11th WAVE CONFERENCE
“Stop Violence against Women and Children”
Vienna, 24 - 26 September 2009
Panel 3: “Violence against women and their
children”:
Overlaps and contradictions in protecting the rights of
women and their children not to be subjected to
violence
Victoria Popescu, CEDAW Committee Member
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Violence against women and children is
violation of their human rights
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It is universally recognized that violence against women (VAW) is one
of the most pervasive violation of their human rights, because it
”impairs and nulifies” their enjoyment of H.R. and fundamental
freedoms (CEDAW, General Recommendation 19)
” All violence against children is a violation of their human rights to
respect for their human dignity and physical integrity” (World Report
on violence against children)
Violence against women and children empedes upon any real progress
towards equality, development and peace.
How can be used the standards contained in the CEDAW and CRC
conventions, in a joint manner, to put an end to violence directed to
women and children?
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CEDAW ‘s perspective on VAW
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Most important HR treaty on discrimination against women.
Acknowledges that women’s rights are universal human rights.
Provides a comprehensive definition of discrimination against
women (Art.1).
On VAW, only explicit reference is contained in Art.6 on
trafficking and exploitation of prostitution. Explanation: VAW
was internationally recognized as a serious violation of HR only
in mid 1980s, under women’s movement pressure.
CEDAW Convention is a living document, whose interpretation
develops.
In 1992, CEDAW Committee adopted General Recommendation
19 on VAW.
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CEDAW Committee’s General
Recommendation no. 19 on VAW
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Definition of VAW (gender-based violence): ”form of discrimination that
seriously inhibits women’s ability to enjoy rights and freedoms on an
equal basis with men” (para.1).
VAW includes: acts that inflict physical sufferings; harms of a mental or
sexual nature; threats of such acts, coercion, deprivation of liberty.
Other relevant articles of CEDAW: 1 (definition of discrimination); 2 – 3
(states’ obligations), 10 (education), 11 (employment), health(12), rural
women (14), marriage and family (16).
VAW is both cause and consequence of discrimination.
Accountability of States Parties ”to prevent violations of rights or to
investigate and punish acts of violence”, perpetrated in public and
family life, by state actors, persons, organizations or enterprises.
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CEDAW Committee’s approach to VAW
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Systematic approach and recommendations on VAW in constructive
dialogue and concluding observations.
Recommends specific legal provisions/ laws on domestic violence,
sexual abuse (including rape inside/outside marriage), harmful practices
(FGM, ”honour” killings), sexual harrassment, trafficking and
exploitation of prostitution etc; awareness raising campains, training of
law enforcement officers.
Punishment of perpetrators, clear signal that VAW is punishable crime.
Protection of the victims: shelters and hotlines, psychological and
rehabilitation assisstance, access to legal redress and remedies etc.
Drawbacks: scarce information from States; limited implementation of
specific legislation; insufficient action plans, programmes.
Stakeholders: governments bear primary responsibility; NGO’s,
parliaments, private sector, UN entities and regional organizations.
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CEDAW and CRC conventions
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Comparative approach between the two conventions and
cooperation are still at the beginning.
2009: 30th anniversary of CEDAW Convention (1979) and 20th
anniversary of CRC Convention (1989): opportunity to strengthen
cooperation.
February 2009: “rapprochement” process between the monitoring
committees (CEDAW and CRC Committees); joint working group.
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Commonality and complementarity
between CEDAW and CRC (1)
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There is considerable commonality of interests, particularly in
the protection of children’s welfare.
Shared principles: women’s and children’s rights are an
inalienable, integral and indivisible part of universal human
rights; the best interests of children.
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CEDAW’s provisions relevant to violence against children:
equality (Art.2), maternity (4.1, 11), trafficking (6), nationality
(9), education (10), health (12), the best interest of children is
paramount in relation to equal responsibilities of parents (5/b,
16/d on family).
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Commonality and complementarity
between CEDAW and CRC (2)
CEDAW and CRC share concerns on trafficking, violence and sexual
abuse, expressed in:
- their concluding observations
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- general recommendations and comments (eg CEDAW’s GR 19; CRC’ s
General Comment 8 on corporal punishment)
- aditional legal instruments: Optional protocol to CEDAW (1999), CRC’s
OPs on sale of children, child prostitution, child pornography/ on
involvement of children in armed conflict.
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Emphasize linkages between violence against women and children
Decisions on domestic violence, under CEDAW’s OP, also relevant for
children of victimized women: e.g. Ms. A.T. Vs Hungary (2005)
Create accountability on the part of the governments.
Focus on full implementation of the conventions.
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Differences and contradictions
between CEDAW and CRC
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As shown by HR’s history, competition may appear in the recognition
and protection of HR. Absolute interpretation of one HR/ set of HRs
may undermine other HR.
It is possible to balance conflicting interests between CEDAW and CRC
and turn to better account their overlaps and complementarities,
through: proper interpretation and incorporation of their provisions in
national legislation, appropriate policies and programmes at country
level.
A few exemples of differences/ contradictions with respect to
protection against violence:
Difference of emphasis: gender-based discrimination and violence vs.
protection of all children
The best interests of the child vs. stereotyping motherhood
Cultural relativism vs. universality of HR
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(1) Difference of emphasis: gender-based discrimination
and violence vs. protection of all children
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CEDAW focuses on gender-based discrimination and violence against
women and the girl child, because of their sex. It is a life-cycle approach
from birth to old age linking discrimination and violence against women
to girl children and adolescents.
CRC focuses on protection of all children and has a more gender-neutral
approach.
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Higher vulnerability of girl child and adolescents to some forms of
violence (trafficking, sexual abuse, including rape, harmful practices
such as FGM, gender-based foeticide and infanticide, ”honour” crimes).
Need to ensure equal protection and opportunities to empowerment for
girls, just like for boys.
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(2) Best interests of the child vs. stereotyping
motherhood
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CRC may tend to stereotype women as mothers, for securing ”the best
interests of the child”.
To avoid this potential conflict of HR, the concept ”best interests of the
child” should be interpreted in conjunction with CEDAW’s broader
perspective on women’s rights and responsibilities in family and society.
Both conventions highlight the obligation of shared responsibilities by
parents and for governments to provide child care facilities.
Women’s empowerment on equal footing with men contribute to a
better environment for their children, free of tension and violence
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(3) Cultural relativism vs. universality of HR
In some societies, acts of violence and coercion may be excused in the
name of some cultural and religious customs and traditions, such as
FGM, ”honour killings” and other harmful practices, early marriages, as
well as corporal punishment infliged to children for ”disciplining”.
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In this case there may be a clash between cultural and religious rights,
if absolutized, and the universality and indivisibility of individuals’
human rights (including to life, to physical and mental integrity etc).
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While cultural traditions must be acknowledged and cherished, they
can not justify any violation of a a person’s human rights, including by
acts of violence.
In conclusion: there is much room for cooperation, among all relevant
stakeholders, to turn to account the synergies and complementarities
between CEDAW and CRC conventions in an enhanced joint struggle
against violence.
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