60. In view of the above, the Committee would like to make reference to Article 1 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) outlaws all forms of discrimination, which denies women the enjoyment of their human rights. CEDAW does not have clear provision which defines gender based violence as gender based discrimination as well. But the UN Committee on the Elimination of All Forms of Discrimination against Women adopted a General Recommendation on Violence against Women expounding the definition and scope of violence against women under CEDAW. General Recommendation No 19 defines gender based violence as a „violence that is directed against a woman because she is a woman or that affects women disproportionately‟. It is a clearly established norm that sexual abuse such as rape occurring within the general public is one form of gender based violence as clearly stipulated under the UN Declaration on the Elimination of Violence against Women. This shows that the sexual abuse which TFA was subjected to is a gender based violence which affects her disproportionately and which nullifies the enjoyment of the right to freedom from degrading treatment. 61. The Committee proceeds to assess if there is nexus between gender based violence and gender based discrimination as asserted by the Complainants. General Recommendation 19 clearly states that article 1 of CEDAW on the definition of discrimination against women includes gender based violence as such violence disproportionally affects women. Furthermore, the General Recommendation provides that „gender-based violence is a form of discrimination that seriously inhibits women‟s ability to enjoy rights and freedoms on a basis of equality with men‟. In the updated General Recommendation No 35, the Committee on the Elimination of All Forms of Discrimination against Women endorsed the explanation that gender based violence is gender based discrimination. Such conclusion is reached because gender based violence is caused by a deep rooted ideology and stereotype that men have privilege over women as well as the cultural urge to ensure men‟s power and control over women. In addition, violence against women perpetuates the relegated status women have been socially given for a long period of time. In addition, the Inter-American Court of Human Rights concurs with CEDAW and endorsed that gender based violence is a form of gender based discrimination. 62. The Committee is of the view that the social subordination of women that is causing and sustaining gender based violence is by itself a gender based discrimination of women. The Committee notes that it is the deep rooted discriminatory believes and attitudes that persist in societies that continue to ascertain men dominancy and women‟s inferiority, leading to gender based violence. Violence becomes gender based violence when it is inflicted against women just because they are women and rape is one of the forms of gender based violence. Women suffer from gender-based violence because of the unequal distribution of power between men and women. Discrimination is a differential treatment based on a prohibited ground and that results in nullifying the enjoyment of rights. When gender based violence disproportionally affects women, it becomes a treatment that differentiates women from men and that nullifies the enjoyment of their various rights. Hence gender based violence that disproportionally affects women is a gender-based discrimination. Therefore, the Committee believes that gender based violence is caused by discriminatory attitudes and it is on its own gender-based discrimination, hence it violates the principle of nondiscrimination. 63. The UN Committee on the Elimination of All Forms of Discrimination against Women found a violation of article 1 of CEDAW on non-discrimination when adjudicating a case involving rape and physical abuse of a victim perpetrated by her husband despite the victim‟s continuous report to the police about the abuse she is facing. In X and Y v Georgia, the Committee found that there is violation of the principle of non-discrimination because the Respondent State in the case failed to take legislative measures to protect the victim from domestic violence. The UN Committee asserted that States are responsible for private actors if they fail to protect women from violence caused by private actors or if they fail to investigate and prosecute perpetrators. It stated „that the State party‟s authorities have failed in their duty to adopt appropriate legislative and other measures, including sanctions, prohibiting violence against women as a form of discrimination against women‟ and therefore found that the Respondent State was in violation of article 1 of CEDAW. Likewise, in the case at hand, even if the Respondent State is not the actor which caused the gender based violence which amounts to gender based discrimination, the State Party has failed to show due diligence to investigate and prosecute the perpetrators of the sexual abuse. Such 12