A number of international human
rights instruments contain provisions
relating to violence against women.
Because all human rights apply equally to
women and men, the general provisions
against violence contained in the
International Covenant on Civil and
Political Rights http://www1.umn.edu/humanrts/instree/b3ccpr.htm apply to women:
Article 6 affirms the right to life.
Article 7 provides that no one should be
subjected to cruel inhuman or degrading
treatment or punishment. Article 9 deals
with the right to liberty and security of
person.
Article 10 deals with treatment in
custody.
Article 19 deals with the freedom of
opinion and expression.
Article 23 provides that no marriage
shall be entered into without the full
and free consent of both spouses. Article
26 holds that all persons are entitled to
equal protection of the law.
The Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or
Punishment http://www.hrweb.org/legal/cat.html also applies
equally to women and men, and it deals
specifically with certain forms of
violence.
The Convention on the Elimination of
Discrimination Against Women http://www.un.org/womenwatch/daw/cedaw/ and its
Optional Protocol http://www.un.org/womenwatch/daw/cedaw/protocol/adopted.htm relate
specifically to women's rights. The first
article of the Convention defines
discrimination against women, and gender
based violence is acknowledged as a form
of discrimination against women. Article
6 relates specifically to gender based
violence by requiring States Parties to
take all appropriate measures, including
legislation, to suppress all forms of
traffic in women and exploitation of
prostitution of women.
The Committee on the Elimination of
Discrimination Against Women is the body
that monitors the compliance of States
that have ratified the Convention with
the provisions of the Convention. As well
as making recommendations to particular
governments after examining their
periodical reports on the implementation
of CEDAW, the Committee may make General
Recommendations. The Committee addressed
violence against women in General
Recommendation 19 http://www.un.org/womenwatch/daw/cedaw/recomm.htm This General
Recommendation spells out how a number of
the articles of the Convention can be
applied to causes and consequences of
gender based violence.
Because it is not a Convention or
Covenant, the Declaration on the
Elimination of Violence Against Women http://www1.umn.edu/humanrts/instree/e4devw.htm is not legally
binding on those States that have signed
it. It is however an important statement
of international aspirations and carries
significant moral force.
Idea for Action: Using the International
Instruments
Find out if
your country has signed or
ratified any of the human rights
treaties mentioned in this
section. If it has ratified any
of these treaties, is it up to
date in submitting reports to the
United Nations on how they are
being implemented? Do you think
your country's reports (if any)
reflect the reality experienced
by women in your community? If
not, are NGOs preparing 'shadow
reports' to help the UN
committees to see the real story?
Perhaps you can help in the
preparation of a shadow report,
or encourage NGOs to undertake
this work.
Consider lobbying your Government
to sign the treaties if it has
not done so, or to ratify them if
it has only taken the initial
step of signing them. |
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