A/HRC/20/5
victimization-oriented approach to one of empowerment, including education, health and
gender equality requirements within the scope of their recommendations, as part of the due
diligence obligation of the State to prevent violence against women. 5
II. International legal framework and women and girls with
disabilities
6.
International standards provide legal protection from violence for all persons
without discrimination. The principle of equality and non-discrimination on the basis of,
inter alia, sex or other status, is enshrined in identical provisions in the International
Covenant on Civil and Political Rights and the International Covenant on Economic, Social
and Cultural Rights.6 Articles 7, 9 and 10 of the International Covenant on Civil and
Political Rights provide for the right to physical and moral integrity and the right to liberty
and security of the person. In its general comment No. 16 on the equal right of men and
women to the enjoyment of all economic, social, and cultural rights, the Committee on
Economic, Social and Cultural Rights recognized that gender-based violence is a form of
discrimination that inhibits the ability to enjoy rights and freedoms, including economic,
social and cultural rights, on a basis of equality, and called on States parties to take
appropriate measures to eliminate violence against men and women and act with due
diligence to prevent, investigate, mediate, punish and redress acts of violence against them
by private actors.7
7.
In recognition of the gender-specific nature of violence, international law has
incorporated norms prohibiting violence against women in different contexts, within the
family, and at the community and the State levels. The Convention on the Elimination of
All Forms of Discrimination against Women provides for specific protection from
discrimination for women and girls. In its general recommendation No. 19 on violence
against women, the Committee on the Elimination of Discrimination against Women noted
that, by ratifying the Convention, States had undertaken legal obligations to prevent and
eliminate violence against women, and clarified that gender-based violence, which impairs
or nullifies the enjoyment by women of human rights and fundamental freedoms under
general international law or under human rights conventions, is discrimination within the
meaning of article 1 of the Convention.8
8.
The Convention on the Rights of Persons with Disabilities recognizes that women
and girls with disabilities are often at greater risk, both within and outside the home, of
violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, and
expresses concern about the difficult conditions faced by persons with disabilities who are
subject to multiple or aggravated forms of discrimination”. 9 In article 16, the Convention
5
6
7
8
9
4
“15 years of the United Nations Special Rapporteur on violence against women, its causes and
consequences”, available from
www.ohchr.org/Documents/Issues/Women/15YearReviewofVAWMandate.pdf.
In its article 2, the International Covenant on Civil and Political Rights guarantees to all individuals,
within a State party’s territory and subject to its jurisdiction, that the rights enshrined in the Covenant
will be respected and ensured without distinction of any kind such as race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other status; article 3
guarantees the equal right of men and women to enjoy all the civil and political rights contained in the
Covenant. Similar provisions are contained in articles 2 (2) and 3 of the International Covenant on
Economic, Social and Cultural Rights.
E/C.12/2005/4, para. 27.
General recommendation No. 19, para. 7.
Preamble (d) and art. 6(1).
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