Human Rights our
Collective fiesponsibility
destroy the recognition, enjoyment or the exercise by women, regardless of their marital
status, of human rights and fundamental freedoms in all spheres of life.
208. The Commission noted that this definition is quite similar to the
which defines" discrimination" as:
CEDAW,
[AIny distinction, exclusion or restriction made on the basis of sex which has the effect
or purpose of impairing or nullifying the recognition, enjoyment or exercise by women,
irrespective of their marital status, on a basis of equulitu of men and women, of human
rights and fundamental freedoms in the political, economic, social, cultural, civil or any
other field. 73
209. The Commission also considered the definition of "discrimination" in the UN
General Recommendation No. 19, where the CEDAW Committee affirmed the
correlation between discrimination against women and gender-based violence. In
Paragraph 6 of General Comment 19, the CEDAW Committee clarified that the
definition of discrimination includes gender-based violence, which is violence
directed against a woman because she is a woman or that affects women
disproportionately. The Committee noted that gender-based violence "includes
acts that inflict physical, mental or sexual harm or suffering, threats of such acts,
coercion and other deprivations of liberty."74
210. The Commission also considered the definition of "discrimination against
women" in Article 10) of the African Women's Protocol and the relevant UN
instruments above, as well as the definition of "violence against women" in the
same Article, which provides that:
Violence against women means all acts perpetrated against women which cause or
could cause them physical, sexual, psychological, and economic harm, including the
threat to take such acts; or to undertake the imposition of arbiiraru restrictions on or
deprivation of fundamental freedoms in private or public life in peace time and during
situations of armed conflicts or of war.
211. After a careful analysis of the implications of these definitions on the rights of
women in the Egypt Initiative case." the Commission concluded that systematic
sexual violence targeted at the women participating or present in the scene of a
demonstration amounted to gender-based violence. The Commission held that
"violence against women affects, compromises or destroys the enjoyment and
73
74
African Women's Protocol art 1.
CEDAW General Recommendation
75 Egyptian
No. 19: Violence against women, para 6.
Initiative case (n 70 above) para 121.
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