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
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