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
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article 2