A/HRC/31/37 E. Right not to be subject to violence or abuse within the family 1. Violence against women 43. Family or domestic violence is one of the most insidious forms of violence against women and is prevalent in all societies. 50 The Declaration on the Elimination of Violence against Women (see General Assembly resolution 48/104) states that this form of violence includes battering, sexual abuse of female children in the household, dowry-related violence, marital rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploitation (art. 2 (a)). In addition, the Declaration puts forward the notion of State due diligence, which requires the State to prevent, investigate and punish acts of violence against women committed by private actors, including in the family context (art. 4 (c)). International mechanisms have also expressed concern about harmful traditional practices as forms of violence against women and girls in the family context. 51 2. Violence and abuse against children, including corporal punishment 44. The Convention on the Rights of the Child (art. 19 (1)) requires States parties to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation in the family context. This prohibition includes all forms of abuse of children based on their gender, sexual orientation or disability.52 According to the Committee on the Rights of the Child, the prohibition encompasses corporal punishment of children, as well as any other cruel or degrading forms of punishment within the family.53 45. Under the Convention, protection of the child against violence or abuse also encompasses sexual abuse (art. 19 (1)). As stated by the Special Rapporteur on the sale of children, child prostitution and child pornography, the family represents the first layer of a child’s protective environment and the weakening of family structures put children at risk.54 At the same time, families confronting poverty or social disruption may promote the exploitation of their children.55 3. Violence and abuse against persons with disabilities 46. The Convention on the Rights of Persons with Disabilities protects persons with disabilities from all forms of exploitation, violence and abuse, including within the home (art. 16 (1)). States parties must put in place effective legislative and policy measures in order to ensure that these practices are identified and investigated and that perpetrators are prosecuted (art. 16 (5)). 50 51 52 53 54 55 Committee on the Elimination of Discrimination against Women, general recommendation No. 19 (1992) on violence against women, para. 6. See Joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee of the Rights of the Child; also Special Rapporteur on traditional practices, Halima Embarek Warzazi, “Study on traditional practices affecting the health of women and children” (1991); E/CN.4/2002/83; and A/HRC/4/34. See A/HRC/19/41, para. 24; and A/HRC/29/23, paras. 22, 30 and 45. Committee on the Rights of the Child, general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, para. 5. A/25/48, para. 32. A/22/54, para. 38. 13