of their human rights and fundamental freedoms, as enshrined zn the Convention. " 143 207. The Commission takes the view that the victim was subjected to T.I.P for sexual violence and exploitation because of her situation, context and positionality as a woman. The victim was a young woman in a foreign country at the mercy of the persons she believed had brought her into the country for purposes of gainful employment. For this reason, the Commission need not compare the victim to any man to establish whether she was a victim of gender-based violence or not. The Commission is persuaded by the view that discrimination against women can occur from a female-specific context. Violence against women happens to women because they are women. 208. that: In the CEDAW General recommendation No. 35; the Committee states The Committee regards gender-based violence against women as being rooted in gender-related factors, such as the ideology of men's entitlement and privilege over women, social norms regarding masculinity, and the need to assert male control or power, enf9rce gender roles or prevent, discourage or punish what is considered to be unacceptable female behaviour. Those factors also contribute to the explicit or implicit social acceptance of gender-based violence against women, often still considered a private matter, and to the widespread impunity in that regard. 144 209. This view is not novel and is synonymous with the prevailing jurisprudence on the inherent discrimination and discriminatory effect of violence against women. The ECtHR in Opuz v. Turkey, considered domestic violence, a form of gender-based violence, which was in turn a form of discrimination against women. 145 210. Moreover, the Commission is convinced ~~m~~ erience of violence against women did not only occur becau t rather because she was a woman of a particular disadv eted for her vulnerability and background. As the . . ., ....~~·". . . General Recommendation No. 28 on the core obligation 143 Para 10 144 Para 19 '145 (2009) para 184-191 55 ........:::==;;;.,,,-- article 2

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