CEDAW/C/GC/35
Judicial level
(c) According to articles 2 (d) and (f) and 5 (a), all judicial bodies are
required to refrain from engaging in any act or practice of disc rimination or genderbased violence against women and to strictly apply all criminal law provisions
punishing such violence, ensuring that all legal procedures in cases involving
allegations of gender-based violence against women are impartial, fair and
unaffected by gender stereotypes or the discriminatory interpretation of legal
provisions, including international law. 44 The application of preconceived and
stereotypical notions of what constitutes gender-based violence against women,
what women’s responses to such violence should be and the standard of proof
required to substantiate its occurrence can affect women’s rights to equality before
the law, a fair trial and effective remedy, as established in articles 2 and 15 of the
Convention. 45
IV. Recommendations
27. Building on general recommendation No. 19 and the Committee’s work since
its adoption, the Committee urges States parties to strengthen the implementation of
their obligations in relation to gender-based violence against women, whether
within their territory or extraterritorially. The Committee reiterates its call upon
States parties to ratify the Optional Protocol to the Convention and examine all
remaining reservations to the Convention with a view to their withdrawal.
28. The Committee also recommends that States parties take the following
measures in the areas of prevention, protection, prosecution and punishment,
redress, data collection and monitoring and international cooperation in order to
accelerate elimination of gender-based violence against women. All measures
should be implemented with an approach centred around the victim/survivor,
acknowledging women as right holders and promoting their agency and autonomy,
including the evolving capacity of girls, from childhood to adolescence. In addition,
the measures should be designed and implemented with the participation of women,
taking into account the particular situation of women affected by intersecting forms
of discrimination.
A.
General legislative measures
29. The Committee recommends that States parties implement the following
legislative measures:
(a) Ensure that all forms of gender-based violence against women in all
spheres, which amount to a violation of their physical, sexual or psychological
integrity, are criminalized and introduce, without delay, or strengthen, legal
sanctions commensurate with the gravity of the offence, as well as civil remedies; 46
(b) Ensure that all legal systems, including plural legal systems, protect
victims/survivors of gender-based violence against women and ensure that they
have access to justice and to an effective remedy, in line with the guidance provided
in general recommendation No. 33;
__________________
44
45
46
17-12719
Vertido v. Philippines, para. 8.9 (b); R.P.B. v. Philippines, para. 8.3; and general recommendation
No. 33, paras. 18 (e), 26 and 29.
See general recommendation No. 33.
See footnote 5 above.
11/19