General Recommendation No.

19 (llth session, 1992)

Voence aganst women
Background
1. Gender-based voence s a form of dscrmnaton that serousy nhbts women's
abty to en|oy rghts and freedoms on a bass of equaty wth men.
2. In 1989, the Commttee recommended that States shoud ncude n ther reports
nformaton on voence and on measures ntroduced to dea wth t (Genera
recommendaton 12, eghth sesson).
3. At ts tenth sesson n 1991, t was decded to aocate part of the eeventh
sesson to a dscusson and study on artce 6 and other artces of the Conventon
reatng to voence towards women and the sexua harassment and expotaton of
women. That sub|ect was chosen n antcpaton of the 1993 Word Conference on
Human Rghts, convened by the Genera Assemby by ts resouton 45/155 of 18
December 1990.
4. The Commttee concuded that not a the reports of States partes adequatey
reected the cose connecton between dscrmnaton aganst women, gender-
based voence, and voatons of human rghts and fundamenta freedoms. The fu
mpementaton of the Conventon requred States to take postve measures to
emnate a forms of voence aganst women.
5. The Commttee suggested to States partes that n revewng ther aws and
poces, and n reportng under the Conventon, they shoud have regard to the
foowng comments of the Commttee concernng gender-based voence.
Genera comments
6. The Conventon n artce 1 denes dscrmnaton aganst women. The denton
of dscrmnaton ncudes gender-based voence, that s, voence that s drected
aganst a woman because she s a woman or that ahects women dsproportonatey.
It ncudes acts that nct physca, menta or sexua harm or suherng, threats of
such acts, coercon and other deprvatons of berty. Gender-based voence may
breach specc provsons of the Conventon, regardess of whether those provsons
expressy menton voence.
7. Gender-based voence, whch mpars or nues the en|oyment by women of
human rghts and fundamenta freedoms under genera nternatona aw or under
human rghts conventons, s dscrmnaton wthn the meanng of artce 1 of the
Conventon. These rghts and freedoms ncude:
(a) The rght to fe;
(b) The rght not to be sub|ect to torture or to crue, nhuman or degradng
treatment or punshment;
(c) The rght to equa protecton accordng to humantaran norms n tme of
nternatona or nterna armed conct;
(d) The rght to berty and securty of person;
(e) The rght to equa protecton under the aw;
(f) The rght to equaty n the famy;
(g) The rght to the hghest standard attanabe of physca and menta heath;
(h) The rght to |ust and favourabe condtons of work.
8. The Conventon appes to voence perpetrated by pubc authortes. Such acts of
voence may breach that State's obgatons under genera nternatona human
rghts aw and under other conventons, n addton to breachng ths Conventon.
9. It s emphaszed, however, that dscrmnaton under the Conventon s not
restrcted to acton by or on behaf of Governments (see artces 2(e), 2(f) and 5).
For exampe, under artce 2(e) the Conventon cas on States partes to take a
approprate measures to emnate dscrmnaton aganst women by any person,
organzaton or enterprse. Under genera nternatona aw and specc human
rghts covenants, States may aso be responsbe for prvate acts f they fa to act
wth due dgence to prevent voatons of rghts or to nvestgate and punsh acts of
voence, and for provdng compensaton.
Comments on specc artces of the Conventon
Artces 2 and 3
10. Artces 2 and 3 estabsh a comprehensve obgaton to emnate dscrmnaton
n a ts forms n addton to the specc obgatons under artces 5-16.
Artces 2(f), 5 and 10(c)
11. Tradtona atttudes by whch women are regarded as subordnate to men or as
havng stereotyped roes perpetuate wdespread practces nvovng voence or
coercon, such as famy voence and abuse, forced marrage, dowry deaths, acd
attacks and femae crcumcson. Such pre|udces and practces may |ustfy gender-
based voence as a form of protecton or contro of women. The ehect of such
voence on the physca and menta ntegrty of women s to deprve them the equa
en|oyment, exercse and knowedge of human rghts and fundamenta freedoms.
Whe ths comment addresses many actua or threatened voence the underyng
consequences of these forms of gender-based voence hep to mantan women n
subordnate roes and contrbute to the ow eve of potca partcpaton and to
ther ower eve of educaton, sks and work opportuntes.
12. These atttudes aso contrbute to the propagaton of pornography and the
depcton and other commerca expotaton of women as sexua ob|ects, rather
than as ndvduas. Ths n turn contrbutes to gender-based voence.
Artce 6
13. States partes are requred by artce 6 to take measures to suppress a forms of
tramc n women and expotaton of the prosttuton of women.
14. Poverty and unempoyment ncrease opportuntes for tramckng n women. In
addton to estabshed forms of tramckng there are new forms of sexua
expotaton, such as sex toursm, the recrutment of domestc abour from
deveopng countres to work n deveoped countres and organzed marrages
between women from deveopng countres and foregn natonas. These practces
are ncompatbe wth the equa en|oyment of rghts by women and wth respect for
ther rghts and dgnty. They put women at speca rsk of voence and abuse.
15. Poverty and unempoyment force many women, ncudng young grs, nto
prosttuton. Prosttutes are especay vunerabe to voence because ther status,
whch may be unawfu, tends to margnaze them. They need the equa protecton
of aws aganst rape and other forms of voence.
16. Wars, armed concts and the occupaton of terrtores often ead to ncreased
prosttuton, tramckng n women and sexua assaut of women, whch requre
specc protectve and puntve measures.
Artce 11
17. Equaty n empoyment can be serousy mpared when women are sub|ected to
gender-specc voence, such as sexua harassment n the workpace.
18. Sexua harassment ncudes such unwecome sexuay determned behavour as
physca contact and advances, sexuay cooured remarks, showng pornography
and sexua demand, whether by words or actons. Such conduct can be humatng
and may consttute a heath and safety probem; t s dscrmnatory when the
woman has reasonabe grounds to beeve that her ob|ecton woud dsadvantage
her n connecton wth her empoyment, ncudng recrutment or promoton, or
when t creates a hoste workng envronment.
Artce 12
19. States partes are requred by artce 12 to take measures to ensure equa
access to heath care. Voence aganst women puts ther heath and ves at rsk.
20. In some States there are tradtona practces perpetuated by cuture and
tradton that are harmfu to the heath of women and chdren. These practces
ncude detary restrctons for pregnant women, preference for mae chdren and
femae crcumcson or genta mutaton.
Artce 14
21. Rura women are at rsk of gender-based voence because tradtona atttudes
regardng the subordnate roe of women that persst n many rura communtes.
Grs from rura communtes are at speca rsk of voence and sexua expotaton
when they eave the rura communty to seek empoyment n towns.
Artce 16 (and artce 5)
22. Compusory sterzaton or aborton adversey ahects women's physca and
menta heath, and nfrnges the rght of women to decde on the number and
spacng of ther chdren.
23. Famy voence s one of the most nsdous forms of voence aganst women. It
s prevaent n a socetes. Wthn famy reatonshps women of a ages are
sub|ected to voence of a knds, ncudng batterng, rape, other forms of sexua
assaut, menta and other forms of voence, whch are perpetuated by tradtona
atttudes. Lack of economc ndependence forces many women to stay n voent
reatonshps. The abrogaton of ther famy responsbtes by men can be a form of
voence, and coercon. These forms of voence put women's heath at rsk and
mpar ther abty to partcpate n famy fe and pubc fe on a bass of equaty.
Specc recommendaton
24. In ght of these comments, the Commttee on the Emnaton of Dscrmnaton
aganst Women recommends that:
(a) States partes shoud take approprate and ehectve measures to overcome a
forms of gender-based voence, whether by pubc or prvate act;
(b) States partes shoud ensure that aws aganst famy voence and abuse, rape,
sexua assaut and other gender-based voence gve adequate protecton to a
women, and respect ther ntegrty and dgnty. Approprate protectve and support
servces shoud be provded for vctms. Gender-senstve tranng of |udca and aw
enforcement omcers and other pubc omcas s essenta for the ehectve
mpementaton of the Conventon;
(c) States partes shoud encourage the compaton of statstcs and research on the
extent, causes and ehects of voence, and on the ehectveness of measures to
prevent and dea wth voence;
(d) Ehectve measures shoud be taken to ensure that the meda respect and
promote respect for women;
(e) States partes n ther reports shoud dentfy the nature and extent of atttudes,
customs and practces that perpetuate voence aganst women and the knds of
voence that resut. They shoud report on the measures that they have undertaken
to overcome voence and the ehect of those measures;
(f) Ehectve measures shoud be taken to overcome these atttudes and practces.
States shoud ntroduce educaton and pubc nformaton programmes to hep
emnate pre|udces that hnder women's equaty (recommendaton No. 3, 1987);
(g) Specc preventve and puntve measures are necessary to overcome tramckng
and sexua expotaton;
(h) States partes n ther reports shoud descrbe the extent of a these probems
and the measures, ncudng pena provsons, preventve and rehabtaton
measures that have been taken to protect women engaged n prosttuton or sub|ect
to tramckng and other forms of sexua expotaton. The ehectveness of these
measures shoud aso be descrbed;
() Ehectve compants procedures and remedes, ncudng compensaton, shoud
be provded;
(|) States partes shoud ncude n ther reports nformaton on sexua harassment,
and on measures to protect women from sexua harassment and other forms of
voence of coercon n the workpace;
(k) States partes shoud estabsh or support servces for vctms of famy voence,
rape, sexua assaut and other forms of gender-based voence, ncudng refuges,
specay traned heath workers, rehabtaton and counseng;
() States partes shoud take measures to overcome such practces and shoud take
account of the Commttee's recommendaton on femae crcumcson
(recommendaton No. 14) n reportng on heath ssues;
(m) States partes shoud ensure that measures are taken to prevent coercon n
regard to fertty and reproducton, and to ensure that women are not forced to
seek unsafe medca procedures such as ega aborton because of ack of
approprate servces n regard to fertty contro;
(n) States partes n ther reports shoud state the extent of these probems and
shoud ndcate the measures that have been taken and ther ehect;
(o) States partes shoud ensure that servces for vctms of voence are accessbe
to rura women and that where necessary speca servces are provded to soated
communtes;
(p) Measures to protect them from voence shoud ncude tranng and empoyment
opportuntes and the montorng of the empoyment condtons of domestc
workers;
(q) States partes shoud report on the rsks to rura women, the extent and nature
of voence and abuse to whch they are sub|ect, ther need for and access to
support and other servces and the ehectveness of measures to overcome voence;
(r) Measures that are necessary to overcome famy voence shoud ncude:
() Crmna penates where necessary and cv remedes n cases of domestc
voence;
() Legsaton to remove the defence of honour n regard to the assaut or murder of
a femae famy member;
() Servces to ensure the safety and securty of vctms of famy voence,
ncudng refuges, counseng and rehabtaton programmes;
(v) Rehabtaton programmes for perpetrators of domestc voence;
(v) Support servces for fames where ncest or sexua abuse has occurred;
(s) States partes shoud report on the extent of domestc voence and sexua
abuse, and on the preventve, puntve and remeda measures that have been
taken;
(t) States partes shoud take a ega and other measures that are necessary to
provde ehectve protecton of women aganst gender-based voence, ncudng,
nter aa:
() Ehectve ega measures, ncudng pena sanctons, cv remedes and
compensatory provsons to protect women aganst a knds of voence, ncudng
nter aa voence and abuse n the famy, sexua assaut and sexua harassment n
the workpace;
() Preventve measures, ncudng pubc nformaton and educaton programmes to
change atttudes concernng the roes and status of men and women;
() Protectve measures, ncudng refuges, counseng, rehabtaton and support
servces for women who are the vctms of voence or who are at rsk of voence;
(u) States partes shoud report on a forms of gender-based voence, and such
reports shoud ncude a avaabe data on the ncdence of each form of voence
and on the ehects of such voence on the women who are vctms;
(v) The reports of States partes shoud ncude nformaton on the ega, preventve
and protectve measures that have been taken to overcome voence aganst
women, and on the ehectveness of such measures.
http://www.un.org/womenwatch/daw/cedaw/recommendatons/recomm.htm#recom
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