Bridging the Global Divide on Human Rights: a Canada-China Dialogue by Mendes Errol P.;Lalonde-Roussy Anik; & Anik Lalonde-Roussy

Author:Mendes, Errol P.;Lalonde-Roussy, Anik; & Anik Lalonde-Roussy
Language: eng
Format: epub
Publisher: Taylor & Francis Group

Similarly, the Committee for the Elimination of Discrimination Against Women has also contributed to defining the content of the term ‘acts of violence against women’. In General Comment No. 19, the Committee not only developed a classification for acts of violence against women, but also provided a detailed analysis of the scope the associated provisions in the Convention on the Elimination of All Forms of Discrimination Against Women. The Committee also stated in this recommendation that the perpetration of any of the specified acts of violence would amount to a breach of the Convention25 More specifically, the Committee held that Article 6 of the Convention mandates that signatory countries take positive measures to prevent all forms of prostitution and sexual exploitation. Likewise, Article 11 imposes a duty on state parties to actively work towards the elimination of discrimination against women in the work place. The Committee also confirmed that acts of violence against women such as forced sterilizations constitute threats to the health and life of women as prohibited under Article 12. With respect to the elimination of discrimination against rural women under Article 14, the Committee acknowledged that traditional perceptions of women and women’s roles in society often resulted in their occupying inferior positions within villages. This in turn frequently meant that they were more likely to be the victims of gender-based violence. Finally, the Committee emphasized that Article 16 (in concert with Article 5) was intended to emphasize that acts of violence which occur in marital or familial settings, including sexual assault, marital rape and mental and emotional abuse, are frequently the most hidden and ignored forms of violence against women. The Committee further noted that domestic violence constitutes a significant threat to the health of women and prevents them from being able to participate fairly in both the family environment and in public life.

Clearly, the work of women’s groups, human rights scholars and international organizations have gone a long way towards the establishment of universal obligations to protect against gendered violence. As such, while there may indeed be no broad-based international convention on the elimination of violence against women, this does not necessarily mean that the state has no obligations in this regard. Indeed, state duties can be derived from a variety of sources and although they remain insufficient, they undoubtedly established a strong starting point in the effort to eradicate gender-based violence.

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