holding that tho e t ts were not objective and made no allowance for R ma
ultural context informed by the perspective of non-Roma.
204.
In Jurcic v. Croatia, the Court held for th first time that a woman had been
discriminated again t on th.e basis of her pregnancy. Finding that only women
could be treated diff r ntly on grounds of pr gnancy, th Court held that such a
diff r nee in tr atment amount d to direct discrimination on grounds of sex if it
wa n t justified.i 4 o
205.
In General Recommendation no.25: Article 4, paragraph 1, of the
Convention (temporary special measures), the CEDAW Committee stated that
" th Convention focu es on discriminati n against women , emphasizing that
women have suffered and continue to suff r from various form of discrimination
b cau they ar w omen ." 14 1 In para 6, th Committee went on to say that the
obligations in article 1 to 5 of the CEDAW impose obligations which " .. . should
b implemented in an integrated fashion and extend beyond a purely formal legal
obligation of equal treatment of women with men." The Committee went further
t ay that "The lives of women ana men must be considered in a contextual way,
and m asures adopted towards a real transformation of opportunities, institution
and systems so that they are no longer ground din historically determin. d male
paradigms of pow rand lif patt m .'' 142
206.
Bas d on the above, th.e Commis ion is persuaded that a Substantive
equality analysis is in order in the present case. Applying the facts of the case,
on id ring the victim ' circumstances, positionality, background and systematic
di advantage as a woman, the Commission finds that th victim's experience of
violence was inherently discriminatory. The Commissi n a sociates with the
views of the CEDAW Committee in General recommendation o. 35 on gend rbased violence again t women, updating g neral recommendati 11'
t
p
~ l 'if
,
'
,
" .. .gender-based violence against wom n is one of the fundam ent l socia olit,
and economic means by which the subordinate position o !vo,r/en 8 ':t . re eel"·
men and their stereoh;ped role are perpetuated. Tfrtr.dJA-gh ut it wor. f;
Committee ha made clear that such violence is a critical ob a.cl . t/1 a't ieve:me"'
of substanti e equality between women and men and to th rj9,ymeni: bl;~ o z n
o:i .
.J,'lr\11
HO (2021) 54711
5 Judgment 4.2.2021
141 (2004) para 5
14 2 Genera l. R
ommendation no. 25 (2004) Pa ra 10
54
,
- a,
, ~