CEDAW/C/GC/35
cause or result in death 17 or physical, sexual, psychological or economic harm or
suffering to women, threats of such acts, harassment, coercion and arbitrary
deprivation of liberty. 18 Gender-based violence against women is affected and often
exacerbated by cultural, economic, ideological, technological, political, religious,
social and environmental factors, as evidenced, among other things, in the contexts
of displacement, migration, the increased globalization of economic activities,
including global supply chains, the extractive and offshoring industry,
militarization, foreign occupation, armed conflict, violent extremism and terrorism.
Gender-based violence against women is also affected by political, economic and
social crises, civil unrest, humanitarian emergencies, natural disasters and the
destruction or degradation of natural resources. Harmful practices 19 and crimes
against women human rights defenders, politicians, 20 activists or journalists are also
forms of gender-based violence against women affected by such cultural,
ideological and political factors.
15. Women’s right to a life free from gender-based violence is indivisible from
and interdependent on other human rights, including the rights to life, health, liberty
and security of the person, equality and equal protection within the family, freedom
from torture, cruel, inhumane or degrading treatment, and freedom of expression,
movement, participation, assembly and association.
16. Gender-based violence against women may amount to torture or cruel,
inhuman or degrading treatment in certain circumstances, including in cases of rape,
domestic violence or harmful practices. 21 In certain cases, some forms of genderbased violence against women may also constitute international crimes. 22
17. The Committee endorses the view of other human rights treaty bodies and
special procedures mandate holders that, in determining when acts of gender -based
violence against women amount to torture or cruel, inhuman or degrading
treatment, 23 a gender-sensitive approach is required to understand the level of pain
__________________
17
18
19
20
21
22
23
6/19
Deaths resulting from gender-based violence include murders, killings in the name of so -called
“honour” and forced suicides. See the report on the inquiry concerning Mexico; and the report of
the inquiry concerning Canada (CEDAW/C/OP.8/CAN/1); as well as the concluding observations
of the Committee on the following periodic reports of States parties: Chile
(CEDAW/C/CHL/CO/5-6 and Corr.1); Finland (CEDAW/C/FIN/CO/7); Guatemala
(CEDAW/C/GUA/CO/7); Honduras (CEDAW/C/HND/CO/7-8); Iraq (CEDAW/C/IRQ/CO/4-6);
Mexico (CEDAW/C/MEX/CO/7-8); Namibia (CEDAW/C/NAM/CO/4-5); Pakistan
(CEDAW/C/PAK/CO/4); South Africa (CEDAW/C/ZAF/CO/4); Turkey (CEDAW/C/TUR/CO/7);
and United Republic of Tanzania (CEDAW/C/TZA/CO/7-8), among others.
General recommendation No. 19, para. 6, and general recommendati on No. 28, para. 19.
Joint general recommendation No. 31/general comment No. 18.
See the Inter-Parliamentary Union issues brief entitled “Sexism, harassment and violence against
women parliamentarians” (October 2016).
Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment (A/HRC/31/57); report of the Special Rapporteur (A/HRC/7/3), para. 36; concluding
observations of the Committee against Torture on the following periodic reports of States parties
under the Convention against Torture: Burundi (CAT/C/BDI/CO/1); Guyana (CAT/C/GUY/CO/1);
Mexico (CAT/C/MEX/CO/4); Peru (CAT/C/PER/CO/5-6); Senegal (CAT/C/SEN/CO/3); Tajikistan
(CAT/C/TJK/CO/2); and Togo (CAT/C/TGO/CO/1); Human Rights Committee, general comment
No. 28 (2000) on the equality of rights between men and women; concluding observations of the
Human Rights Committee on the following periodic reports of States parties under the
International Covenant on Civil and Political Rights: Slovakia ( CCPR/CO/78/SVK); Japan
(CCPR/C/79/Add.102); and Peru (CCPR/CO/70/PER), among others.
Including such crimes against humanity and war crimes as rape, sexual slavery, enforced
prostitution, forced pregnancy, enforced sterilization or any other form of sexual violence of
comparable gravity, according to articles 7 (1) (g), 8 (2) (b) (xxii) and 8 (2) (e) (vi) of the Rome
Statute of the International Criminal Court.
Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment (A/HRC/31/57), para. 11.
17-12719