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, , ~

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