CEDAW/C/GC/35
26. The general obligations described above encompass all areas of State action,
including in the legislative, executive and judicial branches and at the federal,
national, subnational, local and decentralized levels, as well as action under
governmental authority by privatized governmental services. They require the
formulation of legal norms, including at the constitutional level, and the design of
public policies, programmes, institutional frameworks and monitoring mechanisms
aimed at eliminating all forms of gender-based violence against women, whether
perpetrated by State or non-State actors. They also require, in accordance with
articles 2 (f) and 5 (a) of the Convention, the adoption and implementation of
measures to eradicate prejudices, stereotypes and practices that are the ro ot causes
of gender-based violence against women. In general terms, and without prejudice to
the specific recommendations provided in the following section, the obligations
include the following:
Legislative level
(a) According to articles 2 (b), (c), (e), (f) and (g) and 5 (a), States are
required to adopt legislation prohibiting all forms of gender -based violence against
women and girls, harmonizing national law with the Convention. In the legislation,
women who are victims/survivors of such violence should be considered to be right
holders. It should contain age-sensitive and gender-sensitive provisions and
effective legal protection, including sanctions on perpetrators and reparations to
victims/survivors. The Convention provides that any existing norms of religious,
customary, indigenous and community justice systems are to be harmonized with its
standards and that all laws that constitute discrimination against women, including
those which cause, promote or justify gender-based violence or perpetuate impunity
for such acts, are to be repealed. Such norms may be part of statutory, customary,
religious, indigenous or common law, constitutional, civil, family, criminal or
administrative law or evidentiary and procedural law, such as provisions based on
discriminatory or stereotypical attitudes or practices that allow for gender -based
violence against women or mitigate sentences in that context;
Executive level
(b) Articles 2 (c), (d) and (f) and 5 (a) provide that States parties are to adopt
and adequately provide budgetary resources for diverse institutional measures, in
coordination with the relevant State branches. Such measures include the design of
focused public policies, the development and implementation of monitoring
mechanisms and the establishment and/or funding of competent national tribunals.
States parties should provide accessible, affordable and adequate services to protect
women from gender-based violence, prevent its reoccurrence and provide or ensure
funding for reparations to all victims/survivors. 42 States parties must also eliminate
the institutional practices and individual conduct and behaviour of public officials
that constitute gender-based violence against women, or tolerate such violence, and
that provide a context for lack of a response or for a negligent response. This
includes adequate investigation of and sanctions for inefficiency, complicity and
negligence by public authorities responsible for the registration, prevention or
investigation of such violence or for providing services to victims/survivors.
Appropriate measures to modify or eradicate customs and practices that constitute
discrimination against women, including those that just ify or promote gender-based
violence against women, must also be taken at the executive level; 43
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See footnote 5 above and general recommendation No. 33.
See joint general recommendation No. 31/general comment No. 18.
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