Gender-Based Violence in International Human Rights Law – The Efficacy of the United Nations Human Rights Legal Framework and CEDAW in Addressing the Issue
DOI:
https://doi.org/10.17561/tahrj.v23.8662Keywords:
CEDAW and violence against women;, gender-based violence, international human rights law, treaty on gender-based violence, femicideAbstract
Despite the numerous advances that have been made in gender-based violence and femicide (GBVF) or violence against women and girls (VAWG) at the national and international levels, GBVF continues at pandemic levels throughout the world. One of the main reasons for the high rates of GBVF is that there is currently no global legally binding treaty that comprehensively addresses VAW. The purpose of this paper is to consequently examine whether and how VAWG is being acknowledged and regulated within the international human rights law, and more specifically within CEDAW. It calls for an internationally binding treaty to effectively address VAWG.
References
ALKUWARI, B. (2022). Human rights of women: intersectionality and the CEDAW. International Review of Law, 11(2): 223-237.
AMNESTY INTERNATIONAL. (2004). Reservations to the Convention on the Elimination of All Forms of Discrimination against Women Weakening the protection of women from violence in the Middle East and North Africa region. Available from: https://www.amnesty.org/en/wp-content/uploads/2021/09/ior510092004en.pdf. [12 November 2023].
ASUAGBOR, L. (2016). Status of implementation of the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa. New York: African Commission on Human and Peoples’ Rights.
ATREY, S. (2018). Women’s human rights: from progress to transformation, an intersectional response to Martha Nussbaum. Human Rights Quarterly, 40(4): 859-904.
CHARLESWORTH, H. & Chinkin, C. (2000). The boundaries of international law, a feminist analysis. Manchester, UK: Manchester University Press.
CHINKIN, C. (2017). CEDAW General Recommendation 35 on violence against women is a significant step forward. Available from: https://blogs.lse.ac.uk/wps/2017/09/06/cedaw-general-recommendation-35-on-violence-against-women-is-a-significant-step-forward/. [18 January 2024].
CHINKIN, C. (2020). The CEDAW Committee: global leader in tackling violence against women and girls. London: LSE Centre for Women Peace and Security.
CLINTON, H.R. (1995). Remarks to the U.N. 4th World Conference on Women Plenary Session: delivered 5 September 1995, Beijing, China. Available from: https://www.americanrhetoric.com/speeches/hillaryclintonbeijingspeech.htm [12 November 2023].
DEANE, T. (2023a). A proposed national strategy for suicide prevention in South Africa. Australasian Review of African Studies Journal, June: 44(1): 1-37.
DEANE, T. (2023b). Secondary school education as a strategy to combat child marriage. African Journal of Gender, Society and Development, 12(1): 87-106.
EDWARDS, A. (2006). The “feminizing” of torture under International Human Rights Law. Leiden Journal of International Law, 19: 349-391.
EDWARDS, A. (2013). Violence against women under International Human Rights Law. Cambridge: Cambridge University Press.
HARMES, R.A. & Russell, D.E.H. (2001). Femicide in global perspective. New York: Teachers College.
HEISE, L., Ellsberg, M., & Gottemoeller, M. (1999). Ending violence against women. Population Reports, 27(4): 1-44.
KELLER, H. & Grover, L. (2012). General Comments of the Human Rights Committee and their legitimacy. In H. Keller & G. Ulfstein (eds.). UN Human Rights Treaty Bodies. Cambridge University Press, pp. 116-198.
MANJOO, R. (2011). Statement to the General Assembly, Oct. 10, 2011. Available from: http://www.un.org/womenwatch/daw/documents/ga66/RAPPORT_on_VAW.PDF. [16 January 2024].
MANJOO, R. (2014). United Nations Special Rapporteur on VAW, its causes and consequences. A/HRC/26/38. Available from: https://www.ohchr.org/sites/default/files/HRBodies/HRC/RegularSessions/Session26/Documents/A_HRC_26_38_AEV.doc. [2 January 2024].
MCQUIGG, R.J.A. (2018). Is it time for a UN Treaty on Violence against Women? The International Journal of Human Rights, 22(3): 305-324.
MEYERSFELD, B.C. (2012). Introductory note to the council of Europe convention on prevention and combating violence against women and domestic violence. International Legal Materials, 51(1): 106-132.
NADJI, D. (2015). Bridging the divide: An interview with Professor Rashida Manjoo, UN Special Rapporteur on Violence Against Women. Feminist Legal Studies, 23: 329–347.
NOUSIAINEN, K. (2017). CEDAW Committee general recommendation on violence against women updated. Available from: https://ohrh.law.ox.ac.uk/cedaw-committee-general-recommendation-on-violence-against-women-updated. [15 January 2024].
PRIDDY, A. (2014). Academy-in-brief no. 4: the situation of women’s rights 20 years after the Vienna world conference on human rights. Geneva: Geneva Academy of International Humanitarian Law and Human Rights.
RICO, N. (1997). Gender-based violence: a human rights issue. Santiago, Chile: Women and Development Unit, ECLAC.
RUBENSTEIN, R. (2018). Time for a change: the need for a binding international treaty on violence against women. Minneapolis: Global Rights for Women.
RUSSELL, D.E.H. (2021). My years campaigning for the term femicide. Dignity: A Journal of Analysis or Exploitation and Violence, 6(5): Article 6.
SIMON-BUTLER, A. & McSherry, B. (2019). Defining sexual and gender-based violence in the refugee context. Available from: https://www.birmingham.ac.uk/Documents/college-social-sciences/social-policy/iris/2019/iris-working-papers-28-2019.pdf. [2 December 2023].
SMITH, R.K.M. (2014). Textbook on international human rights. 6th ed. Oxford: Oxford University Press.
SVEAASS, N. & Gaer, F. (2022). The Committee Against Torture tackles violence against women: A conceptual and political journey. TORTURE, 32(1-2): 177-192.
TAVARES, P., & Wodon, Q. (2017). Global and regional trends in women’s legal protection against domestic violence and sexual harassment. Ending violence against women notes series. Washington, DC: The World Bank.
TCHOUKOU, J.A. (2023). The silences of international human rights law: The need for a UN Treaty on violence against women. Human Rights Law Review, 23(3).
UN. (2015). Functions and powers of the General Assembly. Available from: http://www.un.org/en/ga/about/background.shtml. [13 November 2023].
UN. (2016). Speakers urge stronger actions to prevent femicide, end to gender-based violence, as third committee considers women’s advancement. Available from: https://press.un.org/en/2016/gashc4166.doc.htm. [11 November 2023].
UN. (2019). Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment, Relevance of the prohibition of torture and other cruel, inhuman, or degrading treatment or punishment to the context of domestic violence, (12 July 2019), U.N. Doc. A/74/148.
UN CEDAW Committee. (1997). Reservations to the Convention on the Elimination of All Forms of Discrimination Against Women, Report by the Secretariat, UN Doc. CEDAW/C/1997/4, 12 November 1996.
UN CEDAW Committee. (2005). Report on Mexico produced by the Committee on the Elimination of Discrimination against Women under article 8 of the Optional Protocol to the Convention and reply from the Government of Mexico, CEDAW/C/2005/OP8/Mexico, 27 January 2005.
UN CEDAW Committee. (2009). General recommendations made by the Committee on the Elimination of Discrimination against Women. Available from: https://www.un.org/womenwatch/daw/cedaw/recommendations/recomm.htm. [5 January 2024].
UN CEDAW Committee. (2010c). Views of the Committee on the Elimination of Discrimination against Women under article 7, paragraph 3, of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (forty-sixth session) 22 September 2010 CEDAW/C/46/D/18/2008.
UN CEDAW Committee. (2011). Views of the Committee on the Elimination of Discrimination against Women under the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (fifty-seventh session) 23 May 2011 Communication No. 34/2011.
UN CEDAW Committee. (2014a). Decision of the Committee on the Elimination of Discrimination against Women under the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (fifty-eighth session), Communication No. 47/2012 González Carreño v. Spain.
UN CEDAW Committee. (2015a). Report of the inquiry concerning Canada of the Committee on the Elimination of Discrimination against Women under article 8 of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, CEDAW/C/OP.8/CAN/1, 30 March 2015.
UN CEDAW Committee. (2015b). Summary of the inquiry concerning the Philippines under article 8 of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, CEDAW/C/OP.8/PHL/1, 22 April 2015.
UN CEDAW Committee. (2018a). Report of the inquiry concerning the United Kingdom of Great Britain and Northern Ireland under article 8 of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, CEDAW/C/OP.8/GBR/1, 6 March 2018.
UN CEDAW Committee. (2018b). Report of the inquiry concerning Kyrgyzstan under article 8 of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women CEDAW /C/OP.8/KGZ/1, 21 September 2018.
UN Committee Against Torture. (2001b). Concluding Observations: Zambia UN Doc A/57/44. Available from: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=A%2F57%2F44%28SUPP%29&Lang=en. [30 January 2024].
UN General Assembly. (2006). Resolution adopted by the General Assembly [without reference to a Main Committee (A/60/L.48)]. Available from: https://www2.ohchr.org/english/bodies/hrcouncil/docs/a.res.60.251_en.pdf. [4 December 2023].
UN General Assembly. (2017). Adequacy of the international legal framework on violence against women’, 19 July 2017, U.N. Doc A/72/134.
UN High Commissioner for Refugees (UNHCR). (2024) (updated). UNHCR Inter-American Court of Human Rights (IACrtHR). Available from: https://www.refworld.org/publisher/IACRTHR.html. [2 January 2024].
UN Human Rights Council. (1994). Special Rapporteur on violence against women and girls, its causes and consequences, 4 March 1994, Resolution 1994/45.
UN Human Rights Special Procedures. (2022). Special Rapporteur on violence against women and girls, its causes and consequences. Available from: https://www.ohchr.org/en/special-procedures/sr-violence-against-women. [16 December 2023].
UN Office of the High Commissioner for Human Rights. (2012). Fact sheet no. 30/Rev 1: the United Nations human rights treaty system treaties. New York and Geneva: United Nations.
UN Office of the High Commissioner for Human Rights. (2016). The response of the CEDAW Committee is available from: http://www.ohchr.org/Documents/Issues/Women/SR/Framework/CEDAW.pdf. [29 January 2024].
UN Office of the High Commissioner for Human Rights. (2018). Spain sets milestone in international human rights law, say UN women’s rights experts. Available from: https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23849&LangID=E. [5 January 2024].
UN Office of the High Commissioner for Human Rights. (2024a). Gender-based violence against women and girls OHCHR and women’s human rights and gender equality. Available from: https://www.ohchr.org/en/women/gender-based-violence-against-women-and-girls#:~:text=The%20Declaration%20on%20the%20Elimination,or%20arbitrary%20deprivation%20of%20liberty%2C. [6 January 2024].
UN Office of the High Commissioner for Human Rights. (2024b). Special Rapporteur on violence against women and girls. Available from: https://www.ohchr.org/en/special-procedures/sr-violence-against-women. [28 January 2024].
UN Office on Drugs and Crime (UNODC). (2018). Global study on homicide. gender-related killing of women and girls, executive summary, 2018. Available from: https://www.unodc.org/documents/data-and-analysis/GSH2018/GSH18_Gender-related_killing_of_women_and_girls.pdf. [4 January 2024].
UN Women. (2007) (updated). Work of the General Assembly on violence against women. Available from: https://www.un.org/womenwatch/daw/vaw/reports.htm#:~:text=In%201993%2C%20the%20General%20Assembly,%2C%20of%2019%20December%201993).&text=In%201999%2C%20the%20General%20Assembly,Elimination%20of%20Violence%20against%20Women. [ 5 November 2023].
UN Women. (2012) (updated). Work of the Human Rights Council (2006-present) and the Commission on Human Rights (until 2006). Available from: http://www.un.org/womenwatch/daw/vaw/v-hrc.htm. [3 January 2024].
UN Women. (2020). Commission on the Status of Women. Available from: https://www.unwomen.org/en/csw. [16 January 2024].
UN Women. (2020b) (updated). Global norms and standards: Ending violence against women. Available from: https://www.unwomen.org/en/what-we-do/ending-violence-against-women/global-norms-and-standards#:~:text=The%20resolutions%2C%20first%20adopted%20in,elimination%20of%20female%20genital%20mutilations. [23 November 2023].
UN Women. (2022) (updated). Work of the General Assembly on violence against women. Available from: http://www.un.org/womenwatch/daw/vaw/v-work-ga.htm. [3 January 2024].
UN Women. (2023). Facts and figures: ending violence against women. Available from: https://www.unwomen.org/en/what-we-do/ending-violence-against-women/facts-and-figures#_edn8. [14 January 2024].
VETTEN, L. (2000). Gender, race and power dynamics in the face of social change: Deconstructing violence against women in South Africa. In: J.J. Park., J. Fedler & Z. Dangor (eds.). Reclaiming women’s spaces: new perspectives on violence against women and sheltering in South Africa. Johannesburg, South Africa: Nisaa Institute for Women’s Development, pp.47–80.
WILSON, P. (2018). Thematic briefing: Protecting women from violence through the UN Convention Against Torture. Available from: https://www.omct.org/site-resources/legacy/concept_note__thematic_briefing_vaw.pdf. [29 January 2024].
World Health Organization. (2023). Newsroom factsheets: violence against women. Available from: www.who.int/news-room/fact-sheets/detail/violence-against-women. [12 Jan 2024]
Case Law
Ángela González Carreño v Spain (2012) CEDAW/C/58/D/47/2012.
González et al. (“Cotton Field”) v. Mexico, (Inter-American Court of Human Rights (IACrtHR), 16 November 2009.
López Soto v. Venezuela (Inter-American Court of Human Rights (IACrtHR), 14 May 2019.
Opuz v Turkey (2009) Application No 33401/02, Merits and Just Satisfaction, 9 June 2009.
Osman v. UK (1998) App No 23452/94, 28 October 1998.
Talpis v. Italy (2017) Application No. 41237/14, 21 March 2017.
Velásquez Rodríguez v. Honduras, (case 7920, Inter-Am. C.H.R. 35, OEA/ser.L./V./III.19), 19 November 2015.
International and Regional Instruments
African Union. (2003). Protocol to the African Charter on Human and People's Rights on the Rights of Women in Africa, 11 July 2003.
Committee on the Elimination of Racial Discrimination. (2000). General Recommendation 25, Gender Related Dimensions of Racial Discrimination (Fifty-sixth session, 2000), U.N. Doc. A/55/18, annex V at 152.
Council of Europe. (2011). Council of Europe Convention on preventing and combating violence against women and domestic violence. Available from: https://rm.coe.int/168008482e. [14 December 2023]. (Istanbul Convention)
Council of Europe. (2012). Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence and explanatory report, Istanbul (Turkey). CETS, 210 (2011). Available from: https://rm.coe.int/168008482e. [9 December 2023].
Human Rights Council. (2008). Elimination of violence against women, Resolution 7/24 (2008).
Human Rights Council. (2009). Accelerating efforts to eliminate all forms of violence against women, Resolution 11/2 (2009).
Human Rights Council. (2010). Accelerating efforts to eliminate all forms of violence against women: ensuring due diligence in prevention, Resolution 14/12 (2010).
International Covenant on Civil and Political Rights. (1966). G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976. (ICCPR).
Organization of American States (OAS). (1994). Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women ("Convention of Belem do Para"), 9 June 1994. (Convention of Belem do Para).
Organization of American States (OAS). (2004). Statute of the Mechanism to Follow up on Implementation of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence Against Women, “Convention of Belém do Pará (MESECVI). Washington, D.C., October 26, 2004. (MESECVI).
Organization of American States & Council of Europe. (2014). Regional tools to fight violence against women: the Belém do Pará and Istanbul Conventions. Available from: http://www.oas.org/en/mesecvi/docs/MESECVI-CoE-CSWPub-EN.pdf. [15 December 2023].
UN. (1945). Charter of the United Nations, 24 October 1945, 1 UNTS XVI.
UN. (1995). Beijing Declaration and Platform for Action, adopted at the Fourth World Conference on Women, 27 October 1995. (Beijing Declaration).
UN CEDAW Committee. (1989). CEDAW General Recommendation No. 12: Violence against women, 1989.
UN CEDAW Committee. (1993). General Recommendation 19, Violence against Women (Eleventh session, 1992), U.N. Doc. A/47/38. (GR 19).
UN CEDAW Committee. (2008). General recommendation No. 26 on women migrant workers, 5 December 2008, CEDAW/C/2009/WP.1/R.
UN CEDAW Committee. (2010a). General recommendation No. 27 on older women and protection of their human rights, 16 December 2010, CEDAW/C/GC/27.
UN CEDAW Committee. (2010b). General Recommendation No. 28 on the Core Obligations of States Parties under Article 2 of the Convention on the Elimination of All Forms of Discrimination against Women, 16 December 2010, CEDAW/C/GC/28. (GR 28).
UN CEDAW Committee. (2013). General recommendation No. 30 on women in conflict prevention, conflict and post-conflict situations, 1 November 2013, CEDAW/C/GC/30.
UN CEDAW Committee. (2014b). General recommendation No. 32 on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, 5 November 2014, CEDAW/C/GC/32.
UN CEDAW Committee. (2014c). Joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child on harmful practices, 14 November 2014, CEDAW/C/GC/31-CRC/C/GC/18.
UN CEDAW Committee. (2015c). General recommendation No. 33 on women’s access to justice, 23 July 2015, CEDAW/C/GC/33.
UN CEDAW Committee. (2016). General Recommendation No. 34 (2016) on the rights of rural women. CEDAW/C/ GC/34.
UN CEDAW Committee. (2017). General Recommendation No. 35 on Gender-Based Violence against Women, Updating General Recommendation No. 19, 26 July 2017, CEDAW/C/GC/35. (GR 35).
UN Committee Against Torture. (2001a). Concluding Observations: Greece UN Doc A/56/44. Available from: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=A%2F56%2F44&Lang=en. [30 January 2024].
UN Committee Against Torture (CAT). (2008). General Comment No. 2: Implementation of Article 2 by States Parties, 24 January 2008, CAT/C/GC/2.
UN Dag Hammarskjöld Library. (2024a). UN Human Rights Documentation. Available from: https://research.un.org/en/docs/humanrights/charter. [3 January 2024].
UN Dag Hammarskjöld Library. (2024b). UN Human Rights Documentation. Available from: https://research.un.org/en/docs/humanrights/treaties. [3 January 2024].
UN Economic and Social Council. (2020). Resolution adopted by the Economic and Social Council on 17 July 2020 E/RES/2020/15 https://undocs.org/en/E/RES/2020/15.
UN General Assembly. (1948). Universal Declaration of Human Rights, G.A. res. 217A (III), U.N. Doc A/810 at 71 (1948). (UDHR).
UN General Assembly. (1965). International Convention on the Elimination of All Forms of Racial Discrimination, 21 December 1965, United Nations, Treaty Series, vol. 660. (ICERD).
UN General Assembly. (1979). Convention on the Elimination of All Forms of Discrimination Against Women, 18 December 1979, United Nations, Treaty Series, vol. 1249, p. 13. (CEDAW).
UN General Assembly. (1984). Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 10 December 1984, United Nations, Treaty Series, vol. 1465. (CAT).
UN General Assembly. (1985). Domestic violence: resolution / adopted by the General Assembly, 29 November 1985, A/RES/40/36.
UN General Assembly. (1989). Convention on the Rights of the Child, 20 November 1989, United Nations, Treaty Series, vol. 157s7. (CRC).
UN General Assembly. (1990). International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, 18 December 1990, A/RES/45/158.
UN General Assembly. (1993). Declaration on the Elimination of Violence Against Women: General Assembly Resolution 48/104, UN Doc. A/48/49 of 20 December 1993. (DEVAW).
UN General Assembly. (1993b). Vienna Declaration and Programme of Action, 12 July 1993, A/CONF.157/23. (Vienna Declaration).
UN General Assembly. (1998). Rome Statute of the International Criminal Court (last amended 2010), 17 July 1998. (Rome Statute).
UN General Assembly. (1999). Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women, 6 October 1999, United Nations, Treaty Series, vol. 2131, p. 83. (Optional Protocol).
UN General Assembly. (2001). Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, 16 March 2001, A/RES/54/263. (OP-CRC-SC).
UN General Assembly. (2004). Elimination of Domestic Violence against Women: GA Res. 58/147, UN Doc. A/RES/58/147 (Feb. 19, 2004). (EDVAW).
UN General Assembly. (2007). Convention on the Rights of Persons with Disabilities: resolution/adopted by the General Assembly, 24 January 2007, A/RES/61/106. (CRPD).
UN General Assembly. (2015). Transforming our world: The 2030 Agenda for Sustainable Development, 21 October 2015, A/RES/70/1. (SDG).
UN Human Rights Committee. (1988). CCPR General Comment No. 16: Article 17 (Right to Privacy), The Right to Respect of Privacy, Family, Home and Correspondence, and Protection of Honour and Reputation, 8 April 1988.
UN Human Rights Committee (1989). CCPR General Comment No. 17: Article 24 (Rights of the Child), 7 April 1989.
UN Human Rights Committee. (1990). CCPR General Comment No. 19: Article 23 (The Family) Protection of the Family, the Right to Marriage and Equality of the Spouses, 27 July 1990.
UN Human Rights Committee. (1999). CCPR General Comment No. 27: Article 12 (Freedom of Movement), 2 November 1999, CCPR/C/21/Rev.1/Add.9.
UN Human Rights Committee. (2000). CCPR General Comment No. 28: Article 3 (The Equality of Rights Between Men and Women), 29 March 2000, CCPR/C/21/Rev.1/Add.10.
UN Human Rights Committee. (2004). General comment no. 31 [80], The nature of the general legal obligation imposed on States Parties to the Covenant, 26 May 2004, CCPR/C/21/Rev.1/Add.13.
UN Human Rights Committee. (2014). General comment no. 35, Article 9 (Liberty and security of person), 16 December 2014, CCPR/C/GC/35.
UN Human Rights Committee. (2019). General comment no. 36, Article 6 (Right to Life), 3 September 2019, CCPR/C/GC/35.
Published
Issue
Section
License
Copyright (c) 2024 Tameshnie Deane
This work is licensed under a Creative Commons Attribution 4.0 International License.
