A/HRC/20/16
2004, the General Assembly passed a resolution on the elimination of crimes against
women and girls committed in the name of honour. It stressed the need to treat such crimes
as criminal offences punishable by law. It emphasized that such crimes are incompatible
with all religious and cultural values, and called upon all States to continue to intensify
efforts to prevent and eliminate crimes against women and girls committed in the name of
honour, by using legislative, administrative and programmatic measures. 156
90.
The Committee on the Elimination of Discrimination against Women has held State
parties accountable for their failure to act with due diligence in addressing violence against
women.157 For example, in the cases of Goekce (deceased) v. Austria and Yildirim
(deceased) v. Austria,158 both concerning women victims of domestic violence, the
Committee found that the State had discriminated against the women for failing to act with
due diligence to protect their rights to life and to physical and mental integrity. The
Committee has also addressed structural discrimination against women in relation to
gender-based murders. In its inquiry under article 8 of the Optional Protocol into the
abduction, rape and murder of women in and around Ciudad Juárez, the Committee has
recommended that Mexico sensitize all state and municipal authorities to the need for
violence against women to be regarded as a violation of fundamental rights. 159
91.
Furthermore, the Committee on the Elimination of Discrimination against Women
has characterized the persecution of women accused of witchcraft as an extreme form of
violence against women.160 It has expressed its concern about the persistence of the belief
in witchcraft and the subjection of women in witch camps to violence. 161
92.
The Committee on the Elimination of Discrimination against Women has urged
Canada to examine the reasons for the failure to investigate the cases of missing or
murdered aboriginal women, to take the necessary steps to remedy the deficiencies in the
system, to carry out thorough investigations of the cases of aboriginal women who have
gone missing or been murdered in recent decades, to conduct an analysis of such cases in
order to determine whether there is a racialized pattern to the disappearances, and to take
measures to address the problem if that is the case. 162
93.
The Committee against Torture has stated that the definition of torture includes the
principle of non-discrimination on any grounds, including gender, sexual orientation and
transgender identity.163 Thus, States are obliged to protect certain minority or marginalized
individuals or populations especially at risk of torture, and should ensure such protection by
fully prosecuting and punishing all acts of violence and abuse and ensuring implementation
of other positive measures of prevention and protection. 164 The Human Rights Council, in
156
157
158
159
160
161
162
163
164
General Assembly resolution 59/165 of 20 December 2004.
The Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against
Women allows the Committee to review individual petitions against State parties that have ratified the
CEDAW Convention. See Article 7, para. 3.
CEDAW Committee, Sahide Goekce (deceased) v. Austria, communication No. 5/2005, views
adopted 6 August 2000; Fatma Yildirim (deceased) v. Austria, communication No. 6/2005, views
adopted 6 August 2007.
Report on Mexico produced by the Committee on the Elimination of Discrimination against Women
under article 8 of the Optional Protocol to the Convention, and reply from the Government of Mexico,
CEDAW/C/2005/OP.8/MEXICO, para. 286.
With regard to India, in 2007, the Committee noted its concern about the practice of witch-hunting,
See CEDAW Concluding Observations to the country, U.N. Doc. CEDAW/C/IND/CO/3.
In examining the report on Ghana, the Committee received information alleging that some 2,000
witches and their dependants were confined in five different camps.
Concluding observations of the Committee on the Elimination of Discrimination against Women:
Canada, U.N. Doc. CEDAW/C/CAN/CO/7, (2008) at para. 32.
See, Committee against Torture (hereafter CAT), General Comment No. 2, at para. 20.
Ibid., at para. 21.
23
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents