of the Convention on the Elimination of All Forms of Discrimination against
Women that:
The discrimination of women based on sex and gender is inextricably linked with
other factors that affect women, such as race, ethnicity, religion or belief, health,
status, age, class, caste and sexual orientation and gender identihJ Discrimination
on the basis of sex or gender may affect women belonging to such groups to a
different degree or in different ways to men. 146
211.
Accordingly, the Commission finds that the victim's experience of human
trafficking for the purposes of sexual violence and exploitation constitutes
discrimination. Moreover, the Commission is persuaded that the victim
experienced multiple discrimination on the basis of her sex, age, gender and
nationality.
212.
The Commission turns to determine the responsibility of the Respondent
State for the discrimination suffered. The Co_mmission recalls its findings on the
due diligence obligations of Parties to the Charter. The Commission further recalls
its findings on the.due diligence obligations of States regarding acts discrimination
against women. State Parties to the Charter bear a positive obligation to
investigate, prosecute and punish acts of discrimination against women. Having
already found a violation for the Respondent State's failure to investigate,
prosecute and punish the Victims' trafficking in persons for purposes of sexual
exploitation, it therefore follows that the Respondent State is equally liable for the
discrimination inherent in the violence suffered by the victim because she is a
woman.
213.
The Commission reiterates that this finding represents the prevailing
position of comparative international human rights law. The CEDAW Committee
in General Recommendation 35 on violence against women of . ..n · eaf · med
,,."~~/
'
that:
,-
Article 2 is not limited to the prohibition of discriminatio_h a inst .
directly or indirectly by States parties. Article 2 als
obligation on States parties to prevent discrimination
cases, a private actor's acts or omission of acts may be a
146 Para 18
56