and coercion. These forms of violence put women's
health at risk and impair their ability to participate in family
life and public life on a basis of equality.
Specific
recommendations
24. In light of these comments, the Committee on the Elimination
of Discrimination against Women recommends:
(a) States
parties should take appropriate and effective measures to overcome
all forms of gender-based violence, whether by public or private
act;
(b) States
parties should ensure that laws against family violence and abuse,
rape,sexual
assault and other gender-based violence give adequate protection
to all women, and respect their integrity and dignity. Appropriate
protective and support services should be provided for victims.
Gender-sensitive training of judicial and law enforcement officers
and other public officials is essential for the effective implementation
of the Convention;
(c) States
parties should encourage the compilation of statistics and research
on the extent, causes and effects of violence, and on the effectiveness
of measures to prevent and deal with violence;
(d) Effective
measures should be taken to ensure that the media respect and
promote respect for women;
(e) States
parties in their report should identify the nature and extent
of attitudes, customs and practices that perpetuate violence against
women, and the kinds of violence that result. They should report
the measures that they have undertaken to overcome violence, and
the effect of those measures;
(f) Effective
measures should be taken to overcome these attitudes and practices.
States should introduce education and public information programmes
to help eliminate prejudices which hinder women's equality (recommendation
No. 3, 1987);
(g) Specific
preventive and punitive measures are necessary to overcome trafficking
and sexual exploitation;
(h) States
parties in their reports should describe the extent of all these
problems and the measures, including penal provisions, preventive
and rehabilitation measures, that have been taken to protect women
engaged in prostitution or subject to trafficking and other forms
of sexual exploitation. The effectiveness of these measures should
also be described;
(i) Effective
complaints procedures and remedies, including compensation,
should be provided;
(j) States
parties should include in their reports information on sexual
harassment, and on measures to protect women from sexual harassment
and other forms of violence of coercion in the workplace;
(k) States
parties should establish or support services for victims of family
violence, rape, sex assault and other forms of gender-based violence,
including refuges, specially trained health workers, rehabilitation
and counselling;
(l) States
parties should take measures to overcome such practices and should
take account of the Committee's recommendation on female circumcision
(recommendation No. 14) in reporting on health issues;
(m) States
parties should ensure that measures are taken to prevent coercion
in regard to fertility and reproduction, and to ensure that women
are not forced to seek unsafe medical procedures such as illegal
abortion because of lack of appropriate services in regard to
fertility control;
(n) States
parties in their reports should state the extent of these problems
and should indicate the measures that have been taken and their
effect;
(o) States
parties should ensure that services for victims of violence are
accessible to rural women and that where necessary special services
are provided to isolated communities;
(p) Measures
to protect them from violence should include training and employment
opportunities and the monitoring of the employment conditions
of domestic workers;
(q) States
parties should report on the risks to rural women, the extent
and nature of violence and abuse to which they are subject, their
need for and access to support and other services and the effectiveness
of measures to overcome violence;
(r) Measures
that are necessary to overcome family violence should include:
(i) Criminal
penalties where necessary and civil remedies in case of domestic
violence;
(ii) Legislation
to remove the defence of honour in regard to the assault or
murder of a female family member;
(iii) Services
to ensure the safety and security of victims of family violence,
including refuges, counselling and rehabilitation programmes;
(iv) Rehabilitation
programmes for perpetrators of domestic violence;
(v) Support
services for families where incest or sexual abuse has occurred;
(s) States
parties should report on the extent of domestic violence and sexual
abuse, and on the preventive, punitive and remedial measures that
have been taken;
(t) That States
parties should take all legal and other measures that are necessary
to provide effective protection of women against gender-based
violence, including, inter alia:
(i) Effective
legal measures, including penal sanctions, civil remedies and
compensatory provisions to protect women against all kinds of
violence, including, inter alia, violence and abuse in the family,
sexual assault and sexual harassment in the workplace;
(ii) Preventive
measures, including public information and education programmes
to change attitudes concerning the roles and status of men and
women;
(iii) Protective
measures, including refuges, counselling, rehabilitation and
support services for women who are the victims of violence or
who are at risk of violence;
(u) That States
parties should report on all forms of gender-based violence, and
that such reports should include all available data on the incidence
of each form of violence, and on the effects of such violence
on the women who are victims;
(v) That the
reports of States parties should include information on the legal,
preventive and protective measures that have been taken to overcome
violence against women, and on the effectiveness of such measures.
General recommendation No. 20 - Reservations
to the Convention
(Eleventh session, 1992)
1. The Committee
recalled the decision of the Fourth Meeting of States parties on
reservations to the Convention with regard to article 28.2, which
was welcomed in General recommendation No. 4 of the Committee.
2. The Committee
recommended that, in connection with preparations for the World
Conference on Human Rights in 1993, States parties should:
(a) Raise
the question of the validity and the legal effect of reservations
to the Convention in the context of reservations to other human
rights treaties;
(b) Reconsider
such reservations with a view to strengthening the implementation
of all human rights treaties;
(c) Consider
introducing a procedure on reservations to the Convention comparable
with that of other human rights treaties.
More
details of General Recommendations
1-10, 11-18,
19, 20,
21, 22,
23, 24,
25
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