A/HRC/26/38
potentially vulnerable, and from which all deserve protection. This suggests that male
victims of violence require, and deserve, comparable resources to those afforded to female
victims, thereby ignoring the reality that violence against men does not occur as a result of
pervasive inequality and discrimination, and also that it is neither systemic nor pandemic in
the way that violence against women undisputably is. The shift to neutrality favours a more
pragmatic and politically palatable understanding of gender, that is, as simply a euphemism
for “men and women”, rather than as a system of domination of men over women. Violence
against women cannot be analysed on a case-by-case basis in isolation of the individual,
institutional and structural factors that govern and shape the lives of women. Such factors
demand gender-specific approaches to ensure an equality of outcomes for women. Attempts
to combine or synthesize all forms of violence into a “gender neutral” framework, tend to
result in a depoliticized or diluted discourse, which abandons the transformative agenda. A
different set of normative and practical measures is required to respond to and prevent
violence against women and, equally importantly, to achieve the international law
obligation of substantive equality, as opposed to formal equality.
62.
The Declaration on the Elimination of Violence against Women, the Convention on
the Elimination of All Forms of Discrimination against Women and various regional
treaties have explicitly articulated international understanding of the issue, and have
reaffirmed and acknowledged that violence against women is both a cause and a
consequence of discrimination, patriarchal dominance and control; that it is structural in
nature; and that it works as a social mechanism that forces women into a subordinate
position, in both the public and private spheres. CEDAW has criticized States that have
moved to the gender-neutral approach.39 In addition to gender specificity in legislation,
policies and programmes, it is argued that “where possible, services should be run by
independent and experienced women’s non-governmental organizations providing genderspecific, empowering and comprehensive support to women survivors of violence, based on
feminist principles”.40 Specificity is also mandated in the relevant regional human rights
instruments on women and violence.
2.
Persisting public/private dichotomy in responses to violence against women
63.
Another manifestation of inequality and discrimination in responses to violence
against women is the public/private dichotomy, which ultimately relegates women to the
private sphere. This dichotomy is reinforced by the gender pay gap; the “double burden” of
production and reproduction, which often limits the autonomy of women; and, in the most
overtly patriarchal societies, systems of guardianship or legal instruments consciously
designed to limit women’s access to the public sphere. Even in societies in which women
make sustained and significant contributions to the workforce, their roles in public life tend
to be curtailed, and issues considered to be of particular concern to women are often
assumed to be private. Violence against women is no exception, and the belief that personal
relationships are not a matter of public concern continues to affect responses in the
prevention, reporting and prosecution of cases of violence.
3.
Accountability and impunity: failure of States to act with due diligence to eliminate
violence against women
64.
In her 2013 report to the Human Rights Council, the Special Rapporteur highlighted
the continuing challenges of failures in relation to States’ obligation to act with due
39
40
See reports of the Committee on the Elimination of Discrimination against Women, for example,
CEDAW/C/NLD/CO/4; CEDAW/C/POL/CO/6; CEDAW/C/FIN/CO/6; CEDAW/C/UK/CO/6.
Department of Economic and Social Affairs of the United Nations, Division for the Advancement of
Women, Handbook for Legislation on Violence against Women (New York, 2009), sect. 3.6.1.
17
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