ACHPR
African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
reasonable justification; and c) if there is no proportionality between the aim sought and
the means employed.
60.
As to what constitutes discrimination, they cited the expansive definition of
Discrimination under the provisions of Article 1 of the Convention on the Elimination
of All Forms of Discrimination Against Women (CEDAW)l1 and provided the
analogous obligation of States Parties to condemn discrimination against women in -all
its forms and to refer to appropriate measures to contain all its manifestation, direct or
indirect in Articles 2 and 3 of the same Convention. They cited the Commission's
position in the Association Mauritanienne des Droits de 1"Homme v Mauritania,12 which
approved the above-mentioned positions in CEDAW.
61. The Complainants citing EIPR and INT~RIGHTS 19, Egypt13 submitted further that
violence against women constitutes discrimination based on sex. Against this, to
describe what violence against women entails, they armed their position with the
provision of Article 1 of the Maputo Protocol and, argued that 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 arbitrary restrictions on or deprivation of fundamental freedoms in private or public
life constitutes violence against women.
62.
In the same vein they cited General Comment No. 19 by the Committee on the Elimination
of All Forms of Discrimination Against Women (CEDAW Committee) 14 which
provides that violence against women is a human rights issue and that it is a form of
discrimination that seriously inhibits women's ability to enjoy rights and freedoms on
a basis of equality with men. Also, the position that it is violence that is directed against
a woman because she is a woman or that affects women disproportionately and what
is otherwise termed gender-based violence."
63.
Elaborating on the level of recognition of gender-based violence as a bad vice, the
Complainant cited the General Assembly Resolution 67/144 on Intensification of efforts to
11
The Respondent State ratified CEDAW on 18 September 1981
12
Communication No.210/ 98, (2000), para. 11
13
Communication No. 323/2006, (2013), para. 165.
CEDAW Committee, General Recommendation
15 Ibid, para 6.
14
121 P age
19, para 1.
The African Commission
on